Loading...
HomeMy WebLinkAbout1997-03-04 Resolution Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5143 RESOLUTION NO. 97-63 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1997 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18th day of March 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That 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, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 4th day of Ma~ch , 1997. MAyC~R~h~-~C~, ATTEST: 'T:T:T~L,~RK~,2 CI City Attorney's Office It was moved by Norton and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef pweng~asphalt,res City of iowa City MEMORANDUM Date: February 21, 1997 To: City Council From: Rick Fosse ~ Re: 1997 Asphalt Resurfacing Project Following is the list of streets to be resurfaced this summer: STREETS TO BE OVERLAYED Melrose Avenue Highway 218 to City limits (including shoulder improvements) Dubuque Street Northbound lane, Mayflower Apts. to 200' north of Ridge Rd. Park Road Ferson to 140' west of Hutchinson Market Street Clinton to Dodge Newton Road Elliot Drive to just east of WooIf Avenue Iowa Avenue Gilbert St. to Muscatine Ave. Washington Street Van Buren St. to Governor St. Prairie du Chien Road Dodge St. to 1502 Prairie du Chien Gilbert Street First St. thru Kirkwood Ave. McLean Street Lexington west to dead end Dodge Street Various patches in the 1100 block of North Dodge St. STREETS TO BE SEAL COA TED Grove Street West of Beldon Conklin St. All St. Clements North and South St. Clements Slothower Road South 1200' Dodge Street Court All Prepared by: Joe Fowler, Director of Transit, 410 E. Washington St., iowa City, IA 52240 319-356-5156 RESOLUTION NO, 97-64 RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED RATE INCREASE FOR SIXTY MINUTE PARKING METERS LOCATED IN THE CENTRAL BUSINESS (CB-q O) ZONE. WHEREAS, the City of Iowa City proposes to increase parking rates on sixty (60) minute meters located in the Central Business (CB-10) zone; and WHEREAS, City Code requires that notice and public hearing on the proposed rate increase be provided to the public, prior to enactment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. A public hearing is hereby set for 7:00 p.m. on March 18, 1997, to be held in the Civic Center Council Chambers, to permit public input on the proposed rate change. 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, not less than four (4) nor more than twenty (20) days before said hearing. Passed and approved this 4th day of [vla~'ch , 1997. MAYOR ;2'~(~ Approved by CI City Attorney's Office finadm\meterinc.res Resolution No. 97-64 Page 2 It was moved by Norton and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 319-356-5246 RESOLUTION NO, 97-65 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 1168 EAST COURT STREET, IOWA CITY, IOWA WHEREAS, on August 26, 1986 the property owner of 1168 East Court Street executed a Rental Rehabilitation Lien which provided for a 1 O-year, no-interest Declining Balance Loan in the amount of $5,000 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms and conditions of the lien expired on February 25, 1997. 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 1168 East Court Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on August 28, 1986 in Book 876, Pages 128 through 130 of the Johnson County Recorder's Office. Passed and approved this 4th day of Ma~'ch , 1997. MAyOR~,h,~,C(_~, '2~ T Gity Attorney's Office ppdrehab\l 168cour.res Resolution No. 97-65 Page 2 It was moved by Norton and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby ~( Lehman X Norton X.. Novick X Thornberry X Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEi~i The City of Iowa City does hereby release the property at 1168 East Court Street, Iowa City, Iowa, and legally described as follows: Lot 20 of the Subdivision of Cakes First and Second Additions to Iowa City, Iowa, according to the recorded plat thereof, from an obligation of the property owner, Dwight Hunter, to the City of Iowa City in the principal amount ot $5,000 represented by the Rental Rehabilitation Lien recorded on August 28, 1986 in Book 876, Pages 128 through 130 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. MAy~2'~R(~ (,~ '2~~ A ove ,~ ATTEST: 7/~-//~4~---) ,~- 2/f/'g P~Z o~-~)"~? CITY CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ?' day of Tracer-oh , A.D. 19 ~'~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick 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. ~'?-r~ S' , adopted by the City ,~L da ~ Council on the fi~ y rr~¢cJ, , 19 ~? and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\l168cour.rel Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 319-356-5246 RESOLUTION NO, 97-66 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF ARENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 403 SOUTH LUCAS STREET, IOWA CITY, IOWA WHEREAS, on August 15, 1986 the property owners of 403 South Lucas Street executed a Rental Rehabilitation Lien which provided for a I O-year, no-interest Declining Balance Loan in the amount of $8,000 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms and conditions of the lien expired on February 15, 1997. 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 403 South Lucas Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on August 28, 1986 in Book 876, Pages 124 through 127 of the Johnson County Recorder's Office. Passed and approved this 4th day of Nla~'c.h , 1997. ATTEST: ~'~~ ~- ~¢/~ A~y ")-.~ CITY CLERK City Attorney's Office ppdrehab\403sluca.res Resolution No. 97-66 Page 2 It was moved by Norton and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick × Thornberry X Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356~5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 403 South Lucas Street, Iowa City, Iowa, and legally described as follows: A lot in the 10 acre tract in the Northeast Quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M. known as the Lyon Tract in Iowa City, Iowa, said lot being more particularly described as follows, to wit: Beginning at a point on the West line of Lucas Street in said Iowa City, Iowa which point is 100 feet south of the northeast corner of said 10 acre tract (which corner coincides with the south line of Out Lot 28 in Iowa City, Iowa, extended), running thence west 159 feet, thence South 60 feet, thence east 159 feet, thence north 60 feet to the place of beginning. Subject to easements and restrictions of record. from an obligation of the property owners, Calvin E. and Deborah S. Fuoss, to the City of Iowa City in the principal amount ot $8,000 represented by the Rental Rehabilitation Lien recorded on August 28, 1986 in Book 876, Pages 124 through 127 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. Approved by CIT%7 CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1z day of ~FL~rc-I~ , A.D. 19 ~tl , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick 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~ouncil, as contained in Resolution No. c/?_ L~(-, adopted by the City Council on the ~/ day tTT~r_f, , 19 ~?? and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\403eluca.rel Notary Public in and for Johnson County, Iowa Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 31 9-356-52z~3 RESOLUTION NO. 97-67 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALDEN HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Walden Wood II Associates, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Walden Hills; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Walden Hills, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 4th day of March , 1997. MAYOR City Attorney's Office ppdadmin\waldenll.res Resolution No. 97-67 Page 2 It was moved by Lehman and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton ~ Novick Thornberry × Vanderhoef City of iowa City MEMORANDUM Date: December 19, 1996 To: Planning & Zoning Commission From: Scott Kugler, Associate Planner Re: SUB96-0028. Walden Hills Preliminary Plat. At its December 5 meeting, the Commission reviewed and recommended approval of the Sensitive Areas Overlay rezoning for the proposed Walden Hills development, located on the north side of Rohret Road east of Highway 218. When that application was submitted to the City, the application form indicated that the request was for only rezoning approval of the development. However, the plan submitted with the request was labeled "Preliminary Plat and S.A.D. Plan." The filing fee paid by the applicant was sufficient to cover both the rezoning and preliminary plat approval. Unfortunately, by the time staff noticed the discrepancy, the public notice and agenda had already been published for the December 5 meeting. Therefore, the preliminary plat component of this project has been placed on the December 19 agenda. The review of a preliminary plat and a preliminary Sensitive Areas Development Plan is essentially the same. In addition, I have been informed by other staff members reviewing the plan that their review considered the fact that it was titled as a preliminary plat. The plat/plan as approved with the rezoning application meets the technical requirements for approval as a preliminary plat. The recommendation for the rezoning of this property contained conditions regarding the extension of Shannon Drive coincident with the development of Lot 52, traffic calming measures being incorporated into the design of Shannon Drive, the requirement for a future OPDH rezoning for Lot 53, and the approval of a grading plan prior to City Council consideration of the rezoning. When the final plat is submitted for this property, the legal papers should address the timing of the installation of Shannon Drive and the fact that no development can occur on Lot 53 until an OPDH plan is approved for that lot, and the construction drawings should include traffic calming measures as shown on the plan. The grading plan will have to be approved prior to the approval of the preliminary plat, also. Other legal paper issues regarding this subdivision include the installation of sidewalks along Shannon Drive and Irving Avenue where they abut Outlots A and B, the construction of the proposed trail connection leading from Irving Avenue to the Willow Creek Trail, and provisions for the maintenance of the ponds within the development. The Parks and Recreation Commission reviewed the plan at its December 11 meeting, and recommended that the City accept the dedication of open space as proposed on the plan. However, it also recommended that some provision to allow a trail connection from the Willow Creek Trail to Rohret Road be incorporated into the plan. The Willow Creek Trail is planned to travel under Highway 218 via a drainage culvert if it is approved by the Iowa Department of Transportation. If it is not approved, an alternative plan is to connect the trail south to Rohret Road. The Parks and Recreation Commission indicated that its preference would be to have this connection made along the Highway 218 right-of-way, and if this is not possible, along an eight-foot wide sidewalk along Shannon Drive. If the eight-foot sidewalk option is chosen, the City would pay for the oversizing costs of the sidewalk. Although one of the applicants has indicated that he would be willing to discuss the possibility of an easement along the Highway 218 right-of-way, it does not appear that there is sufficient room to located both a trail and the proposed landscape buffer in this area. Staff plans to discuss this issue with the Director of Parks and Recreation prior to the December 16 informal meeting, and will have more information on this issue at that time. STAFF RECOMMENDATION: Staff recommends that SUB96-0028, a request for preliminary plat approval of Walden Hills, a 40.7 acre, 53-1ot residential subdivision located on the north side of Rohret Road, east of Highway 218, be approved, subject to the approval of RE:796~0020 by the City Council, and subject to approval of a grading plan prior to Council consideration of the plat. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat and Sensitive Areas Development Plan Approved by: /~~ zZ~,~ Robert Miklo, Senior Planner Department of Planning and Community Development LOCA'II'~ON MAF~ RH:=Z96,-O020 WALDIE N H ~ LLS <J MELROSE AVE ='~ I~ LME WEST HIGH ~ =. ..................... ............ . ........"'..~...,. - ~:,,, :'","= · ... ..,..;..,!""". \ . '~ """:=""':::""'-'!. ABBEY CITY OF IOWA CITY C0RPORA'E LIMITS Prepared by: Karin Franklin, Dir. of Planning & Comm. Develop., 410 E. Washington St,, Iowa City, IA 52240 (319)356-5232 RESOLUTION NO. 97-68 RESOLUTION SETTING A POLICY OF THE CITY COUNCIL REGARDING CITY STREET ACCESS TO WEST HIGH SCHOOL. WHEREAS, a network of streets will be created between Rohret Road and Melrose Avenue west of West High School as the development of this area proceeds; and WHEREAS, these streets will consist of a collector street and a number of local residential streets; and WHEREAS, the City Council is concerned about traffic in and through residential neighbor- hoods in Iowa City; and WHEREAS, from time to time the possibility of an access point to the south portion of the West High School property has been discussed by the City Council and the Iowa City Community School District; and WHEREAS, the traffic generated by the high school, particularly at peak times, may place an undue burden on the residential streets of the abutting neighborhood; and WHEREAS, West High School currently has two points of access to a city arterial street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council will, through the subdivision planning process, consider carefully any vehicular access from the south end of the West High School property to any neighborhood streets and reserves the right to restrict such access. This restriction, if exercised, may limit acces~ to certain times, or may prohibit access entirely. Passed and approved this 4th day of Narch , 1997, : A~by C T CLERK City Attorney's Office ppdadmin~westhigh,res Resolution No, 97-68 Page 2 It was moved by Thornberry and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman ~( Norton X Novick .X Thornberry X Vanderhoef Prepared by.' Franklin, Dir. of Planning & Comm. Develop., 410 E. Washington St., IA 52240 (319)356-5232 RESOLUTION NO. ITION SETTING A POLICY OF THE CITY COUNC CiTY TO WEST HIGH SCHOOL. WHEREAS, a of streets will be created between Road and Melrose Avenue west of West Hi! ;chool as the development of this ar, proceeds; and WHEREAS, these !ts will consist of a collector and a number of local residential streets; and WHEREAS, the City ;il is concerned abou' in and through residential neighbor- hoods in Iowa City; and WHEREAS, from time to the possibili of an access point to the south portion of the West High School property s been cussed by the City Council and the Iowa City Community School District; WHEREAS, the traffic generated high school, particularly at peak times, may place an undue burden on the residential st ~ts of the abutting neighborhood; and WHEREAS, West High School has two points of access to a city arterial street. NOW, THEREFORE, BE IT RE LVED FHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council will, h the planning process, consider carefully any vehicular access from south end of the ;t High School property to any neighborhood streets and reserves right to restrict such ess. This restriction, if exercised, may limit access to certain til or may restrict access Passed and appr this day of , 1997. MAYOR A pr ved by ~ ATTE )~' '~ °~q"'~e7 · ' ffice CITY CLERK pp gh.res Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-52z~3 RESOLUTION NO. 97-69 RESOLUTION APPROVING FINAL PLAT OF A RESUBDIVISION OF LOT 2, WESTPORT PLAZA, IOWA CITY, IOWA. WHEREAS, the Applicant, Staples, Inc., filed with the CitV Clerk the final plat of a Resubdivision of Lot 2, Westport Plaza, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS; said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lot 2, Westport Plaza, Iowa City, Iowa. WHEREAS, the Department of Planning and CommunitV Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City hereby releases those easement areas designated "Access Easement Released" on the Final Plat of A Resubdivision of Lot 2, Westport Plaza, Iowa City, Iowa, and hereby accepts the dedication of those easements designated "30' Access Easement" and "25' Access Easement" as provided bV law, acknowledging that the substituted access easements are governed by the original Access and Water Main Easement Agreement executed between the parties with the final Large-Scale Non- Residential Development Plan of Westport Plaza, Iowa City Iowa on February 13, 1991, said easement agreement being recorded in Book 1204, Page 150 of the Records of the Recorder, Johnson County, Iowa, as a covenant applying to and running with the land and with title to the land. Resolution No. 97-69 Page 2 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Cierk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 4th day of rvlarch , 1997. Approved by CLERK It was moved by Lehman and seconded by Vande~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton × Novick X Thornberry X Vanderhoef ppdadmin\staples2. res Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City; IA 52240 (319) 356-5243 / RESOLUTION NO. RES( APPROVING FINAL A RESUBDIVISIOI OF LOT 2, WESTPORT PLAZA )WA CITY, IOWA. WHEREAS, the Applicant, ~tap[es, Inc., filed with tl City Clerk the final plat of a Resubdivision of Lot 2, West Plaza, Iowa City, low Johnson County, Iowa; and WHEREAS, said subdivision is ~cated on the -described real estate in Iowa City, Johnson County, Iowa, to wit: Lot 2, Westport Plaza, Iowa. WHEREAS, the Department of y Development and the Public Works Department examined the proposed and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning assson examined the final plat and subdivision and recommended that said final plat and ,ision be accepted and approved; and WHEREAS, a dedication has been ma ublic, and the subdivision has been made with the free consent and in accordance the sires of the owners and proprietors; and WHEREAS, said final plat and are ~d to conform with Chapter 35z~, Code of Iowa (1995) and all other state local rec nts. NOW, THEREFORE, BE IT BY THE CITY )UNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat ad/d subdivision located on the a~ ova-described real estate be and the same are hereb,~ approved. 2. The City accepts ~he dedication of easements as provi d by law. 3. The Mayor and .City Clerk of the City of Iowa City, Iowa, e hereby authorized and the final plat after passage and approval by law. The City Clerk ~'hall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. ,., Passed and appro~ed this day of , 1997. Resolution No. Page 2 MAYOR A 'oved by ATTEST: , ~ CITY CLERK City rney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there AYES: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\staples2.res / / / t / STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: SUB97-0002. Resub. of Lot 2, Westport Date: February 20, 1997 Plaza - Final Plat GENERAL INFORMATION: Applicant: Staples, Inc. PO Box 9328 Framingham, MA 01701-9228 Phone: Contact person: Shive-Hattery, Inc. 800 I st Ave NE Cedar Rapids, IA Phone: 364-0227 Requested action: Final plat approval Purpose: To create a two-lot commercial subdivision Location: South of Ruppert Road Size: 11.41 acres Existing land use and zoning: Commercial, CC-2 Surrounding land use and zoning: North: Commercial, C1-1; East: Airport property, P/CI-1; South: Airport, P; West: Commercial, CC-2. Comprehensive Plan: General Commercial Applicable Code requirements: Chapter 14-7, Land Subdivisions File date: January 30, 1997 45-day limitation period: March 16, 1997 60-day limitation period: March 31, 1997 2 BACKGROUND INFORMATION: The applicant, Staples, Inc., is requesting final plat approval of a Resubdivision of Lot 2, Westport Plaza, an 11.41 acre, two-lot commercial subdivision located within the Westport Plaza development, south of Ruppert Road. Lot 2 of Westport Plaza currently contains a Cub Foods grocery store and parldng. Staples is planning to construct an office supplies store on the vacant property south of Cub Foods, and desires to split this property off from the Cub Foods parcel to create a separate lot. The preliminary plat for this subdivision was approved by City Council on November 4, 1996. ANALYSIS: The proposed final plat appears to be in general conformance with the approved preliminary plat for this property, as well as the City's subdivision regulations. Legal papers have been submitted and are being reviewed. They will have to be approved prior to Council consideration of the plat. Release of easements; As discussed when the preliminary plat was reviewed, the existing access easements and utility easements on Lot 2 of Westport Plaza do not correspond with what was actually constructed on the property. The plat indicates that the original easements will be released and that new corrected easements will be established. Status of site plan & CZA: The Westport Plaza development was rezoned in 1989 subject to conditions detailed in a conditional zoning agreement (CZA). The CZA was amended by Council in 1996 at the request of the applicant to remove some design standards from the agreement and allow development of the site as planned by the applicant. There appear to be no conflicts between the conditions of the CZA or the recently approved amendments and the proposed plat. A site plan has been approved to allow the construction of the proposed store, which is underway. The approval of the final plat was not required for the construction of the building, but ownership of Lot 2 is desired by the applicant, which does require that it be established as a separate lot. STAFF RECOMMENDATION: Staff recommends that SUB97-0002, a request for final plat approval of a Resubdivision of Westport Plaza, Lot 2, an 11.41 acre, two-lot commercial subdivision located south of Ruppert Road, be approved subject to the approval of legal papers prior to Council consideration of the plat. ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: Robert Mildo, Senior Planner Department of Planning and Community Development Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 97-70 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARK ROAD STORM SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa, 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 1 st day of April, 1997. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 8th day of April, 1997, or at such later time and place as may then be fixed. Passed and approved this 4th day of March , 1997. pweng\prkroad2,res Resolution No. 97-70 Page 2 It was moved by No~'ton and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton × Novick × Thornberry X Vanderhoef Prepared by: Donald Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5052 RESOLUTION NO. 97-71 RESOLUTION ADOPTING THE ANNUAL BUDGET EXCLUDING HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR ENDING JUNE 30, '1998. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 1998 was held on February 25, 1997 at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 1998, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted except for the expenditures for HACAP and Free Medical Clinic totaling $11,865, which will be approved by separate resolution. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 4th day of Ha~'ch , 1997. M Y A OR CI City Attorney's Office It was moved by Lehman and seconded by Thof'nbe~-r.y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick × Thornberry X Vanderhoef finadm\annlbdgt. res Prepared Donald Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5052" RESOLUTION NO. ,,.. / RESOLUTI( ADOPTING THE ANNUAL BUDGET EXCLUDING HACAP A~J,b FREE CLINIC FOR THE FISCAL YEAR ENDING JUNE 30, '19~, WHEREAS, a learing on the proposed budget for the fiscal year endin 30, 1998 was held on 25, 1997 at a regularly scheduled City Council m and public comments were re~ NOW, THEREFORE, RESOLVED BY THE CITY COUNCIL THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual fiscal year ending June 30. as set forth in the Adoption of Budget and n of Taxes and on the Ac Budget Summary, together with the detailed budget support thereof revenue estimates, appropriation expenditures, and allocations for said year should be and hereby is adopted except for the ex ;nditures for HA~ and Free Medical Clinic totaling $11,420, which will be a d by 2. The City Clerk is hereby :o make filings required by law, and to set up the books in accordance with the ~d details, as adopted. Passed and approved this day , 1997. ATTEST: ~L. ~ ';2f)'~7 CITY CLERK City Attorney's Office It was moved by and seconded b the Resolution be adopted, and upon r~ call there were: AYES',,// NAYS: .~ Baker L hman Thornberry Vanderhoef finadm\annlbdgt. res March 7~ 1~7 Tom Slockett, Johnson County Auditor ~I.~/b~' Johnson County Administration Bldg. S. Dubuque St=e t CITY OF I0 WA CITY Iowa City, Iowa 52240 Dear Tom: Enclosed please find the following proceedings and materials for certification of the FY98 budget for Iowa City, Iowa, July 1, 1997 through June 30, 1998. 1. An original proof and copy of publication of Notice of Public Hearing - Budget Estimate. 2. Resolution No. 97-71 Adopting the FY98 budget, less Aid to Agencies for Hacap and Free Medical Clinic, which were approved by separate resolution. All council members voted on this resolution. 3. Resolution No. 97-72 Adopting the FY98 budget for City support to Hacap and Free Medical Clinic. One council member abstained from voting on this due to a possible conflict of interest, since the council member is on the Hacap board, not as a representative of the City Council. 4. Two copies of the Adoption of Budget and Certification of taxes (Form 635.1) 5. Two copies of the Adopted Budget Summary (Form 635.2A). 6. Two copies of the Resources Detail (Form 631.B). 7. Two copies of the Requirements Schedules (Form 631.A pages 1 & 2). 8. Two copies of the Long-Term Debt Schedule (Form 703). 9. Iowa City's original Proposed Financial Plan for FY98-00 along with a reconciliation memo documenting the changes made to the plan by City Council and the City Manager from their review to adoption of the FY98 budget. ADOPTION OF BUDGET AND CERTIFICATION OF TAXES F~cat Y~r Ju~y 1, l~7-j~r~ 30, 1~ To: ~~ ~:.:: Z ~ZS::-x~'v;~?: ;~r ..... '2..L;'i'~:". j.:: .........................................'~, Johnson Co., iowa ~d~,, ~Z0 ~, ~a~h~n~Eon S~eeE ~::':7~. ','; cr :.,.~:,*... "1 ":" ::i':..:.; .~,:- ;.;:..~ ~;~,;;;::.::2:::) .: ...~ '...~ ';;~:..::.:., .,.u:: .:,'by~ ~S~mp~ ~' ~ i~593{604~ii 2 ~ "~ · ~ .T..L...:'.'.;.i,..~.9.,.~,~; ~.'~'~:';"': ;:. ': ...."'~ ~in~~ ~ ~ 2z069r896 4 ~.I ~0 R~~ S 12~908[196 ~,12(12) $,t~ ~r& ~ ~ ~ ~ ~ ~ 9 47 ~.~2(~ ~ ~~i~,~ ~,2 ~ ........... ~,~2(1~) ~ ~, ~&~rs~ . .. 14... 52 .... .' .... .: 't" ~,12(3) $.1~ S),?F:h.'mv prc;:C$,:m 17 ~.12(~ $27 S:: t,. ';f .~ S;! ~';:~f:= :. ':::E'.{ :,::~ 18 .. ~.12~ ~V~ :;.:=;:~:"~/E:fi';~q .... I9' 57 ~.12(~ $1 .~ ',~:':;'~'~ t~:.~: p. e:' ~ '. T, cc..' '~r'.':. j':': '~ Co: h".~ ~.12(9) $.~5 .',::C '~ r, ;rr.-~,,.:~ C:m~'~::.}~7.' 2~ ~.12~) $27 ;2.'. :':.'?.~ .:.:h::n :.:.~.~'~-z ~ 430,273 61 2ME $1 .~ :..':f~:d .. '~ :,"H~';~c.'c'~ ~,~" 24. ~ ','., .'," ' ' Tot':'C~'~::~":...~L'.':.~ ' .....::':. :=,:~;":2,~:.~ 14~85'2~93 ~.I ~.~75 ~ M 6,217 T~ e~ Fu~ T~ L~ (25 + 2el 27 ..................~,~,~8.~ 610 .~,~. S~61 ~m L~ ~J $27 Er'r::S'~.:'c:,' 3~ ~{.~'.:rr~:..~':: .FC a'. "..';f rm:':28 ~.~1) ~ .~::d:.- :~, :-i.~? ~-~:.~...~:-:, r~ ~ 75,000 ~'. ~ ....~::~ :~'~ ~ ;' ......m"': "' ',....' .,' ',;',, ' A~ ...-?:..--.:::.--,..~,.....,.........:.,~ .. ::~ ~ ~ Crn'.r j:.'-~'::,=}'::c ~;emY::s 3t 2 ~ 891 ~ 000 V~ $ 37 T~ ~MID ~ ~m 3D ~ ~.4 ~ N~ ~ ~ L~ 7S.I~S) J~m~, G.O. ~ }~& ~, ~ ............~1.~0,~.~7 ...... 70 ~.7 ~ Vot~ ~ ~~ .B~ ~I 71 T~ T~ (27-3~) 4~ ..................~9~,~,~.~.~7,,,,....~. ..................~ ....................................................... 429 Number o~ Pu~ica~bnsTPos~n..qs ~ Hearings Prepared by: Donald Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5052 RESOLUTION NO. 97-72 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR ENDING JUNE 30, '1998. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 1998 was held on February 25, 1997, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 1998 for HACAP and Free Medical Clinic totaling $11,865 should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 4th day of Ma~'ch , 1997. MAYOR ATTEST: ~' ~ City Attorney's Office It was moved by NoY'ton and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA X Baker Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef ~nadm\annlbdg2. res Prepared by: Donald Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356~5052 RESOLUTION NO. 97-73 RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 'i998 THROUGH 2000 AND THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2002. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a multi-year Capital Improvements Program budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on February 25, 1997, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 1998 through 2000 and the multi-year Capital Improvements Program through Fiscal Year 2002. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 4th day of Ma~'ch , 1997. MAYOR ~/(/~~' finadm~finplan.res Resolution No. 97-73 Page 2 It was moved by Lehman and seconded by Thornberry the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick .× Thornberry X Vanderhoef Prepared by: Denny Cannon, Asst. City Engr., 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 97-74 ~r,~ RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREE- MENT FOR THE WOOLF AVENUE BRIDGE RECONSTRUCTION PROJECT '~ [BRM-3715(4)--8N-52]. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for a Federal Aid Highway Bridge Replacement and Rehabilitation Program Project BRM-3715(4)--8N-52 for the removal and replacement of the WooIf Avenue bridge, which spans over Highway 6 and the CRANDIC Railroad; this agreement will provide Federal-aid funding in the amount of 80% of cohstruction costs or 9850,000, whichever is less. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation for Federal-aid Highway Bridge Replacement and Rehabilitation Program funds. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 4th day of MaPch , 1997. Approved by CIT~ CLERK City Attorney's Office pweng\woolfave,res Resolution No. 97-74 Page 2 It was moved by Vanderhoef and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby ... X Lehman X Norton X Novick X Thornberry ~ Vanderhoef 1-97 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL-AID HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION (HBRR) PROGRAM PROJECT RECIPIENT: Iowa City COUNTY: Johnson PROJECT NO: BRM-3715(4)--SN-52 IOWA DOT AGREEMENT NO: 97-BRM-59 This is an agreement between the city of Iowa City, Iowa (hereinaf[er referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinaf~er referred to as the DEPARTMENT). Iowa Code Sections 306A. 7 and 307.44, provide for the RECIPIENT and the DEPARTMENT to enter into agreements .with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT proposes a Highway Bridge Replacement and Rehabilitation (HBRR) Program project for funding under Sec. 144 of Title 23, United States Code. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Provided for the Federal- aid Highway Bridge Replacement and Rehabilitation (HBRR) Program to replace or rehabilitate bridges on public roads on and off the Federal-aid System. Federal regulations provide that the HBRR funds are to be administered by the DEPARTMENT. Pursuant to the terms of this agreement, applicable statutes, and administrative rules (761 IAC Chapter 161), the DEPARTMENT agrees to provide HBRR funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DEPARTMENT and the RECIPIENTs contact person. The DEPARTMENTs contact person shall be the Local Systems Engineer of the East Central Iowa Transportation Center. The RECIPIENTs contact person shall be the City Engineer. 3. The RECIPIENT shall be responsible for the development and completion 'bf the following described bridge project: A. FHWA Structure Number: 03 1540 B. Location: Woolf Avenue bridge over U.S. No. 6 and CRANDIC Railroad. C. Preliminary Estimated Total Cost: $1,304,000 Agreement No: 97-RM-59 Page 2 4. The RECIPIENT shall receive reimbursement for authorized and approved project costs of eligible items from HBRR Federal funds. The portion of the eligible project costs paid by HBRR Federal funds shall be limited to a maximum of S0 percent of eligible costs (or $850,000 for cities, whichever is less). 5. The eligible project construction limits shall include the bridge plus grading and/or paving to reach a "touchdown" point determined by the DEPARTMENT. 6. Federai-aid HBRR funds may be used to cover engineering costs (design and construction inspection services) when the total costs of engineering services will equal or exceed $25,000. If the CITY chooses to use Federal-aid HBRR funds for consulting engineering purposes, the $850,000 project funding limit for cities will also include the amount of Federal-aid funds for engineering services, if authorized. 7. This agreement will become null and void if the project described in Section 3. drops out of the approved current Statewide Transportation Improvement Program (STIP) prior to obligation of Federal funds. 8. The attached EXHIBIT1 will apply and is hereby made a part of this agreement. Agreement No: 97-BRM-59 Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 97-BRM-59 as of the date shown opposite its signature below. RECIPIENT: Iowa City By ~17.4~C~ ~ Date March 4 ,1997 Title Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, and that N a om i J. N o v i c k , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 4th day of March ,19 97 . City Clerk of Iowa City,' Iowa IOWA DEPARTMENT OF TRANSPORTATION - Project Development Division Ci~ A~orney's Office By ~~ Date ystems EXHIBIT 1 Standard Provisions for Federal-Aid Project Agreement 1. Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age or handicap/disability. The DEPARTMENT will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federal-aid projects. 2. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTMENT's Action Plan for project environmental studies including historical/cultural reviews and location/design approval. Iffarmland is to be acquired, whether for use as project fight-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). 3. The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. 4. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. 5. If Federal-aid is requested for in-house engineering services, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 6. If Federal-aid is requested for preliminary and/or construction engineering, the RECIPIENT will select a consultant(s) in accordance with the DEPARTMiENT's consultant selection process. Construction engineering cost will be limited to a maximum of 15% of construction cost. 7. The RECIPIENT and Consultant shall prepare the consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). Exhibit 1 -2- 8. ARer the contents of the consultant contract have been mutually approved, the RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for authorization. 9. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay to the DEPARTMENT an amount equal to the amount of Federal funds made available for such engineering. 10. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 11. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Chapter 306A, Code of Iowa. 12. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 13. The RECIPIENT shall forward a Federal-aid Project DeVelopment Certification and final PS&E to the DEPARTMENT. Following FHWA's authorization, the DEPARTMENT will advertise the projects for letting and furnish the RECIPIENT with a sample letting package. The RECIPIENT (CITY) shall comply with the public hearing requirements of the Iowa Code Section 384.102. 14. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the DEPARTMENT in accordance with its normal letting procedures. Afker bids are received and reviewed, the DEPARTMENT will furnish the RECIPIENT with a tabulation of responsive bids received. 15. The DEPARTMENT will mail three (3) originals of the unexecuted contract(s) to either the RECIPIENT (City projects) or the lowest responsive bidder (County projects). Exhibit I -3- 16. The RECIPIENT shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the RECIPIENT shall forward to the DEPARTMENT two (2) copies of the fully executed contract, performance bond, and certificate of insurance. 17. If Federal-aid is requested for force account construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 18. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration(FHWA) approval and obligation of Federal-aid funds. 19. The RECIPIENT shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services according to its normal policy. 20. The project shall be constructed under the DEPARTMENT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. 21. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or sums of Federal funds in the right of way to the DEPARTMENT. 22. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 23. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. 24. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only af[er the DEPARTMENT accepts the project as complete. Exhibit 1 -4- 25. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such materials available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 26. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENTs application review and approval process, plan and construction reviews, and funding participation. 27. The KECIP1ENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. 28. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a. The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The RECIPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 29. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 30. It is the intent of both parties that no third party beneficiaries be created by this agreement. 31. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collections of specia! assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code chapter 384 (CITY), chapter 311 (COUNTY). The RECIPIENT agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the RECIPIENT) from special assessments levied for this project exceed the local share of total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. Exhibit 1 -5- 3 1. (cent.) The RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. 32. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 33. This agreement, as set forth in items 1 through 6 and EXHZIBIT 1 paragraphs 1 through 33 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 RESOLUTION NO. 97-75 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IVIELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD) [PROJECT NO. STP-U-3715(7)--70-52]. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of 991 2,659.60 for 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 Metro Pavers, Inc. of Iowa City, Iowa, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. Passed and approved this 4th day of March , 1997. City Attorney's Office It was moved by Kubb~ and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bsker X Kubby X Lehmsn X No~on X Noviok X Thornberry X Vanderhoef pweng~metro.res NOTICE TO BIDDERS STATE OF IOWA, - Sealed bids will be received by the Iowa Department of Transpor- tation, at the Office of Contracts in Ames, Iowa and at its official depository on the third floor of the Marriott Hotel, Des Moines, Iowa, until 9 o'clock A.M.C.T. on the 18th of Febru- ary, 1997, for the various items of construction and/or maintenance work listed below. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts at Ames, Iowa 5001 0. Opening and reading of the bids will be performed at the Iowa Department of Transportation, at Ames, Iowa after 9 o'clock A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. A Proposal Guarantee in an amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall con- tain an unqualified endorsement to the Con- tracting Authority signed by the bidder or the authorized agent. A Bid Bond, properly com- pleted on the Form No. 650001 available from the Iowa Department of Transportation, Con- tracts Office, may be used in lieu of above. Failure to execute a contract and file an acceptable performance bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa .Department of Trans- portation, Ames, Iowa, until noon on the day previous to the letting. All proposals must be filed on the forms furnished by the Iowa Department of Transpor- tation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected, and the Iowa Department of Transpor- , tation reserves the right to waive technicalities and to reject any or all bids. Attention of bidders is directed to the Special Provisions covering the subletting or assigning of contracts. Minimum wage rates for all Federal Aid projects have been predetermined by the Secre- tary of Labor and are set forth in the specifica- tions. However, this does not apply to projects off the Federal-Aid system. All Federal-Aid projects are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. By virtue of statutory authority, a prefer- ence will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be al- lowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no federal funds involved. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively en- sure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in con- sideration for an award. On Federal-Aid projects, where disadvan- taged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid docu- ments. On all projects without goals, the con- tractor must show that affirmative actions have been made to seek out and consider disadvan- taged business enterprises as potential subcon- tractors. JOHNSON COUNTY, STP-U-3715(7)-70-52, PCC PAVEMENT - REPLACE MELROSE AVE- NUE FROIVI MELROSE PLACE, EAST TO BYINGTON ROAD IN IOWA CITY. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS 515J239-1414 pwong~contract.bid Prepared by: Eleanor Dilkes, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 97-76 RESOLUTION AUTHORIZING FUNDING OF THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE IOWA CITY AIRPORT COMMISSION AND ACSG, INC. FOR CONSULTANT SERVICES TO IMPLEMENT THE LAND ACQUISITION AND AVIGATION EASEMENT ACQUISITION COMPONENT OF THE IOWA CITY AIRPORT MASTER PLAN, WHEREAS, in August of 1996 the Federal Aviation Administration ("FAA") approved the Master Plan for the Iowa City Airport; WHEREAS, a component of the Master Plan is the acquisition of land in fee simple and avigation easements for the safety areas at the ends of the runways, called runway protection zones; and WHEREAS, the Airport Commission selected ACSG, Inc., of Naperville, Illinois to serve as its consultant for the land acquisition and avigation easement project and has negotiated and signed a Professional Services Agreement with ACSG. WHEREAS, ninety percent (90%) of ACSG's fees are eligible for reimbursement through the FAA Airport Improvement Program and applications for funding of this project are on file with the FAA; and WHEREAS, it is beneficial to the affected property owners and residents, as well as to the airport, to proceed as soon as possible with the land acquisition project prior to receipt of FAA reimbursement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to proceed with the acquisition of land in fee simple and avigation easements for implementation of the Iowa City Airport Master Plan prior to the receipt of FAA reimbursement. 2. The use of City funds to pay the fees of ACSG, Inc. under its Professional Services Agreement with the Iowa City Airport Commission dated February 28, 1997, a copy of which is attached hereto, is hereby approved. Passed and approved this 4th day of March , 1997. MAY ' ATTEST: .ClT/T~CLE~RK/. ~ ) . ~,_~- IT City Attorney's Office eleanor/acsg.res Resolution No. 97-76 Page 2 It was moved by Vanderhoef and seconded by Thornberry the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef RECEIVED Professional Services Agreement CiTY ATTORNE y, S OFFIC~ THIS AGREEMENT, made and entered into this 28th day of February, 1997, by and between The 'Iowa City Airport Commission, 1801 South Riverside Drive, Iowa City, IA 52246 hereinafter referred to as the "Commission", and ACSG, Inc., an Oklahoma Corporation with an office at 800 W. Fifth Avenue, Suite 204B, Naperville, IL 60563, hereinafter referred to as the "consultant". The Parties Acknowledge the Following: The City of Iowa City, Iowa owns and the Iowa City Airport Commission is charged with operating the Iowa City Municipal Airport in Iowa City, Iowa, and; The Commission has undergone a competitive consultant selection process in accordance with current regulations and requirements of the Federal Aviation Administration, (Advisory Circular 150/5100-14), and; The consultant, after submission of a valid proposal and an interview in which three competing consulting firms were considered by the Commission, was chosen to provide professional services, and; The consultant has expertise and experience in carrying out the obligations of the various assign- ments that could be included herein, and; The Commission desires to retain the services of the consultant and the consultant desires to provide services to the Commission as specifically defined herein and in attachments hereto, and; NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein set forth, and in compliance with Appendices and Attachments hereto attached and hereby made a part hereof, the parties hereto agree as follows: 1. PURPOSE. This contract is entered into between the parties hereto for the purpose of the consultant providing professional services to the Iowa City Airport Commission. It is hereby understood by the parties that each assignment to be included herein shall be fully defined in a written and dated Attachment hereto that shall include the following: A. A full definition of each assignment including a scope of work with project phasing, and tasks, if required. B. A fee and expense schedule for each assignment including a not-to-exceed budget. C. A time line schedule for each assignment. Page 1 D. Approval by the Commission. Nothing herein shall be construed as requiring the Commission to assign projects or work to the consultant. The Commission shall assign projects or work at its sole discretion, whether to consultant or to other parties. 2. SCOPE-OF-WORK. The consultant may be assigned a variety of tasks through this contract. The following are examples of types of projects that may be assigned to the consultant. This list should not be considered all inclusive and the types of projects that are assigned to the consultant shall be at the discretion of the Commission: * Land Acquisition * Avigation Easement Acquisition * Relocation Services * Other services associated with a land acquisition program. As circumstances dictate and at the sole discretion of the Commission, other assignments may be included herein. All assignments shall be in writing, as set forth in 1., above. Provisions of each assignment shall be considered terms of this contract. Consultant's commencement of work on an assignment shall be its acceptance of all the terms and provisions of this assignment. Consultant may also accept the assignment by oral or written notice of acceptance. 3. TERM. The term of this contract shall be for one (1) two (2) year period commencing on February 28, 1997 and ending on February 28, 1999. The Commission shall have the right to extend this agreement for one additional period. The term and the conditions of such extension shall be at the complete and sole discretion of the Commission. Nothing herein shall be construed as to require the Commission to extend this contract. 4. TERMINATION. This contract may be terminated by either party upon thirty (30) days written notice should one party substantially fail to perform in accordance with its terms thorough no fault of the other. In the event of termination, the consultant shall be compen- sated for satisfactory services performed to the termination date by reimbursement of the consultant's expenses and payment of professional fees. In no case, however, shall such payment or reimbursement exceed the agreed upon fee as approved by the Commission. At the complete discretion of the Commission, this contract may be terminated, suspended for any length of time, or any project may be suspended with thirty (30) days written notice to the consultant for any reason whatsoever. If a project that has already commenced is suspended for a period exceeding ninety (90) days, the Commission hereby agrees to adjust the professional fees and expense budget of such project if it is determined that such delay causes an increase in the cost of such project. In the event of termination or suspension, the consultant shall be compensated for satisfactory services performed to the termination date by reimbursement of the consul- tant's expenses and payment of professional fees. In no case, however, shall such pay- ment or reimbursement exceed the agreed upon fee as approved by the Commission. Page 2 4.1. PERSONNEL. During the term of this agreement, the consultant shall assign the following individuals to provide services on assignments: For ACSG. Inc. Project Principal: Mr. Patrick A. Bridger Project Manager: Mr. James G. Bridger Project Consultant: Mr. Christopher Greene For Howard R. Green Company Project Manager: Mr. Carl Byers, P.E. Unless otherwise approved by the Commission in writing, the consultant shall not change personnel, as above, assigned to provide professional services on projects relating to this agreement. 5. PAYMENT FOR PROFESSIONAL SERVICES RENDERED. The consultant shall invoice the Commission monthly for services rendered and expenses incurred in the performance of duties authorized by the Commission hereunder. Each invoice shall include hours worked by personnel category for all professional fees and shall include project numbers, work order numbers, and such other information that is required for FAA grant preparation and administration, or Commission operating procedures. In accordance with FAA AC 150/5100-14, the Commission may select to make payments to the consultant, by assignment, in a cost plus fixed payment or a fixed lump-sum payment method. Normally, services provided under this contract shall be invoiced on a cost plus a fixed payment method as follows: A. Direct Salary Costs. Direct salary cost is defined as the cost of salaries for time directly chargeable to the project. B. Overhead Costs. Overhead on direct salary costs includes all employee benefits both statutory and those provided to employees under firm policy. For the first year of this contract, overhead cost is hereby established at direct salary costs plus one hundred twenty (120) percent. Overhead costs shall include those costs associated both with labor overhead and general and administrative overhead. C. Direct Non-salary Costs. These costs shall be those directly associated with the' project and shall include, but not be limited to, costs of printing, travel, subsistence, phone, overnight delivery, identifiable supplies, photostating, blueprinting, copies, mileage for use of personal automobile, rental cars, special insurance other than as required herein, subconsultants, and other costs which are identifiable and directly related to the project. D. Fixed Payment. Fixed payment is defined as a percentage rate applied to the above to determine payment for profit, willingness to serve, and assumption of responsibility. In accordance with FAA AC 150/5100-14, Fixed Payment is hereby established at fifteen (15) percent for the term of this contract. Page 3 E. Non-allowable Costs. The following shall not be included in the consultant's over- head costs: costs of amusement and social activities, contributions and donations, bad debts, dividend provisions or payments for profit, interest on borrowed capital, bonus payment for early completion of work, or any cost not allowed by government regulations or by law. F. Invoice Format. Except in cases where a different format is set forth in the written assignment from Commission to consultant, the following format shall be used by the consultant to invoice the Commission monthly: Page 4 1. Direct Salary Costs Personnel Classification Hours Rate/Hour Cost ($) Principal Vice President Project Manager St. Consultant Technician Av. Consultant Property Mgr. Secretary Administrative Total Direct Salary Costs 2. Labor and General & Administrative Overhead* I Percentage of Direct Salary Costs 120% 3. Direct Non-salary Expenses Postage, Overnight Delivery Phone, Fax Computer Time Travel, Lodging, Meals Pri'nting, Reproduction Subconsultant Fees Miscellaneous (Specify) Total Direct Non-salary Costs 4. Subtotal of Items 1, 2, and 3 5. Fixed Payment I I 15% of Item 4 *For item 2 the consultant must submit a statement of auditable overhead expenses certified by the consultant's auditor, the sponsor's auditor, the state's auditor, or a federal government auditor. Page 5 During the term of this agreement, the Commission shall have the right to request annually, within thirty (30) days of the annual date of the contract. financial statements in order to insure Federal or State requirements are satisfied. The Commission specifically reserves the right to approve, in advance, any overtime in excess of forty (40) hours per week worked by consultant's employees that would entail payment of an overtime premium to employees. Under no circumstances shall the consul- tant include any overtime premium in the Commission's monthly invoice unless specifically authorized in writing. The Commission agrees to pay consultant invoices as expeditiously as possible. If the parties have separately agreed to a final price for a completed project, this billing format shall not operate to modify the completed project price. 6. FUNDING. The consultant hereby understands that projects that may be assigned under this contract shall have different funding sources including Federal, State, and local. The consultant hereby agrees to fully comply with all grant assurances whether Federal or State. Noncompliance with the Commission's grant assurances by the consultant shall be cause for immediate termination of this contract. This paragraph shall not operate as a waiver of any other available remedies. 7. SUBCONTRACTORS AND SUBCONSULTANTS. During the term of this agreement, the consultant may be required to retain the services of various subconsultants and/or subcontractors to perform specialized services. The Commission reserves the right to require that the Commission approve, in writing, all subconsultants and/or subcontractors retained to provide services under this contract by the consultant. The Commission reserves the right to instruct the consultant to discontinue the services provided by any subconsultant and/or subcontractor for any reason whatsoever. Upon written notification from the Commission, the consultant shall immediately discontinue such subconsultant and/or subcontractor services. 8. OTHER SERVICES. The Commission specifically reserves the right to award other con- tracts for work on Projects for which the consultant is providing services under this contract. Consultant shall fully cooperate with such other consultants and contractors in such manner as the Commission may direct. Upon receiving notice from the consultant that another contractor or consultant is failing to coordinate its work with the consultant's work, as directed, the Commission shall investigate the matter and take such action as it shall, in its sole discretion, deem necessary. 9. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest and shall not acquire an interest, directly or indirectly which would conflict in any manner or degree with its performance under this contract. Consultant further covenants that in the perfor- mance of this contract, no person or company having such interest shall be employed by it or any of its subcontractors or subconsultants. No official, officer or employee of the Commission or the City of !owa City who exercises any functions or responsibilities in the review of or approval of the work or services to be provided by the consultant under this contract shall: Page 6 A. participate in any decision relating to this contract which affects such individual's personal interest, or the interest of any corporation, partnership or association in which such individual is. directly or indirectly. interested. or B. have any interests, directly or indirectly, in this contract or the proceeds thereof. 10. NONDISCRIMINATION. In addition to the requirements and conditions contained in Appendix "B," "Title VI Assurances," Consultant agrees not to commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: A. To discharge or refuse to hire any person because of race, color, religion, sex, national origin, disability. age, marital status, sexual orientation or gender identity. B. To discriminate against any person in the terms, conditions, or privileges of employ- ment because of race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 11. CONFIDENTIALITY. Any reports, documents, questionnaires, records, information or data given to or prepared or assembled by the consultant under this contract which the Commis- sion requests to be kept confidential shall not be made available by the consultant to any individual or organization without prior written approval of the Commission. The provisions of this section shall survive the expiration or earlier termination of this contract. 12. OWNERSHIP OF RECORDS. All reports, records, drawings, specifications, question- naires, or software programs specifically written or created for use in projects relating to this contract shall be and shall remain the property of the Commission. However, provisions of this paragraph shall not apply to any software that the consultant has written or created for use in other projects not relating to this contract and which the consultant uses in performing its duties herein. The consultant assumes no liability for any use of the draw- ings and specifications other than that originally intended and subject to the provisions of Paragraph 13. No reports, records, questionnaires, or software programs or other documents produced specifically for projects under this contract shall be the subject of an application for copy- right by or on behalf of the consultant. 13. INSURANCE. During the term of this contract, consultant shall carry and maintain the following insurance: A. Worker's Compensation Insurance as required by State law with an all States endorsement or specifically for the State of Iowa. B. Employers Liability Insurance (bodily injuries) with a limit of $100,000 per occur- rence with an insurance company authorized to write insurance in all States where the consultant will have employees located in the performance of its work covering its common law liability to such employees. C. Comprehensive General Liability Insurance and Automobile Liability Insurance covering all owned and non-owned automobiles or vehicles used by or in behalf of Page 7 consultant with a $500,000 combined single limit for bodily injury and/or property damage per occurrence and an aggregate limit of $1,000.000. D Consultant shall carry Professional Liability Insurance providing coverage for acts, errors, or omissions committed or alleged to have been committed by consultant with a limit of $500,000 per claim and an aggregate of $1,000.000. A certificate of insurance indicating the above shall be attached to this contract as Appendix (1) and shall provide that insurance carriers shall notify the Commission within thirty (30) days upon early cancellation of such policies. This certificate shall be renewed annually by the consultant and furnished to the Commission within thirty (30) days of the anniversary of this contract and such certificate shall replace Appendix (1) on an annual basis. The consultant shall indemnify and save the Commission and the City of Iowa City, Iowa, and staff, its Mayor and City Council members, its officers, agents and employees, harm- less from and against all costs and losses, all claims, demands, suits, actions, payments and judgements, arising from personal injury or otherwise, brought or recovered against the Commission or the City by reason of any act or omission of consultants, its directors, officers, agents or employees, in the execution of this contract or work on projects under this contract, including any and all expenses, legal or otherwise, incurred by the Commis- sion or the City or its representatives in the defense of any claims or suit. The Commission and the City shall be named as additional insureds on the policies of insurance, excluding, however, the consultant's professional liability coverage. 14. HOLD HARMLESS. Consultant shall protect, defend, indemnify and hold harmless the, the City of Iowa City, Commission Members and staff, its mayor and council members, its officers, agents and employees from and against any and all liabilities, demands, suits, claims, losses, fines or judgements arising out of or incident to this contract or consultant's performance under this contract or the acts or omissions of consultant's directors, officers, agents, employees, licensees or invitees regardless of where the injury, death, or damage may occur; unless such injury, death or damage is caused by the sole negligence of the Commission or the City of Iowa City. The Commission shall give consultant reasonable notice of any such claims or actions. Consultant, in carrying out its obligations hereunder, shall use counsel masonably acceptable to Commission. The provisions of this section and paragraph 13. shall survive the expiration or earlier termination of this contract. 15. REVIEW AND COORDINATION. To ensure adequate review and evaluation of the work and proper coordination among interested parties, the Commission shall assign a staff member as Project Coordinator for provision of services under this contract. The consultant shall assign a Project Coordinator who shall be directly responsible to the Commission's Project Coordinator for communications, coordination, reporting, quality of work, project progress, and other tasks as assigned. At the Commission's Project Coordinator's discre- tion, a reasonable number of review meetings may be held at any given time with prior notification to the consultant"s Project Coordinator. An agenda shall be established and copies of any material to be discussed or reviewed forwarded to the Commission's Project Coordinator prior to the actual meeting. With approval of the Commission's Project Coordi- nator, the consultant may include such other firm employees who hold directly responsibility Page 8 for projects being performed under this agreement and personnel from subconsultants and subcontractors as required in these meetings. A. Commission Project Coordinator: Mr. Ron O'Neil B. Consultant Project Coordinator Mr. James G. Bridger 16. ESTIMATE OF COST. Since the consultant has no control over the cost of labor, materi- als, or equipment or over a contractor's methods of determining prices, or over competitive bidding or market conditions, its opinions of probable cost provided as a service hereunder are to be made on the basis of his experience and qualifications and represent its best judgement as a professional familiar with the construction industry. However, the consul- tant cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinions of probable costs prepared by consultant. '17. DISPUTES. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Commission's Project Coordinator who shall reduce the decision to writing and mail or otherwise furnish a copy thereof to the consultant. The decision of the Commis- sion's Project Coordinator shall be final and conclusive unless, within fifteen (15) days from the date of receipt, the consultant mails or otherwise furnishes to the Commission's Project Coordinator a written notice of appeal. The notice of appeal shall then be forwarded to the Commission. The Commission°s decision, subject to legal action by either party, shall be final and conclusive. '18. CONSULTANT'S EMPLOYEES. Consultant understands and agrees that the consultant and consultant's employees, agents, servants or other personnel are not Commission or City employees. Consultant retains the power to direct and supervise its employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to consultant or any of consultant's employees, agents, servants, or other personnel performing services or work specified herein, whether it be of a direct or indirect nature. Further, in that regard, it is expressly understood and agreed that for such purposes neither consultant or consultant's employees, agents, servants, or'other personnel shall be entitled to any Commission or City payroll, insurance, unemployment, workmen's compensation, retirement or other benefits whatsoever. '19. STATE OF IOWA LAW APPLIES. This contract is made and delivered in the State of Iowa and shall be construed and enforced in accordance with the laws thereof. Any action arising from any provision herein included shall be adjudicated in the State of Iowa in a jurisdiction that is acceptable to the Commission. 20. ENTIRE AGREEMENT. The drafting, execution and delivery of this contract by the parties has been induced by no representations, statements, warranties or agreements other than those expressed herein. This contract and any amendments or appendices hereto embod- ies the entire understanding of the parties. The parties hereto agree that these documents shall not be construed or interpreted in favor of either party on the basis of draftsmanship or preparation. Page 9 21. NOTICES. All notices, requests, demands or other communications hereunder shall be in writing, unless otherwise noted, and shall be deemed to have been duly given if delivered in person, or after being deposited in the United States Mail, postage prepaid, certified, with Return Receipt Requested, or otherwise actually delivered to the other party to the attention of the Project Coordinator at the address listed above. Either party hereto may change the address at which it receives written notices by so notifying the other party hereto in writing. 22. FAILURE TO EXERCISE. Neither any failure nor any delay on the part of the Commission in exercising any right, power or privilege hereunder, or under any document or instrument delivered or executed pursuant hereto, shall operate as a waiver hereof, nor shall a single or partial exercise or the exercise of any other right, power or privilege. 23. AUDIT. During the term of this agreement, the Commission or its designated representa- rive shall have the right to audit consultant's records as pertain to this contract for any reason whatsoever. The Commission shall give the consultant at least seventy-two (72) hours notice and such audit shall be performed at the location where records are normally maintained. If for any reason the Commission desires to audit records in Iowa City, the Commission agrees to pay for transportation costs and time for personnel to assemble records and either forward to the appropriate office or have an employee bring the records to the Commission. 24. This Agreement is contingent on the Iowa City City Council's approval of the use of City funds to fund 100% of the cost of this contract and the land acquisition project, "upfront" prior to receipt of funds from the Federal Aviation Administration. 25. This Agreement is contingent on approval by the Federal Aviation Administration. 26. HEADINGS. The headings in this contract are for the purpose of reference only and shall not limit or otherwise affect any of the terms thereof. ATTEST IOWA CITY AIRPORT COMMISSION BY BY TITLE TITLE APPROVED AS TO FORM BY BY Title TITLE F~age 10 ATTEST ACSG, INC. TITLE ~/,~'~' ~.cz-./c:::sL.~-'~ TITLE Page 11 APPENDIX (A) INSURANCE CERTIFICATE Page 12 ' '' '""' ....... m llu' '>, iX .'oF ONLY ~O G~FE~ NO RIGH~ U~ ~E CER~F~A~ ~Hmmn & ~ ~ HO~E~ ~18 ~R~F~A~ ~S NOT ~O. ~Ng OR Ohm E~ W~ O~ ~R ~E CO~E ~OHO BY ~e ~ClE8 BELOW. Su~ 1~ COMP~IEG ~ROING Ch~go IL ~1 A CNA I~n~ N~d C~g ~s Group, I~ B ~DOR In~mn~ Com~ny Na~J~ IL ~ C COMP~%Y D CO~R~E8: ~ ' ' '" " '. .... · ',' '" T,:S '15 TO CERT;~' T~T THE POUCtES OF LNS~XNC5 USTED BELOW hAVE BEE.% iSSUEO ~O T~E INSURED ,%AMED A~VE FOR ThE POL;CY I~OICA~. NOTWITH3T~01~ ANY REQ~IEM~NT. TERM OR CON~TIO~ OF A.%Y CONTACT OR O~ER CCCUMENT WITH RESPECt TO W~CH CERTIRCAT~ MAY 8E ISSUED OR MAY PEr~, THE INSURANCE AF~OBDEO BY THE ~LICIS$ DSSCqIEED HE~EIN IS SJ~EC' TO AL; THE TE~M5. EX;L~StO~S ANO ~N~ONS CF SUCH PGJCIE$ LIMffS S~WN ~Y HAVE BEEN RE~CED BY P~lD Lm , DA~ I~.~'~ ~ {~,~ A 6~Eq~ ~ BI31936197 0g116;g5 0g~ JE/g8 GENS~ AGGreGATE $ 2,000,000 X C~ERCI~ G~E~ L~ILITY Pq~T$ · C~P ~g S 1 ,g00.00O ~mr ~GE (My on ~,) S 50,000 A ~r~G~E~Tv C~3103~1gO 0g110/95 ~ c~k'~ S~G.~ L~T S 1,000 ,O00 ~Y ~t ~D AG'O$ 9CO.LY :NJU~Y T HmgO AJTO6 ~,L~ .~URY P~nTv ~AO~ S G~E L~ITY AbTO ~LY - EA AC;IDEN ~Y AUTO OT~Eq THM AUTO ~LY ' ' ' A ~SSSUABL.TY 8131936206 0gtl6!gS 0g/IGIg8 e~N ~Cu~ENCE S 1.000,000 X b~BRELL.( FORU AGGREr~TE O~.En ~ ~Bn~A FO~U $ ~C135803056 06101,'g6 06t01 ~g7 CL ~ ACC~ENT $ 500,000 A THE ~.ET~ ~ INCL ~ D.S~E , ~ LN.' $ 500,000 PARTNERS'EX[Cb'T~E 8 P~o[ess,onal LmabmlmlX E~OO~Z40 ~lz~$ ~.'~ltg7 E~ch O~;u~enca ~.000.000 . CEFTTTI:JCAT~.'HOU3ER' :' "' ' ' .... .QANCELL~TION ~Obl. O ANY C~ THE A~C~ DE~CR1553 PCL~;:ES J F~: 10. gAYS ~mTTJ,4 NOTRE 'O THE CEH'r~Ar( ~ ~Y KI%g g~ THE COUD~Y, ;T5 ~T5 ~1~ ~A~ ~ ~mes w. ~'N (~ml .................... . .. .. .......... .... .... = .'~e~ ~m~. t~ '.',' APPENDIX (B) CONSULTANT CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES Page 14 Contractor Contractual Requirements Title VI Assurances During the performance of this contract. the consultant, for itself. its assigns and successors in interest, hereinafter referred to as the "consultant" agrees as follows: 1. Compliance with Regulations. The consultant shall comply with Regulations relative to non- discrimination in Federally assisted programs of the Department of Transportation, hereinaf- ter referred to as "DOT", Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, hereinafter referred to as the "Regulations", which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination. The consultant, with regard to the work performed by it during this contract, shall not discriminate on the grounds of race, color, national origin. sex, disabili- ties, sexual orientation, gender identity or veteran's status in the selection and retention of subconsultants, subcontractors, including procurement of materials and leases of equip- ment. The consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations, or in discrimination prohibited by the Iowa City Human Rights Ordinance. 3. Solicitations for Subcontracts. including procurement of materials and equipment. In all solicitations either by competitive bidding or negotiation made by the consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the consultant of the contractor's obligations under this contract and the 'Regulations relative to non-discrimi- nation on the grounds of race, color, national origin, sex, disabilities, or veteran's status. 4. Information and Reports. The consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deter- mined by the Sponsor of the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any informa- tion required of the consultant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the consultant's noncompliance with the non-' discrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it, or the FAA, may determine to be appropriate, including, but not limited to: A. Withholding of payments to the consultant under the contract until the consultant complies, and/or; B. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The consultant shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equip- Page 15 ment, unless exempt by the Regulations or directives issued pursuant thereto. The consul- tant shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a consultant becomes involved in. or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the consultant may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the consultant may request the United States to enter into such litigation to protect the interests of the United States. Disadvantaged Business Enterprise (DBE) Assurances 1. Policy. It is the policy of the DOT that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 CFR Part 23 apply to this contract and the consultant hereby agrees to abide by these requirements. 2. DBE Obligation. The consultant agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this contract. In this regard, all contractors shall take all necessary and responsible steps in accordance with 49 CFR Part 23 to compete for and perform contracts. Contrac- tors shall not discriminate on the basis of race, color, national origin, sex, disability, or veteran's status in the award and performance of this DOT assisted contract. 3. Commission's DBE Program. The consultant agrees to adhere to the provisions of the Commission's Disadvantaged Business Enterprise Program dated August 29, 1991 and acknowledges receipt of a copy of the same. 4. Notice. All bidders, potential contractors, or subcontractors for this DOT-assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the recipient and the FAA. Dated: ~- ~ It-- ~ '7 President ACSG, Inc. Page 16 APPENDIX C TRUTH IN NEGOTIATION CERTIFICATE Page 17 Truth in Negotiation Certificate I hereby certify that the wage rates and other factual unit costs used to compute the compensations for the various services listed in this contract are accurate, complete and current at the time of contracting and that the original contract price and any additions thereto shall be adjusted to exclude any significant sums where the Sponsor determines the contract price was increased to inaccurate, incomplete or non-current wage rates and other factual unit costs. I hereby certify that I am currently an officer of ACSG, Inc. and have full power and authority to execute this agreement binding the company fully to its terms and conditions. Date: ,,2- 2--/--'' ' ~' ''~ Si(]ne2 Patrick ~~ aridger~,~ President ACSG, Inc. Page 18 APPENDIX (D) CERTIFICATE OF PROJECT CONSULTANT Page 19 Certificate of Project Consultant I hereby certify that I am an officer and duly authorized representative of the firm of ACSG, Inc. and that neither I nor the firm has: 1. Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than employee working for me or the firm) to solicit or secure this contract. 2. Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any form or person in connection with carrying out the contract. 3. Paid or agreed to pay any firm, organization, or person (other than a employee working for the firm) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. I acknowledge that this Certificate is to be furnished to the Federal Aviation Administration of the United States, Department of Transportation, in connection with this contract involving use of Airport Improvement Program funds and is subject to applicable State and Federal laws, both criminal and civil. Date:- p7 Signet- Patrick A. Bridger~'~'~~'~/'/' President ACSG, Inc. Page 20 APPENDIX (E) FEDERAL FOREIGN TRADE RESTRICTION Page' 21 Federal Foreign Trade Restriction The consultant, by submission of an offer and/or execution of a contract, certifies that it: 1. Is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the office of the United States Trade Representative. 2. Has not knowingly entered into any contract or subcontract for this or any project under this contract with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accor- dance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct, through the Sponsor, cancellation of the contract at no cost to the government. Further, the contractor agrees that it will incorporate this I~rovision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon certification of a prospective subcontractor unless it has knowledge that the certifica- tion is erroneous. The consultant shall provide immediate written notice to the Sponsor if the consultant learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if, at any time, it learns that its certifica- tion was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the consultant or a subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the Sponsor, cancellation of the contract or subcontract for default at no cost to the govern- ment. This certification concerns a matter within the jurisdiction of an agency of the United States'. of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. Date: Patrick A. Bridget President ACSG, Inc. Page 22 APPENDIX (F) CORPORATE CERTIFICATION Page 23 ACKNOWLEDGMENT OF CORPORATION AUTHORIZED SIGNATURE STATE OF ILLINOIS COUNTY OF DU PAGE On this 2Z,~9 day of,/4_ , .1,995, before m.e a N~ry Public within and for said County and State, personally appeared ~'/'Y'l~ ' ~ F')FI(~, ~t-f'rt e personally known, /-- om who, being each by me duly sword did say that he is the pY~61~-i LIL of the Corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that said instrument was signed and sealed in behalf of said acknowledged said instrument to be the free act and deed of said Corporation. ~ ,,9::':'ICI,~,L SEAL" ~ Notary Public D{~,j~e County % L!SA C. MENDENHALL ~ t N:,.',, y P.,!,llc, S:ate of Illinois~ ¢,nLL COUNTY (I ~ ,:vl. ;2,arnrn.s~'n Expires ].2-20-2000 l, %PC_, 2,01 ?_595 My Commission Expires asrpor~\contract.wp5 Page 24 Professional Services Agreement Attachment Number One (1) THIS AMENDMENT, made and entered into this 28th d.ay of February, 1997, by and between The Iowa City Airport Commission, hereinafter referred to as the "Commission", and ACSG, Inc., an Oklahoma Corporation with an office at 800 W. Fifth Avenue, Suite 204B, Naperville, IL 60563, hereinafter referred to as the "consultant". The Parties acknowledge the following: The City of Iowa City, Iowa owns and the Iowa City Airport Commission is charged with operating the Iowa City Municipal Airport, and; This Attachment is made a part of the Professional Services Agreement dated February 28, 1997, by and between the Iowa City Airport Commission and ACSG, Inc. Except as contained herein, all terms and provisions of aforementioned contract shall remain the same. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein set forth, the parties hereto agree as follows: 1. PURPOSE AND SCOPE OF SERVICES The purpose of this attachment is to task the consultant with preparing all manuals, plans, schedules, and documentation and obtaining appropriate approvals for same in order to proceed with a contemplated land acquisition project for Iowa City Airport. Phase I Task 1 - The consultant shall identify all properties, portions of properties, and avigation easements to be acquired in accordance with the approved Iowa City Airport master plan. Task 2 - Properties shall be delineated on a map and a database created reflecting parcel ownership, address and phone number of owner. Task 3 - In accordance with FAA policy, a project work order system will be set up with each parcel separately identified by a number in order to accurately account for all costs associated with acquiring that parcel. Additional work orders will be assigned as needed for other tasks associated with the project. Task 4 - A relocation plan will be developed, in accordance with Federal guidelines, to address relocation issues that could be encountered during implementation of the program. Task 5 - If required by the FAA, a last resort housing study will be developed and submitted to staff, the Commission, and appropriate agencies for approval. Phase II Task 1 "Windshield" appraisals will be performed by qualified personnel in order to get accurate project cost estimates. Task 2 - The project senior appraiser, Dr. John Rolling, will visit Iowa City and develop cost estimates for all avigation easements. Task 3 - The consultant will develop cost estimates for single family residences, mobile homes, and business relocations, Task 4 - The consultant will work with other team members to estimate all costs associated with the project including acquisition, relocation, appraisals, title and closing services, project management costs, and administrative costs. Any "force account" costs will be kept in a separate category as they must be specifically approved by the FAA Region before com- mencement of the program. These cost estimates will be included in a'final report to the Commission. Phase III Task 1 - A project manual and final report will be generated and delivered to staff and the commission for approval. It will include, but not be limited to, the following: a. Acquisition procedures to be followed during implementation of the program. b. Appraisal standards and review procedures. c. Relocation procedures to be followed during implementation of the program. d, Maps of the program area. e. Program cost estimates, f. Program schedule g. Relocation manual. h. Last resort housing plan (if required). i. Project accounting procedures. g. Grant administration. Task 2 - The consultant shall make a presentation to the Commission and any other concerned parties as requested by the Commission, concerning program procedures, costs, schedules, or any other information included in the final report or program manual. Task 3 - The consultant shall make one (1) trip to the FAA Region office in Kansas City to: present the program manual, explain same, and assist the Commission in receiving appropriate approvals before commencement of the program. 2. PROJECT SUBCONSULTANTS As permitted in aforementioned Professional Services Agreement, the consultant is hereby authorized to retain the services of Howard R. Green Company, Rolling Real Estate Appraisers and Consulting, Downes & Associates, Inc., East Iowa Commercial Real Estate Appraisers, Snyder & Associates, and Security Abstract Company to provide subconsultant services under this contract. 3. PROJECT SCHEDULE The consultant shall complete all tasks included herein within three (3) months from the date of receipt of a notice-to-proceed from the Commission. 4. PROJECT COST The total project cost of 844,661.80 is a not-to-exceed cost and, as per the aforementioned agreement, will be invoiced monthly in the approved format. This cost includes all general and administrative overhead, direct project expenses, fixed payment, and other project costs. ATTEST IOWA CITY AIRPORT COMMISSION BY BY TITLE TITLE APPROVED AS TO FORM BY BY Title TITLE ATTEST ACSG, Inc. TITLE ~7z:2~' ~Z:~L.J"r' TiT~~---~-d~ airport\attach 1, wp 5 Prepared by: Eleanor Dilkes, Assistant City Attorney, 410 Eo Washington St,, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 97-77 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY I1~! FEE SIMPLE Ai~ID AVIGATIOI~i EASEMENTS FOR THE IMPLEMENTATION OF THE IOWA CITY AIRPORT MASTER PLAN. WHEREAS, in August of 1996 the Federal Aviation Administration ("FAA") approved the Master Plan for the Iowa City Airport; and WHEREAS, a component of the Master Plan is the acquisition of land in fee simple and avigation easements for the safety areas at the ends of the runways, called runway protection zones; and WHEREAS, ninety percent (90%) of the cost of said acquisitions are eligible for reimburse- ment through the FAA Airport Improvement Program and applications for funding of this project are on file with the FAA; and WHEREAS, it is beneficial to the affected property owners and residents, as well as to the airport, to proceed as soon as possible with said acquisition; and WHEREAS, the City staff should be authorized to acquire said land in fee simple and avigation easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to acquire land in fee simple and avigation easements for the implementation of the Iowa City Airport Master Plan and said acquisition constitutes a valid public purpose. 2. The Airport Manager or his designee and the Airport Commission's consultant ACSG, Inc. are hereby authorized and directed to negotiate the purchase of land in fee simple and avigation easements for the implementation of the Iowa City Airport Master Plan. 3. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute easement agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 4. In the event land in fee simple and avigation easements cannot be acquired by negotiation, the City Attorney, or its designee, is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such land in fee simple and avigation easements. Resolution No. 97-77 Page 2 Passed and approved this 4th day of March , 1997. City Attorney's Office It was moved by Norton and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef eleanor\masterpl,res ,, " ,, IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 6 ~ MEMO DATE: February 25, 1997 TO: Iowa City City Council FROM: Ron O'Neil, Airport Manager ~5. RE: Land acquisition and aviagation easement project In August of 1996, the Federal Aviation Administration approved the Master Plan (MP) for the Airport° A major component of the MP is to obtain land and easements for the safety areas at the ends of the runways, called Runway Protection Zones (RPZs). The MP calls for any undeveloped land in the RPZs to be purchased and avigation easements to be obtained for any developed land in the RPZ's. Residential uses are not allowed in the RPZs. During the Master Plan study, the planning consultant met with many of the people that own property in the RPZs and explained what property and easements were needed and why they were needed. The Commission decided it would be beneficial to the property owners, residents, and the Airport if the Commission proceeded as soon as possible with the land acquisition and easement project. Preliminary contacts with the property owners were made during the MP study. Property owners had questions about the schedule of the Master Plan and how it would affect making additional investments in their property. Residents in the proposed RPZs questioned how soon they would have to move and what assistance would be available. In September~ 1996, the Commission advertised for a consultant to provide services for the land acquisition and avigation easement project. Eleven proposals were received. Three firms were interviewed and at their December meeting, the Commission selected ACSG, Inc. to conduct the project. The Naperville, Illinois company specializes in land acquisition and avigation easement projects. Jim Bridger is the project manager. A contract has been negotiated and signed by ACSG and the Airport Commission. The contract is subject to FAA approval and approval by the City Council for "up-front" funding prior to FAA reimbursement. ACSG has teamed with several local firms to complete the project. Included on the team are Howard R. Green Company, East Iowa Commercial Real Estate Appraisers, Downes & Associates, Inc. and Security Abstract Company. Rolling Real Estate Appraisals & Consulting, from Madison, Wisconsin, is also part of the team because of their expertise with avigation easements. One issue emphasized during the consultant interview process was the importance of following Federal Aviation Administration procedures to maintain eligibility for reimbursement for the land and easements acquisitions. The acquisitions and the consultant's fees are eligible for reimbursement through the FAA Airport Improvement Program. The FAAwill pay 90 % of all costs associated with the acquisitions. The contract with ACSG includes Attachment #1, which sets forth a not-to-exceed price of $ 44,661.80 for the first three elements of the project. A copy of Attachment #1 is attached. The first phase includes identifying all the properties, meeting with the property owners, and developing a relocation plan for residents and businesses in the Runway Protection Zones. There are seven parcels to be purchased and avigation easements to be negotiated for twenty parcels. "Windshield appraisals" will be prepared and estimates of the actual cost of acquiring the properties and easements will be prepared for the Commission. The Master Plan roughly estimates the cost to acquire the land and easements at $ 2,500,000. The consultant's fees for the next phase of the project will be negotiated at the completion of the first phase. The FAA procedures require an independent cost estimate for providing consultant services° O. R. Colan Associates, Inc. of Fort Lauderdale, an expert in the land acquisition field, provided us with an independent cost estimate, which verifies the not-to- exceed price quoted by ACSG. O.R. Colan's review includes estimates for the entire project, which will allow us to evaluate ACSG's fee proposals for the rest of the project. The term of the entire project is twenty-four (24) months. The first phase will take six to eight weeks. The project will begin as soon as it is reviewed by the FAA and approved by the City Council. The Commission is optimistic that it will receive some reimbursement from the FAA in the first quarter of FY 98, which begins October 1, 1997. Applications for this project and other Master Plan CIP projects have been on file with the FAA since September of 1996o Two items will be presented to you for action on March 4, 1997. The first is a resolution approving funding for ACSG's contract. The second item is a resolution authorizing acquisition of land and avigation easements for the implementation of the Master Plan. Principals of ACSG, Eleanor Dilkes, Airport Commission members and I will be available at your work session on March 3, 1997, to answer questions you may have. cc: Iowa City Airport Commission Eleanor Dilkes, Assistant City Attorney Steve Atkins, City Manager Don Yucuis, Finance Director Linda Woito, City Attorney Professional Services Agreement Attachment Number One (1) THIS AMENDMENT, made and entered into this 28th day of February, 1997, by and between The Iowa City Airport Commission, hereinafter referred to as the "Commission", and ACSG, Inc., an Oklahoma Corporation with an office at 800 W. Fifth Avenue, Suite 204B, Naperville, IL 60563, hereinafter referred to as the "consultant". The Parties acknowledge the following: The City of Iowa City, Iowa owns and the Iowa City Airport Commission is charged with operating the Iowa City Municipal Airport, and; This Attachment is made a part of the Professional Services Agreement dated February 28, 1997, by and between the Iowa City Airport Commission and ACSG, Inc. Except as con- tained herein, all terms and provisions of aforementioned contract shall remain the same. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein set forth, the parties hereto agree as follows: 1. PURPOSE AND SCOPE OF SERVICES The purpose of this attachment is to task the consultant with preparing all manuals, plans, schedules, and documentation and obtaining appropriate approvals for same in order to proceed with a contemplated land acquisition project for Iowa City Airport. Phasel Task 1 - The consultant shall identify all properties, portions of properties, and avigation easements to be acquired in accordance with the approved Iowa City Airport master plan. Task 2 - Properties shall be delineated on a map and a database created reflecting' parcel ownership, address and phone number of owner. Task 3 - In accordance with FAA policy, a project work order system will be set up with each parcel separately identified by a number in order to accurately account for all costs associated with acquiring that parcel. Additional work orders will be assigned as needed for other tasks associated with the project. Task 4 - A relocation plan will be developed, in accordance with Federal guidelines, to address relocation issues that could be encountered during implementation of the program. Task 5 - If required by the FAA, a last resort housing study will be developed and submitted to staff, the Commission, and appropriate agencies for approval. Phase II Task 1 - "Windshield" appraisals will be performed by qualified personnel in order to get accurate project cost estimates. Task 2 - The project senior appraiser, Dr. John Rolling, will visit Iowa City and develop cost estimates for all avigation easements. Task 3 - The consultant will develop cost estimates for single family residences, mobile homes, and business relocations. Task 4 - The consultant will work with other team members to estimate all costs associated with the project including acquisition, relocation, appraisals, title and closing services, project management costs, and administrative costs. Any "force account" costs will be kept in a separate category as they must be specifically approved by the FAA Region before corn- mencement of the program, These cost estimates will be included in a final report to the Commission. Phase III Task 1 - A project manual and final report will be generated and delivered to staff and the commission for approval. It will include, but not be limited to, the following: a. Acquisition procedures to be followed during implementation of the program. b. Appraisal standards and review procedures. c. Relocation procedures to be followed during implementation of the program. d. Maps of the program area. e. Program cost estimates, f. Program schedule g. Relocation manual. h. Last resort housing plan (if required). i. Project accounting procedures. g. Grant administration. Task 2 ~ The consultant shall make a presentation to the Commission and any other concerned parties as requested by the Commission, concerning program procedures, costs, schedules, or any other information included in the final report or program manual. Task 3 - The consultant shall make one (1) trip to the FAA Region office in Kansas City to present the program manual, explain same, and assist the Commission in receiving appropriate approvals before commencement of the program. 2. PROJECT SUBCONSULTANTS As permitted in aforementioned Professional Services Agreement, the consultant is hereby authorized to retain the services of Howard R. Green Company, Rolling Real Estate Appraisers and Consulting, Downes & Associates, Inc., East Iowa Commercial Real Estate Appraisers, Snyder & Associates, and Security Abstract Company to provide subconsultant services under this contract. 3. PROJECT SCHEDULE The consultant shall complete all tasks included herein within three (3) months from the date of receipt of a notice-to-proceed from the Commission. PROJECT COST The total project cost of $44,661.80 is a not-to-exceed cost and, as per the aforementioned agreement, will be invoiced monthly in the approved format. This cost includes all general and administrative overhead, direct project expenses, fixed payment, and other project costs. ATTEST IOWA CITY AIRPORT COMMISSION BY BY TITLE TITLE APPROVED AS TO FORM BY BY Title TITLE ATTEST ACSG, Inc. BY BY TITLE TITLE airport\attach1 .wp5 ofO, k~~,~,~ HOOVER BUILDING STATE OF IOWA PAUL D. PATE DES MOINES, IOWA 50319 SECRETARY OF STATE ~V 04 ~'~' TEL (515)281-5204 FAX (515) 242-5953 April 24, 1997 Marian Karr City Clerk 410 E Washington St Iowa City, IA 52240-1826 RE: Filing of 28E Agreement between. the City of Iowa City, City of Hills and the Robert and Erma Wolf Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of April 24, 1997. Sincerely, Secretary of State PDP/skr Enclosures Prepared by: Eleanor M. Dilkes, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240~9)35~t~5030 RESOLUTION NO. 97-78 :~ m RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF HILLS, THE CITY OF IOWA CITY AND ROBERT AND ERMA WOLF TO PROVIDE FOR REPLACEMENT AND MAINTENANCE OF A DRAINAGE CULVERT UNDER SOUTH RIVERSIDE DRIVE WHEREAS, in May of 1996 the City of Iowa City, Robert and Erma Wolf, J.E.B.B., L.C., Bart and Gene Schuchert, Sham and Angeline Russell and Ace Auto Recyclers, Inc. entered into a Drainage Agreement to facilitate drainage across portions of the parties' properties east and west of Highway 921 and just north of the 4-H Fairgrounds; and WHEREAS, pursuant to said Drainage Agreement Iowa City agreed to arrange for the removal of silt from the culvert running under South Riverside Drive (the access road running parallel to Highway 921) and to maintain said culvert; and WHEREAS, after said Drainage. Agreement was made it was determined that significant backfall exists in said culvert and that replacement of the culvert is necessary to facilitate drainage across .the properties of the parties to the original Drainage Agreement; and WHEREAS, after said Drainage Agreement was made it was determined that said culvert lies partially within the corporate limits of the City of Hills; and WHEREAS, it is in the interest of the City of Iowa City for the City to enter into an agreement whereby the City of Hills agrees to allow the City of Iowa City to work within its corporate boundaries to the extent necessary to repair and maintain said culvert and whereby Wolf and Hills agree to contribute to the cost of the replacement of the culvert. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the iowa Code Chapter 28E Agreement with the City of Hills and Robert and Erma Wolf, which is attached hereto and incorporated by reference herein. Said Agreement is hereby approved as to form and content, and is found to be in the best interest of the citizens of Iowa City, Iowa. 2. The City Clerk is directed to forward a certified copy of this resolution., together with the Agreement, to counsel for the City of Hills and Robert and Erma Wolf for execu- tion; and upon return of the fully executed document by all parties, is further directed to record the resolution and Agreement in the Johnson County's Recorder's Office and to file a copy of the resolution and Agreement with the Secretary of State, as required by Chapter 28E Code of Iowa (1995). The City Clerk shall retain the returned, record- ed document as a permanent file. Resolution No. 97-78 Page 2 Passed and approved this 4th day of March , 1997. ATTEST:CiT'~'L~R-~K ~ ~~ City Attorney's Office It was moved by Kubb~v and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef pweng\hillwolf. res AGREEMENT THIS AGREEMENT, made by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "Iowa City," the City of Hills, Iowa, a municipal corporation, hereinaf~er referred to as "Hills," and Robert H. Wolf and Erma J. Wolf, hereinat'ter collectively referred to as "Wolf," pursuant to Chapter 28E of the Code of Iowa (1995). NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The purpose of this Agreement is to provide for the replacement and maintenance of a drainage culvert under South Riverside Drive, which culvert is immediately west of the drainage way shown and described on Exhibit A attached hereto and made a part of this Agreement by this reference. In the location of said culvert approximately the east half of Riverside Drive is located in Iowa City, with the remainder being located within the Hills city limits. 2. Iowa City agrees to replace the above-referenced culvert in order to facilitate drainage from Wolf's property to the Iowa River. 3. Hills agrees to pay a total of $600.00, receipt of which is hereby acknowledged by Iowa City, toward the replacement of the culvert, and Wolf will pay a total of $1,200.00, receipt of which is hereby acknowledged by Iowa City, toward the culvert replacement. Iowa City shall pay all remaining costs for replacing and/or reconstructing the culvert so that the present backfall is eliminated, including but not limited to all costs associated with the preparation of plans and specifications for the project, and selecting a contractor. 4. Iowa City shall retain ownership of the culvert and shall arrange for the removal of silt from said culvert and shall keep the same substantially free of future silt accumulations at its own cost and expense. All other waterways, to the extent possible as dictated by down stream conditions, shall be maintained by the party upon whose property such waterways are located. Iowa City does not assume any maintenance responsibilities for the culvert passing under the railroad tracks or the culvert passing under State Highway 921. 5. Hills hereby authorizes Iowa City to work within Hills' corporate boundaries for the purpose of constructing, installing, operating, replacing and maintaining said culvert. 6. Iowa City shall be wholly responsible for the performance of any of the work it performs under the terms of this Agreement and shall cause the same to be performed in a good and workmanlike manner in strict conformity to any plans and specifications approved by the Council or the parties, and any laws, rules, regulations and ordinances applicable thereto. 7. No separate legal entity is created by this Agreement, and no jointly-owned ,. facilities, property or equipment will be acquired by the parties. 8. Iowa City agrees to cause this Agreement to be recorded in the Office of the Johnson County Kecorder and filed with the Secretary of State, as set forth in Section 28E.8, Iowa Code, at the City's cost and expense. The City shall provide a recorded copy of this fully executed Agreement to each of the parties. 9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors in interest, personal representatives and assigns. Dated this ~/ day of TFtar~,-, ,1997. CITY OF IOWA CITY, IOWA N or Madan K. Karr, City Clerk City Attorney~ O~ce,. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of Tn,q. cct, , 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian IC Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal a.~xed to the foregoing instrument is the corporate seal of the municipal corporation, and that the instrument was signed and sealed on behalf of the municipal corporation by the authority of its City Council, as contained in Resolution No. q of the City Council on the ~¢----day of 77la_cc1-, , 1997; and that Naomi J. Novick and Marjan K. Karr acknowledged the execution of the instrument to their voluntary. act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa CITY OF HILLS, IOWA Cathy FC~o'~tzm~arice,~M~yo/Afr~' ~~' Attest: .'.L~T_,/c ~ Ju~'~ Grothe, City Clerk STATE OF IOWA ) JOHNSON COUNTY ) On this i~'/'k day of [Y~o.-~'c. Lk., , 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Cathy Fitzmaurice and Judith Grothe, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Hills, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the municipal corporation, and that the instrument was signed and sealed on behalf of the municipal corporation by the authority of its City Counc. Ll as contained in Resolution No. q 7- ~3 of the City Council on the 3tfl-k day of ~.a3oCu-a_e , 1997; and that Cathy Fitzmaufice and Judith Grothe 'aCknowledged the execution o~{the instrument to their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in a~ffd for the state of Iowa b ~/-,,r~' R ben H Wolf Erma J. Wolf STATE OF IOWA ) ay of , 1997, before me, a Notary Public, personally appeared Robert H. Wolf and Erma J. Wolf, husband and wife, to me known to be the persons named in and w.ho executed the foregoin ' strument, and acknowledged that they executed the same as their volu . ~~ · ' and'for the State of Iowa 4 ., j : > m Z1 ~ 0 I"q CI C87''j::Ufq , ' '< c~ . c<''~ ~FNT~RLINE (2:PAR RAPIDG ANP 16~A/A 611"Y RALW A_y (.,~2. c m H m r- 0 > 7J ............. · ..'.'. ............... m ::fm ..... 0 ::;0 Zrn'TI I'q Z 0 '~ "~¢~ ¢~ t':i .!:J 0 'I:) 70 O :::':t:::::~ ' ' ~ > Q.~8~ o ~ ~- _ ~' ~ ",'Z° """""":' .o ~.:: :~;~ > ~ o" · m O0o ::E> ~ :~,~ oz ~ ~::.:t..:i c t'.':.: C.'..I -< _, c~ ..~ H ~ .~ z oo m ,I 0 ~(.,n r' ' 0 li'." :.". ~ ~ :, ~ r.":i'.':.'.~ o · ..., rrl~.C I~:" :':] "rl "~ U) ~') _( ~ n. I"".' ;':'t _ m i ~.,, · ~ ~~ -..::.~.....::, · I ~ ~. o ~ o o 5'~ o0,~'.~~ I... -~, ,, u~ ~ I.:':i'.',.'l i~;  t,?,,i::,,,I ,.::.......,~ ,..~, ,'~, o ~< ' '~::::' ' ° o . I,':'..,';..I I .'.-' .,'/I r.,';F.':~ · 0 m I':': %.%:t · -, [;:..<.'J ~p I o j I ITI I ""'1 I .~ s m ~' NOO'25'54"E It/!/ f" ................. S00'25'5~"W II ~ If, ~ r.~ //, ~ ~ ~. III 1 7/ ~ ,.,:'. 2079i'~c~ 28S ( . E o e.~.c~.F~ ""~ EASEMENT PLAT ~ MMS CONSULTANI<j, INC,''~ c eS/6'X.,0'w/LSC~sn ~0~c~ A Portion of the Northeast Quar(er Iq~ Iowa City, Iowc; D ......... ~ae[Hfft~t[ Section 28-T79N-R6W-OF ]HE 5TH P.M. Iowa Oil[),. Iowa 319--~51--82~2 · .~ ... No ~Z . RLW ~ D ~ GDM ~ 2 - 12- 96 1 ,= 100' .- _