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HomeMy WebLinkAbout2009-02-10 Resolution~~~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 09-11 RESOLUTION TO ISSUE DANCING PERMIT u~-'i u-ua 6c 14 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: One- Eyed Jake's - 18-20 S. Clinton Street It's Brothers Bar & Grill - 125 S. Dubuque Street Passed and approved this 10th day of Feb uary ` , 20 09 M Approve y ATTEST: 7 2~G~sv CIT CLERK City Attorney's Office /a ~7~~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 x Champion x Correia x Hayek ~ O'Donnell _ x Wilburn x Wright ~~ 6e 2 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356-5053 RESOLUTION NO. 09-12 RESOLUTION SETTING A PUBLIC HEARING ON FEBRUARY 24, 2009 TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2009, THROUGH JUNE 30, 2010, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2013. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a public hearing on said proposal should be and is hereby set for February 24, 2009, 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, to permit any taxpayer to be heard for or against the proposed FY2010 Operating Budget and the Proposed FY2010-FY2012 Financial Plan and also the multi- year Capital Improvements Program through Fiscal Year 2013. Passed and approved this 10th day of ATTEST: ~~~~~ -CITY ERK Hp ovea Dy z_~._®9 City Attorney's Office It was moved by Chamgion and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: ~- x x _~- X x x ABSENT: NAYS: Bailey Champion Correia Hayek O'Donnell Wilburn Wright finadm~budget~pubhrgFY10. doc ~~~ _ Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 6e 3 RESOLUTION NO. 09-13 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 7, 2009 ON THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2009 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Annual Plan; and, WHEREAS, the Iowa City Housing Authority is required to update the Annual Plan under the Quality Housing and Work Responsibility Act of 1998 ("QHWRA"); and, WHEREAS, the Annual Plan provides details about the Housing Authority's immediate and ongoing operations, program participants, programs and services; WHEREAS, The PHA Plan also serves as the annual application for grants to support improvements to public housing buildings (Capital Fund Program); WHEREAS, the QHWRA requires that the plans be made available to the public for review not later than 45 days before the public hearing is to take place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing for the Iowa City Housing Authority's Annual Plan for Fiscal Year 2009 should be and is hereby set for 7:00 PM, Apri17, 2009, in Emma Harvat Hall of City Hall, 410 E 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. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above named proposal in a newspaper published at least once weekly and having a general circulation in the City, in accordance with applicable laws. Passed and approved this 10th day of February , 20~~. ~- R Approved b 3, o~ . ~~~~ a 1 ATTEST: ;` CITY ERK City Attorney's Office Resolution No, 09-13 Page 2 It was moved by Chamyion and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: X x x x _~ ~- x .ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc 6f 1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St.,'Iowa City, IA 52240 (3191356-5246 RESOLUTION N0. 09-1 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 1015 DIANA STREET. IOWA CITY, IOWA. WHEREAS, on January 13, 2003, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the Mortgage has been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage. 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 1015 Diana Street, Iowa City, Iowa from a Mortgage recorded January 13, 2003, Book 3458, Page 411 through Page 417, of the Johnson County Recorder's Office. Passed and approved this 10th day of February , 20.42_• ATTEST CITY LERK City Attorney's Office r` App ved by c `J,,z~ It was moved by (:hamninn 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 X O'Donnell X Wilburn x Wright I ~ d t~o~ 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 Mortgagorlsl: Cynthia C. Rolfes Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property 1015 Diana Street, Iowa City, Iowa, and legally described as follows: Beginning at a point 150 feet south of the northwest corner of Lot 1, Block 5, Lucas Addition to Iowa City, according to the plat thereof recorded in Deed Book 13, Page 580, Records of Johnson County, Iowa, thence south on the west line of said Lot 1, 50 feet, thence east 100 feet, thence north 50 feet, thence west to the place of beginning a distance of 100 feet. from an obligation of the owner, Cynthia C. Rolfes, to the City of Iowa City represented by a Mortgage recorded January 13, 2003, Book 3458, Page 4111 through Page 417, of the Johnson County Recorder's Office. This obligation has been recaptured 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: CITY LERK STATE OF IOWA 1 SS: JOHNSON COUNTY 1 City Attorney's Office On this /0{~' day of F~.~izu l A.D. 20 0~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeare 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 behalf of t e corporation by authority of its City Council, as contained in Resolution No. ~ adopted by the City Council on the ~_ day ° , 20~_ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of s id instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o~Ar SONDRAE FORT S ~~~ 9 ~~ _ ~ Commission Number 159791 My Commission F~pTres Notary Public in and for Johnson County, Iowa iow '~ DD`s c~ i~~ I~aS M+~ 6f 2 9 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO 09-15 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A STATEMENT OF LIFE LIEN AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 516 RONALDS STREET, IOWA CITY, IOWA. WHEREAS, on July 10, 1987, the owner executed a Statement of Life Lien with the City of Iowa City to secure a loan; and WHEREAS, on July 28, 1995, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, on May 15, 1996, the owner executed another Mortgage with the City of Iowa City; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 516 Ronalds Street, Iowa City, Iowa from a Statement of Life Lien recorded July 17, 1987, Book 960, Page 186; and a Mortgage recorded May 3, 1996, Book 2076, Page 23 through Page 27; and a Mortgage recorded June 14, 1996, Book 2102, Page 303 through Page 307 of the Johnson County Recorder's Office. Passed and approved this 10th day of February , 20 09 ATTEST: d I~d~° Tice Resolution No. 09-15 Page 2 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 g Correia x Hayek g O'Donnell x Wilburn g 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 Mortgagorlsl~ James J. Dooley Mortgagee: City of Iowa City RELEASE OF L/ENS The City of Iowa City does hereby release the property at 516 Ronalds Street, Iowa City, Iowa, and legally described as follows: The East Half of Lot Six (6) in Block Thirty-three (33) in Iowa City, as shown by the recorded plot thereof. from an obligation of the owner, James J. Dooley, to the Cify of Iowa City represented by a Statement of Life Lien recorded July 17, 1987, Book 960, Page 186; and a Mortgage recorded May 3, 1996, Book 2076, Page 23 through Page 27; and a Mortgage recorded June 14, 1996, Book 2102, Page 303 through Page 307 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby rel upon title to the above property by reason of said prior record ATTEST: CIT ERK STATE OF IOWA 1 1 SS: JOHNSON COUNTY 1 from any liens or clouds ument ~ ~ ~ f~lved by City Attorney's Office On this ~ day of ~ u , A.D. 20~_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeare egenia 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 behalf of the corporation by authority of its City Council, as contained in Resolution No. ~ /~ ,adopted by the City Council on the /D~ day E R , 20 O~ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of d instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o,`e9`~~~ SONDRAE FORT ~er~llG:~ t'~'~'6 _ `~ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission F~cpires iow 1 oa M~ 6f 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 09-16 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 303 3RD 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 January 31, 2006, and recorded on February 6, 2006, in Book 3989, Page 260 through Page 265, in the Johnson County Recorder's Office covering the following described real estate: Lot Eleven (1 1), Dunlap's First Addition to Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, West Bank has refinanced a mortgage to the owner of the property located at 303 3rd Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, West Bank, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with West Bank; 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 West Bank, Iowa City, Iowa. Passed and approved this 10th day of February , 202_ ATTEST: 1 CIT - LERK Approved by ~~~~ r `d 8"- © S City Attorney's Office Resolution No. A9-16 Page 2 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 Wilburn X Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and West Bank of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $24,695.94, and was executed by David Stephen Engelstad (herein the Owner), dated January 31, 2006, recorded February 6, 2006, in Book 3989, Page 260 through Page 265, Johnson County Recorder's Office, covering the following described real property: Lot Eleven (11), Dunlap's First Addition to Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $ 197,000.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the 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 27th day of January , 20 09 CITY OF IOWA CITY FINANCIAL INSTITUTION West Bank t- , . ey Mayor Attest: City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) By ,l ~ ~ ,~ Keith A. Kurth, Vice President On this /o day of F_~ , 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, p sonally appeared Re c.,' . B~' a and Marian K. Karr, to me personally known, and, who, being by me my sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in -~Ar~linanze) (Resolution) No. v9- /6 passed (the Resolution adopted) by the City Council, under Roll Call No. -~-~ of the City Council on the ~o'-~, day of F~aRua:~~, , 20~, and that .~ „: a .D B ~ and Marian K. Karr acknowledged the execution of the instrument to be their vol tary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 6Sw~~ SONDRAE FORT z ~ Commission Number 159791 My Commission Facpires row ~o .'~ SaY.d,na-~ ~r`f7 Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ss: JOHNSON COUNTY ) On this 27th day of January , 2009 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Keith A. Kurth to me personally known, who being by me duly sworn, did say that he/she is the Vice President of w G R n ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Keith A. Kurth acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and oluntarily executed. ~ ' ~` otary ub c n for a State of low ~ eROC - ~ g . ~ M r-~ My Commission expires:- 1i:~ Q ~~ I ' _ "~. Prepared by: Sarah Okerlund, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 09-17 RESOLUTION ACCEPTING THE WORK FOR THE HIGHLAND COURT WATER MAIN REPLACEMENT PROJECT r' y_. , WHEREAS, the Engineering Division has recommended that the work for construction of the Highland Court Water Main Replacement Project, as included in a contract between the City of Iowa City and Maxwell Construction, Inc. of Iowa City, IA, dated July 28, 2008, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $175,385.50. 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 10th day of February , 20 09 ~--.. R Approved b ATTEST: _ ~? o~~' ~~''~~~z-~ I~~f~~ CITY RK City Attorney's Office ~ ~3~~v~ It was moved by Champion and seconded by O'Donnell 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 Pwenglreslhighla ndcourt-acptwork.doc 1 /09 r ~,~'_,--,.®~ CITY OF IOWA CITY 6f4 ~ ..u~,~r~~*~ ®~~~ M E M O RA N D U M Date: February 5, 2009 To: Michael Lombardo From: Kim Sandberg,lpp Re: Agenda Items The following are costs associated with the Capital Improvement Projects being presented for acceptance at the February 10th Council meeting: 1) Highland Court Water Main Replacement Contractor.' Maxwell Construction • Project Estimated Cost: $ 231,000.00 • Project Bid Received: $ 165,312.00 • Project Actual Cost: $ 175,385.50 2) 2007 Lower West Branch Road -Scott to Taft Contractor: Metro Pavers • Project Estimated Cost: $ 3,438,064.00 • Project Bid Received: $ 2,455,182.73 • Project Actual Cost: $ 2,559,604.73 3) Transit Facility Tuckpointing Contractor: E & H Restoration • Project Estimated Cost: $ 55,000.00 • Project Bid Received: $ 56,483.00 • Project Actual Cost: $ 59,056.00 Mica U 6f 5 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 09-18 RESOLUTION ACCEPTING THE WORK FOR THE 2007 LOWER WEST BRANCH ROAD -SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2007 Lower West Branch Road -Scott Boulevard to Taft Avenue Improvements Project, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated February 28th, 2007, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. WHEREAS, the final contract price is $2,559,604.73. 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 10th day of February , 2009. ATTEST: ~ `~'C - ~~ City rk Approv by: ~~ / `~ City Attorney's Office Resolution No. 09-18 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 ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdata/glossary/resolution-ic. doc M-k~, 6f 6 Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 09-19 RESOLUTION ACCEPTING THE WORK FOR THE TRANSIT FACILITY TUCKPOINTING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Transit Facility Tuckpointing Project, as included in a contract between the City of Iowa City and E & H Restoration of Davenport, Iowa, dated June 26, 2008, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Engineer's office; and WHEREAS, the final contract price is $59,056.00. 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 i nth day of ATTEST: /~ CIT LERK 20~_ It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ~- x x ~- x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright Pweng/res/km-transituckpt-acptwork.doc 1109 City Attorney's Office yV~..l~ u~-'i u-uy ~~~`~ 6f7 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-20 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER AMBROSE PROPERTIES, LC, AND TENANT CAFFREY, INC. D/6/A DC'S, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Ambrose Properties, LC, as landlord, and Caffrey, Inc., d/b/a DC's, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 124 S. Dubuque St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this lOthday of ATTEST: CI - LERK City Attorney's Office r~pproveca Uy. ~ t g: q,~~ Resolution No. 09-20 Page ~ It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x ~L X x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc May 6f 8 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-21 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A DONNELLY'S PUB, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, One Ten Properties, LLC, as landlord, and Kmarcella, Inc., d/b/a Donnelly's Pub, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 110 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 10th day of ATTEST: CIT LERK Februa 2009. City Attorney's Office ~- Hpprovea py: SC~ Resolution No. 09-21 Page 2 It was moved by Champion 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 wpdata/glossary/resol uGon-ic. doc 6f 9 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-22 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC D/B/A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, William and Helen Byington, as landlord, and Little Donkeys, Inc, d/b/a Panchero's Mexican Grill, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 32 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. - 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 10th day of ATTEST: ~ G CIT LERK 2009. dS City Attorney's Office Resolution No. 09-22 Page 2 It was moved by Champion and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek g O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic.doc 6f(10 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-23 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER PLAZA TOWERS LLC, AND TENANT J & E, INC. D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Plaza Towers LLC, as landlord, and J 8~ E, Inc., d/b/a Formosa Asian Cuisine, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 241 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreema~~~t for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this .Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 10th day of ATTEST: CIT LERK - ~ a ,~S City Attorney's Office 'r r' - - - " ~ ~ . Resolution No. Page 2 09-23 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: 0' Donnell the Resolution be ABSENT: ~_ Bailey x Champion ~ Correia x Hayek . _~ O'Donnell g Wilburn x Wright wpdata/glossary/resolution-ic.doc 6f 11 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-24 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION D/B/A STARBUCKS COFFEE #2855-IA, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen, as landlord, and Starbucks Corporation, d/b/a Starbucks Coffee #2855-IA, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 228 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 10th day of ATTEST: CIT LERK 1"a~ ,~~ City Attorney's Office Resolution No. 09-24 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 u~-~ u-ua ~6f 12 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-25 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT MOTIF, LTD D/B/A BO-JAMES, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Lubin Trust, as landlord, and Motif, Ltd, d/b/a Bo-James, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 118 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this lOthday of February , 2009. ATTEST: ~1 ~ ~~ CIT LERK Approved by: _ ~`d~1O~ City Attorney's Office Resolution No. 09-25 Page 2 It was moved by Champion and seconded by O'Donnell 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 '~~1~ 6f 13 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-26 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, INC D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, University View Partners, as landlord, and Dawit's Restaurant, Inc, d/b/a David's Place, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 100 S. Linn St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 10th day of Febru , 2009. 1 /~ ~ ~~~, ATTEST: ~~ ~`~ CIT ERK Approv by: I ,a a,o~ City Attorney's Office Resolution No. Page 2 09-26 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 x O'Donnell x Wilburn x Wright wpdatalglossary/resolution-ic.doc ''~~~ 6f 14 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-27 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY D/B/A JAVA HOUSE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Moka Java LLC, as landlord, and Iowa City Coffee Company, d/b/a Java House, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 211 '/z Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2009 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 10th day of Feb ATTEST: 2009. Approved by:~~ 1- as,c~~ City Attorney's Office Resolution No. 09-27 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x X x ~- X Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ~~ uz-~ u-uy 9 Prepared by: Sara Greenwood Hektoen, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356- 5030 RESOLUTION NO. 09-28 RESOLUTION AUTHORIZING THE CONVEYANCE BY QUIT CLAIM DEED OF ANY INTEREST THE CITY HAS IN THE VACATED 10.23 ACRE PORTION OF OLD DUBUQUE ROAD LOCATED SOUTH OF INTERSTATE 80 AND EAST OF DODGE STREET TO ACT, INC.. WHEREAS, On November 10, 1992, the City Council passed Ordinance No. 92-3555, an ordinance conditionally vacating 10.23 acres of the old Dubuque Road located south of Interstate 80 and east of Dodge Street; and WHEREAS, said vacation was conditioned on the State of Iowa conveying title to the 10.23 acres to ACT, Inc., which condition has been satisfied; and WHEREAS, ACT, Inc. has requested that the City convey whatever interest it may have in the vacated 10.23 acres to it for the purpose of clearing title to the land; and WHEREAS, the City's interest in said 10.23 acres is limited to the rights acquired as a successor to Johnson County's interest in said land at the time it was annexed into the City's corporate limits; and WHEREAS, conveyance by quit claim deed shall help to clarify chain of title over the land underlying the old highway easement for purposes of ownership and future conveyance; and WHEREAS, on January 6, 2009, the City Council adopted a Resolution declaring its intent to consider the conveyance to ACT, Inc. of its interest in said 10.23 acres of the vacated Old Dubuque Road, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby authorize the Mayor and City Clerk, upon approval of the City Attorney, to execute all documents necessary to convey any interest the City has in the 10.23 acre portion of the vacated Old Dubuque Road via Quit Claim Deed for the price of $1. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 10th day of F uar 09 App oved by ATTEST: ~ ~ ~ ~~ CITY ERK y Attorney's Office ~ ~w,~ Resolution No. 09-28 Page 2 It was moved by o' Donnell 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 ~~~ ~ ~ Q Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 09-29 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CASEY' S GENERAL STORE WHEREAS, on November 23, 2008, an employee of Casey's General Store, 204 N. Dubuque Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of the violation, Casey's General Store was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, Casey's General Store waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation by the permittee's employee within atwo-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Casey's General Store. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 10, 2009 EST: __~~~u,~ City rk, City of Iowa City Resolution No. 09-29 Page 2 It was moved by Champion and seconded by Correia 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 wpdata/glossary/resolution-ic.doc 10 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, [A 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CNIL PENALTY AGAINST CASEY'S GENERA STORE WHEREAS, on Nove ber 23, 2008, an employee of Casey's General Store, 204 N. Dubuque Street, Iowa City, violat~d Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and \\~ WHEREAS, at the time of thi`~,,violation Casey's General Store was operating under a retail cigarette permit issued by the Cky of Iowa City; and WHEREAS, pursuant to Iowa Code~~~ 453A.22(2), an establishmelat~which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result~of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City~~ouncil to determine whether to assess the civil penalty against Casey's General Store and at~aid hearing the City Council heard the facts of the violation and the arguments of the perm}thee, if any; and WHEREAS, this violation is the first such viola~~~i'on of an employee of Casey's General Store within a two year period to be considered by tJ~e City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED $Y THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and he ring, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount o $300.00 against Casey's General Store. BE IT FURTHER RESOLVED, th said retail cigarette permittee has twenty (20) days from the date of this Resolution to pay the vil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permittee shall automatically be suspended for a period of fourteen (14) days, in addition the $300.00 civil penalty. BE IT FURTHER RESOLV~D, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's ffice, which will then provide a copy qof the same to the retail cigarette permit holder vi regular mail sent to the permit holder's puce of business as it appears on the application for a r~tail cigarette permit. PASSED AND Mayor, City of~owa City ATTEST: City Clerk, City of Iowa City "-~~...~-;-~ l ~, Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 09-~0 RESOLUTION ACCEPTING CNIL. PENALTY AND WAIVER OF RIGHT TO HEARING FROM DELI MART #2 WHEREAS, on November 20, 2008, an employee of Deli Mart #2, 1920 Lower Muscatine Road, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Deli Mart #2 was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within atwo-year period; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1) and, at the establishment's option, either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employee violates § 453A.2(1) within a two-year period, each after a hearing and proper notice; and WHEREAS, Deli Mart #2 has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by tendering the $1500.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $1500.00 civil penalty on behalf of Deli Mart #2. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 10, 2009 ATTEST: ~ 71 . City 'k, City of Iowa City Resolution No. 09-30 Page 2 It was moved by Wright and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x x x x x x X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc 11 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGAR TTE PERMIT SUSPENSION AGAINST DELI MART #2 WHEREAS, on No ember 20, 2008, an employee of Deli Mart #2, 1920 Lower Muscatine Road, violated Iowa Code § ,453A.2(1) by selling or providing tobacco to a minor; and `, WHEREAS, at the time of this violation, Deli Mart #2 was operating under a retail cigarette permit issued by the City o~ Iowa City; and ~~ WHEREAS, pursuant to Iowa`Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two-year period; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Deli Mart #2 and ~t said hearing the City Council heard the facts of the violation and the arguments of the permitee;,if any; and WHEREAS, this violation is the secondsuch violation of an employee of Deli Mart #2 within a two-year period to be considered by the City Coi~pcil under Iowa Code § 453A.22(2). NOW, THEREFORE, BE [T RESOLVED BY THE.CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day ref~il cigarette permit suspension, against Deli Mart #2, at its option. `~ BE IT FURTHER RESOLVED, that said retail cigarette pe itee has twenty (20) days from the date of this Resolution to choose its civil penalty by either pa ~ng the $1500.00 civil penalty in full to the City Clerk or by delivering to the City Clerk its retai igarette permit for service of a thirty day suspension. ~. ~.. BE IT FURTHER RESOLVED, that the City Clerk will forward a cppy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy o~,the same to the retail cigarette permit holder via regular mail sent to the permit holder's plac~ of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVF,D: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City 12 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 09-31 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY AND THIIZTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST HARTIG DRUG COMPANY D/B/A HARTIG DRUG STORE WHEREAS, on November 21, 2008, an employee of Hartig Drug Company d/b/a Hartig Drug Store, 701 Mormon Trek Blvd, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, Hartig Drug Store was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1), either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employees violate § 453A.2(1) within a two-year period, and both a $1500.00 civil penalty and a thirty (30) day permit suspension the third time its employees violate § 453A.2(1) within a three-year period, all after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Hartig Drug Store and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the third such violation of an employee of Hartig Drug Store within a three-year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes a $1500.00 civil penalty and thirty day retail cigarette permit suspension against Hartig Drug Store. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the $1500.00 civil penalty in full to the City Clerk and to deliver to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. AND APPROVED: February 10 , 2009 ATTEST: ~ `7~ City erk, City of Iowa City Resolution No. Page 2 09-31 It was moved by Correia adopted, and upon roll call there were: AYES: x x x ~- ~_ x x and seconded by Wilburn the Resolution be NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc COMPLAWT ~jiES ^ NON-RES ~ ~~~ ^ OC (~CgiR IOWA UNIFORM CITATION AND COMPLAINT ^ HIS ~ON-HIS /7' Y WA CITY LI EP MENT ARMED 'LI YES ~10 PLAINTIFF ~ v INC # ^ State of IOw~: ~, "~ N~ U (d '~ ICi 18 8 6 6 9 11 ^ Count~i OHNSO No.: ^ City af: IOWA CITY In the Court at 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE vs. ~O ~/ NAME: Defendan` a~E First ~ ' d Middle Address 9~s' ~~n~`~ ,~ /~" ~., ~~,~, ~~ City ~%~/~ State ~ Zip ~~ SS/DL#~ xx ?` ~~3 DL Class -~-~ DL End DL Rest. The undersigned states that on or about r ~ ~' '~ Mo. Day Yr. defendant did unlawfully: Operate Motor VehicleBoat (describe) CDL Req? Yes^ No^ Pass End. Req? Yes^ No^ Reg. # State Upon a public highway at Located in the county and state aforesaid and did then ~-I ^ Traffic ^ Navigation ^ Snowmobile/A HazMat End Req. Yes ^ No ^ Year the following offense: 11Parks ^Tobacco . \l~cheduled Vio/Fine j~ V $~ ~ f~0ad Co~tctid t~-L ne -Scheduled Von urchar a S g ~~ $~~-- ~ App ce Kequired (805.10) ~ ~ : Do Court Costs $~ .~,, ~ p•I~61000) Accident _ Accid~ amagwAssessment ' I Not Total Fine/Costs,,,,,,// ~~~'~j $ "'V4c~ ~ ~ Hd ~ Violatio;i Write Speed___r__- In DATA CODE Zone-Sec. # IA Co e Fed/Adm. Cod ~ocal Ord. In I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the ' preceding is true and correct. i Thi s Dated Mo. Day c ~ ~ "-- ID No. ficer's Signature Space Court Date: If you must appear in court or if you choose to appear to answer a c arge which does not re uire an appearance, report to ~~hOve named court on: /7 ~ ~ ~ ~Q~ at a 7~LM ^ PM ' Mo. Da Yr. NOTICE: Providing false information is a violation of Section 719.3 of the Code of I Iowa and is punishable as an aggravated misdemeanor. ' My signature below is not a plea of guilty, but acknowledges all of the following: ' 1. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. ~, 2. I promise to appear in said court at said time and place, or I will comply with the provision on the j top of the reverse side of the citation. The following applies to simple misdemeanors only: ~j ~ dollars and enter my written 3. I hereby give my unsecured appearance band in the amount of appearance. ]agree that if I fail to appear in person or by counsel to defend against the offense charged r___ ~ in this citation, the court is authorized to enter a conviction and render judgment against me for the CERTIFICATE amount of my appearance and ' satisfaction of the penalty and surcharge plus court costs. (.odema Berkley ,Clerk of the Oast ict ~rt of the State of Iowa, in and for Joln~cn ~ ; only, do hereby certify that this is a trtje n~i Signature of Defendant mplete copy of the Original Instrum~r~t(s) ad in this dice consisting of _.~1~-pa9P~ '- - --- -- -- - -- - IN TESTIMONY Wl-IERE~F, { have ~ Hereunto cat my hand and affixed the Seal f sai fount at my ,4f~,C,e ~n (,o~(a Ci Iowa this y of _~.LLd.~.~w~.~~-- _ State ~' Co. # ~- DL /State ID Vi ~ed? Yes No ^ •,x~.Ht.~-Wt. at 7 ~ ^ AM ~M of DjBtrjet Co _l ~'~P~~~r',~IT ~ Except' ?or e sir?thle rstistlc;t,tc~anor 1~•hen the pcrs<m cited }?as suhrrritted. b~'ttd. a perst}rs t~~lto ~x~iFlfullt~ fails to tl3paar in ct+i€€~t € sl~ectfied b~•~the citatiort. rua~ be s€Fh~et tt> arrest antfies? its:~s o[ ~IF'iv7ng prig€Ic,ge~ in ~i~~~c>r a nan-t'e5ide-tit's home state. It' the rev~:rse si~l~c of this citttdon does not sltcau~ "coLU-t tai~l3'ar~tttcc; re~7etired" yr>u st€ay~ ;€~rter a plea or ~ttiliy~ withot€t a ct?ct.t-t apl~~ try:€tcc pt•ic>r tt, tl~ty de:i~nated appe<t€anec ?3~a€c l>~- dc3i1•et'y in pert{>€~, or by a~ettt. car by mail. t~> tla~. ctutrt cpct,i'licd its the citati€sn, ,t cc?per oi' tl€~. citati~,~rs c.t:>'mhlet~ti heloti~~- a€atl .~ checE: in the tanxxutt of the sch~;dule~'. fines surchar~7~ ant( eot€~-t cot4 as shown can the <:itatu>n, { hceks .tih«uld bL ~r<t~~ahie tr? thL C;t t~~,T{iZ C)h' ~~'~t~ l-)IS"IRI{ "t { t)1_-l~"I' is?t i'hc ate€nC~° ttarrt~.d. if tltc, check t; €ti?t paid 13y' the; carawec- ibr artti~ rcasttn. yc»t tt,ay be hi:?d in cotttenF;t2 c>f:~coisrt. If)1ti'<! (`t)1)i-; SFC't'!O\ 9((.' ~I.I:('N~1ZGi:? - ~~'hen a cotFrt imposes st line or #~rft:itttr2 for a tiiolatitttt t?1' a slaie la~~~, c,',' bh a city or counil~ ~>rdin.utcc c~:celtt at~t aedinaz}cs; r~ti:~z?it~ ~~~ Chc parkitt~ «(' utoto€~ ~~ersuae;~, f>u€~stian€ to [owa C:otic ~ec•tit,n ~k~A?; t ~ t~ttrt cc tiJ assess a strrchar~e eclntl to .~ I?i;YLLitta~(. Cif Ti,ie; ~IS.i~.; (,.',"'.,rt?t (~C ~ 2111?OS~'tl. In tlt~ ti'.1"~:n C7i' fllliStl~li; t1a'I~,(15Cti, thL :;€.trc3t.v ~,c shah be~ f a,uz3 . ~ >;~ the total arraEsu~nt: oi~ t`znes ear ft~t-fcsttFtes is*t~~ose~l (1?€ all ~c,n;;~ 1l ltir~ ine or tiari~e;i(?u €r> stta~c~ttded in wlxate or ii1 ;? t.€'t, the, surd s tall etc ~ Lei itt ~?ruoorttt~t? tcs~ t}zc aznottttt ,a:;ltw,tieti. •ihL ~~;?tF'CI"a$3ce ~ ~`,)~, tt3 ~17xt5tlt5t£~! ` (il (.haO1'~€' C)~~? ~~T,ti3' erittttf:? lilt pat n?cs~t artci cul4~siuis'~i3't"sr~~~,~`;dz,~-t~~~ tdccE rte ScL~zus. ~'3CJ~).~. ~py~~[ Cam' p} ^pp}`I~ gy p/ gy y} t-^g 9R. 13 L.~r~.l i:~ ' J Y~9__I l.:..':~ i~ \.b 'F..'.i ~.1 H`~y I Iii! ~ nail to: ,lo'nnsi?r€ Cho. 14rk t> .;c:ntrt ill'' S. (`tintcsss St. tu<<~€'~ C'it= 1-~ X22=1(, 1. tltr; ti€t~ rni~--rleCi, (it,? I'iL"re~):v C?ttCr :'ri)= ~1~;1'f~attiTlC'd C~?I tl"St ;;t3s:1t}~l<tlttt X11: tl?e` c~'i'~E;:n~e ci~targeci ore the url,L~' =,itl ~ oi~ t}u citr;tion. 11~::?ee bee€s ut:fi:m~?tcd ~3f ~ lY1S' 1'€~l't~, 'it} Fl ?.€'t01. Chat n'IL i!s-'.Ilt(t.l~C';: (i' E113.5 }?iCc3 sat '-'~' t~:711 13E1L`L'~ t~'li` Sa€"'.'1:". '. tt3ic[; anci LI'tc~t i€.`.; a )tFCi~7?li'llt, {t( ,(tti11 a€:Ck iC?35 r.'~';~.t'CE. 4S/t}} ~'; i:;i11. U7 ICi`c: l,)C,p2iJ"tn,ent t~~~ ~Yii2`+~C;rCi~l,?r3 fn 2~J~ giEil'.C' i0t' i?1 i.l'C' ~«t~; t.);: IY~ t'~:SiLl~~,ti:;tii. ( {I (; I'tL'.'L'l?~' }~~-~,r~..~) (i~=r_7"~" t{. s'i~:' ()iii-i't4t~' ~x~ i:lt{F~,jt'£1. ar?{i €`r_reC'. ?t} i.i?t~ pe?} €14V~f~' €. ~.F~fi Ic>r rsr t;ll~ €ase. .r r. !t` fit: ~ ~_+rei t>le€? ~~~ _:r~ ~ ~1 qty x-elc ::_~ ~ ('s~a';t .1.`,iih. ~ ~ i ~,_ 1:431.) t7: -t ~7 t€SStU'Te aili~. tFttTi.3.'.1 tit?~¢J;' '€IZL'ta€i ~~', y.€~' (, - ~ ~, i ~;i,S Zt tl'?l~.b Va£oisilt<)lj t'[i'iC~ li? ait L€~.b~`(.:,:1~ €i~.'~t~li r?t~ ilt4 ()l,t~i:!'. W <~ I.3. ,1 rastl ,.E?. °v(.~i~ €1t.:Il_,~(l ta' 1 .. i;c`T €i?..~; s' ~ r r - - - ... t el ,tC?.q ~"~w F -_ t!11.F 3?3llt .a1G ~~.T.i9tttt}'i. "~:'. i~ i?t"l i" ;. .it ~'.. ~. ,. $i t rY ? .? ~LtrLs7.zt'9 . ,~ €Lh. Lt? ? ~ '~ `~_ r ~ ~ I: ~ i€rl,+., t :_ i !L ::~ _ <b la€'~ t _.. ,.~ l.t LLr1111£TC~ ..i t~ :,.'S9.itt9r ,:} ~ t~Si~( ~?~'~... ~i`b[c!~c; C: _('t,, ., `.ir?tl %Jr (,~.3 1` I l(t) '.lt) 1t7 ';.E:~r, tit°i'. F:?'7:1 ri-: .l. i%v?I s. b~. Ic,€'lc`ltwcl.'. S ....._. _ ___ __. _. .. „a~c, ~ ! Ih• il.inl .3 :'~,..... i L ~~~ I~ Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 09-32 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HY-VEE DRUGSTORE WHEREAS, on November 20, 2008, an employee of Hy-Vee Drugstore, 310 N. First Avenue, Iowa City, Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, Hy-Vee Drugstore was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, Hy-Vee Drugstore has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within atwo-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Hy-Vee Drugstore. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. EST: 7~ ~~> ~- ~ City C erk, City of Iowa City PASSED AND APPROVED: February 10, 2009 Resolution No. 09-32 Page 2 It was moved by Wilburn and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x x X _X.- x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc 13 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST HY-VEE DRUGSTORE.,, ~`~.. WHEREAS, on November 26, 2008, an employee of Hy-Vee Drugstore, 310 N. First Avenue, Iowa City, violated Iowa Code ~453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Hy-Vee Drugstore was operating under a retail cigarette permit issued by the City of Iowa Cit}~;~ and WHEREAS, pursuant to Iowa Code § 45~3A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and propei~,notice; and WHEREAS, a hearing was held on this date by*the City Council to determine whether to assess the civil penalty against Hy-Vee Drugstore and at said hearing the City Council heard the facts of the violation and the arguments of the perm~~tee, i°f any; and WHEREAS, this violation is the first such violatiori~pf an employee of Hy-Vee Drugstore within a two year period to be considered by tie City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CI~'Y OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and purst~nt to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amQtznt of $300.00 against I3y-Vee Drugstore. 'i BE IT FURTHER RESOLVED; that said retail cigarette pe~nittee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permittee shall automatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copyh of the same to the retail cigarette permit holder~'via regular mail sent to the permit holder's place of business as it appears on the application for'~a retail cigarette permit. PASSED AND A~PROVED: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City u~-~ u-ua +~ 14 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION N0. 09-33 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST LC. PIT STOP WHEREAS, on November 19, 2008, an employee of I.C. Pit Stop, 300 Kirkwood Avenue, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation LC. Pit Stop was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against I.C. Pit Stop and at said hearing the City Council heard the facts of the violation and the arguments of the permittee, if any; and WHEREAS, this violation is the first such violation of an employee of I.C. Pit Stop within a two year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against I.C. Pit Stop. BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permittee shall automatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 10, 2009 ATTEST /` City C er c, City of Iowa City Resolution No. 09-33 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- x x -~ x _~ x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc COMPLAINT ^ T-C/W Off{ CITATION AND COMP[.AINT ~ C& ^ ($ ^ OCI ` ~ ~ES ^ NON-RES ~ ^ HIS ~ NON-HIS ARMED ^ YES~`10 ~ - } y~) ~ CIT~yppOLICE~DlEfP{A~RTQMENT " PL ~~ Q a~~ `~ Ic 19 6 5 3 2 J~'State of Iowa /^ County ~ JOHNSON No.~ ^ Ci of: IOWA CITY 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE m the Court at vs. / / ~ ~ NAME: %r ~ r - - -~', _-_; trst _ Middle City , Stated Z~~u State~Co. #.~-- SS/DL# DL Class DL End DL Rest. DL /State ID Vi ed? Yes ^~ ~No`~b DOB ~'~ Ethn. /Niu Sex~Ht•~WtC..~G7-- / Race w/aivAiu/I I ~ ~ llS~ at ~ ^ AM ~M The undersigned states that on or about Mo. Day Yr. defendant did unlawfully: Operate Motor Vehicle/Boat (describe) CDL Req? Yes^ No^ Pass End. Req? Yes^ Reg. # fate _ Upon a public highway at C Located in the county and state aforesaid and did then a I~raffic ^ Navigation ^ Sno~w/m~obpile/A' /'$,4cheduled Vio/Fine $~~-- /Surcharge $--~--~-- End Req. Yes^ No^ Year ~~----~~{{~~---- J~ir~~u~d0~ ~t the folfo~ing offense: ~e .~ps~~~s ^Tobacco ~onstructi`cu Labe c~led 'ola on P.~rance Required (805.10) n: Do Court Costs $ ~~ I. ($1000) Accident Fataldent ^ Civil Damage Assessment Not Total Fine osts $ / Violatio ~ Z ~ IA Code Write Speed In Zone-Sec. # DATA CODE Fed/Adm. Code --- Local Ord. In I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. ~ .~~ ~ ~` This , /~ ~/ 4r~Q ~/ ~' j Date Officer's Signature ID No. Mo. Day ~'r. Space Court Date: If you must appear in court or if you choose to appear to answer a c arge whic,}t9doesof require an ap earance, report t bove named court on: ~ ^ PM 1 G~ ~ at Mo. Da c NOTICE: Providing false information is a violation of Section 719.3 of the Code of lows and is punishable as an aggravated misdemeanor. My signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. 2. I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of [he citation. ~ The following applies to simple misdemeanors only: ~8 dollars and enter my written 3. !hereby give my unsecured appearance b nd in the amount of appearance. I agree that if I it to appea in person or by counsel to defend against the offense charged in this citation, the couR is uthorize ter a conviction and render judgment against me for the amount of my appearanc d i t n of [he penalty and surge plus court costs. _ "T IMPORTANT CERTIFICATE f, Lodema Berkley ,Clerk of the District Court of the State of Iowa, in and for Johnson County, do hereby certify that this is a true and complete copy of the Original Instrument(s) filed in this office consisting of pages. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of i Court at my in wa Ci ~, Iflwa this y of ~' LODEMA B LEY Clerk. of t Court B E;ccept for a simple misdemeanor when the person cited has submitted bond, ` a person' who w~illfitlly fails to appear iu court as specified by the citation nta~;• be subjcs~i to arrest andrur loss of driving privileges hn fry. ~a non-resident's home state. i if the reverse side of this citation does not show "court appearance required' you may enter a plea of guilty without a court appearance prior to the d;~ignat,;d appearance date by delivery in person, or by went, or by m_ ail, to the court specified in the citation •t cony of the ciYrtian contuleted below. and a cluck in the amount of the scheduled fine. suruhar~e, and court costs DISTRICT Ct)UKT in the county named. If the check is not paid by the drat4°ee for any reason. you rrkty be hold iu contempt oI' court. IO~V:~ Ct:)DE SF;CTION 91 l.2 - SIJRCHARCiE - \.L`hcn a court imposes a fine or furteintre t~i+r a ~~i~tiun ut a state lan~, or i,f a city or i;ounty ordinance except an ordinance retl~atin parking of nu~tt>r vehicles, pursuant to luvva <:ode Suction 91,x, th'~~u-t will ayes, a surcharge cgnal ti) a percentage of the, nc oE"ttuii;it nposed, In the eve;nr of multiple ottc.mes, the surcharf;c s be,~scd ~ ~ the total amount of tines ur forfeitures irnhused for all nscs. ~~'he me ur torfeinu•e is suspended in whole ~lr nl p,u•t, the sure e s1Ql1 be rx~, eti in proportion to rho amount suspended. fhe surcharge "ubj~ to rEAezp.rc?~ isiuns of Chapter 909 governing Xhe p tyrnet> and cu5kctiou~tine~, rovidcd in Section 9(l9.li- _.• APP>~ R.I E PLE.=~ OF GLIILTI' lvlaii to: ,tuhnscm t-'o. t'lerk u~fiiCuurt; =11 ~ S. Clint~.>rl St. Ic+u<I City, lA ~22~11 I, the undersi~~ned, do hereby enter my a}?hearance; t)ri the cunlplaint of the ~ tleuse charged un the other side of this ciraiion. 1 haee been iutsunned of my righi to a trial; thru my ~ignaturc ri) tlli; plea of ~~uilt,~ will ha4e the sam:: tierce and effect a a judgment of cow: and t;lis record swill bi; sent to the: Deparull~nt of Tr ~portation in this Mate ~nr of [t:c ,rate ilt rn_y resideneej. I du hcr~} '- .:\I} v LILf1' ttl satti ui`tense a ch~tr~ed and agree to the pgualty p .GEnhc f lr nl~ oi`i'°rt5e V ~ n::r~~ u~t,: 1~ Z ~~_ l_ ~'D 1-- ~ --- - __ 1I; 't3 L' -+ I~'~il:t11_ II1.1~:I3 `l i) I'(3`"1' t3:aII. "1"t) t)1S-I-.<11 IZI::Ii.I.~S :;. IY yt ~-,ire io ~ntcr a ~~i~a alt guili~=, the :ltlicer !ray r~lcae you fran, CLISCOd"}' tlh(.H'E O7,Se11in~, Yr+U niali the Cititih!tl, t!11i.115~1C+t1 f}i gtillC, and iTllIlllllUta tlllc. tinlChaCHC. ~~'Itn COilifi GU-I_; t(` a 1Larht `•'1<~l ti(?nti UttICC ill an ent:clopc t"urnished by the officer. t3. It vnu choc.s.: t« p!e-,ld N(:)T GL:IL.TY, i.r,; ui~ti;;er nla~~ release you tuns cu~,tocl~ by ~rb~er~ ing you mail thz citation, cool o~-1e and one-half tinl~,> the ruihirnutr tine ~urclrtre~~ with arrrt cue, or :.+ lieu o', onr arni f,n 1 t't ~~nc~ the fine told ~:+:>t, a gtlurantcc~i arrc~t bond certificate tl~;'iltllCi' lkllh ti!L;Illn`r rllc tf1110\wln',' ti[atC71!i',ITi. "i %ir'?'i'e: that ~it.her {! I I tivil! a1}pear parut:n! to thi, citation or r~; if 1 du ~, nu ;o ailpea:~, tll:; anu+unt deposited ;gill be fc+rl~eited... --_ --- - ____ Ca3urt t.u~t~ :;r~ r~<luirz;d for ticltrc~ ,led ti~r,~i start , to `~c~ction tit)~2.51116 if an tept~taratrtE~ rs nt~i~ res€layirc~•ti sttzt ~iec#iorr }~f}~•(, tf a eorsrt appettrunc~ is rtx.it!~irt~d. ., 15 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 09-34 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST KUM & GO #51 WHEREAS, on November 21, 2008, an employee of Kum & Go #51, 323 E. Burlington Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Kum & Go #51 was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Kum & Go #51 and at said hearing the City Council heard the facts of the violation and the arguments of the permittee, if any; and WHEREAS, this violation is the first such violation of an employee of Kum & Go #51 within a two year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Kum & Go #51. BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permittee shall automatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 10, 2009 -1TTEST: ,.r~ City C erk, City of Iowa City Resolution No. 09-34 Page 2 It was moved by Wilburn and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Correia x Hayek x O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic. doc ~ ~5 ---- CERTIFICATE I, Lodema Berkley ,Clerk of the District Court of the State of Iowa, in and for Johnson County, do hereby certify that this is a true and complete copy of the Original Instrument(s) filed in this / office consisting of _L_. pages. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of ourt at my office in Iowa ity Iowa this y of LODEMA RKLEY Clerk of DiSirict Court ^T-CNV COMPLAINT ~ES ^ NON-RES ^ OC L~-C&R IOWA UNIFORM CITATION AND COMPLAINT ^ HIS ~C'DNO HIS / IOWA CITY ICED PA TMENT ARMED ^ YE~7d-IC0 PLAINTIFF: ,ry INCy# "' ((( ~tate of Iowa 5~~, o `V ~ F Q E~-, IC 18 8 6 6 8 County o£ JOHNSON No.: ^ city o£ Iowa cITY In the Court at 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE vs. NAME: ~LuiT7~S~-/ . ~7~ L _ _IC~D I~ex naant, Last 1 first Middle Addres ~ ~~ r ~U City State~~ ZipS2Z~ SS/DL#(~~Z ~C 6 L ~ State~Co. # 3~L DL Class ~,/_~ ?DL End DL Rest. ~ DL /State ID Vie e ~? Yesl~iVo^ DOB ~~~~ g ZRace~Ethn. Sex~Ht. ~ Wt. W/B/I/A/U / ~ .H~/N/U The undersigned states that on or about ~~,~ ~~ g at _a~ '~ ^ AM ~.4 defendant did unlawfully: Mo. Day Yr. Operate Motor Vehicle/Boat (describe) CDL Req? Yes ^ No ^ Pass End. Req? Yes ^ No ^ HazMat End Req. Yes ^ No ^ Reg. # State ear Upon a public highway a /~ ~ / Located in the county and state aforesaid and did then and there commit the following offense: ^ Traffic ^ Navigation ^ Snowmobile/ATV~,~^ FislGl3ame ^ Parks ^ Tobacco . /j ~heduled Vio/Fine $~~ ~ oad~struction Zone ~_ on-SA14eduled~`~olation Surcharge $ _ ourt ~earaiRequired (805.10) c,~ason. Do Court Costs $_ ~_ ~ .I: ~. (0) Accident Q q atal Ac~„~rlent Not Total Fin osts $ a !~ ~ ivil D~ge Assess ent Violatio ~ ~ d ~• ~ ~ J Write Speed In Zone-Sec. # IA odC DATA CODE Fed/Adm. Code Local Ord. In I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and corrJect. ~~ This G S_ /~- / ~J~/~µ ~~~~~~-= Dated ~ Geti[ (..~~D Mo. Day Yr. Officer's Signatu T- I o. Space Court Date: If you must appear in court or if you choose to appear to answer a charge which does not require an appearance, report tot ve named court on: ~ at ~~ ^ PM o. a Yr. NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. 2. I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citation. The following applies to simple misdemeanors only: ~„ 3. I hereby give my unsecured appearance bond in the amount of ~ dollars and enter my written appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalt surcharge plus court costs. Signature of Defendant IN THE IOWA DISTRICT COURT FOR Case Number: JOHNSON COUNTY ~~ p~7O ~ 7 File Stam THE STATE OF IOWA Document: ^ THE CITY OF: P.I.N. ORDER: JUDGMENT/SENTENCING ^ THE COUNTY OF: PLAINTIFF, VS. DEFENDANT (Misdemeanor/Ordinance) ~:2 ~ ~s'v, 7~e.lcl ~ P. L N. GUILTY PLEA [ ~t5e d dant appears: [ m person and/or by counsel ( ] in writing, waives his/her right to an attorney and/or trial and PLEADS GUILTY. The Court enters judgment accordingly and imposes sentence as set out below. TRIAL ORDER [ ] Trial is held as scheduled. Attorney ,appears for the Plaintiff. The defendant appears in person and/or by attorney The Court now enters Judgment as follows: [ ]The Court finds the defendant GUILTY and imposes sentence as set out below. [ ]The Court finds the defendant NOT GUILTY and orders this charge dismissed. The Court taxes costs to the plaintiff. ~ - _ N ,~ w x ~fi ~ o ~ C"7 ~'~ ~ c.o E~"' --, Z~~ ~ '~ '~ a ~- ._.. » SENT CING ORDER ( ~pefi entry of judgment of guilty, the court sentences the defendant to: -~ [ ] PAY A FINE of $~_ plus surcharge and court costs. The Court orders the fine paid by ~.-~- ~ , at 8:30 A.M. or additional penalties will result. / [ )CONFINEMENT in the County Jail for Hours/Days, and pay court costs within 60 days. The Court gives the defendant CREDIT for Hours/Days already served,if the defendant fails to appear at the time set, any police officer is authorized and directed, without further order of the court, to take the defendant into custody to begin serving the sentence imposed by this order. The Court further: [ ]DISCHARGES the defendant from custody. [ ]ORDERS the defendant to serve the balance of the sentence: [ ]Forthwith. [ ] By surrendering to the County Jail as follows [ ]SUSPENDS Hours/Days of the sentence and places the defendant on PROBATION on good behavior until During probation the defendant shall abide by these terms/conditions: ' [ ]Grants WORK RELEASE privileges. [ ]ENROLL in the BATTERER'S EDUCATION PROGRAM within 10 days and successfully complete the program. [ ]PAY VICTIM RESTITUTION: [ ] as later determined. [ ] in the amount of $ within 60 days. The defendant is to pay the restitution to the Clerk of Court. The restitution is for ourt notifies the defendant of RIGHT OF APPEAL within 10 days. ppeal Bond is $~_. [ ]The defendant gives ORAL NOTICE OF APPEAL. [ ] Tree Court exonerates the defendant's bond conditions. [ ]The Court directs the clerk to apply the defendant's bond towarc remaining balance of the bond. ( ] WarranUSummons RECALLED. [ ]Clerk to notify. [ ) Co o jail. [ opy given to defendanUdefense counsel. any fine, surcharge, victim restitution, and court costs. The Court exonerates any CLERK;8'NOTATIONS [ ]CASH/CASHIER'S CHECK/MONEY ORDER ONLY. RESTITUTION ~~ FINE _ ~?a SURCHARGE- - FOR THIS ORDER ONLY: - ~ TO AL DUESTS - OTHER AMOUNTS MAY ALSO BE DUE BY THE TERMS OF OTHER ORDERS. MAIL PAYMENT TO: JOHNSON COUNTY CLERK OF CO~RT~~ ad MAGISTRATE DIVISION </ P.O. BOX 2510 WHRE (Court); CANARY (Prosecutor) IOWA CITY, IA 52244 MATT PMROTT b SONS CO., WATERLOO, IOWA ()~4~t ' '~, ~6 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 09-~~ RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LOYAL ORDER OF MOOSE LODGE 1096 WHEREAS, on November 20, 2008, an employee of Loyal Order of Moose Lodge, P.O. Box 26, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, Moose Lodge was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, Moose Lodge has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within atwo-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Moose Lodge. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. EST: City perk, City of Iowa City PASSED AND APPROVED: February 10 , 2009 Resolution No. 09-35 Page 2 It was moved by Wilburn and seconded by Wright 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 wpdata/glossary/resolution-ic.doc is Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.61.00 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CNIL PENALTY AGAINST LOYAL ORDER OF MOOSE LODGE 1096 WHEREAS, on November 20, 2008, an employee of Loyal Order of Moose odge, P.O. Box 26, Iowa City, violated~~Iowa Code § 453A.2(1) by selling or providing tobac to a minor; and WHEREAS, at the tirrie of this violation Moose Lodge was operatir~under a retail cigarette permit issued by the CitX of Iowa City; and WHEREAS, pursuant to Io~a Code § 453A.22(2), an estab~fshment which holds a retail cigarette permit shall be subjected to a`civil penalty of $300.00 asztresult of its employee violating Iowa ,, Code § 453A.2(1), after a heani~ and proper notice; ai~[d WHEREAS, a hearing was held ori't~is date by the City Council to determine whether to assess the civil penalty against Moose Lodg~,_ and at said hearing the City Council heard the facts of the violation and the arguments of the perr~,ittee,,i~f any; and WHEREAS, this violation is the first such`~,wiolation of an employee of Moose Lodge within a two year period to be considered by the City'Co~incil under Iowa Code § 453A.22(2). '~ NOW, THEREFORE, BE IT RESOLVED BI~THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice.~nd hearing, d pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.0 against Moose Lodge. BE IT FURTHER RESOLVED, that said retail cig rette permittee has twenty (20) days from the date of this Resolution to pay the civil penalty in ful and if the civil penalty is not timely paid the retail cigarette permit held by the permittee shall tomatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil pen ty. BE IT FURTHER RESOLVED, that the City Clerk will f ward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide copy of the same to the retail cigarette permit holder via regular mail sent to the permit hol is place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City ~~ Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 09-36 RESOLUTION ACCEPTING PAYMENT OF $300.00 CNIL PENALTY AND WAVER OF RIGHT TO HEARING FROM THE DEN WHEREAS, on November 19, 2008, an employee of The Den, 123 E. Washington Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, The Den was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, The Den has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within atwo-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of The Den. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 10, 2009 City Clerk, City of Iowa City Resolution No. 09-36 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion X Correia x Hayek X O'Donnell g Wilburn x Wright wpdata/giossary/resolution-ic.doc 17 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST THE DEN WHEREAS, on November 19, 2008, an employee of The Den, 123 E. Washington eet, Iowa City, violated Iowa Code § 453A.2(I) by selling or providing tobacco to a mino ~ and WHEREA~..at the time of this violation The Den was operating under a re tl cigarette permit issued by the ~Cfty of Iowa City; and WHEREAS, pursuant~o Iowa Code § 453A.22(2), an establishme which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a resul fits employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held o~n this date by the City ouncil to determine whether to assess the civil penalty against The Den aid at said hearing t City Council heard the facts of the violation and the arguments of the permittee, if any• nd WHEREAS, this violation is the first such viol ion of an employee of The Den within a two year period to be considered by the City Council der Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED ~Y THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing,, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against The Den. BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the date of this Resolution to pay the civil penalty in ful,~, and if the civil penalty is not timely paid the retail cigarette permit held by the permittee shallautomatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil peri~ty. `\ BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a~copy of the same to the retail cigarette permit holder via regular mail sent to the permit hold 's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City ~~ i ~ Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 09-37 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WAL-MART (STORE NO. 1721) WHEREAS, on November 21, 2008, an employee of Wal-Mart Store No. 1721, 1001 Highway 1 West, Iowa City, Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and WHEREAS, at the time of the violation, Wal-Mart was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, Wal-Mart has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within atwo-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Wal-Mart. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. EST: ~~(~r ~ 7C ~ i~~ City erk, City of Iowa City PASSED AND APPROVED: February 10, 2009 Resolution No. Page 2 09-37 It was moved by Wright and seconded by adopted, and upon roll call there were: AYES: X x x x X _~_ x NAYS: Wilburn the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc UZ-1 U-U9 18 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST WAL-MART STORE N0. 1721 WHEREAS, on November 21, 2008, an employee of Wal-Mart Store No. 1721, 1001 Highway 1 West, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Wa1-Mart was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Wal-Mart and at said hearing the City Council heard the facts of the violation and the arguments of the permittee, if any; and WHEREAS, this violation ~is the first`suc~i violation of an employee of Wal-Mart within a two year period to be considered by the Cify~~Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice anti hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Wal-Mart . BE IT FURTHER RESOLVED, ghat said retail cigarette permittee has twenty (20) days from the date of this Resolution to pay thy civil penalty in fVll, and if the civil penalty is not timely paid the retail cigarette permit held ley the permittee shag automatically be suspended for a period of fourteen (14) days, in addition,~to the $300.00 civil palty. BE IT FURTHER RESOLVED, that the City Clerk wil forward a copy of this Resolution to the Johnson County Attorney'spffice, which will then prove e a copy of the same to the retail cigarette permit holder via regular mail sent to the permit lder's place of business as it appears on the application for a re~~il cigarette permit. `~ '`~ PASSED AND APPROVED: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City M1,4, Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO 09-38 RESOLUTION APPROVING THE POLICE CHIEF'S GUIDELINES FOR REVIEW OF APPLICATIONS FOR INITIAL AND RENEWAL LIQUOR LICENSES, BEER PERMITS AND WINE PERMITS AND THE POLICE AND FIRE ON-PREMISES RENEWAL FORMS AND RESCINDING RESOLUTION N0.06-216. 20 WHEREAS, Resolution No 06-216, passed on June 27, 2006, approved the Police Chiefs guidelines for review of liquor license applications; and WHEREAS, said guidelines have been revised to incorporate use of a standard form for on- premises renewals and a new standard for an establishment's PAULA rate per visit; and WHEREAS, the Council has reviewed and approved use of forms for the Police and Fire reviews of applications for renewal of on-premises licenses; and WHEREAS, it is in the public interest to approve the attached revised guidelines for review of liquor license applications and forms for on-premises renewals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No 06-216 is hereby rescinded. 2. The attached guidelines for review of applications for initial and renewal liquor licenses, beer permits and wine permits are hereby approved. 3. The attached forms for use by the police and fire departments in connection with the review of applications for renewal of on-premises licenses and permits are approved in substance and may be revised by staff in form or to include additional information as necessary. Passed and approved this loth day of February , 20 09 ATTEST: ~ ~~~,,r~ ~. `~J~ aJ CI--T1~'Lt:ERK A A oved by 2 City Attorney's ffice Annen\ord&res\res approving guidelines.doc Resolution No Page 2 09-38 It was moved by Wilburn and seconded by ChamQion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x x x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution~c.doc GUIDELINES FOR POLICE CHIEF'S REVIEW OF APPLICATIONS FOR INITIAL AND RENEWAL LIQUOR LICENSES PROCEDURE Prior to presentation of an application for a liquor license, beer permit or wine permit, or renewal of any of those to the City Council the Chief of Police or his desig-nee will make an investigation to determine if the applicant is of "good moral character" as that term is defined in the State Code and rules of the Iowa Alcoholic Beverages Division. With respect to renewal applications any investigation will include any relevant information about prior operations under the license or permit. Following such investigation the Chief or his designee will either approve or disapprove the application. Any disapproval will be in writing and will set forth the reasons for the disapproval. The investigation and, if applicable, the memo setting forth the reasons for disapproval, will be completed within 5 days of the Chief's receipt of the application. The attached "On-Premises Liquor License Renewal" form shall be completed for each on-premises renewal and shall be provided to the City Council as the memo setting forth the reasons for disapproval when the Police Chief recommends denial. In addition to a review of the application the Police Chief or his designee will perform a records check on the establishment's history and will review the DCl (Division of Criminal Investigation) criminal history reports provided by the applicant on each person with an ownership or management interest in the establishment. II. FACTORS TO CONSIDER. In determining whether an applicant is of good moral character the factors to be considered by the Chief of Police or designee will include, but are not limited to, the following: A. On-premises Activity Sales of alcoholic beverages to persons under the legal age by the licensee or permittee or its employees or agents. Multiple occurrences will be considered as grounds for non-renewal. • Sales of alcoholic beverages to intoxicated persons by the licensee or permitee, or its employees or agents. Multiple occurrences will be considered as grounds for non-renewal. Citations issued on the premises for PAULA (Possession of Alcohol Under Legal Age) which indicate that the licensee or permittee knows that such activity is taking place on the premises and does not have measures in place to adequately control access of persons under legal age to alcohol. The Police Chief or Designee shall review the establishment's rate of PAULAs per visit. For renewals after July 1, 2009, the Police Chief will recommend denial for any establishment with a rate of 1.00 or more PAULAs per visit assuming at least 18 visits in the 12 month renewal period. A rate of less than 1.00 or a rate based on less than 18 visits may be grounds for disapproval of the application Citations issued on the premises for violation of Section 4-5-9 of the City Code prohibiting persons under 19 from being on the premises. Citations issued for violation of Section 4-5-7 of the City Code prohibiting certain specials • Any other citations issued on-premises B. Level of cooperation extended to police by bar employees, including but not limited to: • Response to requests for improvement made by the Police Department • Calls for assistance where appropriate before the situation gets "out of hand" • Attendance at TIPS training • Fake IDs turned over to the Police Department • Number of nuisance calls in and around the business during twelve-month renewal period C. Misrepresentation or withholding of any material fact in the license application including, but not limited to the failure to identify management/supervisory staff and provide their DCI criminal histories. D. Prior felony convictions of alt persons with an ownership or management interest in the applicant will be reviewed. Per state code, a person with an ownership interest in the applicant, as defined by state code, may not have been convicted of a felony and the same rule should apply to those with a management interest. However, if the felony conviction occurred more than 5 years before the date of the application and the person's rights of citizenship have been restored by the governor, the Police Chief or designee may, after considering the nature of the crime and the person's history after the conviction, make a determination that the person is of good moral character notwithstanding the conviction. E. Prior misdemeanor convictions of all persons with an ownership interest or a management interest in the applicant will be reviewed, particularly those relating to use of alcohol or illegal substances, including operating a motor vehicle while under the influence of alcohol or drugs. The mere presence of a conviction would not exclude a person from a license or renewal; however, if there was evidence that alcohol was a factor in this. conviction it would be grounds for denial. The length of time since the conviction will be considered. Misdemeanor convictions older than five years will not be considered. F. Conditions imposed by a Court on a person with an ownership or management interest in the applicant relating to use of alcoholic beverages and/or presence in establishments that serve alcoholic beverages. G. Reports of law enforcement officers or other third parties of incidents within or adjacent to the establishment, such as fighting, altercations and disorderly conduct, which suggest that the applicant does not have measures in place to adequately control the premises. H. Over-occupancy Violation of any law or regulation which jeopardizes the health, safety or welfare of patrons of the establishment. J. Corrective action taken by the licensee /permittee in response to warnings by the Police Department. Throughout the license year when violations come to light or the police department makes sales to minor cases, PAULA arrests or any liquor law citation warning letters will be sent to the licensee or permittee. Copies of these letters will be retained by the police department and will be considered in determining whether to approve or disapprove the application. K. In the event a person with an ownership interest or management interest in the applicant has previously had an ownership or management interest in another establishment, relevant operation at that establishment, including the above factors, may be considered. Iowa City Police Department On-Premises Liquor License Renewal Establishment name: Address: Review Period: A. On-premises Activity Number of PAULA citations issued during twelve-month renewal period Note: For renewals after July 1, 2009, if the PAULA rate is greater than 1.00 per visit with at least 18 visits during the twelve-month renewal period, the police department will recommend denial. A lower rate or a rate based on less than 18 visits combined with other factors may result in a recommendation of denial. Number of citations issued for violation of section 4-5-7 of the City Code (Specials Restrictions) during twelve-month renewal period. Number of under-19 on premises citations issued during twelve-month renewal period. Number of sales to minor citations issued during twelve-month renewal period. Number of other citations issued on premises during twelve-month renewal period. (Specify citations) B. Level of cooperation extended to police by bar employees: ^ High ^ Medium ^ Low Factors indicative of cooperation include, but are not limited to: • timely response to requests for improvement made by Police Department • calls for assistance where appropriate before the situation gets "out of hand" • high attendance at TIPS training • fake IDs turned over to the Police Department Number of nuisance calls in and around the business during twelve-month renewal period Number of fake or altered IDs turned in during twelve-month renewal period. Number of employees who have attended police TIPS training during twelve- month renewal period. C. Additional Comments (including any other relevant information re: guidelines for renewal approved by City Council): Police Department's liquor license renewal recommendation: ^ YES / ^ NO Annen/civilpenaltieslFORM- ICPD liquor license renewal criteria GUIDELINES FOR POLICE CHIEF'S REVIEW OF APPLICATIONS FOR INITIAL AND RENEWAL LIQUOR LICENSES PROCEDURE Prior to presentation of an appli ation for a liquor license, beer permit or ine permit, or renewal of any of those to the City Coun 'I the Chief of Police or his designee w' I make an investigation to determine if the applicant is o "good moral character" as that ter is defined in the State Code and rules of the Iowa Alcohols Beverages Division. With resp t to renewal applications any investigation will include any rel ant information about prior o erations under the license or permit. Following such investiga n the Chief or his desi ee will either approve or disapprove the application. Any disappr val will be in writing and will set forth the reasons for the disapproval. The investigation and, i applicable, the mem setting forth the reasons for disapproval, will be completed within 5 da s of the Chief's r ceipt of the application. The attached "On-Premises Liquor License Rene I" form shall be ompleted for each on-premises renewal and shall be provided to the City Co cil as them o setting forth the reasons for disapproval when the Police Chief recommends nial. In addition to a review of the application the Police hief o his designee will perform a records check on the establishment's history and will review t e D I (Division of Criminal Investigation) criminal history reports provided by the applicant each person with an ownership or management interest in the establishment. II. FACTORS TO CONSIDER. In determining whether an applicant is of good mor I charact the factors to be considered by the Chief of Police or designee will include, but are of limited to, the following: A. On-premises Activity • Sales of alcoholic beverages o persons under the le I age by the licensee or permittee or its employees agents. Multiple occurr ces will be considered as grounds for non-renewa . • Sales of alcoholic bever es to intoxicated persons by the li nsee or permitee, or its employees or gents. Multiple occurrences will considered as grounds for non-rene al. '~. • Citations issued the premises for PAULA (Possession of Alcohol Under Legal Age) whi indicate that the licensee or permittee knows'~hat such activity is taki place on the premises and does not have measures in place to adequately control access of persons under legal age to alcohol. The Police Chief or Designee shall review the establishment's rate of PAULAs per visit. The Police Chief will recommend denial for any establishment with a rate of 1.00 or more PAULAs per visit assuming at least 18 visits in the 12 month renewal period. A rate of less than 1.00 may be grounds for disapproval of the application Citations issued on the premises for violation of Section 4-5-9 of the City Code prohibiting persons under 19 from being on the premises. • Citations issued for violation of Section 4-5-7 of the City Code prohibiting certain specials • Any other citations issued on-premises B. Level of cooperation extended to police by bar employees, inchding but not limited to: ~ • Resp se to requests for improvement made by the Pol • Calls fo assistance where appropriate before the situa • Attendan at TIPS training • Fake IDs t ed over to the Police Department • Number of isance calls in and around the b fine; renewal period Department gets "out of hand" during twelve-month C. Misrepresentation o withholding of any materi fact in the license application including, but not lima d to the failure to iden y management/supervisory staff and provide their DCI c ~ final histories. D. Prior felony convictions of II persons with ownership or management interest in the applicant will be revi ed. Per st to code, a person with an ownership interest in the applicant, as d fined by s to code, may not have been convicted of a felony and the same rules ould a ly to those with a management interest. However, if the felony conviction ccu ed more than 5 years before the date of the application and the person's r h of citizenship have been restored by the governor, the Police Chief or desig ee may, after considering the nature of the crime and the person's history afte t conviction, make a determination that the person is of good moral character of hstanding the conviction. E. Prior misdemeanor conviction of all pe ons with an ownership interest or a management interest in the plicant will b reviewed, particularly those relating to use of alcohol or illegals stances, inclu ~ng operating a motor vehicle while under the influence of alc hol or drugs. T mere presence of a conviction would not exclude a per on from a license o renewal; however, if there was evidence that alcohol s a factor in this con ' tion it would be grounds for denial. The length of ti a since the conviction will a considered. Misdemeanor convictions older than five years will not be consider F. Conditions impose by a Court on a person with an o ership or management interest in the app cant relating to use of alcoholic bever es and/or presence in establishments t at serve alcoholic beverages. G. Reports of I enforcement officers or other third parties of in dents within or adjacent to the establishment, such as fighting, altercations nd disorderly conduct, which suggest that the applicant does not have measures in place to adequately control the premises. H. Over-occupancy Violation of any law or regulation which jeopardizes the health, safety or welfare of patrons of the establishment. Corrective action taken by the licensee /permittee in response to warnings by the Police Department. Throughout the license year when violations come to light or the police department makes sales to minor cases, PAULA arrests or any liquor law citation warning letters will be sent to the licensee or permittee. Copies of these letters will be retained by the police departmen~r'and will be considered in determining whether to approve or disapprove the ap cation. K. In the event a erson with an ownership interest management interest in the applicant has pr viously had an ownership or m nagement interest in another establishment, re vant operation at that esta ishment, including the above factors, may be con 'dered. Iowa City Police Department On-Premises Liquor License Renewal Establishment name: Address: Review Period: A. On-premises Activity Number of PAULA citatid~is issued during twelve-month renewal Note: For renewals after J ly 1, 2009, if the PAULA rate is gr ter than 1.00 per visit with at least 18 visits uring the twelve-month renew period, the police department will recommend enial. A lower rate comb' ed with other factors may result in a recommendatio of denial. Number of citations issued for vio (Specials Restrictions) during twe Number ofunder-19 on premises period. Number of sales to minor citations iss of section 4- of the City Code nth renew period. issy~d during twelve-month renewal ring twelve-month renewal period. Number of other citations issued on emi es during twelve-month renewal period. (Specify citations) B. Level of cooperation exte ded to police by bar mployees: ^ High ^ Medium ^ Low Factors indicative of cooperation include, but are of limited to: • timely response to requests for improvement ade by Police Department • calls for assistance where appropriate before t e situation gets "out of hand" • high attendance at TIPS training • fake IDs turned over to the Police Department Number of nuisance calls in and around the business during twelve-month renewal period Number of fake or altered IDs turned in during twelve-month renewal period. Number of employees who have attended police TIPS training during twelve- month renewal period. C. Additional Comments (including any other relevant information re: guidelines for renewal approved by City Council): Police Annen/ci Iowa City Fire Department On-Premises Liquor License Renewal Establishment name: Address: Review Period: A. Unresolved fire code violations B. Fire code citations (including over-occl~ancy),during twelve-month renewal period \ C. Allowed occupancy: D. Actual average occupancy, Thursday aturday: ^ High ^ Mediu ^ Low High: At or near occupancy each fight Medium: At capacity some nigh and fewer patrons o other nights Low: Rarely at capacity E. Level of cooperation exten ^ High ^ High: Low: F. Additional Comments: i to fire official by bar empl Medium ^ Fire Department's liquor license renewal recommendation: ^ YES / ^ NO Annen/civilpenalties/FORM- ICFD liquor license renewal criteria ~~ v~-~~ u-uy 23 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 09-39 RESOLUTION ESTABLISHING FEES FOR BUILDING PERMITS AND OTHER SERVICES AND ACTIVITIES OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION NOS. 02-316, 01-40, 03-183, AND 06-376. WHEREAS, Resolution Nos. 01-40, 02-316, 03-183, and 06-376 establish the current fees for building permits, plan reviews, licensing, and related Housing and Inspection Services (HIS) matters; WHEREAS, because the City now provides inspections of the installation of mechanical work, the fees for mechanical permits for residential structures should be increased to the same rate as the fees for plumbing and electrical fees for residential structures; WHEREAS, the fee for minor modifications should be increased to reflect the increased staff time required for consideration of requests for minor modifications under the new zoning code; WHEREAS, the administrative fee for weed mowing and snow removal should be increased to reflect the actual administrative costs for staff to inspect complaints for failing to mow weeds and remove snow; WHEREAS, the fees for building permits, plan reviews, licensing, and related HIS matters should be placed in one schedule; and WHEREAS, the City Council finds that the "Permit, Plan Review, Inspection and Licensing Fees for Iowa City Building Inspection Division," which is attached and incorporated herein, is based on the actual administrative costs incurred and should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The attached "Permit, Plan Review, Inspection and Licensing Fees for Iowa City Building Inspection Division" is adopted. Resolution Nos. 01-40, 02-316, 03-183, and 06-376 are rescinded. This resolution is effective July 1, 2009. Passed and approved this 10th day of ,~ F~ ebrua ATTEST: 1 ~ CITY LERK 2009. Approved by ~ a - ~-~`~ City Attorney's Office Resolution No Page 2 09-39 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: ~.- x NAYS: ABSENT: x x x x Bailey Champion x Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc PERMIT, PLAN REVIEW, INSPECTION AND LICENSING FEES FOR IOWA CITY BUILDING INSPECTION DIVISION (Res. No. 09- effective July 1, 2009) BUILDING PERMIT FEES Total Valuation Fee $1.00 to $1,000 $35.00 $1,001 to $2,000 $42.00 for the first $1,000 plus $3.60 for each additional $100.00 or fraction thereof, to and including $2,000. $2,001 to $25,000 $72.00 for the first $2,000 plus $10.80 for each additional $1,000 or fraction thereof, to and including $25,000. $25,001 to $100,000 $324.00 for the first $25,000 plus $6 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001 to $500,000 $792.00 for the first $100,000 plus $4.80 for each additional $1,000 or fraction thereof, to and including $500,000. $500,001 and up $2,796.00 for the first $500,000 plus $3.60 for each additional $1,000 or fraction thereof. PLAN REVIEW FEES 1. Dwellings permitted under the International Residential Code (IRC): The plan review fee shall be designated as one-half of the building permit fee. 2. All other projects requiring plan review. The plan review fee. shall be a separate additional fee equal to 65% of the building permit fee. 3. Additional plan review required by changes, additions or revisions to approved plans: (minimum charge -one hour) .................................................................. $50.00 per hour DEMOLITION PERMIT FEES 1. For a permit issued prior to the commencement of any demolition work ............... $50.00 2. For a permit issued subsequent to the commencement of any demolition work on an officially designated Historic Building or any building within a historic preservation or conservation district .......................... $1,000.00 3. For a permit issued subsequent to the commencement of any demolition work on any other building ........................................................:......................... $200.00 2 GRADING PERMIT FEES 1. Minimum fee for the issuance of any Permit .......................................................... $35.00 2. For review of grading plans .................................................................................... $50.00 (minimum charge -one hour) per hour MAJOR SITE PLAN REVIEW FEE .................................................................. $250.00 CERTIFICATE OF OCCUPANCY (C.O.) 1. For the issuance of a C.O. in conjunction with a building permit ...................... No charge 2. For the issuance of a C.O. in conjunction with a change in use ..:.......................... $35.00 3. For the issuance of a temporary C.O ..................................................................... $50.00 MECHANICAL PERMIT FEE Minimum fee for any permit ............................................................................................... $35.00 Residential Fee Schedule 1. New residential permitted under the IRC (each dwelling unit) .............................. $100.00 2. Residential remodel permitted under the IRC (per dwelling unit) ........................... $50.00 Non-Residential Fee Schedule • Value of work from $1 - $1,000 .................................................................................... $35.00 • Each additional $1,000 or fraction thereof ................................................................... $15.00 ELECTRICAL PERMIT FEES Minimum fee for any permit ....................................................:.......................................... $35.00 Residential Fee Schedule 1. New residential permitted under the IRC (each dwelling unit) .............................. $100.00 2. Residential remodel permitted under the IRC (per dwelling unit) A. New service and associated wiring .................................................................... $50.00 B. Rewiring or additional wiring with no service change ......................................... $50.00 3. Swimming pool ...................................................................................................... $50.00 Non-Residential Fee Schedule Value of work from $1 - $1,000 .................................................................................... $35.00 • Each additional $1,000 or fraction thereof ................................................................... $15.00 3 PLUMBING PERMIT FEES Minimum fee for any permit ............................................................................................... $35.00 Residential Fee Schedule 1. New residential permitted under the IRC (each dwelling unit) .............................. $100.00 2. Residential remodel permitted under the IRC (per dwelling unit) ........................... $50.00 3. Building sewer and/or water service ........................................................................ $50.00 Non-Residential Installations: • value of plumbing work $1 - $1,000 ..................................:.......................................... $35.00 • each additional $1,000 or fraction thereof .................................................................... $15.00 SIGN PERMIT FEES 1. Minimum fee for any permit ................................................................................... $50.00 2. For each square foot of sign face ............................................................................ $1.00 3. Maximum fee for a special event sign .................................................................... $50.00 LICENSING AND RENEWAL FEES Annual Application Renewal Reinstatement License Fee Fee Fee Master Electrician or Plumber $25.00 $50.00 $65.00 Journeyman Electrician or Plumber $25.00 $50.00 $65.00 Maintenance Electrician $25.00 $50.00 $65.00 Sewer & Water Installer $25.00 $50.00 $65.00 Inactive Electrician or Plumber 0.00 $15.00 $25.00 Fire Alarm Installer $25.00 $50.00 $65.00 Fire Sprinkler Installer $25.00 $50.00 $65.00. Fire Sprinkler Contractor $25.00 $50.00 $65.00 Sign Erector $50.00 $50.00 $65.00 Gas Pipe Installer $25.00 $50.00 $50.00 HVAC Master $25.00 $50.00 $65.00 HVAC Residential $25.00 $50.00 $65.00 Commercial Kitchen Hood $25.00 $50.00 $65.00 Ducted Air Heating/Cooling Installer $25.00 $50.00 $65.00 Examination fees shall be paid to the testing agency in accordance with their fee schedules. 4 BUILDING MOVING LICENSE & PERMIT FEES Movers License for one (1) week ................ $35.00 one (1) month .............. $50.00 six (6) months ............ $100.00 one (1) year .....................$130 Moving Permit for any building ........................ $85.00 TEMPORARY USE PERMIT FEES 1. Initial Temporary Use Permit .................................. $75.00 2.Subsequent Temporary Use Permits ....................... $25.00 (permits issued to the same applicant for the same use at the same location within one year of the expiration of the original permit.) OTHER FEES 1. Re-inspection fee ................................................ $50.00 2. Inspection outside of normal business hours.......... $50.00 (Minimum Charge-2 hours) 3. Permits or inspections for which no fee is specified $35.00 4. Administrative Fee for weed mowing or snow removal $75.00 5. Foundation Permits ................................................ $75.00 (Allowed only for structures built under the IRC. This fee is separate from and in addition to all other permit fees associated with the project. This permit is to be issued within 24 hours of receiving the application.) 6. Condominium conversion ....................................... $200.00 7. Minor Modification ................................................ $100.00 8. Board of Appeals ................................................ $100.00 9. AbandonedNacant Building Registration: ................................................ $50.00 Annual Inspection ............................................:. $80.00 City of Iowa City departments are exempt from all permit fees. All other governmental agencies are exempt from the permit fees required herein; provided, however, the agencies shall pay plan review fees, inspection fees, and any other actual costs incurred by the City of Iowa City M~ 24 Prepared by Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, Iowa 318/356-5030 RESOLUTION NO. 09-40 RESOLUTION ESTABLISHING FEES FOR INSPECTION SERVICES FOR THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION NUMBER 05-280. WHEREAS, the City of Iowa City Housing Code provides for inspection and permitting of all multiple dwellings, fraternity/sorority houses, rooming houses, duplexes, and single-family rental dwellings; WHEREAS, payment of fees for the inspections is necessary to offset the administrative costs of such activities; WHEREAS, Resolution No. 05-280 is the current fee schedule; and WHEREAS, the inspection fees should be increased to reflect the present administrative costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The fees for rental permits and reinspections as part of the Iowa City Housing Code are as follows: $ 150.00 per structure $ 17.00 per dwelling unit $ 7.00 per bedroom $ 60.00 reinspection fee $ 50.00 "No Show for Inspection" fee $ 100.00 Fraternity/Sorority fire-safety inspection fee 2. Resolution No. 05-280 is rescinded. 3. This resolution is effective July 1, 2009. Pass~yl and approv\ thi~ loth day of February , 2009. ~~ r ,YOR Approved by: ATTEST: ~,.~ ~ - .Qa C CLERK City Attorney's Office Resolution No Page 2 09-40 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: .ABSENT: _y_ Bailey x Champion x Correia x Hayek _~ O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic.doc 25 Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION N0. 09-41 RESOLUTION SUPPORTING AND APPROVING THE REVITALIZE IOWA'S SOUND ECONOMY (RISE) GRANT APPLICATION FOR THE RECONSTRUCTION OF 420T" STREET EAST OF HIGHWAY 6 WHEREAS, the City of Iowa City ("City") has annexed and purchased 179 acres of property adjacent to 420th Street in east Iowa City for the creation of an industrial park; and WHEREAS, 420th Street is an older rural designed road unsuitable for significant commercial and industrial traffic; and WHEREAS, the industrial park being created by the City is ideally situated with access to U.S. Highway 6 and the Iowa Interstate Railroad -however, 420th Street needs to be reconstructed to serve as an adequate industrial park access road; and WHEREAS, reconstructing 420th Street to an urban standard will allow for the development of an industrial park subdivision to the north and south of 420th Street; and WHEREAS, the City of Iowa City's Capital Improvements Program has been significantly impacted due to damage and needs caused by the 2008 flood event; and WHEREAS, reconstructing 420"' Street to facilitate industrial park development is consistent with Iowa City's plan to grow the tax base and is consistent with the intent of the RISE program to fund projects which grow the Iowa tax base and facilitate job creation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The estimated cost of the reconstruction of 420th Street is $3,857,000 and the City of Iowa City is applying the RISE program for $1,928,500 (50%). 2. The City of Iowa City supports and approves the application to the Revitalize Iowa's Sound Economy program for funds to facilitate the reconstruction of 420th Street. Passed and approved this loth day of february , 20 09 ATTEST: 2 ' CIT LERK wpdatarccogadm/resIRISE420th.doc f~.r ~~V ~~~ivrl~' ~~~,fae'~, City Attorney's Office ~ / ~. c.P ~G `? Resolution No. Page 2 09-41 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey x Champion x Correia x Hayek ~_ O'Donnell g Wilburn x Wright wpdatalglossary/resolution-ic.doc M t8 26 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 09-42 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 FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 420T" STREET CORRIDOR IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to improve 420th Street and increase available industrial development in Iowa City; and WHEREAS, the improvement of 420th Street will provide access to and the industrial park development will provide for a variety of industrial uses; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the 420th Street Corridor Improvements Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Foth Infrastructure and Environmental, L.L.C., to provide said services;- and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Foth Infrastructure and Environmental, L.L.C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 10th day of ATTEST: CITY ERIC Pweng/res1420"' corridor.dco City A torney's Office ~/ ~ ~/~ 9 Resolution No. 09-42 Page 2 It was moved by Wilburn and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Correia x Hayek ~ O'Donnell g Wilburn x Wright wpdata/glossary/resolution-ic.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 10th day of February , 2009 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Foth Infrastructure and Environment, LLC. , of Cedar Rapids ,hereinafter referred to as the Consultant. WHEREAS, the City desires to secure the services of the Consultant to provide engineering planning and design services related to the 420`h Street Corridor Improvements. WHEREAS, the preliminary and final design services to be provided, shall include site planning, streets/roadway design, infrastructure design (storm sewer, sanitary sewer, subdrain, and water main), storm water modeling/management & analysis, general site earthwork, public utility coordination, and general plan and specification preparation. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the engineering services for the City, and to do so in a timely and satisfactory manner. Services provided under this agreement shall be as further described in Attachment A, attached and incorporated herein. The City agrees to provide the information stated in Attachment D, attached and incorporated herein. II. TIME OF COMPLETION The Consultant shall complete all phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before February 10th, 2009. The schedule of the work to be performed shall conforrn to the Schedule set forth in Attachment B, attached and incorporated herein. Any deviations from the Schedule shall be approved by the authorized City representative. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 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 "Not-to-exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. -2- C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to 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 Consultant agrees to fumish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete -the Project . in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it 'is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, -3- 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 In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following NOT-TO-EXCEED FEE (Unit Cost/Time Charges), including any authorized reimbursable expenses, pursu~nf to the Schedule of Fees set forth in - - - Attachment C, attached and incorporated herein. TOTAL NOT-TO-EXCEED FEE $ 619,500 Consultant shall bill City monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of City's receipt of invoice. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: Re D. Bailey Title: M o r Dater c,~A~ a~0 aoo `I / ~ Marian K. Karr, City Clerk FOR THE CONSULTANT Foth Infrastructure an E ~ onment, LLC By: Title: Senior Protect Manager Date: ~ ~ i 5 200 c( Approved by: ~ ~~~~ Cit~~torney's Office ..-- ~ ~ ~ ~. e Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa ATTACHMENT "A" -SCOPE OF SERVICES 420th Street Corridor Improvements Iowa City, Iowa The work to be performed by the Consultant under this agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to complete the proposed 420th Street Corridor Improvement planning and design as required for the project. The proposed project involves engineering planning and design services related to the following: Phase A: 420th Street Industrial Park - Concept plan development for the Ultimate 420th Street Industrial Park (approx. 350 acres) - Preliminary and final design services for Site 1 of the 420th Street Industrial Park (approximately 173 acres -see Exhibit A for location map). Phase B: 420th Street Improvements - Preliminary and final design services for the reconstruction of 420th Street from US Highway 6 to Taft Avenue (Approx. 5,000 LF). - Preliminary and final design services for the extension of an existing trunk sanitary sewer main from the west side of Sioux Avenue to the future 420th Street Industrial Park (approx. 7700 LF). The concept, preliminary and final design services to be provided for project, as outlined above, shall include site planning, streets/roadway design, infrastructure design (storm sewer, sanitary sewer, subdrain, and water main), storm water modeling/management & analysis, general site earthwork, public utility coordination, and general plan and specifications preparation. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following phases/tasks: Phase A: 420th Street Industrial Park TASK A -Contract Management 1.0 Project Administration 1.1 Project Management The project manager will be responsible for the development and tracking of the project plan for the project development. This includes task identification, staff scheduling and coordination, project communications, monthly progress reporting and invoicing and other important elements of the project. The project duration to completion of final construction plans suitable for bidding is assumed to be seven (7) months. 1.2 Project Development Team Meetings. Maintain communications with the Project Development Team and various other designated representatives. The project development team will include the City of Iowa City Engineering Department, Iowa City Department of Planning and Community Development, Johnson County Council of Governments (JCCOG) and Foth Infrastructure and Environment, LLC. Meet to review progress and to discuss specific elements of the project (assume (8) meetings in Iowa City). The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the Consultant. X:\CR\IE\2008\00081016.00\PROJ Wdministrative\Contract\sos-011409-ICRdwyDsgn.doc Foth Infrastructure and Environment, LLC. 420'" Street Corridor Improvements Project No. 00081016.00 Iowa City, Iowa The following project meetings are included with the scope of work: Conceptual Design Phase -three (3) meetings Preliminary Design Phase -three (3) meetings Final Design Phase -one (1) meeting Note: there is one (1) additional meeting included for miscellaneous purposes. 1.41ndividual Property Owner Meetings The CONSULTANT will conduct meetings with individual property owners to address issues of specific concern to adjacent properties. These meetings will be held in concert with the Project Development Team meetings. This will include specific discussions about access issues, changes in circulation, potential right-of-way needs, land use, buffering and other issues related to this project. During the scheduled individual property owner meeting times, the Consultant's project manager will meet with the affected property owner to discuss the specifics of the project as it relates to their property, obtain information regarding any issues the property owner feels is important, and get input regarding their expectations. For budget purposes, it is assumed that the Consultant will conduct two (2) meetings per property owner (estimated 3 properties) and will be attended by one (1) staff member of the Consultant. 1.5 Utility Coordination Meetings The Consultant will conduct meetings with individual utility companies to address any anticipated conflicts and to coordinate service to the proposed development site. It is anticipated that there will be two (2) meetings with representatives of the various utility companies. The first will be to notify them of the project and to provide them with a brief synopsis of the anticipated utility needs, and the second will be preliminary/final design review and coordination meetings. 1.6 Railroad (Iowa Interstate Railroad) Coordination Meetings The Consultant will conduct meetings with the Iowa Interstate Railroad to coordinate an additional "at- ~~ grade street/roadway intersection, underground utility crossings, and railroad spur access. For budgeting purposes, it is assumed that the Consultant will conduct three (3) meetings that will be attended by two (2) staff members of the Consultant. 1.7 Attend the Public Hearing The Consultant shall attend the Public Hearing during the contract period. The Public Hearing will be in conjunction with a City of Iowa City Council meeting to approve the recommended concept plan. This meeting will be coordinated by the City of Iowa City. The project manager for the Consultant shall be in attendance to answer design related questions during this meeting. The City will maintain a permanent written record of all public comments received and a written and oral response for the permanent public hearing record for all comments. 1.8 Periodic Meetings with Local Elected Officials Informational update presentations will be provided to the Iowa City Council on one (1) occasion during the design development process. The presentations will provide an introduction/overview of the project and project goals and objectives. And will also provide an update on design development concepts and schedule. The presentations will be held in conjunction with the Iowa City Council Work Sessions. 1.9 Exhibit Preparation for Council Work Session Exhibits for the Iowa City Council Work Session will consist of aerial mosaics for the project with the major project features indicated on the aerial photograph. Include coloring, lettering, and other techniques to delineate the proposed site design concepts and infrastructure, including details as required for schematic design. The figure will indicate detention basin sites and details, major X:\CR\IE\2008\00081016.00\PROJ Wdministrative\Contract\sos-011409-ICRdwyDsgn.doc 2 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa drainage was, potential borrow sites, possible wetland mitigation sites, projected lot lines, adjacent property owners, access control lines (as applicable), railroad spur lines, and street layouts. 1.10 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 1.11 Sub-consultant Management Prepare subcontracts and work orders for Sub-consultants. Monitor Sub-consultant activities. Review invoices and submit to the CITY for payment. Coordinate Sub-consultant activities with Terracon (geotechnical), Earthview Environmental (wetland delineation and mitigation) and Tallgrass Historians (archeological site assessment). TASK B - Survey and Mapping 1.0 Preliminary Design Surveys The Consultant shall perform field and office tasks required to collect supplemental topographic information deemed necessary to complete the project for Site 1. The CITY shall provide aerial photographic and other available mapping of the Ultimate Project area. The specific supplemental survey tasks to be performed include the following: 1.1 Control Surveys The Consultant will establish horizontal and vertical control for the project. area. Each permanent control point or benchmark shall have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. The horizontal control will be based on the US state plane Iowa south zone US survey foot NAD 83 (1996 Harn) and the vertical control based on NAVD 88. 1.2 Topographic Survey The Consultant shall perform topographic surveys required for the development of the project (Site 1) and to supplement the existing topographic mapping provided by the City. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the existing base mapping. The topographic survey will be limited to Site 1 of the proposed Industrial Park development. The Consultant shall utilize the City provided mapping for all conceptual planning and design outside of Site 1. 1.3 Utility Surveys The Consultant shall perform utility surveys for development of the project. Contact utility owners of record or the "one call" representative, request that buried utilities be marked in the field and obtain existing utility map. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. This task consists of a field survey indicating the location of utilities within the project (Site 1). The Consultant shall field locate utility locations established by others; excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical, sanitary sewer and storm sewer (including power poles, pedestals, valves and manholes). This includes establishing manhole and invert elevations for existing sanitary, storm sewers and culverts. 1.4 Boundary Surveys The CONSULTANT shall perform boundary surveys for the three (3) tracts of land that make up Site 1 (refer to Exhibit A). The boundary surveys shall be in-depth legal surveys for which subsequent final acquisition plats may be developed. X:\CR\IE\2006\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 3 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420th Street Corridor Improvements Iowa City, Iowa This task includes a thorough search of CITY, County and State records to review all surveys of record pertaining to Site 1, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines for Site 1. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions or any other lines, indicating possession. 1.5 Title Search Review Upon the completion of the boundary survey's, the Consultant shall review the title searches for the three (3) tracts of land that make up Site 1 for encumbrances that will impact the final subdivision platting for Site 1. The title policy shall be provided by the City. 1.6 Subdivision Final Plat The Consultant shall prepare a subdivision plat and legal description for Site 1. The plat and legal description shall comply with the Iowa City Code Title 15 (Land Subdivisions) for final plats and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. Upon filing with the City Clerk, the CONSUTLANT shall set lot pins (5/8" iron rods w/ plastic LS cap) at all lot corner /right-of-way locations as noted on the final plats. 1.7 Wetland Delineation Survey This task consists of collecting data points for the boundary wetland delineation flags as located within Site 1. The survey will be incorporated into the project base mapping that will show the project site with the location of wetlands and data collection points. 1.8 Soil-Boring Location Survey Perform soil-boring location surveys to establish location and elevation of proposed geotechnical investigations consisting of 10 soil borings. The Sub-Consultant shall field locate boring locations. TASK C -Geotechnical Investigation 1.0 Geotechnical 1.1 Geotechnical Exploration Analyses (Sub-Consultant) The Sub-Consultant, Terracon shall complete geotechnical exploration for Site 1. These services will be in general accordance with the Iowa DOT's specification for subsurface investigations and design. This task includes completing approximately 10 borings averaging between 10 to 25ft deep, laboratory testing, engineering analysis and a written report. Engineering analysis for street/roadways will include subgrade preparation, settlement analysis, slope stability, culvert foundation design, subsurface drainage, site grading, excavation stability and backfill, and pavement thickness design TASK D -Environmental Services 1.0 Wetland Delineation (Sub-Consultant) The Sub-Consultant, Earthview Environmental shall serve as the Consultant's and the City's professional representative for wetland delineation. The wetland assessment for Site 1 will use mandatory technical criteria, field indicators, and other sources of information to determine whether the area has jurisdictional wetlands. If wetlands are present, the upper boundaries within the project area will be identified. The methods Earthview Environmental will use in the delineation generally follow the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Jurisdictional wetlands generally have three essential characteristics: hydrophytic vegetation; hydric soils; and X:\CR\IE\2008\00081016.00\PROJ~Administrative\Contract\sos-011409-ICRdwyDsgn.doc 4 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa wetland hydrology. All three of the technical criteria must be met for an area to be identified as a wetland. The services to be provided will involve the following task items: 1.1 Data Collection The Sub-Consultant shall collect and review documents including soil maps, aerial photos, and the National Wetland Inventory map to make a preliminary determination of the location and size of wetlands on the proposed project site. These documents will be examined for the presence of hydric soils, wetland vegetation, and wetland hydrology, which are ihdicators of wetlands under the 1987 Corps of Engineers Wetlands Delineation Manual 1.2 Field Investigation The Sub-Consultant shall conduct field investigations to identify and locate (delineate) wetlands. Collect soil cores and check soil for coloring or other indicators of the presence of hydric soil. Examine the subject area for evidence of hydric vegetation and wetland hydrology. The field visit will also consist of classification by Genus species of the potential hydrophytic vegetation. Each stratum (i.e., trees, shrubs, and herbs) will be assessed in each potential wetland community. The classification will be performed by a degreed biologist or environmental scientist. Install delineation flags to mark the boundary of the wetlands, if any. 1.3 Prepare Report The Sub-Consultant will provide a report that discusses the findings regarding the presence of wetlands, including documentation of fieldwork, conclusions regarding the approximate size and location of wetlands, if any, and recommendations, as necessary, for further action. 1.4 Provide Written Responses The Sub-Consultant will prepare a written response for up to two sets of comments received during the Public Notice and Comment period. This task also includes limited follow-up conversations with the regulatory agencies involved to obtain information on the status of their review progress. 2.0 Threatened and Endangered Species Survey (Sub-Consultant) Threatened and Endangered species review for Site 1, as performed by Earthview Environmental, will include requesting baseline data from the U.S. Fish and Wildlife Service (USFWS) technical assistance program and requesting a Natural Resource Environmental Review from the Iowa Department of Natural Resources (IDNR) to determine if threatened or endangered (T&E) plants or animals are known to exist in the project area. If required, a physical survey within the limits of the project area will be conducted to evaluate suitable habitat for the T&E species, as determined by the USFWS-and the IDNR. The location of suitable T&E habitat will be field verified and documented through photographs and recording on United States Geological Survey (USGS) quadrangle maps. A T&E habitat determination report will be prepared for each subject species. This task assumes the limited potential that species or associated habitat are present within the project area and does not include detailed species surveys or mitigation consultation with USFWS or IDNR. 3.0 Phase 1 Environmental Site Assessment A Phase I Environmental Site Assessment (ESA) will be conducted for Site 1 in conformance with the scope and limitations of ASTM E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The purpose of the ASTM practice is to conduct all appropriate inquiry into the previous ownership and uses of the property to permit a user to satisfy one of the requirements in qualifying for the innocent landowner, contiguous property owner, or bona fide prospective purchaser liability limitations under the Comprehensive Environmental Response Compensation Liability Act (CERCLA). The Phase I ESA process will include performing the following tasks as a part of the environmental due diligence process: • Site and Area Reconnaissance • Review of historical, governmental, or other relevant record source X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 5 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 • Interviews with past and present owners of the property • Report Preparation 420'" Street Corridor Improvements Iowa City, Iowa 4.0 Phase 1 Archeological Site Assessment (Sub-Consultant) The Phase I archaeological investigation for Site 1 will be conducted by the Sub-Consultant, Tallgrass Historians in accordance with the guidelines for Phase I survey as approved in 1999 by the State Historical Society of Iowa/SHPO. The field investigation will focus on a defined Area of Potential Effect. The field methodology will include systematic pedestrian surface survey of all areas having adequate surface visibility (greater than 25%) and a potential for surface to near surface archaeological deposits and systematic subsurface testing at intervals no greater than 15 m in all areas having inadequate surface visibility (less than 25%) and/or potential for archaeological deposits in a buried context. Any archaeological sites encountered will be evaluated according to the significance criteria and integrity considerations of the National Register of Historic Places. The results of the Phase I investigation will be summarized in a report that adheres to the state guidelines in format and content. TASK E -Concept Plan Design Development 1.0 Concept Design This task consists of the preparation of functional design alternatives for the development of the proposed Industrial Park (ultimate project site -approximately 350 acres). The primary focus will be on developing a site plan that not only lends itself to phase construction but also maybe tailored to achieve the needs of prospective buyers. The functional design concepts will be used as a reference in preparing preliminary and final construction plans for Site 1. The Project Development Team will review the design concepts and suggested modifications will be addressed in the final concepts submittal. A brief memorandum with supporting marked-up plan sets will serve to document completion of this task. 1.1 Develop Design Criteria and Research The Consultant will prepare project planning and design criteria to be used in developing the concept alternatives. Criteria will conform to City of Iowa City Code and Policies, including the Iowa DOT Design Standards, AASHTO Policy on Geometric Design and MUTCD. The criteria to be addressed include: • General Site Planning (Building set backs, access spacing, parking, buffers etc). • Street/Roadway Network - Geometrics - Posted & design speeds - Right-of-way widths - Typical roadway sections - Min. /max. horizontal & vertical curve values - Allowable taper ratios - Design vehicles for intersection design - Minimum pavement thicknesses • Provisions for pedestrians and/or bicycles, on streets or open space corridors. • Storm water detention and water quality requirements.. • Storm Sewer design parameters including but not limited to min. pipe sizes, min./max. velocities, max. intake spacing, max. gutter spread and min. design storm. • Minimum pavement thicknesses • Utility corridor locations. • Review Leadership in Energy and Environmental Design (LEED) requirements, as may be applied. • Railroad Geometrics • Water main systems X:\CR\IE\2008\00081016.00\PROJWdministrative\Contractlsos-011409-ICRdwyDsgn.doc 6 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`h Street Corridor Improvements Iowa City, Iowa 1.2 Development of Concept Alternatives Upon the completion of the design criteria, the Consultant shall prepare a maximum of three (3) concept alternatives for the development of the ultimate project. For each of the alternatives, the Consultant will evaluate and incorporate the following design elements: • Roadway Network Design (development of a conceptual street layout considering adjacent roadway capacity constraints, circulation, access management and phased construction). • Earthwork Design (volume balances, construction phasing, and preliminary quantities) • Public Utilities (water main, sanitary sewer, and storm sewer). • Private Utilities (gas, electric, phone, cable, etc.). • Railroad spur access. Preparation of full size (plan view only) drawings (22"x34") for each concept illustrating the design elements as outlined above is included in this task. Prior to proceeding to subsequent tasks, the City Council, Engineering Department, Department of Planning and Community Development and JCCOG shall make a selection of the Preferred Concept Alternative. The preferred concept alternative will be utilized in development of construction plans and specifications for Site 1 and all other future phases. TASK F -Preliminary Plat Development (Site 1) 1.0 Preliminary Plat Utilizing the approved concept plan for the Industrial Park (ultimate project site -approximately 350 acres), the Consultant will prepare a preliminary plat for Site 1. The plat shall comply with the Iowa City Code Title 15 (Land Subdivisions) for preliminary plats and shall be submitted to the Project Development Team for review and comment. The resubmission of the preliminary plat with all review comments addressed will serve to document completion of this task. 1.1 Preliminary Street Network Geometric Design This task consists of developing preliminary street network geometrics that incorporates both the approved concept plan and the project design criteria as established in the previous task. The preliminary street network plan and profiles alignments, as prepared within this task, will lay the ground work for the subsequent grading and utility (storm sewer and water main) design phases. 1.2 Preliminary Grading Plan The Consultant shall prepare a preliminary grading plan for Site 1. The grading plan will incorporate street network geometrics, detention basins (as sized in subsequent tasks), and all other required features including but not limited to berms, ditches and swales. 1.3 Preliminary Hydrologic/Hydraulic Design Utilizing the proposed land use plan for the Industrial Park and the applicable storm sewer, storm water detention and water quality design requirements, the Consultant shall develop a preliminary storm water runoff model. This model will be utilized in identifying required "green space" areas within Site 1 as necessary for storm water detention. This task also consists of developing a brief "Drainage Report" summarizing the following: • Site Characteristics (both pre and post development) • Pre-developed runoff analysis • Post-developed runoff analysis • Storm Water Conveyance Design (storm sewer, culverts, ditches etc.) • Storm Water Management Design (detention basin location, performance, outlets etc.) X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 7 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa 1.4 Preliminary Storm Sewer Design This task includes developing a preliminary storm sewer system layout plan for the preferred concept plan that is in accordance with the City of Iowa City storm sewer design standards for public improvements and Chapter 4A -Urban Drainage in the Iowa Department of Transportation Design Manual. Storm sewer and intakes shall be sized as to convey a minimum of a 5-yr storm. 1.5 Preliminary Water main Design This task consists of designing water mains for Site 1 of the Industrial Park. Determining size, locations of hydrants, valves and other key connections is included in this task. The Consultant shall coordinate the water main design with the City of Iowa City Water Division. 1.6 Investigation of Project Clearances and Permits This task includes a cursory review and identification of potential project clearances and permits. The review shall not include any in-depth field investigations, completion of permit applications and work effort to design, mitigate or resolve potential issues. The intention of this task is to identify potential items that may need further investigation, and would be considered additional services. 1.7 Preliminary Opinion of Probable Construction Cost Prepare preliminary opinion of probable construction costs for Site 1. Preliminary cost estimates shall be based on representative major project elements and recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. TASK G -Site Design (Site 1) 1.0 Preliminary Plans Utilizing the preliminary plat, the Consultant shall provide preliminary plans for Site 1 of the Industrial Park. Upon completion, the design plans will be approximately 60 percent complete. The submittal of preliminary plans shall be completed on or before the date established in the schedule illustrated in Attachment B. 1.1 Plan Preparation -Title Sheet and Typical Sections (A and B Sheets) Prepare title and typical section sheets for streets within Site 1. This task shall also include miscellaneous details such as special paving details, grading details and other required details. 1.2 Plan Preparation -Estimate of Quantities (C Sheets) This task consists of a preliminary determination of the bid items to be included in the project, along with appropriate schedules tables and summaries. 1.3 Plan Preparation -Street Plan and Profiles (D and E Sheets) Prepare preliminary plan and profile drawings at a scale of 1 °=30' horizontal and 1 =5 vertical. These drawings will show base mapping and proposed street alignments. Street details shall include slope intercepts, side road intersections, ditch locations (if applicable), cross drainage, erosion containment, existing and proposed drainage structures (including flow line, drainage area, and topography), existing and proposed right-of-way, easements, and entrance profiles. Intersecting angles and station equation between main streets and side streets reference line will also be shown. Profiles will show proposed elevations, grades, vertical curve length and "K" value, elevations for PVC, PVI, and PVT, ditch profiles and ditch elevations (if applicable). These drawings will also show existing contours and proposed grading information along the corridor. 1.4 Plan Preparation -Railroad Spur Plan and Profile (F Sheets) Prepare preliminary plan and profile drawings at a scale of 1 "=30' horizontal and 1 "=5' vertical. These drawings will show base mapping and proposed geometrics for the railroad spur construction. The spur alignment shall be in accordance with the approved concept plan. X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 8 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa 1.5 Plan Preparation -Pavement Markings and Traffic Signing (K Sheets) This task consists of the development of pavement marking and traffic signing plans to be placed into service following construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.6 Plan Preparation -Intersections and Mainline Geometries (L Sheets) Prepare a 1 "=20' scale preliminary plan for each intersection and mainline in areas where the special transition is required to maintain positive drainage. Basic horizontal information shall be presented showing design vehicle turning radii, turning movements, design vehicle turning path. 1.7 Plan Preparation -Storm Sewer, Water main and Subdrain (M Sheets) Hydrologic and hydraulic investigations will be completed in accordance with Chapter 2 of Iowa Statewide Urban Design Standards for Public Improvements (SODAS) for proposed storm sewer. This task consists of developing a "Storm Water Management Plan" for the areas surrounding the proposed improvements. This plan will inventory the existing hydrologic and hydraulic conditions and analyze the impacts the proposed improvements will have on the area wide drainage patterns. Once the impacts have been quantified alternatives will be developed to support the proposed improvements. Preliminary design and layout of the storm sewer, culverts, subdrain and water main will be included on these sheets. 1.8 Plan Preparation -Intersection Lighting Plans (P Sheets) This task includes the developing a preliminary lighting plan for Site 1. It is assumed that the proposed plan will be limited to the placement of lighting fixtures at all street intersections. Also included in this task is the selection of lighting poles and fixture types, preparation of a preliminary layout, and preliminary electrical design. The consultant will work closely with the CITY and the other design professionals to ensure that the proposed lighting system is compatible with the overall project design, and that it will meet the needs of the CITY. 1.9 Plan Preparation -Landscaping Plans (R Sheets) This task consists of the development of a preliminary streetscape plan for Site 1 that is in accordance with the approved concept plan. For budgetary purposes, it is assumed that the streetscape plan will be limited to the primary entrance and will generally include a sign and or gateway monument, ornamental trees and decorative planting areas. Plan will also include planting schedules and summaries as well as typical details that show depth, materials and method of installation. 1.10 Plan Preparation -Grading Plans (S Sheets) Task consists of developing a site grading plan that will illustrate the existing & proposed contours, and all other information necessary to perform the proposed grading for Site 1. Plan shall generally include spot elevations required for general site grading, detention basins, surface conveyances, topsoil removal, berming and all other details necessary for an industrial site that is developed for multiple users. 1.11 Plan Preparation -Special Construction Details (U Sheets) This task consists of the design and drafting associated with the preliminary assembly of modified standards and special details. 1.12 Plan Preparation -Cross Sections (W, X, Y, and Z sheets) Generate preliminary cross sections at 1"=10' horizontal and 1"=5' vertical scale at key locations for all proposed streets and railroad spurs within Site 1. Cross sections will generally be developed at culvert locations, terrain breaks, and at 50' intervals. Include finished grade line elevation and calculated earthwork volumes, indicating estimated earthwork volume for each proposed construction stage. X:\CR\IE\2008\00081016.00\PROJV\dministrative\Contract\sos-011409-ICRdwyDsgn.doc 9 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa 1.13 Preliminary Opinion of Probable Construction Cost Prepare a preliminary opinion of probable construction cost for the project. Preliminary cost estimates shall be based on representative major project elements and based on recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. 1.14 Preliminary Plan Review by Design Team The consultant shall submit preliminary plans and budget to the City for review and comment. A Field Review will be held by the Project Development Team to discuss key issues and design concepts, including drainage, access control, staged construction and right-of-way. The review will determine the completion of the plan design and to identify any needed adjustments. Revisions will be noted for preparation of check plans. 2.0 Check Plans Utilizing the preliminary geometrics, the Consultant shall provide check plans. Upon completion, the design plans will be approximately 90 percent complete. The submittal of check plans shall be completed on or before the schedule as outlined in Attachment B. 2.1 Incorporate Comments from Preliminary Plan Review The Consultant will respond to comments resulting from the Preliminary Plan Review and Field Exam. Recommended modifications will be incorporated into the plan set. 2.2 Check Plan Preparation The Consultant will prepare check plans, which will generally include the following tasks for this project: Title Sheets (A Sheets) -This item consists of finalizing the title sheet. The title sheets wil- include the following: Index of Sheets, Index of Standard Road Plans, Mileage Summary, Legend, Location Map, Project Number, Letting Date and Design Designation. apical Sections (B Sheets) -This item consists of final design and drafting of typical cross-sections and standard details to be utilized for the improvements. Estimate of Quantities (C Sheets) -This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. Street Plan and Profiles (D and ESheets) -This item consists of the final design and drafting of street plan and profile sheets, including the detail information required for plan approvals, and construction of the proposed roadway improvements including grading limits and necessary storm sewer improvements. Railroad Spur Plan and Profile (F Sheets) -This item consists of the final design and drafting of railroad spur plan and profile sheets, including the detail information required for plan approvals, and the construction of the proposed improvements. The consultant will work closely with the City and the Iowa Interstate Railroad to ensure that the proposed spur is compatible with the existing facilities, and that it will meet the needs of the City. Reference Ties and Bench Marks (G Sheets) -This item consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the project. This also includes preserving any Government Corners, which are found in the vicinity of the proposed construction. Pavement Markings (K Sheets) -This item consists of final design and drafting of the permanent pavement marking plans. X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420'" Street Corridor Improvements Iowa City, Iowa Geometric Staking Details (L Sheets) -This item consists of the final design and drafting of jointing details, spot elevations, and geometric layouts for all non-typical pavement areas. And also includes analyzing the effects proposed improvements will have on drainage, grades and on-site traffic circulation patterns. Storm Sewer Water main Profiles and Details (M Sheets) -This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches (if applicable), subdrain, water main and other related utility features on the project. Intersection lighting Plans (P Sheets) -Show final locations for all light poles and other required equipment on project plan drawings. Task includes final design and drafting of all details including but not limited to light poles, foot & riser details and pull boxes. Final bills of material and schedule of work units will be prepared and incorporated in the project plans. Landscaping Plans (R Sheets) -This task consists of final design, plan preparation and drafting of streetscape features. Also includes detailed quantity takeoffs, preparation of project specifications, and final cost estimate. Included will be the following surface plan items: • Finalize the location, dimensions, elevations of all landscape features such as entrance sign / monument, tree planting areas, planting areas and all other features. • Provide typical cross-sections through various areas showing the depth, materials, and method of installation to be used. • Prepare special details to illustrate the desired intent wherever plans and typical details do not adequately convey the design intent of a particular element. . Grading Plans (S Sheets) -This task consist of final design and drafting of the proposed grading plan for Site 1. Also includes the development of a station, offset, and elevation grid system that will be utilized in the construction of the project. Erosion Control Plans (O Sheets) -This item consists of design and drafting of the proposed erosion control measures required for the project. Erosion control measures shall include but not limited to items such as silt fencing, wood excelsior mat, filter socks, rock outlet protection, storm sewer inlet protection and sediment traps. Tabulations of Earthwork Quantities (T Sheets) -This item consists of final design and tabulation of the earthwork quantities for the site, detention facilities, railroad spur and all streets located within Site 1. Special Construction Details (U Sheets) -This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, special storm sewer or manhole details not included in the standard drawings, special paving details, and other required details. Design Cross-Sections (W, X, Y, Z Sheets) -This item consists of the final design and drafting of individual cross-sections for the Project. Cross-sections will be designed and drawn at 50-foot maximum intervals, with additional cross-sections included as necessary. Cross-sections will show the existing ground elevations as well as the final project grading, including foreslope and backslope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. 2.3 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed for the final cost estimate. X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 11 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420th Street Corridor Improvements Iowa City, Iowa 3.0 Final Plans Utilizing the check plans, the Consultant shall provide final plans. The submittal of final plans shall be completed on or before the schedule as outlined in Attachment B. 3.1 incorporate Comments from Check Plan Review The Consultant will respond to comments resulting from the Check Plan Review. Recommended modifications will be incorporated into the final plan set. 3.2 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed and for this estimate. 3.3 Project Permitting The CONSULTANT will assist the City in preparing applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities, as necessary. The CONSULTANT shall prepare the following documents for the project: • NPDES Storm Water Discharge Permit • Pollution Prevention Plan • Applicable IDNR Public Water Supply Construction Permits Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the City. The Consultant shall provide technical criteria, written descriptions and design data for the City's use in filing the applications for permits. The Consultant shall prepare the permit applications and other documentation. 3.4 Preparation of Project Manual This task consists of preparation of a Project Manual utilizing the standard City front-end documents, including conditions of the contract and detailed construction specifications. The Iowa Statewide Urban Design and Specifications shall be utilized on this project. TASK H -Bid Period Services The City will coordinate and manage the project letting process. The work tasks to be performed or coordinated by the City include the following: printing of plans and specifications, distribution of bid documents, notice of project publication and distribution of addenda. The work tasks to be performed or coordinated by the Consultant during the Bid Period Services shall include the following: 1.0 Printing of Plans and Specifications - (City Task) 2.0 Notice of Project The Consultant shall prepare the formal Notice of Hearing and Letting. The City shall handle publication of the Notice of Hearing and Letting. The City shall also prepare and disseminate an informal notice to contractors concerning the upcoming Project. 3.0 Plan Clarification and Addenda The bid lettings shall be administered by the City. The Consultant shall assist the City during the bid periods in answering questions regarding the design intent. The CONSULTANT shall prepare addenda as appropriate to interpret, clarify or expand the bidding documents. Plan clarification information and addenda will be distributed to the project plan holders by the City. X:\CR\IE\2006\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 12 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420'" Street Corridor Improvements Iowa City, Iowa 4.0 Letting, Bid Tabs, and Award Recommendation The Consultant shall be a representative present when the bids and proposals are opened, shall make tabulations of bid for the Owner, shall advise the Owner on the responsiveness of the bidders and assist the Owner in making the award of contract, including preparation of necessary contract documents. TASK I -Construction Period Services The work tasks to be performed or coordinated by the Consultant during the Construction Period Services shall include the following: 1.0 Pre-Construction Meeting The Consultant shall attend a preconstruction meeting for the project with contractors, suppliers, utility companies and City staff. It is anticipated that the City will perform construction administration and observation services. 2.0 Shop Drawing Review - (Task not Required) TASK J - Project Deliverables The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City Engineer: • Seven (7) sets of Preliminary Plans (half-size 11"x17"). • Eight (8) sets of Check Plans (half-size 11"x17") • Eight (8) original final review drawings (half-size 11"x17") and final project manual • One (1) original final unbound drawing set and project manual • Two (2) sets of full size final drawings (22"x34") • Electronic files in AutoCAD format, including design base maps and sheet files Phase B: 420th Street Improvements TASK A -Contract Management 1.0 Project Administration 1.1 Project Management The project manager will be responsible for the development and tracking of the project plan for the project development. This includes task identification, staff scheduling and coordination, project communications, monthly progress reporting and invoicing and other important elements of the project. The project duration is assumed to be eleven (11) months. 1.2 Project Development Team Meetings. Maintain communications with the Project Development Team and various other designated representatives. The project development team will include the City of Iowa City Engineering Department and Foth Companies. Meet to review progress and to discuss specific elements of the project design (assume four (4) meetings in Iowa City). The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by one (1) staff member of the Consultant. The following project meetings are included with the scope of work: X:\CR\IE\2008\00081016.00\PROJWdministrative\Contrad\sos-011409-ICRdwyDsgn.doc 13 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa Project Review Meetings -three (3) meetings Note: there is one (1) additional meeting included for miscellaneous purposes. 1.3 Public Information The CONSULTANT will conduct one (1) public informational meeting that will be attended by two (2) staff members of the CONSULTANT. The purpose of the meeting will be to provide a brief overview of the proposed improvements, and to gather information on the concerns, priorities and specific issues of the adjacent property owners and other affected parties. This task includes preparation of the public notification letters, display materials and hand out information for the meetings. Also includes reviewing the results of the meeting with the Project Development Team. The reserving of the meeting facility and a public notification will be completed by the CITY. 1.4 Individual Property Owner Meetings The CONSULTANT will conduct meetings with individual property owners to address issues of specific concern to adjacent properties. These meetings will be held in concert with the Project Development Team meetings. This will include specific discussions about access issues, changes in circulation, potential right-of-way needs, and other issues related to specific parcels. During the scheduled individual property owner meeting times, the CONSULTANT'S project manager will meet with the affected property owner to discuss the specifics of the project as it relatES to their property, obtain information regarding any issues the property owner feels is important, and get input regarding their expectations. For budget purposes, it is assumed that the CONSULTANT will conduct two (2) meetings per property owner (estimated 12 properties) and will be attended by one (1) staff member of the CONSULTANT. 1.5 Utility Coordination Meetings The CONSULTANT will conduct meetings with individual utility companies to address specific conflicts. It is anticipated that there will be two (2) meetings with representatives of the various utility companies. The first will be to advise of the nature and extent of the improvements and any potential conflicts with existing or proposed utility systems, and the second will be preliminary/final design review and coordination meetings. 1.6 Design Coordination w/ Iowa DOT District 6 Local Office This task includes the coordination/project review with the Iowa DOT District 6 Office. Project plans and specifications will be provided to the Iowa DOT upon request or on identified project submittal dates. For budgeting purposes, it is assumed that two (2) meetings will be attended by one (1) staff member of the Consultant. Meeting minutes along with documentation of other communications shall be prepared by the Consultant and included in the project file. 1.7 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 1.8 Sub-Consultant Management Prepare subcontracts and work orders for sub-consultants. Monitor sub-consultant activities. Review invoices and submit to the CITY for payment. Coordinate sub-consultant activities with Terracon (geotechnical services) and Earthview Environmental (environmental services -wetland delineation for sanitary sewer trunk extension). TASK B -Survey and Mapping 1.0 Preliminary Design Surveys The CONSULTANT shall perform field and office tasks required to collect supplemental topographic information deemed necessary to complete the project. The CITY shall provide aerial photographic X:\CR\IE\2008\00081016.00\PROJ Wdministrative\Contract\sos-011409-ICRdvryDsgn.doc 14 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420~h Street Corridor Improvements Iowa City, Iowa and other available mapping of the Project area. The specific supplemental survey tasks to be performed include the following: 1.1 Control Surveys The CONSULTANT will establish horizontal and vertical control for 420th Street (US Highway 6 to Taft Avenue). Each permanent control point or benchmark shall have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. The horizontal control will be based on the US state plane Iowa south zone US survey-foot NAD 83 (1996 Harn) and the vertical control based on NAVD 88. 1.2 Topographic Survey The CONSULTANT shall perform topographic surveys (i.e. mainline, side streets, driveways and along proposed sanitary sewer extension alignment) required for the development of the project. This task also includes verification of the existing topographic mapping. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the existing base mapping. This task includes topographic survey of following areas: - Mainline 420th Street from US Highway 6 to approx. 200 ft east of Taft Avenue (5000 LF). - Approx. 200 LF of each connecting side road (Commerce Drive, Independence Road, Taft Avenue) - Driveway and field entrances (estimated at 8 to 10 drives/field entrances). - South ditch of 420th Street (Taft Avenue to Iowa Interstate Railroad, 50 ft x 900 ft) and along the south Iowa Interstate Railroad right-of-way line (420th Street to existing drainage channel, 50 ft by 500 ft).This topographic surveX will be utilized in the design development of the proposed storm sewer outlet for 4201 Street (refer to the 2008 functional design plans for 420th Street). - Along the proposed sanitary sewer trunk extension alternative #2 (refer 420th Street sanitary sewer extension feasibility study) from Sioux Avenue to Taft Avenue (Approx. 100 ft wide by 3500 ft long swath). 1.3 Utility Surveys The CONSULTANT shall perform utility surveys for the development of the project. Contact utility owners of record or the "one call" representative, request that buried utilities be marked in the field and obtain existing utility map. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. This task consists of a field survey indicating the location of utilities within the existing right-of-way for the project. The CONSULTANT shall field locate utility locations established by others; excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical, sanitary sewer and storm sewer (including power poles, pedestals, valves and manholes). This includes establishing manhole and intake elevations for existing sanitary, storm sewers and culverts. 1.4 Right-of-Way /Boundary Surveys The CONSULTANT shall perform right-of-way /boundary surveys required for the development of the project. The right-of-way /boundary surveys shall be in-depth legal surveys for which acquisition plats may be developed. This task includes a thorough search of CITY, County and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 15 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions or any other lines, indicating possession. A diligent effort must be made to recover existing land corner monuments necessary to describe the right-of-way along the project corridor. The task includes incorporation of property lines, right-of-way lines, and ownership of properties affected by the project into the base mapping for the project. The base mapping will identify the owners and approximate boundaries of all appropriate parcels within the survey limits. 1.5 Plat Preparation of Acquisition Plats and Legal Descriptions The CONSULTANT shall prepare acquisition plats and legal descriptions for property to be acquired for the project. For estimating purposes, the following numbers of acquisition plats are assumed for this agreement: Permanent Acquisition Plats - 9 Permanent Drainage Easement plats - 2 Permanent Sanitary Sewer Easement Plats - 4 Temporary Construction Easement plats - 13 Individual plats and legal descriptions will be prepared for each parcel with permanent and temporary acquisitions. The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. The plats shall also be completed in accordance with the CITY of Iowa City requirements. This task also consists of staking the easement locations for purposes of right-of-way negotiations. The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property lines locations. For the purpose of this agreement, all permanent and temporary easements will be staked one (1) time. 1.6 Monumentation of Permanent Right-of-Way Acquisitions This task consists of monumentation of the permanent right-of-way acquired for the proposed right turn lane widening, which will be performed upon completion of construction of the proposed improvements. The monumentation shall comply with requirements of the Iowa Code and shall be performed by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task does not include monumentation of any existing right-of-way pins that are disturbed during construction activities. 1.7 Replacement of Section Corner Monuments The CONSULTANT shall replace the section corner monuments found at the S1/4 corner of section 19-T79N-R5W and SW1/4 corner of section 20-T79N-R5W. This task includes preparation, certification, and filing of the U.S. Public Land Survey Corner Certificate in compliance with the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. The proposed method for section corner replacement would include the supply and installation of a monument casting that would be placed by the CONSULTANT during paving operations. Upon the completion of construction, the CONSULTANT shall seta 5/8" iron rod within the casting at the existing section corner location. 1.8 Wetland Delineation Survey This task consists of collecting data points for the boundary wetland delineation flags along the proposed sanitary sewer extension alignment (from Sioux Avenue to 420th Street). The survey will be incorporated into the project base mapping that will show the project site with the location of wetlands X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 16 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420th Street Corridor Improvements Iowa City, Iowa and data collection points and a calculation of proposed temporary and permanent impacts to wetlands. 1.9 Soil-Boring Location Surveys Perform soil-boring location surveys to establish location and elevation of proposed geotechnical investigations consisting of 15 soil borings. The Sub-Consultant shall field locate boring locations. TASK C -Geotechnical Investigation 1.0 Geotechnical 1.1 Geotechnical Exploration Analyses (Sub-Consultant) The Sub-Consultant, Terracon shall complete geotechnical exploration for the project. These services will be in general accordance with the Iowa DOT's specification for subsurface investigations and design. This task includes completing approximately 15 borings averaging between 10 to 25ft deep, laboratory testing, engineering analysis and a written report. Engineering analysis for street/roadways will include subgrade preparation, settlement analysis, slope stability, culvert foundation design, subsurface drainage, site grading, excavation stability and backfill, and pavement thickness design. TASK D -Environmental Services 1.0 Wetland Delineation (Sub-Consultant) The Sub-Consultant, Earthview Environmental shall serve as the Consultant's and the City's professional representative for wetland delineation. The wetland assessment for the sanitary sewer extension will use mandatory technical criteria, field indicators, and other sources of information to determine whether the area has jurisdictional wetlands. If wetlands are present, the upper boundaries within the project area will be identified. The methods Earthview Environmental will use in the delineation generally follow the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Jurisdictional wetlands generally have three essential characteristics: hydrophytic vegetation; hydric soils; and wetland hydrology. All three of the technical criteria must be met for an area to be identified as a wetland. The services to be provided will involve the following task items: 1.1 Data Collection The Sub-Consultant shall collect and review documents including soil maps, aerial photos, and the National Wetland Inventory map to make a preliminary determination of the location and size of wetlands on the proposed project site. These documents will be examined for the presence of hydric soils, wetland vegetation, and wetland hydrology, which are indicators of wetlands under the 1987 Corps of Engineers Wetlands Delineation Manual. 1.2 Field Investigation The Sub-Consultant shall conduct field investigations to identify and locate (delineate) wetlands. Collect soil cores and check soil for coloring or other indicators of the presence of hydric soil. Examine the subject area for evidence of hydric vegetation and wetland hydrology. The field visit will also consist of classification by Genus species of the potential hydrophytic vegetation. Each stratum (i.e., trees, shrubs, and herbs) will be assessed in each potential wetland community. The classification will be performed by a degreed biologist or environmental scientist. Install delineation flags to mark the boundary of the wetlands, if any. 1.3 Prepare Report The Sub-Consultant will provide a report that discusses the findings regarding the presence of wetlands, including documentation of fieldwork, conclusions regarding the approximate size and location of wetlands, if any, and recommendations, as necessary, for further actign. X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 17 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`h Street Corridor Improvements Iowa City, Iowa 1.4 Provide Written Responses The Sub-Consultant will prepare a written response for up to two sets of comments received during the Public Notice and Comment period. This task also includes limited follow-up conversations with the regulatory agencies involved to obtain information on the status of their review progress. TASK E - Sanitary Sewer Design 1.0 Preliminary Plans Utilizing the preliminary size and alignment (alternative #2) as developed in the Scott Blvd and Proposed Industrial Park Sanitary Sewer Extensions Feasibility Study, the CONSULTANT shall prepare preliminary plans. Upon completion, the design plans will be approximately 60 percent complete. The submittal of preliminary plans shall be completed on or before the date established in the schedule illustrated in Attachment B. 1.1 Plan Preparation -Title Sheet and Typical Details (A and B Sheets) Prepare title and typical trench & manhole detail sheets for the proposed sanitary sewer extension. This task shall also include miscellaneous details such as grading and erosion control details, and other required details. 1.2 Plan Preparation -Estimate of Quantities (C Sheets) This task consists of a preliminary determination of the bid items to be included in the project, along with their appropriate tabulations. 1.3 Plan Preparation -Staging and Traffic Control (J Sheets) This task consists of the developing a suitable plan for construction staging and traffic control measures to be implemented during construction. The plan will include provisions for through traffic during all sanitary sewer open cut roadway crossings (Sioux Avenue & 420"' Street). The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.4 Plan Preparation -Sanitary Sewer Plan and Profile (S Sheets) Prepare preliminary sanitary sewer plan and profile drawings at a scale of 1"=30' horizontal and 1"=5' vertical. These drawings will illustrate the proposed sanitary sewer alignment, pipe size & slope, manhole locations, boring and steel casing pipe locations (including pipe size and thickness), existing road right-of-way & property lines, proposed permanent utility easements, existing contours, existing utilities, and all other existing features as located during the topographic survey of the proposed corridor. 2.0 Check Plans Utilizing the preliminary sewer alignment, the CONSULTANT shall provide check plans. Upon completion, the design plans will be approximately 90 percent complete. The submittal of check plans shall be completed on or before the schedule as outlined in Attachment B. 2.1 Incorporate Comments from Preliminary Plan Review The CONSULTANT will respond to comments resulting from the Preliminary Plan Review and Field Exam. Recommended modifications will be incorporated into the plan set. 2.2 Check Plan Preparation The CONSULTANT will prepare check plans, which will generally include the following tasks for this project: Title Sheets (A Sheets) -This item consists of finalizing the title sheet. The title sheets will include the following: Index of Sheets, Index of Standard Road Plans, Legend, Location Map, Project Number, Letting Date and Owner/Engineer contact information. Typical Details (B Sheets) -This item consists of final design and drafting of typical trench details and all other standard details to be utilized for the improvements. X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 18 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa Estimate of Quantities (C Sheets) -This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. Reference Ties and Bench Marks (G Sheets) -This item consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the project. This also includes preserving any Government Corners, which are found in the vicinity of the proposed construction. Staging and Traffic Control (J Sheets) -This item consists of final design and drafting of the construction traffic control plans. Sanitary Sewer Plan and Profiles (S Sheets) -This item consists of the final design and drafting of sanitary sewer plan and profile sheets, including the detail information required for plan approvals, and construction of the proposed sanitary sewer extension. 2.3 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed for the final cost estimate. 3.0 Final Plans Utilizing the check plans, the CONSULTANT shall provide final plans. The submittal of final plans shall be completed on or before the schedule as outlined in Attachment B. 3.1 Incorporate Comments from Check Plan Review The CONSULTANT will respond to comments resulting from the Check Plan Review. Recommended modifications will be incorporated into the final plan set. 3.2 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed and for this estimate. 3.3 Project Permitting The CONSULTANT will assist the City in preparing applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities, as necessary. The CONSULTANT shall prepare the following documents for the project: • Application and Agreement for Use of Highway Right-of-way for Utility Accommodation (Iowa DOT form # 810025) • Iowa Interstate Railroad Encased Non-Flammable Pipeline Crossing Form/Permit • Applicable IDNR Wastewater Construction Permits • Pollution Prevention Plan Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the City. The CONSULTANT shall provide technical criteria, written descriptions and design data for the City's use in filing the applications for permits. The CONSULTANT shall prepare the permit applications and other documentation. 3.4 Preparation of Project Manual This task consists of preparation of a Project Manual utilizing the standard City front-end documents, including conditions of the contract and detailed construction specifications. The Iowa Statewide Urban Design and Specifications shall be utilized on this project. X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 19 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420'h Street Corridor Improvements Iowa City, Iowa TASK F - Water Main Design 1.0 Water main This task consists of designing a proposed 16-inch water main along 420th Street roadway alignment from the Scott Six Industrial Park Development to Taft Avenue (Approx. 3300 LF). Determining locations of hydrants, valves and other key connections is included in this task. Size of proposed main shall be determined by the City. CONSULTANT shall coordinate the water main design with the City of Iowa City Water Division. TASK G -Roadway Design 1.0 Preliminary Plans Utilizing the preliminary geometrics as developed in the Functional Design Plans, the CONSULTANT shall provide preliminary plans for 420th Street, US Highway 6 to Taft Avenue. Upon completion, the design plans will be approximately 60 percent complete. The submittal of preliminary plans shall be completed on or before the date established in the schedule illustrated in Attachment B. 1.1 Plan Preparation -Title Sheet and Typical Sections (A and B Sheets) Prepare title and typical section sheets for 420th Street, Commerce Drive, Independence Road, and Taft Avenue. This task shall also include miscellaneous details such as special paving details, grading details and other required details. 1.2 Plan Preparation -Estimate of Quantities (C Sheets) This task consists of a preliminary determination of the bid items to be included in the project, along with their appropriate tabulations. 1.3 Plan Preparation -Plan and Profile (D and E Sheets) Prepare preliminary plan and profile drawings at a scale of 1"=30' horizontal and 1°=5' vertical. These drawings will show base mapping and proposed roadway alignments. Include slope intercepts, side road intersections, ditch locations, cross drainage, erosion containment, existing and proposed drainage structures (including flow line, drainage area, and topography), existing and proposed right-of-way, easements, and entrance profiles. Intersecting angles and station equation between mainline and side road reference line will also be shown. Profiles will show proposed elevations, grades, vertical curve length and "K" value, elevations for PVC, PVI, and PVT, ditch profiles and ditch elevations. These drawings will also show existing contours and proposed grading information along the corridor. 1.4 Plan Preparation -Staging and Traffic Control (J Sheets) This task consists of the developing a suitable plan for construction staging and .traffic control measures to be implemented during construction. The plan will include provisions for through traffic and temporary access to adjacent properties during construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.5 Plan Preparation -Pavement Markings and Traffic Signing (K Sheets) This task consists of the development of pavement marking and traffic signing plans to be placed into service following construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.6 Plan Preparation -Intersections and Mainline Geometrics (L Sheets) Prepare a 1"=20' scale preliminary plan for each intersection and mainline in areas where the special transition is required to maintain positive drainage. Basic horizontal information shall be presented showing design vehicle turning radii, turning movements, design vehicle turning path. 1.7 Plan Preparation -Storm Sewer Water main and Subdrain (M Sheets) Complete hydrologic and hydraulic investigations will be completed in accordance with Chapter 2 of Iowa Statewide Urban Design Standards for Public Improvements (SODAS) for proposed storm sewer along mainline and at side roads or in areas where new low points are created due to new X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 2~ Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420'h Street Corridor Improvements Iowa City, Iowa roadway geometrics. This task consists of developing a "Storm Water Management Plan" for the areas surrounding the proposed improvements. This plan will inventory the existing hydrologic and hydraulic conditions and analyze the impacts the proposed improvements will have on the area wide drainage patterns. Once the impacts have been quantified alternatives will be developed to support the proposed improvements. Preliminary design and layout of the storm sewer, culverts, subdrain and water main will be included in this task. 1.8 Plan Preparation -Special Construction Details (U Sheets) This task consists of the design and drafting associated with the preliminary assembly of modified standards and special details. 1.9 Plan Preparation -Cross Sections (W, X, Y, and Z sheets) Generate preliminary cross sections at 1"=10' horizontal and 1"=5' vertical scale at key locations for 420th Street and the following connecting sideroads: Commerce Drive, Independence Road, and Taft Avenue. Cross sections will generally be developed at culvert locations, terrain breaks, and at 50' intervals. Include finished grade line elevation and calculated earthwork volumes, indicating estimated earthwork volume for each proposed construction stage. 1.10 Preliminary Opinion of Probable Construction Cost Prepare a pre-iminary opinion of probable construction cost for the project. Preliminary cost estimates shall be based on representative major project elements and based on recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. 1.11 Preliminary Plan Review by Design Team The consultant shall submit preliminary plans and budget to the City for review and comment. A Field Review will be held by the Project Development Team to discuss key issues and design concepts, including drainage, access control, traffic control/staged construction and right-of-way. The review will determine the completion of the plan design, identify needed adjustments to minimize potential property impacts and confirm the proposed staging plans. Revisions will be noted for preparation of check plans. 2.0 Check Plans Utilizing the preliminary geometrics, the CONSULTANT shall provide check plans. Upon completion, the design plans will be approximately 90 percent complete. The submittal of check plans shall be completed on or before the schedule as outlined in Attachment B. 2.1 Incorporate Comments from Preliminary Plan Review The CONSULTANT will respond to comments resulting from the Preliminary Plan Review and Field Exam. Recommended modifications will be incorporated into the plan set. 2.2 Check Plan Preparation The CONSULTANT will prepare check plans, which will generally include the following tasks for this project: Title Sheets (A Sheets) -This item consists of finalizing the title sheet. The title sheets will include the following: Index of Sheets, Index of Standard Road Plans, Mileage Summary, Legend, Location Map, Project Number, Letting Date and Design Designation. apical Sections (B Sheets) -This item consists of final design and drafting of typical cross-sections and standard details to be utilized for the improvements. Estimate of Quantities (C Sheets) -This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. X:\CR\IE\2008\00081016.00\PROJVidministrative\Contractlsos-011409-ICRdwyDsgn.doc 21 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420'h Street Corridor Improvements Iowa City, Iowa Plan and Profiles (D and ESheets) -This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, and construction of the proposed roadway improvements including grading limits and necessary storm sewer improvements. Reference Ties and Bench Marks (G Sheets) -This item consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the project. This also includes preserving any Government Corners, which are found in the vicinity of the proposed construction. Staging and Traffic Control (J Sheets) -This item consists of final design and drafting of the construction traffic control plans. Pavement Markings (K Sheets) -This item consists of final design and drafting of the permanent pavement marking plans. Geometric Staking Details (L Sheets) -This item consists of the final design and drafting of jointing details, spot elevations, and geometric layouts for all non-typical pavement areas. Includes design for entrance modifications. And also includes analyzing the effects proposed improvements will have on drainage, grades and on-site traffic circulation patterns. Storm Sewer Subdrain Water main Profiles and Details (M Sheets) -This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches, subdrain, and water main and other related utility features on the project. Erosion Control Plans (S Sheets) This item consists of design and drafting of the proposed erosion control measures required for the project. Erosion control measures shall include but not limited to items such as silt fencing, wood excelsior mat, filter socks, rock outlet protection, storm sewer inlet protection and sediment traps. Tabulations of Earthwork Quantities (T Sheets) -This item consists of final design and tabulation of the earthwork quantities. Special Construction Details (U Sheets) -This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. Design Cross-Sections (W, X. Y, Z Sheets) -This item consists of the final design and drafting of individual cross-sections for the Project. Cross-sections will be designed and drawn at 50-foot maximum intervals, with additional cross-sections included as necessary. Cross-sections will show the existing ground elevations as well as the final project grading, including fores~ope and backslope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. 2.3 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed for the final cost estimate. 3.0 Final Plans Utilizing the check plans, the CONSULTANT shall provide final plans. The submittal of final plans shall be completed on or before the schedule as outlined in Attachment B. 3.1 Incorporate Comments from Check Plan Review The CONSULTANT will respond to comments resulting from the Check Plan Review. Recommended modifications will be incorporated into the final plan set. X:\CR11E\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc 22 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`" Street Corridor Improvements Iowa City, Iowa 3.2 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed and for this estimate. 3.3 Project Permitting The CONSULTANT will assist the City in preparing applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities, as necessary. The CONSULTANT shall prepare the following documents for the project: • NPDES Storm Water Discharge Permit • Applicable IDNR Public Water Supply Construction Permits • Work within right-of-way permit (Iowa DOT Form) • Pollution Prevention Plan Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the City. The CONSULTANT shall provide technical criteria, written descriptions and design data for the City's use in filing the applications for permits. The CONSULTANT shall prepare the permit applications and other documentation. 3.4 Preparation of Project Manual This task consists of preparation of a Project Manual utilizing the standard City front-end documents, including conditions of the contract and detailed construction specifications. The Iowa Statewide Urban Design and Specifications shall be utilized on this project. TASK H -Bid Period Services The City will coordinate and manage the project letting process. The work tasks to be performed or coordinated by the City include the following: printing of plans and specifications, distribution of bid documents, notice of project publication and distribution of addenda. The work tasks to be performed or coordinated by the Consultant during the Bid Period Services (For each bid package previously defined) shall include the following: 1.0 Printing of Plans and Specifications - (City Task) 2.0 Notice of Project The Consultant shall prepare the formal Notice of Hearing and Letting. The City shall handle publication of the Notice of Hearing and Letting. The City shall also prepare and disseminate an informal notice to contractors concerning the upcoming Project. 3.0 Plan Clarification and Addenda The bid lettings shall be administered by the City. The Consultant shall assist the City during the bid periods in answering questions regarding the design intent. The CONSULTANT shall prepare addenda as appropriate to interpret, clarify or expand the bidding documents. Plan clarification information and addenda will be distributed to the project plan holders by the City. 4.0 Letting, Bid Tabs, and Award Recommendation The Consultant shall be a representative present when the bids and proposals are opened, shall make tabulations of bid for the Owner, shall advise the Owner on the responsiveness of the bidders and assist the Owner in making the award of contract, including preparation of necessary contract documents. X:\CR\IE\2008\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDsgn.doc . 23 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420'" Street Corridor Improvements Iowa City, Iowa TASK I -Construction Period Services The work tasks to be performed or coordinated by the Consultant during the Construction Period Services shall include the following: 1.0 Pre-Construction Meeting The CONSULTANT shall attend two (2) preconstruction meetings (One for each bid package) for the project with contractors, suppliers, utility companies and City staff. It is anticipated that the City will perform construction administration and observation services. 2.0 Shop Drawing Review - (Task not required) TASK J - Project Deliverables The scope of services shall be considered complete upon completion and delivery of the following items (For each bid package) to the satisfaction of the City Engineer: • Seven (7) sets of Preliminary Plans (half-size 11"x17"). • Eight (8) sets of Check Plans (half-size 11"x17") • Eight (8) original final review drawings (half-size 11"x17") and final project manual • One (1) original final unbound drawing set and project manual • Two (2) sets of full size final drawings (22"x34") • Electronic files in AutoCAD format, including design base. maps and sheet files ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.) Traffic counts and traffic projections. 2.) Traffic modeling and analysis. 3.) Landscaping design, except as noted for Industrial Park Main Entrance. 4.) Right-of-way negotiation and acquisitions. 5.) Report of record ownership and liens (title searches). 6.) Wetland Permitting and Mitigation. 7.) Eminent domain proceedings. 8.) Relocation assistance. 9.) Right-of-way closing/recording services. 10.) Condemnation services. 11.) Project Letting Services. 12.) Construction period services (administration, observation, and survey). 13.) Construction testing services. 14.) Right-of-way plan sheets (H-Sheets). 15.) Shop drawing review. 16.) Services for zoning or comprehensive plan revisions. X:\CR\IE\2008\00081016.00\PROJ1AdministrativelContrad\sos-011409-ICRdwyDsgn.doc 24 Foth Infrastructure and Environment, LLC. 420`" Street Corridor Improvements Project No. 00081016.00 Iowa City, Iowa ATTACHMENT "B" -SCHEDULE 420' Street Corridor Improvements Iowa City, Iowa The Consultant shall complete the following phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before February 10, 2009. 420th Street Industrial Park Consultant Contract approval Concept Plan Design Development Preliminary Design (Site 1) Final Design and Project Letting (Site 1) February 10, 2009 February 10, 2009 thru March 31, 2009 April 1, 2009 thru May 31, 2009 June 1, 2009 thru August 31, 2009 Sanitary Sewer Trunk Extension Consultant Contract approval Preliminary Design Development Acquisition Plats Check Plans Property Acquisitions (3 months) Final Plans Plan Approval & Project Letting February 10, 2009 February 10 thru March 31, 2009 April 1 thru April 30, 2009 April 1 thru May 31, 2009 May 1 thru July 31, 2009 June 1 thru July 31, 2009 August 1. thru August 31, 2009 420th Street Improvements Consultant Contract approval Preliminary Design Development Acquisition Plats Check Plans Property Acquisitions (6 months) Final Plans Plan Approval & Project Letting February 10, 2009 February 10 thru April 30, 2009 May 1 thru May 31, 2009 May 1 thru July 31, 2009 June 1 thru November 31, 2009 August 1 thru October 31, 2009 November 1 thru December 31, 2009 If notice to proceed is given at a later date, time of completion shall be extended accordingly. X:\CR\IE\2008\00081016.00\PROJWdministrative\Contractlsos-011409-ICRdwyDsgn.doc 25 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420~h Street Corridor Improvements Iowa City, Iowa ATTACHMENT "C" -STANDARD RATES 420' Corridor Improvements Iowa City, Iowa Foth Infrastructure and Environment, L.L.C. 2009 Standard Hourly Rate Schedule CLASSIFICATION HOURLY RATE Project Manager III $137.00 Project Manager II $127.00 Project Manager I $117.00 Project Scientist $123.00 Project Engineer III $117.00 Project Engineer II $107.00 Project Engineer I $97.00 Staff Engineer III $95.00 Staff Engineer II $91.00 Staff Engineer I $86.00 Engineering Technician III $91.00 Engineering Technician II $87.00 Engineering Technician I $79.00 Field Technician III $90.00 Field Technician II $80.00 Field Technician I $54.00 Land Surveyor $97.00 1-Person Survey Crew w/ Robotic or GPS $96.00 2-Person Survey Crew $128.00 2-Person Survey Crew w/ Robotic or GPS $137.00 Administrative Assistant $58.00 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed on per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.72 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal will be billed at their invoice cost plus 15%. 4. All other direct expenses will be invoiced at cost plus 10%. ADJUSTMENTS TO FEE SCHEDULE 1. All expert testimony work in cases of litigation or anticipated litigation will be billed based on the type of work. For advisory work and consultation where the Engineer is not under oath, our fees shall be established by applying a multiplier of 1.25 times the standard rate schedule. For depositions and testimony during trial our fees shall be established using a multiplier of 1.50 times the standard rate schedule. 2. Fee schedule effective January 1, 2009. Rates subject to change upon 30 days' written notice. X:\CR\IE\2008\00081016.00\PROD\Administrative\Contractlsos-011409-ICRdwyDsgn.doc 26 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420'h Street Corridor Improvements Iowa City, Iowa ATTACHMENT "D" -CITY'S RESPONSIBILITIES 420th Street Corridor Improvements Iowa City, Iowa The City shall provide the following: 1. All necessary electronic plan and contour drawings, dtm drawings, orthophotos and current Johnson County Parcel drawings (for use in supplementing surveyed areas). 2. Any existing roadway plans/record drawings and utility maps for Scott Six Industrial Park, US Highway 6, 420th Street and Taft Avenue. X:\CR\IE\2008\00081016.00\PROJ Wdministrative\Contract\sos-011409-ICRdvryDsgn.doc 27 Foth Infrastructure and Environment, LLC. Project No. 00081016.00 420`h Street Corridor Improvements Iowa City, Iowa ATTACHMENT "E" -INSURANCE CERTIFICATES 420th Street Corridor Improvements Iowa City, Iowa The pertinent insurance certificates to be submitted upon acceptance of Engineering Proposal X:\CR\IE\2006\00081016.00\PROJWdministrative\Contract\sos-011409-ICRdwyDSgn.doc 2$ y ACOR©r~ GERTIF(CATE OF LJAB(L("Y ~NSURAN C~ - TE(MM ~ ~. •.~ , - pA /DD/YY) ; ...~_ ~.-•~.:_•_ _.. _~._. __.: .... ._f-~.,... .... ....___. T Ti •~°-~F~~"' !Z-qa /r'- .nr' s~ FF ~_,r,....,.,,~~.N~ 01/06/09 r: PRODUCER THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION Aon Risk services Central, inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Green Bay wI Office 111 N, Washington Street suite 300 HOLDER. THIS CERT1ftCATE DOES NOT AMEND, EXTEND OR , 0 8oX 23004 P ALTER THE COVERAGE AFFORDED 6Y THE POLICIES BELOW. . . Green say wI 54305-3004 COMPANIES AFFORDING COVERAGE COMPANY Continental insurance company (920} 437-7123 FAX (920} 431-6345 PHONE A - • c INSURED coMPANY Turin City Fire insurance Company FOTH INFRASTRUCTURE & ENVIRONMENT, LLC 6 P 0 BOX 12326 1 GREEN BAY WI 54307-2326 USA coMcANY Transportation Insurance Co, t c "~ COMPANY D „COVERAGES... ~:'~ .. ..:• .: ;: .. , .: ..:....: .: . :. • - -• .:: . ~:>::" slR7applTes per:;terms>arid~@i5ndi-t-~"onsr'af the.•poiicy 1"HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCVMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSVRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU8JEC7 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of SUCH POLICIES. LIh41TS SHOWN MAY >•IAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARL• AS RH UBSTF.ll CO LTR •T5'PE OE [M1SURANCE POLICY NUhIllER POLICY EF'PECiIVE DATE (At~l/DDh'Y) POLICY ESPIRA TION bATE(hR1lND/YY) LIAIffC C A GENERAL LIABILITY C 2082968608 01/01/09 O1/01/10 GENERAL AGGREGATE 52,000,000 ~ X COtdIAERCl4t GENERAL LIABILITY rACxACE - coN~ILRCxnL PRODUCTS-COMPfOP AGG SL,000, 000 ~ •f n CLAIMS MADE X^ OCCUR PERSONAL R AOV INJURY Sl , 000.000 C OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 51,000,000 v FIRE OAMAGE(Mv one fire( 5100, 000 h5E0 EXP (Mv one oerso„1 510, 000 'L q AU 7omODILE LIABILITY c 2082849649 01/01/09 01/01/10 COMBINED SINGLE UMI7 $1,000,000 X ANY AUTO AUSINESS At1T0 ALL UtA'NEO AUTOS BODILY INJURY ~ SCHEDULED l.U705 p~~/t F~ ~tltE: V i~~LA C~E~7l ~q e.~ Yt~~! ~ A1° E~ y • v3 L~! (Per perscn) X HII2EU AUTOS pp (~39 ~•1 ~~,,,' ~ ~ ~ V t3 lJ L , i i~ }=e~81J~ DODiLY INJURY X NON~OWNEOAU"IDS tt ,~~.t ~nl,•1 ~ , (Petaa;denl) ~ 7 CJ l! 7 ~ PRO°ERTY DAMAGE GARAGE LIABILITY AVTO ONLY • EA AGCID-eMF" ANY AUTO OTHER THAN AUTO ONLY. EACH AGCIpENT AGGREGATE C ExcESS uABIUTY C 7.086948031 O1/01/09 O1/O1/10 raCH OCCURRENCE 51,000,00 X UMBRELLAFORM Umbrella AGGREGATE 51,000,00 OTHER TI~IAN Uh7BRELCA FORN. Retained limit nnovn 510,00 B WORKER'S COMPENSATION AND 83wBPM3841 01/01/09 Ol/Ol/10 X WC STATU• 0TH. TORY LIMITS ~ EMPLOYERS'LIABIIITY 410RKERS' CONPENSATFON EL EACN ACCIDENT 1,000,0 0 7hfE PROPRIETOR/ PARTN@RSfEXECUTNC- INCL EL DISEASE-POLICY LIMIT 51 , 000, 000 OFFICERS ARE: EXCI EL DISEASE-EA EMPLOYEE 51,000,000 ._ DESCRIPTION QF OPERATIONSILOCATtONSNENICLESlSPECIALLTEMS ~, '420th Street Corridor Improvements (Foth Project # 08I0016.00) ~„y alt. GERTfFfCATE HOLDER CANCELLATION SHOULD ANY OF THE A80VE DESCRIBED POLICIES UE CANCELLED BEFORE THE 1l_ THE CITY OF IOWA CITY E%PIRATION OA7E THEREOF, T1tE ISSUING COMPANY HALL ENDEAVOR TO MAIL ,~, 410 E. WASHINGTON STREET 30 DAYS WRITTEN NOTICE TO THE CERTtFMATE HOLDER NAMED TO THE LEFT, IUWA CITY IA 52240 USA DUT FAILURE TO MAH. SUCH N07ICC• SkIAU. IMPOSE NO OBLIGA71pN OR LLAA It.ITY ~~- %j aa~ Of ANY KIND UPON FHF. COIAPANY. ITS AGENTS DR REPRLSCNTATIVES. F AUTHORIZED REPRESENTATNE ,,~~~~~~' ~~77~~ ~~~~ ~~~~ p r1G<'o» /T"..a~Jeew~a~ C%bnGF~sL ~srn ~' ACORD 25•S (1/95) CL~ ACORD CORPORATION 1988 ~ A~°2°~ CERTIFICATE OF LIAB{CITY INSURANCE page 1 of 2 01/06/2 09 PROO~cER g77-945-7378 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis HRH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.~O. Box 305191 ! Nashville, TN 372305191 `INSURERS AFFORDING COVERAGE NAIC# INSURED Foth Tnfrastruc ture ~ Environment, LLC iINSURERA: American International Specialty_Lines .Ini 268 2737 South Ridge Road ;INSURER U: ~' Suite 900 I-..._..----__._._ ................._....,......_......_._.._.._........_......_.......___.......__.._-°-------....._.....___...._.._...._._ PO Box 19012 'INSURER C: Green Bay, WI 54307-9012 INSURER D: _ ___ f:C1V FR Ar:FR _ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOA INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L', IPOLICY EFFECTIVE POLICY EXPIRATION; LIMITS LTR tNSRD TYPE OF INSURANCE POLICY NUMBER i OA7 MMlDOIYYYY (DATE MMIDDlYYYY ! ~ _ 'GENERAL LIABILITY I ! I s (,EACH OCCURRENCE.__..._._.___5........_._..........._...___...._...__.._. ' l' ~-' ' I COMMERCIAL GENERAL LUtUILITY I i DAMAGE TO R[NTED ,PREMISES (Fa ocuuence) _ _ .__ .____.___-__...._ i i I CLAIMS MADE 'OCCUR ! I % MED EXP (An~r one person) _ ~ S____ „ __ ___ ~ I I ~, i ;PERSONAL&ADV INJURY $ .....-- ,... t i ` GENERAIAGGREGATE `:'S ": GEN'L AGGREGATE LIMIT APPLIES PER:: ` ... ... -_ _ . __ `PRODUCTS•COMPfOP AGG j.S____ ____ ____.-"______ "__.. __-_.__ -_.._ . ;. , . e ; i PRO- , i POLICY k < JECT I LOC i AUTOMOBILE LIABILITY ' "~"~"~- , , :COMBINED SINGLE LIMIT .S : j ; ( ! ANY AU70 i _ _ (Ea accident) i .__....___._...._..........._-. __.-_T___z__.___.. ALL OWNED AUTOS ~ ! .__ i ' I i BODILY INJURY S 1 ' ~ (Per person) SCHEDULEOAUTOS i t : HIRED AUTOS ~ !BODILY INJURY ' ; ; !NON-01NNE0 AUTOS i '. . ; (Per accident) ! L.____________.._..._.__..._... .. i i ' ' ~ ~ i PROPERTY DAMAGE I S I i ' ~ i ; (Per accident) ~ GARAGE LIABILITY ; ; ; i I AUTO ONLY• EAACCIDENT i S _ ,,.,_.,. -___.____ __...__.._ _. !.._._._..__._._-.___._.._..._.__..._. _ I I j _ ;ANY AUTO I i IOTHERTHAN _EAACC-i,s ._--_--°_---.---._..._....... i ~ i AU700NLY: AC;G . 5 i ~EXCESSfUMBRELIALiABILITY ~ I -- i IEACHOCCURRENCE ~S ________.__.__ ..._ .. _ - I ~ OCCUR CLAIMS MADE i ~ L.__ i ~ i i I AGGREGATE, T I S - _ _ .... _ ....___... i ....... _. ... ' I i S ~ ' I i I __' DEDUCTIBLE I ~ t i IS -....,..._...-..___........._...._._._..., :.--------_._....-----------+ } `' ' i i I RETENTION 5 I , I iS 1 WORKERS COMPENSATION ~ I i CSTAT~, iDTH- j7O - ,___._._-_-___-_ HY LIMI-S,i,_,_,( ER. i : j AND EMPLOYERS'UABtLITV Y1N~ ' _ ..... ........ ~ i ANY PROPRIETOR/PARTNER/EXECU7IVE""""-"";; I E.L. FA_C__H ACCIDENT i 5 ._,,,.___.-_,"_..,..._.....-__ OFFICERlMEMBER EXCLUDED? l; ' 1 - _~; (Mandatory in NH) i i - ' IE.L. DISEASE-EA EMPLOYEE; }._....._--.----.....____._____--..._.._...__...._---.__- ............... If yes. describe under I SPECIAL PROVISIO\S below I E.L. DISEASE-POLICY LIMIT ~ S A ;oTH£RContractors 14761716 ,2 1 2006 3 1 2009 IS1,000,000 Each Claim ;Operations. & Professional $1,000,000 Aggregate (Services Environmental ~ ~ 'Insurance I DESCRIPTION OF OPERATIONS f LOCATIONS ! VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS 420th Street Corridor Improvements (FOth Project # OSI0016.00) r`FRTIFI(_ATF NC1I r1FR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3l) DAYS WRITTEN NOTICE TO THE CERTIFICATE kOLOER NAMED TO THE LEFT, BU7 FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. The City Of IOWA City 410 E. Washington Street AUTHORI2E0 REPRESENTATIVE Iowa City, IA 52240 . GT~Li ACORD25(2009101} Co 11:2578113 Tp1:747478 Cert:l 047933 ©1988-2009ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD Page 2 of 2 IMPORTANT If the certificate holder is an AODETIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements}. DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon. ACORD25(2009/01) Co11:2578113 Tp1:747478 Cert:12047933 ,~~ t3 d ~ { 5 jJ ~ ~ ' ~~~~ ~ ~Y ~~" ~ :2 Rt~ ' ' ,~ c S ~ ~ ~ ~~ ~ ~ O ' ~ '' b ~ 3 }, ~i , b ~,' F ~g ; t: ~ G ~ 7 a x, . + ~ gy ~ ~ ~ ~ ~ N 4 ~ ~ t ~'M.4 1 , `~lp~e ~ Y rvy~~~ I°~ ~ y~, - ~ .d".~~ d gpj{r G .x i F~ ~ ~~ k ~~ h ~' ~ Ste,' f~ a'E^4~ r rd. M~ N Y- ~ 4k~ „~ ~ ,yr n„ . ~~`} S~ *~+ ~m~ ~ ~ 4 ° ' '~*" a 31 p!s ky~ -p ~1 ~' a~ L f S^ u v ^~ "` a~`d'~W'b~ a 2 D ~ ~.~ ~' ~ n ~ ~~ ar, +~ .~~ , ~ mm "~~ i Z 2 ~, p ,~ c m ~ `~~-~ ~; ~~ ,~ T ry /~ ~ Y 'k R ~~1 qf9 ~ x0 ~~ i ~~ ~'Jk ~ S'~' G ~ ~ ~ D ~ ~ ~ z ;w ~y~, a , J~~ i~ k~ y~y '~ ` ~ f Y ~ . . D fA r Z O G f7 C ~ ~ z~ 3 ~ D D ~ ~ N ~ _m ~c x W D m x D "ter ~ , ~i ~~ ~- r ''a ;, y~ ~ ~ , , ~~ v < fi ~< i° ~~:; ~` f i a, ;i ~ ~," ~ u~ ~a~ ~:~~ 4 ,,,, ~s ft~ ~` a ~~ ' . ~~ 27 Prepared by: Kumi Moms, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 09-43 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY ATTORNEY AND COUNCIL OFFICE REMODELING PROJECT. WHEREAS, City Construction Group, L.C. of Iowa City, Iowa has submitted the lowest responsible bid of $131,150 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 City Construction Group, L.C., 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 10th day of CITY LERK 20Q~_. z -- 3 ~- C~ ~ City Attorney's Office It was moved by Wilburn and seconded by wri>7ht the Resolution be adopted, and upon roll call there were: AYES: ~- ~~ x x x ~_ x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng\masters\awrdcon.doc 2/09 ADVERTISEMENT FOR BIDS CITY ATTORNEY AND COUNCIL OFFICE REMODELING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2 P.M. on the 3rd day of February, 2009. 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 its next regular meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 10th day of February, 2009, or at a special meeting called for that purpose. The project will involve the remodeling of the City Attorney's Office and library into additional office space for the City Attorney Office staff and the City Council. The work will also involve creating an ADA access to the women's restroom with a sloped ramp, minor modifications to the City Hall Maintenance space and new carpets and lighting in existing City Attorney's Office spaces. The work includes general building construction, mechanical, and electrical. A mandatory pre-bid meeting will be held at 9 A.M. on Tuesday, the 20th day of January, 2008 in the City Attorney's library at City Hall, at 410 East Washington Street, Iowa City, Iowa. All work is to be done in strict compliance with the plans and specifications prepared by Nowysz Associates and Shive-Hattery, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination 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 and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance 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 until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion 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 City Council, 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 one (1) year(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Completed Date: June 12, 2009 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 Iowa City Reprographics, at 114 S. Dubuque Street, Iowa City, Iowa, (319) 338-7872 (phone), (319) 338-7985 (fax) by bona fide bidders. A $20.00 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 Iowa City Reprographics. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. 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. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced AB-1 within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and 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 pwengWdbidsWdbids-CA&CouncilOffice. doc 6/07 AB-2 U2-10Q-U9 ~~ 28 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138 RESOLUTION NO. 09-44 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER INTERSTATE 80 PROJECT. WHEREAS, the City of Iowa City desires to construct a pedestrian bridge over Interstate 80 along North Dodge Street; and WHEREAS, the project will construct a sidewalk from ACT Circle to Northgate Drive; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the North Dodge Street Pedestrian Bridge over Interstate 80 Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company of Cedar Rapids, Iowa, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 10th day of ATTEST: _~~;„~ ~. `°~ CITY -ERK nNNi v~u uy ~~j~ '~ ~~L-~ City Attorney's Office o~~y~ad/ PwenglreslNdodgepedbridge. doc Resolution No. 09-44 Page 2 It was moved by Wilburn and seconded by xavek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: ~- x x x ~- ~_ x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this /~ day of ~EQRu.AR~, aar~ by and between the City of Iowa Cir ty, a municipal corporation, hereinafter referred to as the City and Howard R. Green Company, of Cedar Rapids, Iowa, hereinafter referred to as HR Green. WHEREAS, the design of a new pedestrian bridge over Interstate 80 (I-80) along North Dodge Street in Iowa City, Iowa has been requested by the City. This project is to complete the design of the proposed bridge according to Iowa Department of Transportation and American Association of State Highway and Transportation Officials guidelines. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City,.. and to do so in a timely and satisfactory manner. Task 1 - Proiect Management and Administration 1.1 Development of Detailed Work Plan Prepare a detailed work plan with specific staff assignments, by task, corresponding to the schedule. 1.2 Coordination with City Maintain communications with City of Iowa City. On a monthly basis meet with City staff to review progress or to discuss specific elements of the project (assume two (2) consultant staff will attend three (3) meetings). Prepare minutes of meetings and keep documentation of other communications. 1.3 Subconsultant Management This project will involve management of subconsultants for the purpose of geotechnical consultation. 1.4 Project Monitoring and Progress Reports Maintain the system for monitoring progress and expenditures to allow monthly tracking by task. Prepare and submit monthly progress reports outlining the following: • Activities during the reporting period and activities planned for the following month, • Problems encountered and recommended solutions, and • Overall status. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company Project No. XXXXXX North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa 1.5 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the Plan. Task 2 -Survey 2.1 Horizontal and Vertical Control Surveys Establish three (3) permanent horizontal control points and three (3) vertical control benchmarks. Control point ties will be established for all three permanent horizontal control points. Control point ties will be drafted for the G-sheet. 2.2 Topographic Survey A 3400-foot topographic survey extending from Northgate Drive on the north south to the end of the existing sidewalk on the west side on North Dodge Street. The width of the survey will be from the west edge of pavement on North Dodge Street to the west Right-of-Way line for the portions north and south of I-80 and approximately 150-feet wide from the west side of the existing North Dodge Street Bridge over I-80. Features located will include break lines, trees, roadway centerline and edges, sidewalk, and pertinent bridge features. 2.3 Utility Survey A utility survey shall be performed for the project area. Utility owners of record and the "One Call" representative will be contacted for a Design Information Request. Coordinates and elevations (when possible) will be obtained for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. Utility locates, requested by the soil boring contractor, will be located in conjunction with the soil borings. Excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include phone, gas, fiber optic, water main, overhead and underground electrical, sanitary sewer and storm sewer. Elevations will be established for sanitary and storm sewers at structures. It is assumed that utility information, including utility owner contact information, will be collected by HR Green. A coordinate listing of the points surveyed and a plot showing the field surveyed utilities with elevations provided for sanitary and storm sewers shall be developed. Show utility name and describe the utility on the listing and the plot. HR Green will incorporate utilities into the CADD file base map. 2.4 Survey Soil Boring Locations HR Green will provide the boring station locations and coordinates for soil borings with ground elevations at each boring. It is estimated that 3 soil borings will be staked. 2.5 Right-of-Entry Right-of-Entry to properties for surveying associated with design of the bridge will be obtained by HR Green. This includes contacting the Iowa DOT for access along I-80. It is anticipated that HR Green. will acquire right-of-entry from one (1) parcel. 2.6 Right-of-Way Surveys Right-of-Way surveys will consist of re-establishing the western right-of-way line of North Dodge Street from Northgate Drive south to I-80. Approximate property lines will be shown. It is anticipated that no additional right-of-way, permanent easements, or temporary easements will be acquired as part of this project. Existing right-of-way information from the previously completed North Dodge Street improvements will be used to establish the right-of-way line south of I-80. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company Project No. XXXXXX Task 3 -Conceptual Bridge Design North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa 3.2 Concept Statement HR Green will develop the Concept Statement according to the Iowa Department of Transportation (DOT) requirements and prepare for submittal of the statement by the City to the Iowa DOT. 3.2 Determine Approximate Bridge Parameters The intent is to develop a pedestrian bridge based on the Iowa Department of Transportation October 27, 2008 draft and the proposed I-80 Corridor Aesthetic Enhancements. Determination will be made as to what portion of the bridge enhancements will be completed as part of this project and what can be completed with afollow-on project. Task 4 -Preliminary Bridge Design A preliminary bridge design will be prepared for the North Dodge Street Pedestrian Bridge over I-80. The trail limits shall be Northgate Drive on the north and the existing trail end near ACT Circle on the south. 4.1 Coordination with Soils Design Determine the number of and establish proposed locations for s#ructure soil borings for foundation analysis and design through coordination between the geotechnical staff and the design engineer. The type, number and approximate depth of the foundation investigation borings will be agreed upon by the project team. It is anticipated that 3 borings will be required. 4.2 Structure Type, Size and Location (TS&L) Plans Prepare a 1"=20' scale Type, Size, and Location (TS&L) plan for the proposed bridge. Includes a Situation Plan and a General Elevation consisting of a longitudinal section along the trail. Show roadway curve and profile data, and projected traffic data. TS&L plans shall be prepared in accordance with Iowa DOT and Iowa DNR requirements to facilitate preliminary agency review and approval. The deliverable will be in the City's CADD File format on 11 "x17" bond paper. 4.3 Preliminary Trail Plan Development Prepare preliminary trail plans depicting the proposed geometrics, paving, drainage, utility improvements, and other features of the Project. Trail will be designed in accordance with the Iowa DOT Local Systems and AASHTO design standards. Develop preliminary plan and profile that shows the existing topography along with the proposed improvements. Design the geometric layouts of the intersections at each ramp. Layout permanent pavement markings and traffic signing per the Manual on Uniform Traffic Control Devices (MUTCD). Develop the typical cross section for the proposed improvements, and using this typical section, develop preliminary cross sections showing existing and proposed elevations, grading information, pavement, and any other pertinent information. Cross sections will be developed at 50-foot intervals. 4.4 Quality Control/Quality Assurance Review preliminary bridge/culvert design work. Verify calculations independently. Address and incorporate review comments into the final submittals. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa 4.5 Bridge Aesthetics Plans Prepare bridge aesthetics design plans based on the I-80 Corridor Aesthetic Enhancement recommendations. This includes railing design, bridge approach treatments, pier and abutment treatments, trailhead design, special paving and concrete structures and coordination with lighting design. Determine what portion of this work will be included in the final plan and how future aesthetic modifications can be accounted for in this project. Task 5 -Final Design Final bridge design will be prepared for the North Dodge Street Pedestrian Bridge over I-80. The trail limits shall be Northgate Drive on the north and the existing trail end near ACT Circle on the south. 5.1 Structural Analysis -Calculations HR Green will determine final member sizes, required reinforcing steel, and connection details for the final plans, based on the approved preliminary plans. Design shall be in accordance with the AASHTO LRFD Bridge Design Specifications, current edition at the time the design contract is executed, plus current interim specifications. Structures design shall meet the design requirement established by the Iowa DOT for a September 2007 letting. The live load for the pedestrian bridge will be determined during design. 5.2 Final Bridge Plan Development HR Green will compile plan sheets, specifications, detailed quantities, and standard detail designs for submittal at various milestone points for the bridge (see section II -Time of Completion). Plans will be developed according to applicable Iowa Design Standards and standard drawings as required. Special design details will be developed for aesthetic treatments to the bridge structure. 5.3 Final Trail Plan Development Based on the approved preliminary design, HR Green will compile plan sheets, special provisions, and detailed quantities for the construction of the proposed trail improvements within the I-80 /North Dodge Street Interchange including pedestrian crossings at the existing intersections.. Reconstruction of the right turn lane from southbound North Dodge Street to westbound I-80 is also included. Plan sheets will include typical sections, removals, plan and .profile, staging and traffic control, pavement markings and signage, signal modifications, geometric staking details, storm sewer, and cross sections. 5.4 Quantity Calculations HR Green will identify the required unit bid items and calculate quantities in accordance with the Iowa DOT Standard Specifications. 5.5 Prepare 100% Unreviewed (Check Plans) Submittal HR Green will submit 100% unreviewed (Check Plans) for City and .Iowa DOT review of compliance and intent with design standards and code requirements. All plan deliverables will be completed using the City's CADD File format and printing on 11 "x17" bond paper. 5.6 Special Provisions HR Green will prepare specifications covering the work to be constructed, consisting of Special Provisions and Special Specifications to be issued in connection ..with the "Standard C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa Specifications for Highway and Bridge Construction," Series of 2001, Iowa Department of Transportation, and the current Supplemental Specifications for Construction Projects. 5.7 Prepare Final Submittal HR Green will coordinate and incorporate review comments by the City and Iowa DOT in final plans sets. The Consultant will submit to Iowa DOT for letting. All plan deliverables will be completed using the City's CADD File format and printing on 11 "x17" bond paper. 5.8 Engineer's Estimate of Probable Costs HR Green will prepare itemized estimates of the construction costs computed using the unit price data provided by the Iowa DOT. 5.9 QC Review HR Green will independently review and check the final bridge design, including final plans, special provisions, and construction cost estimates. The Consultant will address and incorporate review comments into the final submittals. Task 6 -Public and Agency Involvement 6.1 Community Involvement . HR Green will coordinate its community involvement with the City. Because of the short schedule for this project, the community involvement is anticipated to be minimal. Meeting attendance and exhibit preparation for one (1) meeting is all that is anticipated. 6.2 Field Review with Local, State, and Federal Agencies and Iowa DOT If needed, the Consultant will conduct a field review of the project area with local, state, and federal agencies and Iowa DOT and City staff as required to identify natural resource and other impacts. The need for this task will be based on input from agency representatives. For budgeting purposes, it is assumed that two consultant staff will attend one half-day field review. Task 7 -Final Geotechnical Design The final geotechnical design will be performed by Terracon Obtain the remaining subsurface data needed in order to provide geotechnical recommendations for structure support, stability, subsurface drainage, and to place limited soils information on profile drawings. 7.1 Subsurface Investigation Drilling and sampling a total of three (3) borings at the 2 abutments and 1 pier locations The borings will be drilled to depths of about 40 feet below the existing grade or auger refusal in limestone bedrock, whichever is less. Delayed groundwater level readings will not be obtained. Coordination with the Iowa Department of Transportation will be required since all borings will be on State Right-of-Way. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa Iowa "One-Call" will be contacted to locate all public utilities prior. Also, if there are any other restrictions or special requirements regarding the site of exploration, these should be provided by the City to us prior to commencement of field work. 7.2 Laboratory Evaluations In the laboratory, water content tests will be performed on the samples obtained from the borings. Dry unit weight and unconfined compressive strength tests will also be performed on select samples obtained from thin-walled tubes. Hand penetrometer. tests may also be performed on select native samples. Additional laboratory testing, including Atterberg limits, Standard Proctor, unconsolidated undrained triaxial shear strength tests and consolidation tests may also be performed to develop engineering recommendations for the project. The exact number and type of these tests will depend on the types of soils encountered. Native soil samples will be classified in accordance with the Unified Soil Classification System (USCS). 7.3 Engineering Analysis and Report Preparation After completion of the field and laboratory testing programs, the data and conditions will be analyzed and a report will be prepared. Recommendations will be made. Additionally, simplified results of the drilling and testing will be placed on the Type, Size, and Location (TS&L) plan to create a Soil Boring Profile Sheet. prepared according to Iowa DOT guidelines in the City's CADD File format for inclusion into the Final Bridge Plans. Task 8 -Bridge Lighting Lighting plans will be developed to pedestrian lighting that meets the selected aesthetic design requirements. Assumptions: • Assume that electric power can easily be obtained. • Assume that lighting will extend only 100' either side of the proposed bridge. • Assume pedestrian lighting levels will be required. • Assume special decorative lighting will be requested and need to be selected by Owner. • Assume a control cabinet will be located near the the bridge. Task 9 -Bidding Services 9.1 Bidders' Questions and Addendum The bridge will be let under the Iowa DOT procedures. As such, the bid set preparation and coordination is minimal. HR Green will answer bidder's questions and prepare addenda, if needed. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa Design Exclusions The bridge design consultant scope of services does not include: • Right-of-Way surveys (except as outlined in Task 2.6) • Utility Coordination (except for utilities needed or in direct conflict with the bridge. Along with new utilities attached to or incorporated into the new bridge.) • Work zone lane closures on I-80 for field investigations (only minor warning signs are planed.) • Public Involvement (except for items listed in Task 6.) • Identification of Right-of-Way needs. • Bidding assistance (except as outlined in Task 9.) • Construction Services C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company Project No. XXXXXX II. Time of Completion North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa HR Green shall complete the following phases of the Project in accordance with the schedule shown. Notice to Proceed: Concept Statement: Preliminary Plans: Check Plans: Final Plans and PDC: Contract Turn-in: Letting Date: February 9, 2009 (Estimated) February 13, 2009 March 10, 2009 March 31, 2009 April 21, 2009 May 5, 2009 July 21, 2009 The completion of the project is subject to the review and approval process of agencies beyond the control of both the City of Iowa City and Howard R. Green Company. The performance of the project is also subject to influence from the public and political processes. III. GENERAL TERMS A. HR Green 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 ihdividual 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, HR Green shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the cost not to exceed listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of HR Green by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but HR Green 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 HR Green for the project shall be available by said City upon reasonable request to HR Green. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company Project No. XXXXXX North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa G. At the request of the City, HR Green 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. HR Green 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 HR Green 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, HR Green shall not be liable for the City's use of such documents on other projects. HR Green agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender HR Green all fees in a timely manner, excepting, however, that failure of HR Green 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. HR Green shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, HR Green 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. HR Green agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for HR Green's negligent acts, errors and omissions to the City in the sum of $1,000,000. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge I80 Ped.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa IV. COMPENSATION FOR SERVICES HR Green shall be compensated for actual services performed, including direct costs, as identified in Part I of this Agreement. The total compensation shall not exceed $169,414. The approximate cost for each task is as follows: Task 1: Project Management and Administration $ . 13,796 Task 2: Survey $ 15,525 Task 3: Conceptual Bridge Design $ 4,192 Task 4: Preliminary Design $ 27,080 Task 5: Final Design $ 85,262 Task 6: Public and Agency Involvement $ 6,228 Task 7: Final Geotech Design $ 6,785 (Subconsultant) Task 8: Bridge Lighting $ 8,374 Task 9: Bidding Services $ 2,172 Total: V. MISCELLANEOUS $169,414 A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FORTH TY r By: By: Title: Title Date: 2 / 10 / 2009 Dal ATTEST: City -Clerk Approved by: City Attorney's Office Date C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc HOWARD R. GREEN COMPANY: PROJECT BUDGETING WORKSHEET PROJECT NAME: North Dod a Street Pedestrian Brid a over I-80 PROJECT NUMBER: CLIENT: Iowa Cd CLIENT CONTACT: Ron Knocke PROJECT MANAGER: David Maxwell TOTAL HOURS 11 149 70 50 138 14 404 88 340 11 61 36 %OFTOTALCOST 1.3% 15.0% 6.2% 5.5% 12.2% 1.2% 19.1% 4.2% 16.1% 1.0% 5.6% 1.3% ask ESCRIPTION OF TASK IC SR PROD MGR PROJ MGR SR PROD ARCH SR TECH ADV SR PROJ ENG PROJ. ARCH. STAFF ENG STAFF ARCH ENG TECH II CADD TECH 11 REG LAND SURV 1 PER WI GPS OR ROB 2 PER W/GPS OR ROB FIELD SERV MGR FIELD TECH II ADM ASST 1 PROJECT MANAGEMENT AND ADMIN 4 46 2 4 8 2 - 20 2 SURVEY 20 11 61 - 3 CONCEPTUAL DESIGN 16 16 ~ - - 4 PRELIMINARY DESIGN 2 31 12 100 40 80 - S FINAL DESIGN 5 40 26 28 136 4 272 48 202 /6 6 PUBLIC AND AGENCY INVOLVEMENT 8 6 4 6 8 12 - 7 FINAL GEOTECHNICAL DESIGN Terracon - 8 BRIDGE LIGHTING 3s 2 24 - 9 BIDDING SERVICES S 4 - - Stall Classification l.a nd PIC - Prind I in Cha e SR PROD MGR -Senior Pro ed Man er PROJ MGR - Pro'ed Man er SR PROJ ARCH -Senior Pro d Archhed SR TECH ADV -Senior Technical Advisor SR PROD ENG -Senior Pro'ed E sneer PROD ARCH - Pro ed Archited STAFF ENG -Staff En sneer STAFF ARCH -Stag Archiled ENG TECH II - En sneer Technician II CADD TECH II - Cadd Technidal II REG LAND SURV - R istered Lantl Sure or 1 PER W/GPS OR ROB - 1 Person Surve Crew with GPS 1 PER W/GPS OR ROB - 2 Person Survey Crew with GPS FIELD SERV MGR -Field Services Manager FIELD TECH II -Field Technidan II ADM ASST -Administrative Assistant O'\Pro11621260P\WP-020409-N Dodge I60 Ped.xls Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of , by and 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 HR Green. ~ WHEREAS, the design of a new pedestrian bridge over Int rstate 80 (I-80) along North Dodge Street in Iowa City, wa has been requested by the City. his project is to complete the design of the proposed brid according to Iowa Department of ransportation and American Association of State HI hway and Transportation Offici Is guidelines. NOW THEREFORE, it is a reed by and betweer}/the parties hereto that the City does now contract with the Consultant to rovide services as et forth herein. SCOPE OF SERVICES Consultant agrees to perform the fo wing se ices for the City, and to do so in a timely and satisfactory manner. Task 1 - Pro'ect Mana ement and A inistration 1.1 Development of Detailed Work Pla Prepare a detailed work plan with specif' staff as ~gnments, by task, corresponding to the schedule. 1.2 Coordination with City Maintain communications with City Iowa City. On a m thly basis meet with City staff to review progress or to discuss speci Ic elements of the proj ct (assume two (2) consultant staff will attend three (3) meetings). Pr are minutes of meetings nd keep documentation of other communications. 1.3 Subconsultant Managem nt This project will involve m agement of subconsultants for e purpose of geotechnical consultation. 1.4 Project Monitoring~d Progress Reports Maintain the system fo onitoring progress and expenditures to allow m nthly tracking by task. Prepare and submit monthly progress reports outlining the following: • Activities during the reporting period and activities planned for the fol wing month, • Problems encountered and recommended solutions, and • Overall status. - ~ C` C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company Project No. XXXXXX North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa 1.5 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the Plan. Task 2 -Survey 2.1 Horizontal and Vertic~l Control Surveys Establish three (3) permanent horizontal control points and three (3) vertical control benchmarks. Control point''#ies will be established for three permanent horizontal control points. Control point ties will be drafted for the G-sheet. 2.2 Topographic Survey A 3400-foot topographic survey extending from Nort gate Drive on the north south to the end of the existing sidewalk on the west side on North D dge Street. The width of the survey will be from the west edge of pavement on North Dodg Street to the west Right-of-Way line for the portions north and south of I-80 and,approxim ely 150-feet wide from the west side of the existing North Dodge Street Bridge over I-80. eatures located will include break lines, trees, roadway centerline and edges, sidewalk;',and p rtinent bridge features. 2.3 Utility Survey A utility survey shall be performed for the Call" representative will be contacted for elevations (when possible) will be obtaine are visible or have been marked on the gr the soil boring contractor, will be located Excavating to expose buried utilities is phone, gas, fiber optic, water main storm sewer. Elevations will be es assumed that utility information, inc HR Green. A coordinate listing of utilities with elevations provided for name and describe the utility on t the CADD file base map. ~oject area. Utility owners of record and the "One ~ Design Information Request. Coordinates and ~r tilities that fall within the limits of the project and nd the utility owner. Utility locates, requested by Dnjun tion with the soil borings. part oft 's contract. Utilities to be surveyed include e listing and the plot. H Green will incorporate utilities into o erhead and derground electrical, sanitary sewer and t lished for sanit ry and storm sewers at structures. It is I ding utility owner ontact information, will be collected by he points surveyed nd a plot showing the field surveyed sanitary and storm se ers shall be developed. Show utility 2.4 Survey Soil Boring Loca ons HR Green will provide the bor g station locations and coordinat s for soil borings with ground elevations at each boring. It ' estimated that 3 soil borings will b staked. 2.5 Right-of-Entry Right-of-Entry to properti s for surveying associated with design of e bridge will be obtained by HR Green. This inc des contacting the Iowa DOT for access al g I-80. It is anticipated that HR Green will ac ire right-of-entry from one (1) parcel. 2.6 Right-of-Way Surveys Right-of-Way surveys will consist of re-establishing the western right-of-way line of North Dodge Street from Northgate Drive south to I-80. Approximate property lines will be shown. It is anticipated that no additional right-of-way, permanent easements, or temporary easements will be acquired as part of this project. Existing right-of-way information from the previously completed North Dodge Street improvements will be used to establish the right-of-way line south of I-80. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company Project No. XXXXXX Task 3 -Conceptual Bridge Design North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa 3.2 Concept Statement HR Green will develop the Concept Statement ccording to the Iowa Department of Transportation (DOT) requirements and prepare fors bmittal of the statement by the City to the Iowa DOT. 3.2 Determine Approximate Bridge Parameters The intent is to develop a pedestrian bridge bas d on the Iowa Department of Transportation October 27, 2008 d ft and the proposed I-80 Co ridor Aesthetic Enhancements. Determination will be made as to at portion of the bridge hancements will be completed as part of this project and what can b completed with a folio on project. Task 4 - A preliminary bridge design will e prepared or the North Dodge Street Pedestrian Bridge over I-80. The trail limits shall be No gate Dri e on the north and the existing trail end near ACT Circle on the south. 4.1 Coordination with Soils Design Determine the number of and establis proposed locations for structure soil borings for foundation analysis and design through c rdination between the geotechnical staff and the design engineer. The type, number a d a roximate depth of the foundation investigation borings will be agreed upon by the proje t team. It is anticipated that 3 borings will be required. 4.2 Structure Type, Size and Loca Prepare a 1 "=20' scale Type, Size, a Situation Plan and a General EI Show roadway curve and profile da in accordance with Iowa DOT ant review and approval. The delivers paper. ~ ~ (TS8~L) PI s t Location (TS L) plan for the proposed bridge. Includes ation consisting f a longitudinal section along the trail. ,and projected tra ~c data. TS&L plans shall be prepared Iowa DNR requirem nts to facilitate preliminary agency e will be in the City's ADD File format on 11 "x17" bond 4.3 Preliminary Trail Plan Devel pment Prepare preliminary trail plans epicting the proposed geometr s, paving, drainage, utility improvements, and other feature of the Project. Trail will be desig ed in accordance with the Iowa DOT Local Systems and SHTO design standards. Deve p preliminary plan and profile that shows the existing t ography along with the proposed imp vements. Design the geometric layouts of the interse ions at each ramp. Layout permanent pa ment markings and traffic signing per the Manual o Uniform Traffic Control Devices (MUTCD). velop the typical cross section for the proposed i provements, and using this typical section, develop preliminary cross sections showing existi and proposed elevations, grading information, pavement, and any other pertinent information. Cross sections will be developed at 50-foot intervals. 4.4 Quality Control/Quality Assurance Review preliminary bridge/culvert design work. Verify calculations independently. Address and incorporate review comments into the final submittals. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company Project No. XXXXXX North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa 4.5 Bridge Aesthetics Plans Prepare bridge aesthetics design plans based on the I-80 Corridor Aesthetic Enhancement recommendations. This includes railing design, bridge approach treatments, pier and abutment treatments, trailhead design, special paving and concrete structures and coordination with lighting design. Determine what portion of this work will ~e included in the final plan and how future aesthetic modifications can be accounted for in this roject. Task 5 -Final Design Final bridge design will be prepared for the North dge Street Pedestrian Bridge over I-80. The trail limits shill be Northgate Drive on the Wort and the existing trail end near ACT Circle on the south. ~ 5.1 Structural Analy 's -Calculations HR Green will determi final member sizes, re uired reinforcing steel, and connection details for the final plans, based the approved preli nary plans. Design shall be in accordance with the AASHTO LRFD Bridge esign Specificatio s, current edition at the time the design contract is executed, plus current in rim specificati ns. Structures design shall meet the design requirement established by the owa DOT fo a September 2007 letting. The live load for the pedestrian bridge will be determin d during sign. 5.2 Final Bridge Plan Developme HR Green will compile plan sheets, cifications, detailed quantities, and standard detail designs for submittal at various milest e points for the bridge (see section II -Time of Completion). Plans will be developed ac ording to applicable Iowa Design Standards and standard drawings as required. Special design details will be develop~d for aesth~c treatments to the bridge structure. 5.3 Final Trail Plan Develop Based on the approved prelil provisions, and detailed quantiti the I-80 /North Dodge Stre intersections.. Reconstructio westbound I-80 is also inclu ec profile, staging and traffic co geometric staking details, orm ni ary design, HR G en will compile plan sheets, special for the construction o e proposed trail improvements within Interchange including destrian crossings at the existing of the right turn lane from uthbound North Dodge Street to I. Plan sheets will include ty ~ al sections, removals, plan and itrol, pavement markings and signage, signal modifications, sewer, and cross sections. 5.4 Quantity Calculations HR Green will identify t required unit bid items and calculate quantiti sin accordance with the Iowa DOT Standard S cifications. 5.5 Prepare 100% Unreviewed (Check Plans) Submittal HR Green will submit 100% unreviewed (Check Plans) for City and to DOT review of compliance and intent with design standards and code requirements. All plan deliverables will be completed using the City's CADD Fite format and printing on 11 "x17" bond paper. 5.6 Special Provisions HR Green will prepare specifications covering the work to be constructed, consisting of Special Provisions and Special Specifications to be issued in connection with the "Standard C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa Specifications for Highway and Bridge Construction," Series of 2001, Iowa Department of Transportation, and the current Supplemental Specifications for Construction Projects. 5.7 Prepare Final Submittal HR Green will coordinate and incorporate review comments by the City and Iowa DOT in final plans sets. The Consultant will submit to Iowa DOT for letting. All plan deliverables will be completed using the 11 "x17" bond paper. 5.8 Engine 's Estimate of Probable Costs HR Green wl prepare itemized estimates of the price data provi d by the Iowa DOT. 5.9 QC Review HR Green will indepen r special provisions, and co review comments into the fi review and check th ction cost estimates. submittals. / -P 6.1 Community Involvement HR Green will coordinate its community i schedule for this project, the community i v attendance and exhibit preparation for one 1) CADD File format and printing on ction costs computed using the unit /final bridge design, including final plans, he Consultant will address and incorporate ;ment with the City. Because of the short ment is anticipated to be minimal. Meeting ~tinq is all that is anticipated. 6.2 Field Review with Local, State, a Federal Age ies and Iowa DOT If needed, the Consultant will conduc afield review oft project area with local, state, and federal agencies and Iowa DOT and ity staff as required to 'dentify natural resource and other impacts. The need for this task itl be based on input fr agency representatives. For budgeting purposes, it is assumed at two consultant staff will at nd one half-day field review. Task 7 -Final Ge The final geotechnical desigr~will be performed by Terracon. Obtain the remaining subsurface data needed in order to provi geotechnical recommendations for str cture support, stability, subsurface drainage, and to pla a limited soils information on profile dr wings. 7.1 Subsurface Investigation ` Drilling and sampling a total of three (3) borings at the 2 abutments and 1 pier locations The borings will be drilled to depths of about 40 feet below the existing grade or auger refusal in limestone bedrock, whichever is less. Delayed groundwater level readings will not be obtained. Coordination with the Iowa Department of Transportation will be required since all borings will be on State Right-of-Way. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa Iowa "One-Call" will be contacted to locate all public utilities prior. Also, if there are any other restrictions or special requirements regarding the site of exploration, these should be provided by the City to us prior to commencement of field work. 7.2 Laboratory Evaluations In the laboratory, water content tests will be performe n the samples obtained from the borings. Dry unit weight and unconfined compressive s e gth tests will also be performed on select samples obtained from thin-walled tubes. H penetrometer tests may also be performed on select native samples. Additional labor ory testing, including Atterberg limits, Standard Proctor, `unconsolidated undrained triaxial sh r strength tests and consolidation tests may also be perfor ed to develop engineering rec mendations for the project. The exact number and type of ese tests will depend on th types of soils encountered. Native soil samples will be classifie in accordance with the U fled Soil Classification System (USCS). 7.3 Engineering Analysis a d Report Prepara on After completion of the field a d laboratory to ing programs, the data and conditions will be analyzed and a report will be repared. ecommendations will be made. Additionally, simplified results of the drilling a testing ill be placed on the Type, Size, and Location (TS&L) plan to create a Soil Boring file S eet. prepared according to Iowa DOT guidelines in the City's CADD File format for inclusio in the Final Bridge Plans. Task 8 -Bridge Lighting Lighting plans will be developed top destrian li ting that meets the selected aesthetic design requirements. Assumptions: • Assume that electric pow can easily be obtai ed. • Assume that lighting will xtend only 100' either 'de of the proposed bridge. • Assume pedestrian ligh ng levels will be required. • Assume special decor ive lighting will be requeste nd need to be selected by Owner. • Assume a control cab' et will be located near the the idge. 9 -Bidding Services 9.1 Bidders' Questions and Addendum ` The bridge will be let der the Iowa DOT procedures. As such, the coordination is minim ' HR Green will answer bidder's questions needed. set preparation and prepare addenda, if C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company Project No. XXXXXX Design Exclusions North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa The bridge design consultant scope of services does not include: • Right-of-Way surveys (except as outlined in Task 2.6) • Utility Coordination (except for utilities needed or in direct conflict with new utilities attached to or incorporated into the new bridge.; • Work zone lane closures on I-80 for field investigations (only mirk planed ) • Public I olvement (except for items listed in Task 6.) • Identificatl of Right-of-Way needs. • Bidding assi nce (except as outlined in Task 9.) • Construction S ices the bridge. Along r warning signs are C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge I80 Ped.doc Howard R. Green Company Project No. XXXXXX II. Time of Completion North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa HR Green shall complete the following phases of the Project in accordance with the schedule shown. Notice to Proceed: Concept Statement: Preliminary Plans: Check Plans: Final Plans and PDC Contract Turn-in: Letting Qate: February 9, 2009 (Estimated) February 13, 2009 March 10, 2009 March 31, 2009 April 21, 2009 May 5, 2009 J July 21, 2009 The compeet of the project is subject to the review and app val process of agencies beyond the control of both e City of Iowa City and Howard R. Green C mpany. The performance of the project is also su 'ect to influence from the public and polit' al processes. III. GENERAL TER S A. HR Greens II not commit any oft following employment practices and agrees to prohibit the foll ing practices in an subcontracts. 1. To dischar or refuse hire any individual because of their race, color, religion, sex, tional or gin, disability, age, marital status, gender identity, or sexual orientati 2. To discriminate ag st any individual in terms, conditions, or privileges of employment beca s of their race, color, religion, sex, national origin, disability, age, m ital st us, gender identity, or sexual orientation. B. Should the City termi to this Agre ment, HR Green shall be paid for all work and services performed to the time of rmination. However, such sums shall not be greater than the co t not to exceed liste in Section IV. The City may terminate this Agreement upon ven (7) calendar days' ritten notice to the Consultant. C. This Agreeme shall be binding upon the s ccessors and assigns of the parties hereto, provi d that no assignment shall be wit ut the written consent of all Parties to said Agr ment. D. It is and stood and agreed that the retention of HR G en by the City for the purpose of the roject shall be as an independent contractor an shall be exclusive, but HR Gre shall have the right to employ such assistance may be required for the pe rmance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by HR Green for the project shall be available by said City upon reasonable request to HR Green. The City agrees to furnish att reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company Project No. XXXXXX North Dodge Street Pedestrian Bridge over I-80 Iowa City, Iowa G. At the request of the City, HR Green 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. HR Green agrees to furnish, upon terminati n of this Agreement and upon demand by the City, copies of all basic notes and ketches, charts, computations, and any other data prepared or obtained by HR een 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 vent, HR Green shall not be liable for the City's use of such documents on other pr jects. I. HR Green agrees to furnish all report ,specifications, and drawings, with the seal of a professional engineer affixed theret or such seal as required by Iowa law. J. Th City agrees to tender HR Gree all fees in a timely manner, excepting, however, that lure of HR Green to satisf torily perform in accordance with this Agreement shall co titute grounds for the C y to withhold payment of the amount sufficient to properly c plete the Project in cordance with this Agreement. K. Should any se 'on of this Agre ment be found invalid, it is agreed that the remaining portion shall be erred seve able from the invalid portion and continue in full force and effect. L. Original contract drawing all become the property of the City. HR Green shall be allowed to keep mylar repr ucible copies for the Consultant's own filing use. M. Fees paid for securing prova f authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this a Bement, HR Gr n acknowledged that Section 362.5 of the Iowa Code prohibit a City officer or em oyee from having an interest in a contract with the City, and ertifies that no emplo e or officer of the City, which includes members of the C' y Council and City boards d commissions, has an interest, either direct or indirect in this agreement, that does of fall within the exceptions to said statutory provisi n enumerated in Section 362.5. ~,~ _~ O. HR Green a rees at all times material to this Agreement to have and maintain professional iability insurance covering the Consultant's liability for HR Green's negligent ac s, errors and omissions to the City in the sum of $1,000,000. C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc Howard R. Green Company North Dodge Street Pedestrian Bridge over I-80 Project No. XXXXXX Iowa City, Iowa IV. COMPENSATION FOR SERVICES HR Green shall be compensated for actual services performed, including direct costs, as identified in Part I of this Agreement: The total compensation shall not exceed $169,414. The approximate cost for each task is as follows: Task 1: Project Management and Administration $ 13,796 Task 2: Survey $ 15,525 Task 3: Conceptual Bridge Design $ 4, 92 Task 4: Preliminary Design $ 27,080 Task 5: Final Design $ ,262 Ta 6: Public and Agency Involvement $ 6,228 Tas :Final Geotech Design 6,785 (Subconsultant) Task 8. Bridge Lighting 8,374 Task 9: 'ding Services ~ $ 2,172 1 Total: ~( $169,414 V. MISCELLAN A. All provisions o e Agreement sha be reconciled in accordance with the generally accepted standar of the Engineer' g Profession. B. It is further agreed tha there are o other considerations or monies contingent upon or resulting from the exe ution o this Agreement, that it is the entire Agreement, and that no other monies or co ider tions have been solicited. FOR THE CITY By: Title: Date: ATTEST: FOR THE CONSULTANT By: Date: Approv~ by: City Attorney's Office ~~~~1~~ Date ~._/ C:\Documents and Settings\dmaxwel\Desktop\SOS-020409-N Dodge 180 Ped.doc HOWARD R. GREEN COMPANY: PROJECT BUDGETING WORKSHEET PROJECT NAME: North Dodge Street Pedestrian Bridge over I-80 PROJECT NUMBER: CLIENT: Iowa City -_ CLIENT CONTACT: Ron Knocke PROJECT MANAGER: David Maxwell TOTAL HOURS %OF TOTAL COST 11 1.3% 149 5.0% 70 6.2% 50 5.5% 138 12.2% 14 L2% 404 19.1% 88 4.2% 340 16.1% 11 1.0% 61 5.6% 36 1.3% ask ESCRIPTION OF TASK IC SR PROD MGR J M SR PROJ ARCH SR TECH ADV SR PROJ EN ROJ. ARCH. TAFF ENG TAFF ARCH NG TECH II ADD TECH II REG LAND SURV 1 PER W/ GPS OR ROB 2 PER W/ GPS OR ROB FIELD SERV MGR IELD TECH II DM ASST 1 PROJECT MANAGEMENT AND ADMIN 4 46 - 2 4 8 2 - - 20 2 SURVEY 20 11 61 3 CONCEPTUAL DESIGN 16 16 4 PRELIMINARY DESIGN 2 31 12 - 100 40 80 - - 5 FINAL DESIGN 5 40 26 26 136 4 272 48 202 16 6 PUBLIC AND AGENCY INVOLVEMENT 8 6 4 - 6 8 12 - 7 FINAL GEOTECHNICAL DESIGN (Terracon) - - 6 BRIDGE LIGHTING 3 2 24 9 BIDDING SERVICES - 6 4 - - Stafl Classification Legend PIC -Principal in Charge SR PROJ MGR -Senior Project Manager PROJ MGR -Project Manager SR PROD ARCH -Senior Project Architect SR TECH ADV -Senior Technical Advisor SR PROJ ENG -Senior Project Engineer PROJ ARCH -Project Architect - -- STAFF ENG -Staff Engineer STAFF ARCH -Staff Architect _ ENG TECH II -Engineer Technician II - CADD TECH II - Cadd Technicial II _ - REG LAND SURV -Registered Lard Sureyor 1 PER WIGPS OR ROB - 1 Person Survey Crew with GPS 1 PER W/GPS OR ROB - 2 Person Survey Crew with G PS FIELD SERV MGR -Field Services Manager FIELD TECH II -Field Technician II _ ADM ASST -Administrative Assistant O'.tDrot1521260P\WP-02049-N Dodge I80 Ped.xls M~~ 29 Prepared by: Dave A. Panos, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 09-45 RESOLUTION APPROVING THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SG LAND LC 8~ SG LAND II LC FOR THE CONSTRUCTION OF THE tOWA RIVER BANK REPAIR PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. WHEREAS, the City of Iowa City ("City") desires to construct the Iowa River Bank. Repair Project ("Project"); and WHEREAS, SG Land LC & SG Land II LC ("Owner") has agreed to grant a temporary construction easement for the purposes of accessing and constructing River Bank Repairs in connection with said Project; and WHEREAS, it is in the public interest for the City to approve the terms of the easement agreements with SG Land LC & SG Land II LC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Temporary Construction Easement Agreement between the City of Iowa City and SG Land LC & SG Land II LC for the Iowa River Bank Repair are hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign .and the City Clerk to attest the attached agreement. The City Clerk is authorized and directed to certify a copy of this resolution for recording along with the easement agreement at City expense. Passed and approved this 10th day of Febr r 0 09 M Y Approved by ATTEST: /~- .lACc,/U I~I.G' ~~l ~ CITY C ERK City Attorney's Office ~ 13~~~°! Resolution No. 09-45 Page 2 It was moved by Wright and seconded by champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion g Correia ~ Hayek x O'Donnell ~_ Wilburn x Wright wpdata/glossary/resolution=ic.doc Prepared by: Dave A. Panos, Senior Civil Engineer; 410 E. Washington St.; Iowa City, IA 52240; 319-356-5145 Return Address: City Attorney's Office; 410 East Washington Street, Iowa City, IA 52240 Legal Description: Auditors Parcel No. 2007065, Iowa City, Johnson County, Iowa Taxpayer Information: SG Land LC & and SG Land II LC; 755 Mormon Trek Boulevard, Iowa City, Iowa 52246 Grantor(s): SG Land LC & and SG Land II LC. Grantee(s): City of Iowa City TEMPORARY CONSTRUCTION EASEMENT AGREEMENT Iowa River Bank Repair THIS AGREEMENT, made and entered into by and between SG Land LC 8~ and SG Land II LC, hereinafter "OWNERS", Durham School Services, hereinafter "TENANT", and the City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNERS and CITY agree as follows: 1. OWNERS state and covenant that they aze the owner of certain real estate described on Exhibit A attached hereto, by virtue of legal and/or equitable title, that they are lawfully seized and possessed of said real estate, and that they have good and lawful right to convey this easement. 2. OWNERS do hereby grant and convey to CITY a temporary construction easement in, over and across that portion of OWNERS' property described as "Temporary Construction Easement" and shown on Exhibit A attached hereto (hereafter "Temporary Easement") for the purpose of facilitating CITY's construction of the Iowa River Bank Repair "public improvement", which grant to CITY shall include the right to perform the necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said public improvement. 3. The term of this Temporary Construction Easement will be for the period of time required by CITY to complete the construction of the public improvement, but in no event shall the duration of the Temporary Construction Easement extend beyond two (2) yeazs from the date this Agreement is executed. 4. With respect to the Temporary Construction Easement, OWNERS grant the following rights: 2 a. CITY shall have the right to make excavations within the Temporary Easement area, and to grade as CITY may find reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction and to promptly fill said excavations following construction. b. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Area, excluding the replacement of trees, shrubs and brush in the Easement Area. Not. withstanding this provision, the City shall replace trees, shrubs and brush within the Easement Area installed pursuant to the Landscape Plan for the South Gilbert Street Bus Facility dated June 26, 2007. CITY shall indemnify OWNERS against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Area; c. CITY shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to OWNERS, subject to the limitations set forth in Paragraph 7 below; d. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of CITY's rights pursuant to this Temporary Easement Agreement. 5. CITY covenants and agrees that existing driveway, fences, underground drainage the or other site features, with the exception of trees, shrubs and brush, which aze removed, disturbed, or visibly damaged during construction shall, to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed azeas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all azeas within the Temporary Easement Area which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition, with the exception of the replacement of trees, shrubs and brush. 7. CITY covenants and agrees to the following access restrictions: A. Monday -Wednesday. and Friday: No heavy construction vehicle access shall be allowed along the Existing Facility Entrance (as shown on Exhibit A) prior to 9:30 a.m. and after 1:30 p.m. B. Thursdays: No heavy construction vehicle access shall be allowed along the Existing Facility Entrance (as shown on Exhibit A) prior to 9:30 a.m. and after 12:30 p.m. 8. CITY covenants and agrees to provide and place, south of the OWNERS' existing driveway on South Gilbert within the area of the existing storm sewer outlet, four (4) 10-15 Ton loads of revetment stone in consideration of the OWNERS granting the easement rights contained herein. 9. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson .County Recorder's Office, at CITY expense. 10. TENANT acknowledges that OWNER has the right to convey this easement and agrees to abide by the terms set forth herein. SIGNED this /a day of 1'E62ct~R ~_, 2009. OWNERS SG LAND LC & SG LAND II LC ~- ... Dy~ Dennis Craven, Manager TENANT D SCHOOL SERVICES By: ~~~~5 ~~ e~~e,1,. Curtis Wheeler, General Manager CITY OF IOWA CITY c By: Regen3'a .Bailey, Mayor By: ~ Marian K. arr, City Clerk Approved by: ~K~-,~/ City Attorney's Office ~ 30 ~ v ~ 4 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) ^~~ This instrument was acknowledged before me on Icy day of ~~ 2009, by Regenia D. Bailey and Marian K. Karr, as Mayor and City Clerk of the ity of Iowa City, a municipal corporation; 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 its City Council. C1, ~~ Notary Public in and for the State of Iowa SG LAND LC ACKNOWLEDGEMENT STATE OF IOWA (Stamp/Seal) o R'~~,r~ SONDRAE FORT a ~ Commission Number 159791 ' ~ rcw My Commission Expires 3 7 ~w ss: JOHNSON COUNTY ) ~ 1 T 's instrument was acknowledged before me on uicuo! /~ 2009 by ~~'~~ ~f~Z~.y`~~ as of L~n.d L ~ a `~ Notary Public in and for the State of Iowa ~ G ~`~` TERESA L. MORRC :`- ~,~~ ~ CommissionWumberl%:y9 • My Commi an Ex :;s (Stamp or Seal) r ~ } ~ ~ 9 SG LAND II LC ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) is instrument was acknowledged before me on ~/3 , 2009 by C~^''~ ~~2~w`G•v as ~slr L,a~,-d- TL L e- 4- ~ „~ TERESA L. MORROW Notary Public in and for the State of Iowa Commission Number 149499 My Commis ion Expires /I• ~•D 5 (Stamp or Seal) DURHAM SCHOOL SERVICES ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) i~r This instrument was acknowledged before me on /3 , 2009 b ~ S VYhu.~- as /X,~6Gl~~j~R/tao,P~ of , ta+rc- SPil.rn X20 ~~`~~'~~ o,T9`'"~ TERESA L. MORROW Commission Number 149499 Notary Public in and for the State of Iowa iay commission res ow di- • p (Stamp or Seal) m ~ i Zo z ~' V i ~~ ~~ Z u' // ~ V / 1 O J { 1 O ~ /J/ ° y ~ o m ~ - ~ O Z ~ x 4 I ~gA~Z~ ~~ _ _ _ .~ .- _ _ ._...._.., .. xMx xlW11M ^\N ~ ~ 1 , _ __ _ _ _ ____ ' / L . 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Q -- p o P O In . ^ ( ) e + 3 tb P ~-y~' ~ ao~ p N A) An -AO`~3 Q.+ IV. O O W r P ~ g ', ~ p n O ~ S. ~ ~ 3 ASP JP (O L 3 Z ~'~P ~ Q~30 0' A) ~ ~ APP n VO O 33 3 O ~ ° ~ O a-F P A Q ~ Q = ~ e0i~ ~! 3 IOA P h'< P ~ ~ sz a co to m ~ ~ ~1~~' 30 Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 09-46 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 ANDERSON-BOGERT ENGINEERS AND SURVEYORS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE BURLINGTON/MADISON INTERSECTION AND MEDIAN PROJECT. WHEREAS, the CITY of Iowa City and University of Iowa desires to improve and expand capacity at the intersection of Burlington Street and Madison Street in preparation for the future UI Recreation and Wellness Center street system; and WHEREAS, the construction of medians within Burlington Street will improve pedestrian and vehicle safety between the Iowa River and Capitol Street in Iowa City; and WHEREAS, the utilities within this corridor need improvement and maintenance; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the Burlington/Madison Intersection and Median Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Anderson-Bogert Engineers and Surveyors, Inc. to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Anderson- Bogert Engineers and Surveyors, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Consultants Agreement in duplicate. Passed and approved this 10th day of February , 2009. May Ap~'roved by' ~~~) ,J ATTEST: '~'~c'v r1 City erk City Attorney's Office / ~~ ~, I q Resolution No. 09-46 Page 2 It was moved by Wilburn and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion g Correia x Hayek ~_ O'Donnell x Wilburn g Wright wpdata/glossary/resolution-ic.doc CONSULTANT AGREEMENT fi~ THIS AGREEMENT, made and entered into this /0 day of ~E 2 , 2009, by and between the City of Iowa City, a municipal corporation, hereinafter referr d to as the City and Anderson-Bogert Engineers & Surveyors, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. WHEREAS the City desires to improve pedestrian safety on Burlington Street and better manage traffic flow in consideration of expected future construction and development; WHEREAS Burlington Street carries an average daily traffic volume of about 24,000 vehicles per day and is an important street in the City transportation network; WHEREAS pedestrian traffic currently crosses Burlington Street, uncontrolled at mid-block ..locations; WHEREAS the University of Iowa is in the process of building a new Recreation and Wellness Center that could generate as many as 4,000 pedestrians crossing Burlington Street at Madison Street; WHEREAS Anderson-Bogert Engineers & Surveyors, Inc. have been involved in preparing the Burlington Street Corridor Median Project Study, and have unique knowledge concerning this particular area; 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. 1. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. 1. PRELIMINARY DESIGN a. Utility Research -The CONSULTANT will perform office research to gather information pertaining to existing utilities in the project area. In addition, inquiry will be made regarding the future needs and plans of the utility companies in the project area. b. Public Outreach -The CONSULTANT will conduct public outreach consisting of individual, one-on-one meetings with the following property owners: i. Kum & Go ii. Apartment buildings east of Kum & Go iii. Lovetinski's Auto iv. University of Iowa At this time, we anticipate up to two outreach meetings with each property owner, for a total of 8 meetings. -2- c. Review Design Standards -The CONSULTANT will review the design standards applicable to the development of the project. Coordination with the appropriate utilities is required in order to accommodate all facilities impacted by the project. d. Design Surveys -The CONSULTANT will perform field surveys to establish vertical and horizontal control points tied to the CITY's datum. The CONSULTANT will research property records to establish the locations of existing property lines, right-of-way lines and property ownership for the properties affected by the project and incorporate this data into the base map. The CONSULTANT will also research underground utility locations with the various property owners and utility companies and plot their locations on the based map. Utilities to be researched include field tiles, sanitary sewer, storm sewer, electric, gas, water, telephone, cable television and fiber optic lines. This will include a joint meeting with the utility companies having facilities located in the project area prior to the initiation of field tasks. . e. Base Map Preparation -The CONSULTANT will prepare base maps showing the information collected in the Utility Research and Design Survey tasks of the Preliminary Design. Existing ground contours and topographic information will be shown as required by the limits and detail of the design of the proposed facilities. The scale of the information will be suitable for the required detail. The plan sheets will be prepared in accordance with requirements to provide 22"x34" plans. Sheets will be plotted at half size and must maintain legibility and utilize typical civil drawing scales. f. Preliminary Plan Preparation -The CONSULTANT will utilize the base maps prepared in the Base Map Preparation task of the Preliminary Design to prepare preliminary plans. The plans will be in substantial compliance with the project concept. The plan sheets will be prepared. in accordance with requirements to provide 22"x34" plans. Sheets will be plotted at half-size and must maintain legibility and utilize typical civil drawing scales. Also included in this task will be the following: i. Preliminary plan and profiles for the proposed improvements. ii. Preliminary typical cross sections for the proposed improvements. iii. Preliminary structural details if needed. iv. Provisions which may be necessary to accommodate future construction of the corridor such as the relocation of existing utilities or modification of existing connections. v. Identify constraints or conflicts that affect the anticipated cost of the proposed facilities as set forth in the concept plan. vi. Plan enlargements as required, showing the removals and proposed construction, including modifications to approach pavements and adjoining roadway pavements. vii. Preliminary traffic control plan. The plan will include provisions for temporary access to adjacent properties during construction as necessary. viii. Preliminary storm water pollution prevention plan. ix. Preliminary striping and signage plan. x. Preliminary landscaping plans, taking into consideration aesthetic features and benefits. Pedestrian traffic flow shall be included. xi. Update the construction cost opinion and evaluate compared to project budget. xii. Geotechnical investigations are specifically excluded from this scope of work. -3- xiii. Draft project specifications. g. Submittal to City -The CONSULTANT will prepare plans, specifications and construction cost opinion for submittal to the CITY for review. The submittal will be complete such that the plans may be reviewed as "Preliminary Plans" by the CITY. When submitting preliminary plans to the CITY, the plans will be half-size (11"x17"). This submittal will be made on or before the date established in the project plan. 2. FINAL DESIGN a. Check Plan Preparation -The CONSULTANT will prepare check plans which will include the comments from the University, Iowa DOT, and City review of the preliminary plans. The plan sheets will generally include the following as applicable for this project: i. Title Sheet ii. Quantity Estimate and References iii. General Notes iv. Plan and Profile Sheets v. Structural Detail Sheets (if needed) vi. General Site Plan vii. Structural Plan viii. Traffic Control Plan ix. Storm Water Pollution Prevention Plan x. Joint Detail Plan xi. Landscaping Plan xii. Permanent Striping and Signage Plan xiii. Construction Details xiv. Specifications b. Construction Cost Opinion -The CONSULTANT will prepare a construction cost opinion and budget review based on the check plans as submitted. c. Submittal to City -The CONSULTANT will prepare plans, specifications and construction cost opinion for submittal to the CITY for review. The submittal will be complete such that the plans may be reviewed as "Check Plans" by the CITY. When submitting check plans to the CITY, the plans may be half-size (11"x17"). This submittal will be made on or before the date established in the project plan. d. Quality Review by Design Team -The CONSULTANT will perform a field review regarding the quality of the design completed. Issues such as property owner concerns, coordination with utility companies and other agencies, and the maintenance aspects of the facilities will be considered while making the review. The input from a contractor will be included when appropriate. The accuracy and completeness of documents will also be scrutinized in order to minimize the need for modifications to the design. Any necessary modifications will be included in the documents following the quality review by the designer. e. Final Plan Preparation -The CONSULTANT will incorporate the comments of the CITY staff review of the plans in order to prepare "Final Plans". These will be completed and submitted on or before the date established in the project plan. 3. DESIGN SERVICES PROJECT MANAGEMENT a. Tracking and Project Schedule -The CONSULTANT will provide monthly updates of the project plan. The status of the plan will be presented at the monthly -4- 4. project review meetings. If the project is not on schedule, the CONSULTANT will present their approach for bringing the project back on schedule. b. Monitoring Project Scope -The CONSULTANT will inform the City of Iowa City and the University of Iowa of any services which may not be included in the scope of the design services contract. It will be the responsibility of the CONSULTANT to make the CiITY and the University aware of any potential change orders to the contract before the services are rendered. The CONSULTNANT may not be compensated for any services that are rendered prior to being approved. c. Monthly Project Review Meetings -The CONSULTANT will present information pertaining to the project at monthly project review meetings with the Project TAC. The information will include both technical and project management issues. The CONSULTANT will be responsible for keeping, preparing, and distributing minutes of the meetings. It is estimated there will be 12 monthly project review meetings over the life of the project. BIDDING AND CONTRACT AWARD The CITY will administer the construction bidding and awarding for the project contract. The CONSULTANT will satisfy all requirements and conditions of the CITY's process for bid letting prior to the dates required by the established project plan. The CONSULTANT will be available to address questions and prepare addenda during the bidding process. 5. CONSTRUCTION SERVICES a. Pre-construction Meeting -The CONSULTANT will attend and participate in the pre-construction meeting. b. Final Inspection -The CONSULTANT will conduct a final inspection with the CITY and the University to determine if the project has been completed in substantial accordance with the contract documents and to determine if the contractor has fulfilled all the obligations of the contract as they relate to the design. c. Record Construction Drawings -The CONSULTANT will prepare for the one set of reproducible drawings on showing those significant changes made during construction based on observations, construction notes, inspection reports, or other data provided to the CONSULTANT by CITY. The drawings will be printed on Mylar and the electronic files will be supplied on a compact disk. The electronic files will be in a compatible AutoCAD 2009 format. 6. SPECIAL DESIGN SERVICES The following services are included in this overall project scope (except for exclusions specifically listed in each special service) that are unique to this project a. Traffic Signal Pre-emption System Study. -The CONSULTANT shall prepare a detailed study and memorandum recommending specific traffic signal equipment to include in the project plans for emergency vehicle pre-emption. It is anticipated the intersections of Burlington Street with Madison Street and with Capitol Street will be targeted for this equipment. As part of the Study, the CONSULTANT will meet up to two times with Fire and Rescue officials. The CONSULTANT shall review the traffic signal preemption system being planned for Fire Station #4, near the intersection of Scott Boulevard and Dodge Street, to incorporate compatibility -5- of the recommended pre-emption system with the currently planned pre-emption system into the decision matrix. b. Water System - It is assumed the project design will include minor revisions to the water system (e.g., valve adjustments, hydrant relocations, service adjustments, etc.). This scope also includes water main replacement (abandon existing main and prepared construction documents for a new main) generally along Burlington Street, from Madison to Capitol (exact tie-in point to be determined during design). This work would include coordination with the Iowa City Water Department for service locations, new service design, and hydrant locations. It is understood the design should include provision for future extension of the main to the Heironymous development. The CONSULTANT will provide information to the CITY as needed for the CITY to prepare any necessary DNR permits for new water main. The construction documents will include plan, profile, standard details, any special details as required by local project conditions, quantity estimates, specifications, bid items, bid item descriptions, and other miscellaneous details to provide documents suitable for bidding and constructing the water main improvements. We also anticipate meeting with CITY Water Department staff up to two times (at least once in the field) to discuss the design and project conditions. At this time, there are no scope provisions for University of Iowa water main relocations or adjustments. c. Storm Sewer System - It is assumed the project design will include storm sewer analyses and design necessary to accommodate effects of narrower traffic lanes on intake spacing, and storm sewer repair/modifications within 100' either side of the centerlines of Burlington Street and Madison Street from Capitol Street to the bridge over the Iowa River. d. Street Lighting -This project scope includes relocating the street lighting system as needed along Burlington Street to accommodate the roadway widening. It is assumed the new lighting will match the style and spacing proposed for the new University of Iowa Recreational Facility. No photometric analysis or design is included in this scope of services. e. University Owned Utilities -This project scope assumes .the existing University owned steam tunnels and electrical vaults and conduits are situated such that the proposed improvements can be constructed over the top of the existing facilities, or a roadway design work around can be developed. There is no structural analysis or design of University Owned utilities included in this scope of services to modify, relocate, retrofit, or otherwise change the utilites to fit the proposed roadway improvements. Nor does this scope of services include analyses to determine the fitness of the existing structures to remain under the newly constructed roadway. It is also understood the excavation required to expose the surface of buried utilities (vault lids, steam tunnel roof, etc.) will be provided by the CITY or University to allow CONSULTANT to survey the horizontal and vertical locations of these underground structures. f. Front Street Entrance - It is anticipated up to two meetings will be required with University representatives to identify and develop improvement alternatives at the intersection of Front Street with Burlington Street. The current concept is right- in/right-out. This intersection needs to accommodate delivery trucks and traffic to the University water plant. This scope includes developing up to two entrance alternatives and refining the preferred .alternative into the project plans for construction. -6- g. Coordination with CRANDIC Railroad -The CONSULTANT will work with representatives of CRANDIC Railroad to identify the length of any railroad crossing extension and railroad crossing signal relocations. It is assumed the CRANDIC Railroad will design and arrange to build the railroad crossing and signal modifications. The CONSULTANT will also work with CRANDIC Railroad to incorporate the specifications and permits necessary to allow the project improvements to be constructed (e.g. provisions for railroad protective insurance, flagman requirements, conditions for working within the railroad right-of-way, etc.). It will be the CITY's responsibility to pay any review fees, application fees or other fees required by the railroad to make the necessary modifications. h. Coordination with University Representatives for the Recreation and Wellness Center -The CONSULTANT will attend up to two meetings with University representatives to coordinate construction activities on the Recreation and Wellness Center with proposed Burlington Street and Madison Street improvements. i. Revisit Traffic Study and Geometric Analyses at Madison and Burlington Intersection -Review the previous studies to date and build upon those studies to identify intersection geometric improvements to include in the project design for long term corridor performance. This effort will include comparing the latest traffic counts with previous traffic counts, reviewing traffic projections from the Recreation and Wellness Center traffic study, using the Synchro Traffic model of the Burlington Street corridor previously developed by the CONSULTANT to evaluate signal timing impacts on the overall corridor coordination, prepare signalized intersection capacity analyses for the future conditions to determine necessary lane arrangements, turn bay storage lengths, and proposed traffic signal phasings and timings. j. Sanitary Sewer Improvements - It is assumed for this project that sanitary sewer system improvements will be limited to linings (if needed) and possibly isolated point repairs. Based on discussions with CITY staff, major sanitary sewer main upgrade, realignment, or replacement is not anticipated for this project. k. Decorative Median Irrigation System -This item includes designing an irrigation system to the decorative medians including water service, dripline irrigation system, controller, control pit, valuing, drainage system, and other associated designs and specifications necessary to prepare construction documents. 1. Capitol Street Extension -The CONSULTANT will review with CITY and University staff up to one concept for a possible extension of Capitol Street, south from Burlington Street. The scope does not include preliminary design or cost estimating and alignment or design of a possible Capitol Street extension. Rather, the purpose of this concept will be to identify and make provision in the project plans such that a possible future extension would not be precluded by the currently proposed improvements. m. Right-of-way and Easements - It is anticipated temporary construction easements will be needed for the Kum & Go and for the Apartment buildings east of the Kum & Go. It is also assumed 2 additional, as yet unidentified parcels, will also require construction easements or right-of-way. As such, the CONSULTANT will prepare the necessary legal descriptions and diagrams showing the -7- acquisitions for up to four properties as outlined above. It will be the CITY's responsibility to provide any appraisals, title opinions, acquisition services, closing services and costs, and so forth necessary to actually convey the easements or right-of-way to the CITY for project purposes. It is assumed the University will grant the CITY access to University owned properties without requiring written legal descriptions of easements. 7. SPECIFICALLY EXCLUDED SCOPE ITEMS The following items are specifically not included in this scope of services, but could be added at a future date if it is determined during the course of the project that these services are required. a. Electrical and photometric design for decorative street lighting b. Structural analyses of any public or private utilities conduits or structures affected by the project (e.g., steam lines, electrical vaults, etc.) c. Geotechnical services d. Electrical design of planter wall lighting e. Gateway monuments f. Railroad signal relocations g. Railroad crossing panel extension h. Virtual tour of corridor improvements II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. February 11, 2009 Project Start April 10, 2009 Concept Review and Data Collection Completed April 30, 2009 Preliminary Plans August 14, 2009 Check Plans October 2, 2009 Final Plans October 28, 2009 Bid Letting III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. -8- B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform .contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant- all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having .jurisdiction over the Project will be paid by the City. -9- N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES The City shall compensate the Consultant for services rendered under this agreement. Compensation shall be on a time and expense basis. The fee, including all time and expenses, shall not exceed $138,800. The CONSULTANT shall submit invoices monthly. A complete invoice shall, at a minimum, contain the following information: • Project name and contract number • Contract value information including the following: • Total contract value • Total value of previous invoices • Total value of current payment due • Total remaining contract value following the current payment • A statement of the services rendered during the billing period. • A statement of the progress of the completion of the scope of services. In no case shall the remaining contract value be less than the value of the services remaining to complete the scope of services under this agreement, as determined by the City. -10- V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FORT CITY By: Title: Mayor FOR THE CONSULTANT B : ~• J ey C. orrow Title: Principal. Date: February 10 , 2009 ATTEST: Cit lerk Date: 7 ~/ ~ f Approved by: City Attorney's Office Date pwVorms~onsagmt.frtn ACORD~, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYI~ 02/02/09 PRODUCER 1-800-300-0325 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy & Assoc - CR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 500 1st Avenue NE, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cedar Rapids, IA 52401 Rarea Erger/Suzaa Blake-Bundy INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:Liberty Insurance IInderwriters Anderson-Bogert Engineers & Surveyors Attn: Laurie Bergen INSURER B: 4001 River Ridge Drive N.B. INSURERC: IA 52402 R id d INSURER D: s, ap Ce ar INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS TR N ATE MM D A GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Eaoccurence $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ PERSONALBADVINJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ POLICY PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS ~ (Per person) H IRED AUTOS BODILY INJURY $ NON-0WNED AUTOS (Per accident) PROPERTY DAMAGE $ (Peracddent) GARAGELUU3ILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTOONLY: AGG $ EXCESS/UMBRELLALUU3ILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE - $ RETENTION $ $ WCSTATU- OTH- WORKERS COMPENSATION AND T MIT ER EMPLOYERS' LUU3ILITY E.L. EACH ACCIDENT $ ANV PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $ ffyes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ A OTHER Professional Liability AEE 196476-0108 07/06/08 07/06/09 ach claim 1,000,000 (claims-made policy) nual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Burlington Street from Iowa River Bridge to Capital Street and Madison Street from W. Court Street to Campus Wellness and Rec. Center. GtK I RIGA l t nvt.uerc ~~+~~~~~~-r+ ~ ~~+~• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION City of Iowa City, Iowa DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Engineering Division NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL C/O Pub 11C WOrkS Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR 410 East Washington Street REPRESENTATIVES. Iowa City, IA 52240 AUTHORIZED REPRESENTATIVE USA ~ .--y~_-~ o _ ~ a . - ACORD 25 (2001/08) sblake-bunny 11026750 v rit.vrcv wrcrvrw i wiv iaoo Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877.669.8600 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of Such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the .coverage afforded by the policies listed thereon. ACORD 25 (2001!08) ~~~ Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION N0. ~~-47 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL GAS COLLECTION SYSTEM IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City desires to expand and improve the existing gas collection system at the Landfill and Recycling Center; and WHEREAS, the expansion and improvement of the existing gas collection system will improve the collection ability and system operations; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Landfill Gas Collection System Improvement Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to .execute the attached Consultant's Agreement. Passed and approved this 10th day of ATTEST: CIT LERK ~ ~ `1~ City Attorney's Office ~' ~~/p~ ~; Pwenglreslgascollection. dco Resolution No. 09-47 Page Z It was moved by Wright and seconded by adopted, and upon roll call there were: AYES: NAYS: ~- x x v -~~ x x Correia ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdata/glossary/resolution-ic.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this _ D~ day of FF~Rt.u~ , 2009, by and between the City of Iowa City, a municipal corporation, hereinafter referred as the CITY and Howard R. Green Company, of 8710 Earhart Lane SW, Cedar Rapids, IA 52404, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY desires to secure the services of a consulting engineering firm to design and prepare construction/bidding documents for modifications to the landfill gas extraction system at the Iowa City Landfill, to assist in procuring a qualified contractor to perform the work, and to provide limited engineering services during construction. The CITY also desires the engineering firm to review and provide technical recommendations concerning operation of the existing landfill gas extraction system and to develop a long term landfill gas development plan that addresses both existing and future landfill cells. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. SCOPE OF SERVICES CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner: I. Landfill Gas Collection System Modifications The CITY wishes to expand the existing landfill gas (LFG) collection system for compliance with 40 CFR 60.755 (requirement for LFG collection within five years of waste placement) and for purposes of controlling odors. This will involve the placement of horizontal collection wells in Cells FY06, FY02, and possibly FY98. A. Construction/Bidding Documents CONSULTANT will visit the site to evaluate the current conditions of the well field and fill areas, and to consult with CITY staff about potential design criteria. The design of the wells will be intended to maximize LFG collection while minimizing air intrusion and potential for "watering-in". At a minimum, the design will include additional emphasis on the ability to control gas flows at each of the new wellheads. CONSULTANT will submit review drawings to the CITY at the 50% level of completion. Both the drawings and the project manual will be submitted to the CITY for review at the 90% level of completion. CONSULTANT will attend two meetings with the CITY at the landfill office to discuss the 50% and 90% submittals. CITY will provide comments and issuance to proceed after each submittal. It is anticipated that the drawings will include two or three sheets that include the existing header layout and points of connection, the layout of the new horizontal wells, and engineering details. The project manual will include bidding and contract requirements (front ends) and technical specifications. Concurrently with the 100% completion of the \\HRGCRNAS\DATA\PRQI\191130JWDMIN\AGR-012909-IC GAS.DOC Page 1 bidding documents, CONSULTANT will prepare and submit an Engineer's Opinion of Probable Construction Cost. B. Bidding Assistance/Contractor Procurement CONSULTANT will assist the CITY in identifying qualified contractors to invite to bid and will attend a pre-bid meeting at the landfill office. During the bidding period, CONSULTANT will address contractor's questions and will prepare addenda as needed. After the bids are opened, CONSULTANT will review the bids and bidders qualifications and make a written recommendation for award. C. Construction Phase/Documentation CONSULTANT will attend a preconstruction meeting, held at the landfill, to address items associated with construction start-up. The purpose of the meeting will be to discuss any anticipated construction problems, coordination with existing landfill operations, establish communication and authority chain, QA/QC requirements, site safety, and to establish the construction schedule. During the construction period, CONSULTANT will: o Review and approve submittals and shop drawings as required in the project manual. . o Initiate correspondence with contractor regarding .coordination of field orders and change orders. o Respond to requests for information. o Review, interpretation, and clarification of specifications. It is assumed that contract and construction oversight will be provided by CITY. To assist CITY, CONSULTANT will attend two days at the landfill during construction, to be scheduled to best fit the needs of the project. Assumptions o We assume this construction does not necessitate changes in the landfill's air permit. However, we will notify Matt Phoenix of the IDNR solid waste section of the project. If necessary, we will submit to the IDNR, plans and specifications along with a cover letter explanation of the modifications. o Bid documents will be sent to contractors by invitation. Public noticing will not be required. o Contract front ends will be similar to those used for the FY06 project and updated for the FY09 project. Front ends and technical specifications will be in EJCDC format. o Contract and construction oversight will be provided by City staff. o Costs for surveying are not included. Surveying documentation will be provided by City. \\HRGCRNAS\DATA\PROJ\191130J\ADMIN\AGR-012909-IC GAS.DOC Page 2 II. Landfill Gas Collection System Development Plan CITY wishes to develop a plan that can be implemented over the long term for the enhancement of LFG collection in the existing cells and the expansion of the collection system into future cells. The focus of this plan is to optimize methane collection for beneficial use, in addition to LFG collection and control for regulatory compliance. A. LFG System Review and Recommendations The landfill's LFG collection system has been in operation for over eight years. To identify problems or issues that may be affecting system performance, CONSULTANT will review the existing system, operating procedures, and monitoring data. CONSULTANT will review available monitoring data in an attempt to identify. abnormalities, trends, problem wells, condensate handling etc. One site meeting will be scheduled with the LFG system operator to review the monitoring procedures and equipment, to examine pertinent issues from the operator's perspective, and to brainstorm potential solutions. Based on this review, a technical memorandum will be prepared that will summarize our findings and present recommendations. This will include: o summary of system performance 0 operational recommendations . o potential modifications to well heads (orifice plates, modified valves, etc.) o general recommendations for dewatering extraction wells and headers B. Development Plan for LFG System Expansion CONSULTANT will, based on the LFG system review, design enhancements to the existing LFG collection system intended to improve its performance. This could include additional wells, abandonment of existing wells, rerouting of headers, and addition of other monitoring structures. The well field development plan will be expanded and updated to include the header layout, and temporary and vertical wells from FY95 through future FY09 and the northwest expansion area. The development plan will be presented on a series of drawings as follows: 1. Phase 1 -Header and Well Layout (Existing LFG Collection Area) 2. Phase 2 -Header and Well Layout (FY95, FY96, FY98, FY02, FY06) 3. Phase 3 -Header and Well Layout (FY09) 4. Phase 4 -Northwest Expansion Area 5. Engineering Details The above drawings are intended to be used for overall planning purposes. Header elevation and well depths are presented in a general sense. Since the development of landfills is a dynamic process, specific design information would be included in the design/bidding documents at the time the particular phase is implemented. \\HRGCRNAS\DATA\PRQI\191130JWDMINWGR-012909-IC GAS.DOC Page 3 TIME OF COMPLETION CONSULTANT shall complete the following phases of the Project in accordance with the schedule shown. • Item IA - 50% submittal by February 27, 2009 • Item IA - 90% submittal by March 10, 2009 • Item IA - 100% submittal by March 20, 2009 • Item IB -Bidding period March 20 through April 10, 2009 • Item IC -Construction to be complete by May 22, 2009 • Item IIA -Tech Memo submitted by June 12, 2009 • Item IIB -Development drawings completed by August 28, 2009. II. GENERAL TERMS A. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The CITY may terminate this Agreement upon seven. (7) calendar days written notice to the CONSULTANT. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the project shall be available by said CITY. upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. \\HRGCRNAS\DATA\PROJ\191730J\ADMIN\AGR-012909-IC GAS.DOC Page 4 G. At the request of the CITY, the CONSULTANT shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, -the CONSULTANT shall not be liable for the CITY'S use of such documents on other projects. The CONSULTANT agrees to fumish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the CITY. The CONSULTANT shall be allowed to keep mylar reproducible copies for the CONSULTANT'S own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY. N. Upon signing this agreement, CONSULTANT acknowledges that Section 362.5 of the Iowa Code prohibits a CITY officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the City Council and CITY boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Professional Coverage -The CONSULTANT agrees at all times material to this Agreement to have and maintain professional liability insurance covering the CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Item I $ 52,000.00 Item II $ 56,000.00 Total $ 108,000.00 \\HRGCRNAS\DATA\PROJ\191730JWDMINWGR-012909-ICGAS.DOC Page 5 Payment Schedule: CONSULTANT shall bill CITY monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of CITY'S receipt of invoice. If CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until CITY has paid in full all amounts due. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOF By: Title Date: ~ /o ~ ATTEST: /L~~~_`$~ City Clerk FOR THE CONSULTANT By: i~,~~~~~~~ -~-. Title: y! ~~r ~ /~i.~ s, ~r~ Date: __~~a •? vo 9 \\HRGCRNAS\DATA\PROJ\191130JV~DMINWGR-012909-IC GAS.DOC Page 6 City of Iowa City MEMORANDUM TO: Rick Fosse, Public Works Director FROM: Dave Elias, Landfill Superintendent DATE: February 4, 2009 RE: Consultant Services for Landfill Gas Control 31 The Landfill has requested services from HR Green Company in order to update and improve the landfill gas collection system. The gas collection system was initially installed in 2000 under requirements from IDNR and EPA (40 CFR 60.755). Gas collection equipment is required to be expanded when waste has been in place for 5 years. Our system has had one expansion to address waste placed from 1998 to 2002. In order to maintain compliance we are due for a system expansion for waste that has been placed in our FY02 cell. However, we have experienced unusual conditions in our latest cell, now only 2.5 years old. Due to the nature of the extra waste resulting from the flood in 2008, the current cell has experienced exceptionally active decomposition. Materials such as wet gypsum board and spoiled food have resulted in the generation of methane gas and hydrogen sulfide in cell FY06, which was not due for gas collection piping for two or three more years. These gases are escaping into the atmosphere now, which may also cause Air Permit compliance problems. More significantly, the gases have been the source of many odor complaints from the neighborhood off of Rohret Road, one mile east of the landfill. HR Green services are requested to accomplish two major items: I. Rapidly design the improvements necessary to collect gas in the active landfill areas, guide the project through DNR approvals, let the project to qualified contractors, and get the construction completed by late May, 2009. This should relieve the odor problems experienced currently in the residential area. II. Develop a long range plan for future landfill gas system expansions. This will enable the Landfill to optimize gas capture for air emissions control, odor control, and for an optimized "sustainable" landfill gas-to-energy project. The long range plan will enable the landfill to budget and schedule the expansions effectively as well. The plan will also address newer technology options for the capture of the gas and maintenance problems present in the older gas wells. Item I. will cost $52,000 and construction should be complete by May 22. The preliminary estimated cost of construction is around $250,000. Item II. Will cost $56,000 and is due for completion by August 28, 2009. 32 cv Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 09-48 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on March 1, 2009 Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until March 19, 2009 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 09-48 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. 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O <D r .- N N V O r N N N N N N 1 r ~ p o 0 0 0 0 0 0 0 0 0 0 M N ~ 'O ~ O O N ~ O C 10 r b9 EA tD b9 fA • - fH M EA ~ N 7 o O o u ~ v A m A rn m ~ d ~ M ~ M _ O N N O ~ N (p O O ~ V O O O O ~ u ' o o c 0 0 0 °o °o 00 °o °o ~ V 0 ~ p (M 0 N N ~ 0 N k/i EA ON HY 69 ~ ~ ~ N O N O U O M M O O O ~ O a0 O r ~ N O O N N O O N U . 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O O W U O i.r U H o ~ a ^ a ~ N o ~ a Z N ~~a Z~ Z ~~ (n J J J ~ 00 Z OWN , OOih O J O> J >~ } m ~ w Z~ Q O~ J W N (~ Q M N m d ~ ~ O F 2 F ~ J~ } J Z W N J Z ~ W ~ N O ~ ~ O U O U Od = z ~~~U w ~N~ ~ ~O y rn rn M Z M O ~ N O~io , 0~ ~ O Z J Q ~ O N N M M H N M F N~ N N H (p O w 0 N ~ > ~ ~ N> N~ I- °~~' O "~~ M~ coo ~~ o~mM o`~Yc°O cooQ ~ J O (D O tD ~ Q N N N U S N U m •- M d W ~ O ~ W ~ ~ I- ~ F- ~ ~ ~ Q W O ~ L~L ~ ~ ~ 0 ~ Z O O ~ = J J ~ ~ Q O O O ~ U N m N m N m N N O W ~ W O J N ~ ~ O C ~ C ~ A fA N 7 d V C A A ID ~ M m U ~ O ~ C u ° •~ o rn m ~ N O N O U m N O O y N u ;~ d ~ 0 w m O v m d J C Q Q-' O W V ~ '~ ~ N W ~ ~ C Q (a 03 U ~ T Uj Z Q O ~ ~ w O a wz a ~ o A o > o_ d ~ N O7 'A ~ a ~ a Q o_ a ° N £ ~ ~ M Z N ~ O u A a z 0 0 0 a U W d O a o~~ ZN Q ~ N '~ O ~- V ~ 0 d O N > A ~ ~ ~ rcDi a ~ o m w v` ~ Q w ~, Y r Q d a co 0 0 ~ ~ a 0 m as am 00 ~ J ~_ ~ ~ O m ~ } ~ ~ ~ F O U = ~ G ZF-Z 1`uH ~ ~ O d N O m O ~ ~ 0 ~ 0 rn d m m a m 9 C A YI 7 0 u c A m [L a a v 'o c d u .Z d N O N O U d u 2 m Vl O d m 9 d d C d N d V ~2 d d c 3 O T d 6 O a` d m v d w .q c a Q d n E z w v m a c 0 .Q u N d A d J N N d V 9 Q T C d d O a` A N 7 d J C A A m d u .o c m v .Z d 0 N O U N d V .2 d y O d A O d d V C d N d U .Z d N d c 3 O r d a 0 a` m a v u N .~ 6 a Q m a E z d U A a c 0 a U N d A m d J Vl d a Q T d a 0 a` 0 m a m 0 0 N A 7 d LL d Q N r d ~ yYI L a W d ov 0 N 3 0 d u c m m 00 m v ~o c a u ~2 d y O N O U w m v .Z d N O d A D a m w v c m N d u .~ m d C 3 O r m a 0 a` d m v d N .~ a a 4 `m a E z d U A a c 0 .a u N d 0 A O1 d J VI VI d Q T d a 0 a` 0 M d N d 0 m a 0 m a d d d m 0 v r a a 0 a` C V C A N 7 d U C A A m d u 'o c d v 2 d h O N O U d v 2 m N 0 d A D a a d v c m N d u .Z d d c 3 0 r m a 0 a` a A v m Yl .~ d d Q d a E z d U R a c 0 c u N d A d J VI VI d V 9 Q T Y d 6 O a` 3 ate., February 5, 2009 Marian K. Karr City Council Members 410 East Washington Street Iowa City, IA 52240 Hello - I have not ignored this bill. The day prior to receiving the notice from the city to cut the "weeds" which were/are actually prairie flowers, I had trimmed back the growth from the sidewalk. I went out the day after receiving the letter and cut back more of the plants growing toward the sidewalk. I had been trimming frequently in the spring and summer as they encroached on the sidewalk. If someone was sent to do some trimming, there was no remarkable or noticeable difference from when I trimmed. Therefore 1 do not believe that anyone from the city did any trimming. Please provide some proof to me -the name, date, time or picture -that someone cut the "weeds" . I did not have anyone come to me to tell me they were doing it or had done it so I could see it or to sign off on the work. In addition, you have sent me bills for 517 and 521 houses and there are no "weeds" in front of 517. ~ (J, t ~ C _~. ~ J l,~ i.c, ~,' ~~~ Nila Haug 517 East Washington `~ Iowa City, Iowa 52240 R U Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-49 RESOLUTION APPROVING THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE LOCAL MATCH TO THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT AND RESCINDING RESOLUTION NO. 09-07. WHEREAS, the City has applied for Hazard Mitigation Grant Program (HMGP) funds to purchase properties in Parkview Terrace Subdivision and along Taft Speedway for flood mitigation purposes; WHEREAS, if the application is approved, the federal government will provide funding for 75 percent of the costs and the State of Iowa will provide funding for 10 percent of the costs; WHEREAS, the remaining 15 percent is informally referred to as the local match; WHEREAS, the Iowa Department of Economic Development has agreed to provide funding for the local match through the Community Development Block Grant (CDBG) program; WHEREAS, in Resolution No. 09-7, the City agreed to provide $1,738,906.00 of local monies to be used to meet the minimum 15% match requirement, and the State of Iowa is now requesting that the resolution not include a specific dollar amount in the event the budget changes; and WHEREAS, it is in the City's best interest to use CDBG funds for the local match to the HMGP project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is authorized to sign an agreement for the use of CDBG funds for the local match to the Hazard Mitigation Grant Program Property Acquisition Project and is designated as the authorized representative in said agreement. 2. The City agrees to provide and make available local monies to be used to meet the minimum 15% match requirement for this mitigation grant application through the use of CDBG funds. 3. Resolution No. 09-07 is rescinded. Passed and,~proved thi ~i0~da ~ February, 2009. u a~~ S ATTEST: CIT LERK City Attorney's Office Resolution No. 09-49 Page 2 It was moved by Correia and seconded by wrieht 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 wpdata/glossary/resolution-ic.doc