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
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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
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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
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ONLY ~O G~FE~ NO RIGH~ U~ ~E CER~F~A~
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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
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