HomeMy WebLinkAbout2022-02-01 ResolutionItem Number: 6.a.
F ebruary 1, 2022
Resol u tion approvin g , auth orizing and d irectin g th e Mayor to execute and the
City Clerk to attest an Agreemen t b y an d between th e City of Iowa City and
Strand Associates, Inc. to p rovide en g ineerin g con su l tan t services for the
Rohret Sou th Tru n k Sanitary Sewer Proj ect.
Prepared B y:J oe Welter, S r. Civil E ngineer
Reviewed By:J ason Havel, City E ngineer
Ron K noche, P ublic Works Director
Geoff Fruin, City Manager
F iscal I mpact:$375,000 available in the Rohret South S ewer P roject, A ccount #V 3155
Recommendations:Staff: Approval
Commission: N/A
Attachments:Agreement
Resolution
Executive S ummary:
T his agenda item approves the consultant agreement with S trand A ssociates, I nc. of Madison,
W isconsin for the preliminary design, final design, preparation of bidding documents, permitting,
bidding assistance, and construction services f or the trunk sanitary sewer from the W illow Creek
I nterceptor to the west side of US Highway 218 to serve f uture City growth on the Rohret S outh
Trunk Sanitary S ewer P roject.
Background / Analysis:
T he proposed trunk sanitary sewer would connect the west side of US Highway 218 to the City’s
Sanitary S ewer Collection System and enable development of the properties west of the highway
and south of Rohret R oad. Evaluation of trenched and trenchless installation and the alignment of
the new trunk sewer will be done by the C onsultant. I ncluded in the project is the entirety of the
right-of-way of Abbey L ane from B urry Drive to Mormon Trek B oulevard since this portion of the
new trunk sewer is proposed to be trench installed. T he proposed crossing under the highway will
be trenchless. T he crossing under Mormon Trek and the portion between Mormon Trek
Boulevard and the highway might be trenched or trenchless. The Consultant will evaluate the
other public utilities within the R O W and improvements or replacement of those utilities will be
based on this evaluation. A bbey L ane will be reconstructed with new street pavement, driveway
aprons, sidewalks, and new utilities as needed to accommodate the installation of the new trunk
sewer.
Property acquisitions will be needed between Mormon Trek Boulevard and the highway. The
Consultant will prepare plat maps to be utilized by the City for these acquisitions.
AT TAC HM E NT S :
Description
Resolution
Agreement
Prepared by:Joe Welter,Engineering Division,410 East Washington Street, Iowa City,Iowa 52240,(319)356-5144
Resolution No. 22-19
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 Strand Associates, Inc. to provide
engineering consultant services for the Rohret South Trunk
Sanitary Sewer Project
Whereas, the City of Iowa City desires to the City desires to extend the sanitary trunk sewer from
the Willow Creek Interceptor to the west side of US Highway 218 to serve future City growth; and
Whereas, the City of Iowa City desires the services of a consulting firm to provide preliminary
design, final design, preparation of a project manual for bidding, bidding assistance, and
constructions services for the Rohret South Sanitary Sewer Construction Project; and
Whereas; the City issued a Request for Qualifications, On-Call Professional Design and
Engineering Services (2020-2022), May 1, 2020, to private consulting firms interested in providing
design and engineering services related to public improvement projects in the City of Iowa City; and
Whereas, submittals were received from consulting firms and evaluated by a selection committee,
and;
Whereas, Consultant was selected based on qualifications, key personnel, project approach, and
fees and rates, and;
Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with
Consultant, to provide said services; and
Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant; and
Whereas, funds for this project are available in the Rohret South Sewer Project, Account Number
V3155.
Now, therefore, be it resolved by the City 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 City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Passed and approved this 1stday of February , 2022
Resolution No. 22-19
Page 2ZCLAit-e ��� ppp
� / -�
Mayor /U�
Approved by
1
Attest: o IJ4 (Af11 Lvs-gffice
City ClerkCity
(Sar Greenwood Hektoen- 1/24/22)
It was moved by Weiner and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
X Bergus
X Harmsen
X Taylor
x Teague
X Thomas
X Weiner
Consultant Agreement
This Agreement, made and entered into this 1st ,day of February 20 22 , by
and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and
Strand Associates, Inc.®, of Madison, Wisconsin, hereinafter referred to as the Consultant.
Whereas, the City desires to obtain the services of a qualified consulting firm to provide
preliminary design, final design, preparation of a project manual for bidding, bidding assistance,
and construction services for the Rohret South Sanitary Sewer Construction Project, and;
Whereas, the City desires to extend the sanitary trunk sewer from the Willow Creek Interceptor
to the west side of US Highway 218 to serve future City growth, and;
Whereas, the City issued a Request for Qualifications, On-Call Professional Design and
Engineering Services (2020-2022), May 1, 2020, to private consulting firms interested in providing
design and engineering services related to public improvement projects in the City of Iowa City, and;
Whereas, submittals were received from consulting firms and evaluated by a selection committee,
and;
Whereas, Consultant was selected based on qualifications, key personnel, project approach, and
fees and rates, and;
Whereas the City has negotiated an Agreement for said consulting services with Consultant, to
provide said services, and;
Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant, and;
Whereas, funds are available in the Rohret South Sewer Project, Account Number V3155, and;
Now Therefore, it is agreed by and between the parties hereto that the City does now contract
with the Consultant to provide services as set forth herein.
Scope of Services
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Conduct an in-person kickoff meeting with the City.
B. Attend up to three virtual monthly design progress meetings and three virtual review
meetings at 30, 60, and 90 percent design with the City.
C. Review available existing City-provided information.
D. Contact Iowa One Call for field locations of existing utilities prior to topographic survey.
E. Conduct a topographic survey of the proposed corridor. The proposed corridor is
approximately 100 feet in width, and starts at the intersection of Abbey Lane and Burry Drive,
extends approximately 2,600 linear feet (If) west along Abbey Lane and Rushmore Drive to
the easterly right-of-way (ROW) of United States Highway (USH) 218/State Trunk Highway
(STH 27), and ends approximately 200 feet west of the westerly ROW of USH 218/STH 27.
Survey of the 100-foot-wide corridor within USH 218/STH 27 ROW will consist of only the
westerly 25 feet of ROW and easterly 25 feet of ROW. The proposed corridor also includes
Burry Drive, Cae Drive, and Dolen Place ROW 50 feet north of the Abbey Lane ROW.
Topographic features to be surveyed within the proposed corridor include visible surface
information, property irons, and marked utilities. Survey will be referenced to the Iowa State
Plan South Zone Coordinate System. City shall obtain right-of-entry permission for survey
services on private property. Consultant shall communicate with private property owners
requesting additional information prior to survey work.
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F. Perform structure inventory and condition assessment of existing water valves, storm
drains, storm and sanitary manholes, and other underground structures in the proposed
corridor that are visible and able to be measured. Approximately 50 structures are
anticipated to be inventoried. Confined space entry is not included in these services.
G. Obtain televising of 22 private sanitary sewer service laterals from the existing ten-inch
sewer main on Abbey Lane to the Abbey Lane ROW. Perform a condition assessment of
the existing private sanitary sewer services and locate them on the survey base mapping
developed through the topographic survey.
H. Provide wetland delineation for approximately 500 feet of the proposed corridor. Flag
wetland boundary, survey, and provide a written summary of findings. Mapped wetlands will
be included in the Project Manual. It is anticipated that proposed construction will avoid
wetland impacts.
Provide legal descriptions and easement figures for up to thirty parcels. All ROW property
acquisition shall be performed by the City.
J. Perform seven soil borings along the proposed construction corridor. Borings are
anticipated to be taken to a depth of 30 feet deep by the geotechnical engineer. Provide a
geotechnical report. If potential contamination is observed in the soil borings, the
geotechnical engineer will document observations and collect samples in double jars to be
delivered to the City for further analysis. Review recommendations by the geotechnical
engineer and incorporate appropriate geotechnical information into the Project Manual.
K. Perform an inventory of existing trees in the construction corridor and identify existing trees,
trees proposed to be removed, and trees to remain.
L. Perform a review of trenchless pipeline installation methods including options, opinions of
probable construction cost (OPCC), and potential advantages and disadvantages.
M. Perform a review of City's existing 2011 Sanitary Sewer Master Plan (Master Plan), review
current development patterns provided by the City, and perform conceptual hydraulic
calculations related to criteria provided in the Master Plan.
N. Assist the City in obtaining the following permits for the project: Iowa Department of Natural
Resources (IDNR)-wastewater construction, IDNR—public water supply construction,
IDNR—NPDES Stormwater Notice of Intent, and Iowa Department of Transportation (IDOT)—
Utilities Accommodation Permit. City shall pay all permit fees.
O. Provide Stormwater Pollution Prevention Plan (SWPPP) documentation for submittal to the
City for review and approval.
P. Provide exhibits for and attend three in-person public outreach meetings to be arranged and
facilitated by the City.
Q. Communicate with IDOT regarding the design of the trenchless crossing beneath USH 218.
R. Provide drawings to applicable private utility agencies for utilities to review and resolve all
conflicts with the proposed design. Participate in up to two virtual private utility meetings
with the City. City shall approve all utility work plans and permits.
S. Review and evaluate existing water main rehabilitation options, testing standards, and
staging with City.
T. Perform a conceptual design of the routes and options for the sanitary sewer trunk and local
collection system. The trunk route will evaluate the Abbey Lane, Rushmore Drive, and the
Unnamed Tributary to Willow Creek. The three local sanitary sewer collection alternatives
for utilization of the existing 10-inch sanitary sewer; replacement of the existing 10-inch
sanitary sewer; and abandonment of existing 10-inch sanitary sewer and connection of
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laterals to the proposed 30-inch interceptor. This conceptual design includes OPCCs, a
decision matrix, and exhibits.
U. Provide design drawings for City review at approximately 30, 60, 90, and 100 percent
completion. Design is anticipated to include approximately 2,600 linear feet of 30-inch
sanitary sewer interceptor construction, replacement of water valves, hydrants, and
specifications for cleaning/polyethylene wrapping of exposed water mains, 1,400 linear feet
of 10-inch local sanitary sewer replacement, potential replacement of 300 linear feet of storm
sewer, storm structure replacement based on condition assessment performed during
structure inventory, and 1,400 linear feet of roadway reconstruction.
Sixty, 90, and 100 percent design drawings will include the following:
1. Title sheet
2. General notes
3. Typical sections
4. Construction details
5. Curb ramp details (for up to 18 ramps)
6. Roadway intersection details
7. Roadway cross sections
8. Erosion control drawings
9. Restoration drawings, including tree protection and replacement
10. Alignment and control point drawings
11. Roadway and storm sewer plan and profile drawings
12. Water main and local sanitary sewer plan and profile drawings
13. Sanitary sewer interceptor plan and profile drawings
14. Traffic control drawings on Mormon Trek Boulevard for Abbey Lane and Rushmore
Drive side street closures
V. Provide technical specifications utilizing the City's standard technical specifications. Provide
additional technical specifications (special provisions) as necessary for construction
elements not covered under the City's standards. Provide Project Manual for City review at
approximately 90 and 100 percent completion. City shall provide project manual template.
City-provided documents shall name Consultant as an additional insured on contractor's
General Liability and Automobile Liability insurance policies and will indemnify Consultant
to the same extent that the contractor insures and indemnifies City.
W. Attend in-person meetings with up to 20 private property owners and the City. It is
anticipated that all meetings will occur over three days. City shall obtain right-of-entry
permission for survey, wetland delineation, and geotechnical investigation services on
private property.
X. Provide City with electronic copies of the following Contract Documents for City bidding and
award:
1. Final design plans in Adobe Acrobat portable document format (PDF).
2. Specifications in Microsoft Word format.
3. Project Manual in one PDF.
Y. Prepare addenda and answer questions during bidding. Attend the pre-bid meeting.
Z. Provide construction administration services, including attending a virtual preconstruction
meeting, monthly virtual construction meetings and minutes, shop drawing review,
responding to requests for information, issuing Instructions to Contractors (ITCs), and
providing record drawings based on contractor mark-ups. A total of 150 hours are included
for construction administration services.
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Services Not Included
The following services are not included in this Agreement. If such services are required, they
will be provided through a separate agreement or through an amendment to this Agreement.
A. Landscaping design services C. Construction staking
B. Appraisal staking D. Construction observation
II. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown.
Scope Item Anticipated Milestone Completion
Kickoff Meeting February 4, 2022
Survey March 15, 2022
First Public Informational Meeting (PIM) April 15, 2022
Local Sewer Alternative Analysis and 30 Percent Drawings May 15, 2022
Second PIM May 15, 2022
Sixty Percent Drawings and Specifications June 15, 2022
Ninety Percent Drawings and Specifications July 15, 2022
Third PIM July 29, 2022
One Hundred Percent Drawings and Specifications August 15, 2022
Easement Descriptions and Exhibits August 15, 2022
Bidding-Related Services February 28, 2023
Construction Administration Services November 15, 2023
III. Compensation for Services
Compensation shall be based on performing the Scope of Services on an hourly rate basis plus
expense for an estimated, not-to-exceed fee of $375,000, in accordance with the hourly fee
schedule below.
Hourly Billing Rates*
Principal $285 to $350
Senior Project Engineer $220 to $280
Project Engineer $150 to $230
Junior Project Engineer $120 to $160
Technicians $100 to $140
Administrative $ 90 to $100
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IV. 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.
B. Should the City terminate this Agreement, the Consultant shall be paid for all
services performed up to the time of termination. However, such sums shall not be
greater than the"not-to-exceed"amount listed in Section III. 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 maybe 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 services set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
Meetings in addition to those provided in I. Scope of Services shall be considered
additional services.
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 licensed professional 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
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this Agreement shall constitute grounds for the City, upon notification to Consultant,
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 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. Indemnification
1. To the full extent permitted by law, Consultant agrees to defend, indemnify,
and hold harmless the City against any and all claims, demands, suits, loss,
expenses, including attorney's fees, and for any damages which may be
asserted, claimed or recovered against or from the City by reason of
personal injury, including bodily injury or death, and property damages,
including loss of use thereof, caused by Consultant's negligent acts, errors
or omissions in performing the work and/or services provided by Consultant
to the City pursuant to the provisions of this Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries
which may result to any person or property by reason of Consultant's
negligent acts, errors or omissions in connection with the work and/or
services provided by Consultant to the City pursuant to this Agreement, and
agrees to pay the City for all damages caused to the City's premises resulting
from the negligent acts, errors or omissions of Consultant.
3. The Consultant's obligation to indemnify the City shall not include the
obligation to indemnify, hold harmless, or defend the City against lability,
claims, damages, losses, or expenses, including attorney fees, to the extent
caused by or resulting from the negligent act, error, or omission of the City.
4. For purposes of this paragraph, the term "Consultant" means and includes
the Consultant, its officers, agents, employees, sub-consultants, and others
for whom Consultant is legally liable, and the term "City" means and includes
the City of Iowa City, Iowa its Mayor, City Council members, employees, and
volunteers.
P. Insurance
1. 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 in the sum of
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits and endorsements required herein are maintained
and in full force and effect, and certificates of Insurance shall provide a
minimum thirty (30) day endeavor to notify, when available by Consultant's
insurer. If the Consultant receives a non-renewal or cancellation notice from
an insurance carrier affording coverage required herein, or receives notice
that coverage no longer complies with the insurance requirements herein,
Consultant agrees to notify the City within five (5) business days with a copy
of the non-renewal or cancellation notice.
Q. Standard of Care
1. The Consultant shall perform services for, and furnish deliverables to, the
City pertaining to the Project as set forth in this Agreement. The Consultant
shall possess a degree of learning, care and skill ordinarily possessed by
reputable professionals, practicing in this area under similar circumstances.
The Consultant shall use reasonable diligence and professional judgment in
the exercise of skill and application of leaming.
2. Consultant represents that the Services and all its components shall be free
of defects caused by negligence; shall be performed in a manner consistent
with the standard of care of other professional service providers in a similar
Industry and application; shall conform to the requirements of this
Agreement; and shall be sufficient and suitable for the purposes expressed
in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to, and
shall not be construed to be waived by,the availability or unavailability of any
insurance, either of City or Consultant.
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the laws of the
State of Iowa. Any legal proceeding instituted with respect to this Agreement shall
be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties
hereto hereby submit to personal jurisdiction therein and irrevocably waive any
objection as to venue therein, including any argument that such proceeding has
been brought in an inconvenient forum.
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For the City ,, o For the Consultant
By: �� X""� By: 4440 ,
U Joseph M. Bunker
Title: Mayor Title: Corporate Secretary
Date: 02/01/2022 Date: /A0.
4ZL
p
Attest: �1 P )� ` pJ Attest: �.ne tl7.
Approved by:
City Attorney' 1 ffice — ic-}ac_,,\_,
{ - -V-- D-C:. -a....
Date
Item Number: 6.b.
F ebruary 1, 2022
Resol u tion awardin g con tract and auth orizing the Mayor to sig n an d th e City
Cl erk to attest a con tract for con struction of the Lan d fil l G as Col l ection
System Exp ansion Proj ect.
Prepared B y:J oe Welter, S r. Civil E ngineer
Reviewed By:J ason Havel, City E ngineer
Ron K noche, P ublic Works Director
Geoff Fruin, City Manager
F iscal I mpact:$545,070 available in the L andfill Gas I nfrastructure E xpansion, A ccount
#L 3343
Recommendations:Staff: Approval
Commission: N/A
Attachments:Resolution
Executive S ummary:
T his item awards the contract f or construction of the L andfill Gas Collection S ystem Expansion
Project. T he engineer’s estimated cost for construction of the project is $648,000.00. F ive (5)
bids were submitted prior to the J anuary 25, 2022 deadline:
Bidder Name City Bid
L andfill Drilling and P iping S un Prairie, W I $ 545,070.00
S C S F ield Services Des Moines, I A $ 656,401.00
J oe Coleman & Sons P ana, I L $ 689,265.00
Needham Excavating Walcott, I A $ 822,464.50
Connolly Construction P eosta, I A $ 946,893.50
L andfill Drilling and Piping of Sun Prairie, W isconsin submitted the lowest responsive,
responsible bid. Staf f recommends awarding the Contract f or the L andfill G as C ollection System
Expansion Project to L andfill Drilling and Piping.
Background / Analysis:
T his project includes installation of additional landf ill gas collection system piping around the south
and west portions of the L andfill. A pproximately 5,100 linear feet of ten to twelve inch high density
polyethylene (HD P E) pipe is estimated for this expansion. T he proposed system will
accommodate leachate and condensate removal as well as access to cleanouts. T his system
expansion will increase the reliability of the gas collection system f or L andf ill, which will allow for
improved compliance with the L andfill’s environmental regulatory requirements. T his expansion
will enable more landf ill gas collection from the L andf ill’s newest cells, Cells F Y09 and F Y18.
F uture horizontal collection lines and vertical gas extraction wells will tie into this
expansion. Disturbed areas will be restored, including: clay intermediate cover, asphalt on the compost
pad and roadways, and seeding. T he construction schedule will be March through June 2022.
AT TAC HM E NT S :
Description
Resolution
Prepared by:Joe Welter,Engineering Division,410 East Washington Street,Iowa City,IA 52240(319)356-5144
Resolution No. 22-20
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Landfill Gas Collection System Expansion Project
Whereas, Landfill Drilling and Piping of Sun Prairie, Wisconsin, has submitted the lowest
responsible bid of$545,070.00 for construction of the above-named project; and
Whereas, funds for this project are available in the Landfill Gas Infrastructure Expansion, account
#L3343; and
Whereas, the City Engineer and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the 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 Landfill
Drilling and Piping of Sun Prairie, Wisconsin, 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.
Passed and approved this 1stday of February , 2022
Mayor j2j28- 1 -
b
f ) Approved
Attest: f k,-P t* ' �� P
City Clerk City Attorney O ice
(Sara Greenwood Hektoen— 1/26/22)
It was moved by Weiner and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
Bergus
X Harmsen
x Taylor
x Teague
x Thomas
x Weiner
Item Number: 6.c.
F ebruary 1, 2022
Resol u tion rejectin g al l bid s received on January 19, 2022 for th e Ben ton
Street Rehab ilitation Proj ect [S TP-U-3715(669)—70-52].
Prepared B y:Melissa Clow, Special P rojects Administrator
Reviewed By:J ason Havel, City E ngineer
Ron K noche, P ublic Works Director
Geoff Fruin, City Manager
F iscal I mpact:F unding for this project is available in the Benton Street Rehabilitation
account #S3947
Recommendations:Staff: Approval
Commission: N/A
Attachments:L ocation Map
Resolution
Executive S ummary:
T his agenda item rejects the bids received for the Benton Street Rehabilitation Project.
One (1) bid was submitted through the I owa D epartment of Transportation by the J anuary 19,
2022 deadline:
Bidder Name City Base Bid
Boomerang Corporation A namosa, I A $4,518,620.00
E ngineer ’s Estimate $3,200,000.00
Because the lowest responsive bid submitted exceeded the Engineer’s estimate of probable cost
by more than 41%, staff recommends that Council reject the bid.
I n response to the signif icantly high single bid, the City’s consultant reached out to a number of
contractors who were plan holders and did not prepare a bid. I t was noted that this I owa D O T
letting was very large and most of the contractors expressed interest in a May re-bid.
Engineering will modif y the project schedule to allow f or a later start date and longer construction
schedule spanning two construction seasons and revised plans will be submitted to the I owa D O T
for a future bid letting date.
Background / Analysis:
T he project corridor extends approximately 6,550 f eet along Benton Street, from Mormon Trek
Boulevard to 150 f eet east of B enton D rive. T he existing pavement is a 33’ wide P ortland Cement
Concrete (P C C) roadway with approximately two 13’ wide travel lanes (one in each direction) and
3’ painted shoulders. W ith the crack-and-seat and overlay project, the existing curb lines will
remain and the overall width of the street will stay the same. However, the roadway will be restriped
to include two 11-foot travel lanes (one in each direction) and 5’ on-street bike lanes.
T he C ity has completed a diamond grinding project within this section of B enton S treet to try and
address rideability issues. However, the existing pavement is in poor condition, with
joint deterioration becoming an increasing issue for much of the corridor. Sidewalk facilities exist along
both sides of Benton Street, including curb ramps at most intersections. However, many of the curb
ramps do not meet current AD A requirements.
T he MP O J C programmed $1,316,000.00 in S T B G f unding f or the B enton Street Rehabilitation
Project in the F Y2021-2024 Transportation I mprovement Program (T I P). Council accepted this
funding in F ebruary 2021.
AT TAC HM E NT S :
Description
L ocation Map
Resolution
Exhibit A
(49.G
Prepared by: Melissa Clow, Special Projects Administrator, 410 E.Washington St., Iowa City, IA 52240, (319)356-5413
Resolution No. 22-21
Resolution rejecting all bids received on January 19, 2022 for the
Benton Street Rehabilitation Project [STP-U-3715(669)-70-52].
Whereas, one bid was received on January 19, 2022 by the Iowa Department of Transportation
(DOT)for the Benton Street Rehabilitation Project; and
Whereas, the bid received exceeded the Engineer's Estimate by more than 41%; and
Whereas, the Department of Public Works recommends that Council reject the bid; and
Whereas, funds for this project are available in the Benton Street Rehabilitation Project, account
#S3947.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. All bids received by the Iowa DOT on January 19, 2022 for the Benton Street
Rehabilitation Project are rejected.
Passed and approved this 1st day of February 2022
Ma,j.�'- C -
r Approved by
Attest: I • i) nt •
City lerk City Attor y's Office
(Sara Greenwood Hektoen— 1/27/22)
It was moved by Weinerand seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
X Bergus
x_ Harmsen
X Taylor
x Teague
Thomas
X Weiner
Item Number: 7.a.
F ebruary 1, 2022
Resol u tion settin g a public hearin g on setting the maximu m prop erty tax levy
for certain l evies for the prop osed budget endin g Ju n e 30, 2023.
Prepared B y:Nicole Davies, I nterim F inance Director
Reviewed By:Geoff Fruin, City Manager
F iscal I mpact:Proposed as part of the Fiscal Year 2023 Budget
Recommendations:Staff: Approval
Commission: N/A
Attachments:Max L evy Hearing Notice
Resolution
Executive S ummary:
T he S tate legislature adopted new law changes regarding the annual budgeting process. Cities
are now required to hold a public hearing to set a maximum property tax levy f or certain levies.
T he proposed public hearing date is February 15, 2022 at 6 p.m. for the City Council to consider
the C ity's proposed maximum property tax levy f or certain levies for the proposed fiscal year 2023
budget.
Background / Analysis:
I n the Spring of 2019, the State law changes incorporated new regulations surrounding the
management of the annual budget process. I n addition to being adopted as part of the budget,
which is subject to a public hearing, a maximum property tax levy f or certain levies is now required
to be approved by the C ity Council by resolution prior to the adoption and public hearing f or the
proposed budget.
T he levies required to be included in the maximum property tax levy are non-voted levies, which
for the C ity of I owa C ity include the R egular General L evy, the Transit L evy, the Tort L evy, the
Emergency L evy, and the E mployee B enefits related levies. T he total maximum property tax levy
for the af f ected levies is $54,723,679 and the calculated maximum tax rate for the affected levies
is $12.88459.
T he L ibrary L evy and the Debt S ervice L evy were not af f ected by the changes to the I owa Code.
T hose levy rates are $.27 and $2.47846, respectively. T he proposed total combined property tax
levy rate is $15.63305, which is $.04 lower than the total combined levy rate for fiscal year 2022.
T he Ag L and L evy rate is also not affected and rem ains at $3.00375, and the D owntown S S MI D
L evy rate is not affected and remains at $2.00. A S outh D istrict S S MI D L evy rate was added for
the fiscal year 2023 and will have a rate of $5.00.
T he notice of public hearing is to be published in a newspaper of general circulation in I owa City,
not less than ten days and no more than 20 days bef ore the public hearing, as well as published
on the City’s website and social media pages. T he chosen publication date is F ebruary 4, 2022. I f
the property tax dollars requested result in a greater than 2% increase from the previous fiscal
year, a two-thirds majority vote approval is needed. The City’s proposed increase in the maximum
property tax for certain levies is not in excess of 2%, therefore will only need approval from a
simple majority of Council members.
AT TAC HM E NT S :
Description
Max L evy Hearing Notice
Resolution
1/19/2022 Local Government Property Valuation System
https://dom-localgov.iowa.gov/budget-renderer?id=10724 1/2
NOTICE OF PUBLIC HEARING - CITY OF IOWA CITY - PROPOSED PROPERTY TAX LEVY
Fiscal Year July 1, 2022 - June 30, 2023
The City Council will conduct a public hearing on the proposed Fiscal Year City property tax levy as follows:
Meeting Date: 2/15/2022 Meeting Time: 06:00 PM Meeting Location: 28 S. Linn St, The Center
At the public hearing any resident or taxpayer may present objections to, or arguments in favor of the proposed tax levy. After adoption of the proposed tax levy, the City
Council will publish notice and hold a hearing on the proposed city budget.
City Website (if available)
icgov.org City Telephone Number
(319) 356-5050
Current Year Certified
Property Tax 2021 - 2022
Budget Year Effective
Property Tax 2022 - 2023
Budget Year Proposed Maximum
Property Tax 2022 - 2023
Annual
% CHG
Regular Taxable Valuation 4,261,347,436 4,247,219,355 4,247,219,355
Tax Levies:
Regular General 34,516,914 34,516,914 34,402,477
Contract for Use of Bridge 0
Opr & Maint Publicly Owned Transit 4,048,280 4,048,280 4,034,858
Rent, Ins. Maint. Of Non-Owned Civ. Ctr.0
Opr & Maint of City-Owned Civic Center 0
Planning a Sanitary Disposal Project 0
Liability, Property & Self-Insurance Costs 1,237,665 1,237,665 1,233,562
Support of Local Emer. Mgmt. Commission 0
Emergency 1,022,723 1,022,723 849,444
Police & Fire Retirement 3,998,012 3,998,012 3,984,741
FICA & IPERS 3,882,572 3,882,572 3,869,684
Other Employee Benefits 6,370,015 6,370,015 6,348,913
Total Tax Levy 55,076,181 55,076,181 54,723,679 -0.64
Tax Rate 12.92459 12.96759 12.88459
Explanation of significant increases in the budget:
Property Tax askings for fiscal year 2023 are 0.64% lower than those of fiscal year 2022. The average wage increase was 1.5% and City property and liability insurance
costs increased by 35.3%.
If applicable, the above notice also available online at:
icgov.org
*Total city tax rate will also include voted general fund levy, debt service levy, and capital improvement reserve levy.
**Budget year effective property tax rate is the rate that would be assessed for these levies if the dollars requested is not changed in the coming budget year
°t/
Prepared by: Jacklyn Fleagle,Budget&Compliance Officer,410 E.Washington St., Iowa City, IA 52240(319)356-5063
Resolution No. 22-22
Resolution setting public hearing on setting the maximum property tax levy
for certain levies for the proposed budget ending June 30, 2023.
Be it resolved by the City Council of Iowa City, Iowa, that a public hearing will be held in The
Center, Assembly Room, 28 S. Linn Street, at 6:00 p.m., February 15, 2022, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit
any citizen to be heard for or against the setting of a maximum property tax levy for certain
property tax levies for the budget year ending June 30, 2023.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10)days and not more than twenty (20)days before the time set for such hearing.
Passed and approved this 1st day of February , 20 22 .
Approved by
•
Attest: 14,c ( (.'.P Ludt:cm
City Clerk City Atto ey's Office— 1/20/22
J
It was moved by Weiner and seconded by Tayl or the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
X Harmsen
x Bergus
x Taylor
X Teague
X Thomas
Weiner
Item Number: 7.b.
F ebruary 1, 2022
Resol u tion settin g a public hearin g on F eb ru ary 15, 2022 on proj ect man u al
and estimate of cost for the con struction of the Chad ek G reen , W h ispering
Mead ows & Court Hil l Parks Improvements Project, directing City Clerk to
p u b l ish n otice of said hearin g , and d irectin g th e City En g ineer to place said
p roject manual on file for p u b l ic inspection.
Prepared B y:Ben Clark, Sr. Civil Engineer
Reviewed By:J uli Seydell J ohnson, Parks and Recreation Director
J ason Havel, City E ngineer
Ron K noche, P ublic Works Director
Geoff Fruin, City Manager
F iscal I mpact:$820,000 available in the Chadek Green P ark P layground and Shelter
account #R4350, W hispering Meadows Park Ecological Restoration & P ark
I mprovements account #R4357, and Court Hill Park Shelter & Playground
Replacement account #R4368.
Recommendations:Staff: Approval
Commission: Yes
Attachments:L ocation Map
Resolution
Executive S ummary:
T his agenda item begins the bidding process f or the construction of the Chadek Green,
W hispering Meadows & Court Hill Parks I mprovements Project.
Background / Analysis:
T he scope of work consists of three separate and distinct park sites that will be bid and
constructed as one project. The description for each park site is as follows:
Chadek Green P ark includes a new restroom, water hydrants f or the community gardens, a
handicap accessible parking lot and sidewalk infill along F riendship Street. A pad will also be
installed f or pre-purchased playground equipment, and a shelter is included as a budget-
dependent alternate bid item.
W hispering Meadows Park includes a pad for pre-purchased “pocket park” playground
equipment. A shelter is also included as a budget-dependent alternate bid item.
Court Hill P ark includes a new pad for pre-purchased playground, a replacement shelter and new
accessible paths between park features.
T hese projects were prioritized by the 2017 Park Master Plan, and neighborhood meetings were
held to gather input on park design and features.
AT TAC HM E NT S :
Description
L ocation Map
Resolution
Prepared by:Ben Clark,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436
Resolution No. 22-23
Resolution setting a public hearing on February 15, 2022 on
project manual and estimate of cost for the construction of the
Chadek Green, Whispering Meadows & Court Hill Parks
Improvements Project, directing City Clerk to publish notice of
said hearing, and directing the City Engineer to place said
project manual on file for public inspection.
Whereas, funds for this project are available in the Chadek Green Park Playground and Shelter
account #R4350, Whispering Meadows Park Ecological Restoration & Park Improvements
account#R4357, and Court Hill Park Shelter& Playground Replacement account#R4368.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
1. A public hearing on the project manual and estimate of cost for the construction of the
above-mentioned project is to be held on the 15th day of February, 2022, at 6:00 p.m. in
the Assembly Room at The Center, 28 S Linn 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. If City Council does not meet in person due to the health and safety concerns from
COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings.
For information on how to participate in the electronic meeting, see
www.icgov.org/councildocs or telephone the City Clerk at(319)356-5043.
3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four(4) nor more than twenty (20) days before
said hearing.
4. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this 1st day of February , 2022
May anr�� -'—
er
Approved by
Attest V ' ) 9 " ' -
City C erk City Attorn 's Office
(Sara Greenwood Hektoen— 1/26/22)
Resolution No. 77-71
Page 2
It was moved by Weiner and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
Harmsen
X
X Taylor
X Teague
X Thomas
X Weiner
Item Number: 10.
F ebruary 1, 2022
Resol u tion approvin g proj ect man u al and estimate of cost for the
constru ction of th e Iowa City Public Works Material Storag e Bin s Project,
establish ing amou n t of bid secu rity to accomp any each bid , d irectin g City
Cl erk to post n otice to b idders, and fixin g time an d place for receip t of bid s.
Prepared B y:Melissa Clow, Special P rojects Administrator
Reviewed By:J ason Havel, City E ngineer
Ron K noche, P ublic Works Director
Geoff Fruin, City Manager
F iscal I mpact:$400,000 available in the S and/S alt S torage Bunkers P roject account
#P 3985
Recommendations:Staff: Approval
Commission: N/A
Attachments:L ocation Map
Resolution
Executive S ummary:
T he I owa City Public Works Material Storage Bins P roject includes the base bid of one 1,600 S F
covered storage area to allow f or the improved storage of sand / salt mixture and other materials.
T he project consists of selective demolition, pavement rework, electrical site lighting to assist with
24/7 operations, improved drainage and new storm sewer. A n alternate f or an additional 1,600 S F
is included in the final plans.
Background / Analysis:
T he C ity currently uses two uncovered storage areas, each approximately 900 S F made up of
gravity walls. These existing walls have been in use since the construction of the S alt S torage
Building in 2010.
T he new, covered storage areas were originally included in the P ublic Works F acility project but
were removed due to budget constraints. Storage of the City’s sand / salt mixture in a covered
location provides several benefits. F irst, covered storage will help to minimize the material from
getting wet, which can lead to the salt becoming dissolved and draining into the sewer. S econd,
during cold weather, the wet material becomes frozen together in large chunks, making it more
difficult to load and spread effectively on the local roads. T he covered area will also provide more
flexibility to carry more salt through the summer months if there is remaining material after the
winter. These bins can also be used to store topsoil, compost and other materials during the
summer construction season.
T he Streets D ivision is planning to move and repurpose the existing gravity block walls elsewhere
on the P ublic Works S ite for additional material storage.
Project T imeline:
Hold P ublic Hearing / A pprove P lans and Specifications – February 1, 2022
Bid L etting – February 23, 2022
Award Date – March 1, 2022
Construction Start – S ummer 2022
F inal Completion – Fall 2022
AT TAC HM E NT S :
Description
L ocation Map
Resolution
ig .
Prepared by:Melissa A.Clow,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5413
•
Resolution No. 22-24
Resolution approving project manual and estimate of cost for the
construction of the Iowa City Public Works Material Storage Bins
Project, establishing amount of bid security to accompany each
bid, directing City Clerk to post notice to bidders, and fixing time
and place for receipt of bids.
Whereas, notice of public hearing on the project manual and estimate of cost for the above-
named project was published as required by law, and the hearing thereon held; and
Whereas, the City Engineer or designee intends to post notice of the project on the website
owned and maintained by the City of Iowa City; and
Whereas, funds for this project are available in the Sand/Salt Storage Bunkers account# P3985.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The project manual and estimate of cost for the above-named project are hereby
approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated
by the Master Builder of Iowa, and the Iowa League of Cities website.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 2:00 p.m. on the 23'd day of
February, 2022. At that time, the bids will be opened by the City Engineer or his designee,
and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon
said bids at its next regular meeting, to be held at the Assembly Room at The Center, 28 S
Linn Street, Iowa City, Iowa, at 6:00 p.m. on the 2"d day of March, 2022, or at a special
meeting called for that purpose. If City Hall is closed to the public due to the health and
safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays
through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to
the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival
telephone the City Clerk at 319/356-5043.
5. If City Council does not meet in person due to the health and safety concerns from
COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings.
For information on how to participate in the electronic meeting, see
www.icgov.org/councildocs or telephone the City Clerk at(319) 356-5043.
Resolution No. 22-24
Page 2
Passed and approved this 1st day of February , 2022.
May ~ham L,
( Approv by.
` )
Attest: �.�-t' � �1 A,t (i %
City Clerk ) City Atto ey's Office
(Sara Greenwood Hektoen— 1/24/22)
It was moved by Weiner and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
X Harmsen
X Taylor
X Teague
X Thomas
X Weiner
Item Number: 11.
F ebruary 1, 2022
Resol u tion auth orizing the con veyance of a u til ity easement to Mid American
Energ y Comp any across Lot 37, Park View Terrace Subdivision , Iowa City,
Iowa.
Prepared B y:J ason Havel, City E ngineer
Reviewed By:Ron K noche, P ublic Works Director
Geoff Fruin, City Manager
F iscal I mpact:None
Recommendations:Staff: Approval
Commission: N/A
Attachments:Easement
Resolution
Executive S ummary:
T his agenda item will grant to MidA merican Energy C ompany an underground utility easement
across L ot 37, P ark View Terrace S ubdivision, I owa City, I owa.
Background / Analysis:
MidAmerican E nergy Company currently provides electrical service to the City of I owa City’s
West Park L if t Station, which is located in L ower City P ark. As part of the planned improvements
to the lif t station, an upgraded electrical service line is required. The requested easement will
allow for MidA merican Energy Company to provide the upgraded electrical service for the City’s
lift station improvement project.
AT TAC HM E NT S :
Description
Easement
Resolution
Prepared by and return to: Tyler Gartenberg 515-281-2334
MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES, IA 50306-0657
MIDAMERICAN ENERGY COMPANY
UNDERGROUND ELECTRIC EASEMENT
State of Iowa
Folder No. 106056-21 County of Johnson
Work Req. No. DR2880366X Section 04
Project No. A1155 Township 79 North
Range 6 West of the 5th RM.
1. For and in consideration of the sum of One and no/100--Dollar ($1.00), and other valuable
consideration, in hand paid by MIDAMERICAN ENERGY COMPANY, an Iowa corporation, receipt of which
is hereby acknowledged, the undersigned owner(s) City of Iowa City, Iowa, a municipal corporation, its
successors and assigns ("Grantor"), does hereby grant to MIDAMERICAN ENERGY COMPANY, its
successors and assigns ("Grantee"), a perpetual, non-exclusive easement to construct, reconstruct,
operate, maintain, replace or remove underground conduits, wires and cables for the transmission and
distribution of electric energy and for communication and electrical controls, including other reasonably
necessary equipment incident thereto (collectively "Facilities") under and on the surface of the ground,
through and across certain property described below, together with the right of ingress and egress to and
from the same, and all the rights and privileges incident and necessary to the enjoyment of this easement
("Easement Area").
DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:
Lot Thirty-seven (37), Park View Terrace Subdivision, Iowa City, Iowa, as shown by the recorded plat
thereof.
EASEMENT AREA:
An underground electric easement described as follows:
The southerly ten(10)feet of the above described property, more accurately depicted on Exhibit A,attached
hereto and made a part hereof.
Page I
Ver()GI I. 10.6 15
CUSTOM
2. Additionally, Grantee shall have the right to remove from the Easement Area described above, any
obstructions, including but not limited to, trees, plants, undergrowth, buildings, fences and structures that
interfere with the proper operation and maintenance of said Facilities and equipment.
3. Grantor agrees that it will not construct or place any permanent or temporary buildings, structures,
fences, trees, plants or other objects on the Easement Area described above or make any changes in
ground elevation without written permission from Grantee indicating that said construction or ground
elevation changes will not result in inadequate or excessive ground cover, or otherwise interfere with the
Grantee's rights to operate and maintain its Facilities.
4. In consideration of such grant, Grantee agrees that it will repair or pay for any damage which may
be caused to crops, fences, or other property, real or personal of the Grantor by the construction,
reconstruction, maintenance, operation, replacement or removal of the Facilities (except for damage to
property placed subsequent to the granting of this easement) that Grantee determines interferes with the
operation and maintenance of the Facilities and associated equipment.The cutting, recutting, trimming and
removal of trees, branches, saplings, brush or other vegetation on or adjacent to the Easement Area is
expected and not considered damage to the Grantor.
5. Additionally,when Grantor provides or installs duct/conduit for said Facilities,this grant shall cover
and include all Facilities installed as a part of the Easement Area.
6. Grantor certifies that it is not acting, directly or indirectly, for or on behalf of any person, group,
entity or nation named by any Executive Order or the United States Treasury Department as a terrorist,
"Specially Designated National and Blocked Person"or any other banned or blocked person, entity, nation
or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office
of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly, on behalf of, any
such person, group, entity or nation. Grantor hereby agrees to defend, indemnify and hold harmless the
Grantee from and against any and all claims, damages, losses, risks, liabilities and expenses (including
attomey's fees and costs)arising from or related to any breach of the foregoing certification.
7. Each of the provisions of this easement shall be enforceable independently of any other provision
of this easement and independent of any other claim or cause of action. In the event of any matter of
dispute arising out of or related to this easement, it is agreed between the parties that the law of the
jurisdiction and location where this easement is recorded (including statute of limitation provisions) will
govern the interpretation, validity and effect of this easement without regard to the place of execution or
place of performance thereof, or any conflicts of law provisions.
8. Grantor hereby relinquishes all rights of dower, homestead and distributive share in and to the
property and waives all rights of exemption as to any of the property. Grantor understands that homestead
property is in many cases protected from the claims of creditors and exempt from judicial sale; and that by
signing this easement,voluntarily gives up any right to this protection for this property with respect to claims
based upon this easement.
9. Grantor warrants to Grantee that Grantor holds title to the Easement Area in fee simple and
Grantor has good and lawful authority to grant the rights provided in this easement.
Page 2
\'cr UC,FP Ift 15
C I'STOV
Dated this 1st day of February , 20_
City of Iowa City, Iowa, a municipal corporation
By: .,"C -
T:Ter
Its: M or
Print Bruce Teague, Mayo.
Attest:- . , ,
ACKNOWLEDGMENT
STATE OF lowc„
ss
COUNTY OF -So4nynSor )
This record was acknowledged before me on Fcbvg bk , 20 Z2-, by
Scutt-V-t&c tsL31-7IIte as M - e'r 4- C1z,4k- of the City of Iowa City, Iowa, a
municipal corporation. Frvr.;nliny
11
ASHLEY AJAY-PtATZ I —.La
SiEr gnature
CommisslonNo.785030 Signature .jV! PiPu. '
My Commission Expires
iowN July 14,2023
Page 3
Vet UGEE 10-6-15
CUSTOM
Parcel Legal Description: Lot Thirty-seven (37), Park View Terrace Subdivision, Iowa City, Iowa,as
shown by the recorded plat thereof.
EXHIBIT "A" Easement Area:The southerly ten (10)feet of the above described property.
Legend
— - Subject Property Line & ROW
lifEN - 10 Foot Wide Easement
Area
Manor Drive
d
.A-
-0
d
r+
CD
Lot 37
Vol
tMIDAMERICAN Customer: City of Iowa City Folder No. 106056
ENERGY COMPANY Address: 732 Manor Drive Scale: Not to Scale Date: 9/14/2021
City: Iowa City State: Iowa Sec 04,T 79, R 6 It
Job Desc: Underground Electric Easement
I ,
Prepared by Jason Havel,Engineering Division,410 E.Washington SL,Iowa City,IA 52240,319-356-5410
Resolution No. 22-25
Resolution authorizing the conveyance of a utility easement to
MidAmerican Energy Company across Lot 37, Park View Terrace
Subdivision, Iowa City, Iowa.
Whereas, the City desires to upgrade its electrical service to the West Park Lift Station; and
Whereas, the City has requested MidAmerican Energy Company provide the upgraded electrical
service for this public improvement project; and
Whereas, to facilitate this, MidAmerican Energy Company proposes running the utility through a
City-owned lot at Lot 37, Park View Terrace Subdivision, Iowa City, Iowa, locally known as 732
Manor Drive; and
Whereas, the City finds this to be a reasonable route for providing the upgraded electrical service
as requested by the City; and
Whereas, the City finds it reasonable to provide the easement without additional compensation
because the upgraded service is being supplied at the City's request for a City project; and
Whereas, following public hearing on the proposed conveyance, the City Council finds the
conveyance of an underground utility easement 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 to execute an
underground utility easement and any other documents in forms acceptable to the City
Attorney that may be necessary to convey a utility easement across Lot 37, Park View
Terrace Subdivision, Iowa City, Iowa, to MidAmerican Energy Company.
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 1st day of February , 2022
MaySVIA-ec—' C-9-Cer
f _ ' ) f Appre f'-d by
Attest: 1:� , 1 , I/);u�W
Cat Clerk City Atto ney's Office
(Sara Greenwood Hektoen- 1/24/22)
Resolution No. 22-25
Page 2
It was moved by Bergus and seconded by Alter the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
X Harmsen
X Taylor
X Teague
x Thomas
X Weiner
Item Number: 15.
F ebruary 1, 2022
Resol u tion adop tin g an assessmen t sch edule of u n p aid mowin g , cl ean -u p of
p roperty, snow removal , sidewal k rep air, an d stop b ox rep air charg es and
d irectin g th e Cl erk to certify the same to th e Joh n son County Treasurer for
collection in the same manner as prop erty taxes.
Prepared B y:Kellie K . Fruehling, City Clerk
Reviewed By:Sue Dulek, Assistant City Attorney
F iscal I mpact:No impact
Recommendations:Staff: Approval
Commission: N/A
Attachments:Resolution w/ E xhibits A and B
Executive S ummary:
T his resolution is to adopt an assessment schedule for unpaid mowing, property clean-up, snow
removal, sidewalk repair, and stop box repair.
Background / Analysis:
T he City has the authority under I owa Code §364.13B to assess the nuisance abatement costs in
the same manner as a property tax. T his resolution allows the City C lerk to certif y to the J ohnson
County Treasurer the abatement cost to be assessed against the property. T his assessment is
being pursued only af ter the City took many steps to resolve the matter. The City notif ied the
property owners to abate the nuisance (for example, to remove snow f rom the sidewalk) and after
the owner did not take action to abate the nuisance, the C ity abated the nuisance and billed the
owner. A f ter being billed at least twice, these owners still have not paid the abatement costs. The
City has sent a letter to the owner giving them notice that this resolution would be on the agenda, a
copy of which is attached to the resolution. No interest will be charged if the owner pays within 30
days of the first required publication. A ttached as an exhibit to the resolution is a list of the
properties that will be assessed and the amount that will be assessed.
AT TAC HM E NT S :
Description
Resolution
Exhibit A
Exhibit B
Prepared by: Kellie Fruehling, 410 E. Washington St., Iowa City, IA 52240-319-356-5040
RESOLUTION NO. 22-26
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 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
17, 2022.
Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City,
Iowa. Until March 16, 2022 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.
Resolution No. 22-26
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.
Passed and approved this 1st
ATTEST:
day of February
, 2022.
Mayor
It was moved by Bergus and seconded by Alter
adopted, and upon roll call there was:
AYES:
x
x
x
x
X
sue\Ord&Res\AbateRes.doc
Approved by
City Att• ey's Office
(Sue Dulek — 1/24/22)
NAYS: ABSENT:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
the Resolution be
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_ Property Add6m
1034 9 GOVERNOR ST
121E E COLLEGE ST
CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID
WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP
BOX REPAIR, AND PROPERTY CLEANUP
Frozen Meters = Water Lien
Legal Description
D A OEWEYS ANON N 1/2 LOT 4 810 3
CLARK & BORLANDS ADDE1SON W 90' OF 5 93.3' LOT B BLK 2
EXHIBIT A
Parcel Number
1003484005
1018382005
Appraised Value
$ 105.680.00
$ 193,63000
Property Owner
D & ] PROPERTIES LLC
0096.015, ROAM T
Servk8(a)_Rsndered
Refuse -special Dick UD
Sidewalk Repair
Dabs of Service(s)
8/3/2021
10/2+ + 1
Con - '-Mice
83.00
$ 162.13
11188101 i
86693
88226
Balance Outstanding
4 83.00
162.13
1181 HOTZ AVE
1013E MARKET ST
314 W 00111311 5T
517 5 LUCAS ST
1288 DOLEN PL
1192 HOTZ AVE
12 8RGOKF ELD OR
RAPHAEL PLACE LOT 30
N
W CLARKS ADDIRON N 50' LOT 5& W 20'QF N 50' LOT 4 91.0 2
PLAT OF IRREGULAR SURVEY SCHOOL LOT 5 E 1/2 T 3
OAK HILL ADDITION 540' LOT 5
TYN CAE ADDITION PART 2 101'55
9 99V1EL PACE LOT 13
WEST BEL AIR THIRD 800mON LOT 43
1011334001
1041331010
1016192005
1015104010
1017379020
1011306006
1011309004
270,760.00
6 148,480.00_
S 326,950.00
JAYNES, AW50N
JENSEN, DAVID 1JJENSEN, BRYAN ]/KNIPPER KYLE ]
MATNIC LLC
5 206.740,00 MILLER. JEFFREY L- MILLER, SUSAN ]
$ 253.610.00
$ 197,480.00
173, 320.00
NR INVESTMENTS LLC
ROEEIOS, 1ENNIFE6H1RO81RTS, BREN
W IESE, LATHER] RE/6LIJOA- IONN.PAUL
Sidewalk Repalr
50Cwa0+ R
V
Rey special pick up
x Refuse -special pick up
Refuse-speclal pick up
SLdewan Repair
5kf0welk RepBI
10/20/2021
10/20/2021
7/27/2021
7//28/21
8/3/2021
10/20/2921
10120/2021
g 555.87
g 299.27
$ 125.00
155.00
5 93.00
5 1,143.30
88204
Ba73a
86717
86719
86702
88206
g 555.87
;
299.27
g 125.00
155,00
S 83.00
g 1,113.30
S 460.00 68224 3
460.00
15.
Late Handouts Distributed
(Date)
1t7D ,
•CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID EXHIBIT A
WEED REMOVAL,SIDEWALK REPAIR,SNOW REMOVAL,STOP
BOX REPAIR,AND PROPERTY CLEANUP
Frozen Meters=Water Lien
Property Addrlall i Description Parcel Number Appraised Value Property Owner Services)Rendered Date of Servi - s Cost of Sere'• Invoice# Balance Outstanding
24 N GOVERNOR 57 D A DEWEY'S ADDITION N 1/2 LO MX 3 1003484005 $ 105,680.00 0&I PROPERTIES LLC Refuse-specialjackup 8/3/2021 f I .4 r 86693 S 83.00
IRE COLLEGE ST CLARK&RORLANDS ADDITION W 40 OF 5 'LOT 8 MK 2 1011382005 $ 193,630.00 DEVALOI5,RORY T Sidewalk Repair 1120/2021 $ 162.13 88226 $ 162.13
SI H0T7 AVE RAPHAEL PLACE LOT 30 1011334001 S 270,760.00 JAMES,ALLISON Sidewalk Repair 10/20/2021 5 555.87 88204 5 555.87
113E MARX/1ST 1 W CLARKS ADDITION N SO'LOTS&W 28 CO N SC LOT 4 OLX 1011331006 $ 146,480.00 1ENSEN,DAVID 171EN5EN.BRYAN J/KNIPPER,KYLE 1 Sidewalk Repair 10/20 ••1 5 299.27 88210 $ 299.27
-
8)4 GLENDALE RI) WEST BEL AIR THIRD ADDITION LOT 42 1011309005 S 233,730.00 MASTELLER MARY 10 Sidewalk Repair •20/2021 S 1,257.80 , 88197 S 200.00
19 W 8ENTON ST PLAT OF IRREGULAR SURVEY SCHOOL LOT 5 1 1/2 LOT 3 016192005 6 326,950.00 MATNIC LIC Refuse special pick u• 7/27/2021 $ 125.00 86717 $ 125.00
17 5 LUCAS ST DAX HILL ADDITION S 40'LOTS 10151 0 $ 206,740.00 MILLER,JEFFREY L-MILLER.SUSAN J Refuse-speci. •ck up 7//28121 S 155-00 86719 $ 155.00
12 5 LUCAS ST H SMITH SU801%11S108 LOT 3 EXC E 7 1015185002 S 131,460.00_MOOD,LLC Refu • pecial pick up 7129/2021 S 284.00 86714 $ 284.0C
200 DOLEN Pt TTN CAE ADDITION PART 2 LOT 55 10/7375020-S 253, 00 NR INVESTMENTS LLC -efuse-spec al pick up 8/3/2021 S 83.00 86702 $ 83.00
192 11072 AVE RAPHAEL PLACE LOT 13 1011306006 $ 197,480.00 '=•ERT5,JENNIFER H/ROBERTS,BRENT D Sidewalk Repair 10/20/2021 S 1,143.30 138206 $ 1,143.30
2 BROOKPIELD DR WEST 88..AIR THIRD ADDITION LOT 43 1011309004"5 173,320.00 WIESE a r ERINE/GLUBA,JOHN PALL Sidewalk Repair 10/2072021 $ 460.00 88224 5 460.00
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EXHIBIT B
January 24, 2022
«Property_Owner»
«Mailing_Address»
«City», «State» «ZIP»
Dear Property Owner:
This is to notify you that the City Council will be considering a resolution on
February 1, 2022 that will assess against your property the cost that the City has
incurred to do one of the following: unpaid mowing, clean-up of property, snow
removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a
copy of the bill. If the City Council approves the assessment against your property, the
amount will be collected by the Johnson County Treasurer in the same manner as a
property tax.
The City Council meeting begins at 6:00 pm and will be held in the Assembly Room at
The Center, 28 S. Linn Street. In order to encourage greater input from the public, the
Iowa City Council intends to offer the opportunity to participate in the meeting remotely.
However, this meeting is an in-person meeting. In the event of technological
problems, the meeting will continue in-person, so those wishing to ensure their
ability to participate should attend the meeting in-person. Meeting information will
be available on www.icgov.org/councildocs after 3:00 p.m. on January 27th.
If you want to challenge the assessment, you are advised to attend the City Council
meeting. You may also submit a letter or email to the City Council. The mailing address
is: City Council, % City Clerk, 410 E. Washington St., Iowa City, IA 52240 and the
email address is council@iowa-city.org Please note that all communication with City
Council is a public record.
If you pay the amount due in full before the City Council meeting, the resolution will not
include an assessment against your property. You can make the payment by mailing
or coming in person to the City Clerk’s office, 410 East Washington Street,
between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the
amount is not paid within the specified 30 days, interest will accrue at a rate set by the
City Council.
If you have any questions about the resolution, please contact my office at 356-5041.
Sincerely,
Kellie Fruehling
City Clerk
Enc.
Copy to: Accounting Division-w/enc.