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HomeMy WebLinkAbout2003-11-10 Resolution Prepared by: Stephen Long, Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. RESOLUTION SUPPORTING THE DEVELOPMENT THROUGH NEW CONSTRUCTION OF FOURTEEN AFFORDABLE HOUSING UNITS AT CATSKILL COURT, WHISPERING MEADOW DRIVE, AND INDIGO COURT IN IOWA CITY THROUGH THE LOW-INCOME HOUSING TAX CREDIT PROGRAM. WHEREAS, the City of Iowa City, Iowa, has been informed by Prairie Garden IHA Limited Partnership that a Low-Income Housing Tax Credit Application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at Catskill Court, Whispering Meadow Drive, and Indigo Court in Iowa City, Iowa with a legal description as follows: Lots 14, 15, 17 and 18, East Hill Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 36, Page 9, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. Lots 82, 83, 94, 95, 162 and 163, Whispering Meadows Subdivision Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat of Records of Johnson County, Iowa. WHEREAS, this housing project will contain up to 14 units; and WHEREAS, the units will be targeted to families and special needs (i.e., elderly, family, special needs, mixed income, rent subsidized); and WHEREAS, the project Will be new construction. NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City, Iowa that we support and approve the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until July 1, 2004. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Passed and approved this day of ,20__ MAYOR Approved by ATTEST: ~~L~ CITY CLERK City Attorney's Office Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-340 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 838 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of three Mortgages in the total amount of $17,428, executed by the owner of the property on July 14, 2000, and recorded on July 27, 2000, in Book 2991, Page 47 through Page 51, and Book 2991, Page 52 through Page 58, and dated January 17, 2001, recorded January 21, 2001, in Book 3033, Page 272 through Page 276 in the Johnson County Recorder's Office covering the following described real estate: Lot 8, Block 8, Rundell, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 130, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, University of Iowa Community Credit Union is refinancing a home equity loan in the amount of $30,000 to the owner of 838 Rundell Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by the proposed mortgage in order to induce University of Iowa Community Credit Union to make such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a third, fourth, and fifth lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this ]nth day of November ,20 03 . MAYOR ATTEST: ~~ CI~LERK City Attorney's Office Ppdre habYe$~83Bru ndell, do~ Resolution No. 03-340 Page 2 It was moved by ~l!nnnnel 1 and seconded by Vanderhoef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef }{ Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortqa.qe which at this time is in the amount of $17,428, and where executed by Mary L. Shettler (herein the Owner), dated July 14, 2000, recorded July 27, 2000, in Book 2291, Page 4.~7 through Page 51. and in Book 2991 , Page 5._~2 through Page 5._~8, and dated January 17, 2001 , recorded January 21, 2001, in Book 3033, Page 272 through Page 276 Johnson County Recorder's Office, covering the following described real property: Lot 8, Block 8, Rundell, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 130, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $30,000 on a promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortqa.qes held by the City be subordinated to the lien of the mortgage prpposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortqa~es held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mort.qaqes of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 10th dayof November ,20 03 . CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor By~_ ~ Attest: City'-Cierk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /o day of /tJotlF--,l~zZ_ ,20 ~)~5, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared F_~u~- ~4J. /._.E_~/~u~ and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Coundl, as contained in (~'di~aee) (Resolution) No. o~ ~.~ ~ passed (the Resolution adopted) by the City Council, under Roll Call No. -- - of the City Council on the /,o day of ~5~~, 20 O.~ ,and that E.~u~_..~-r' ~. L~._~/,v,A~2 and Marian K. Karr acknowledged the execution of the instrument to be their voluntary am and deed and the voluntary am and deed of the corporation, by it voluntarily executed. '1 Commisslo~ Number 159791 [ I "r~-I ~,I~',/o ,~ _1 Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) | On th~s ~ ~'~-~ day o, ~ ~ , A.D. 20 O~., before me, the u..~4rsigne, d,a Notary Public in and for ~e State of Iowa, pemonally appeared and ~, ~y ~ d~ ~o~n, ~d ~y t~t ~h~y ~r~ th~ ~,~ ~ /~ ~/~ ~~ , respectively, of said ~oration exe~u~ng the within and forgoing instrument to which this is a~ached, that said inst~ment was signed and sealed on behalf of said ~rp~ation ,b~ authority ,.of-- its Board of Directors; and that the said and ~u~~ ~#~ ~ such o~rs acknow edged the execution of said inst~ment to b~'the volunta~ ac~ a~d-d~d of said ~rporation, by it and by them voluntarily executed. I Commt~i~ Numar 1 I~1 / Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-341 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Promissory Note and a Mortgage in the total amount of $12,483.65, executed by the owner of the properly on September 7, 1994, and recorded on September 9, 1994, in Book 1809, Page 249 through Page 250, and in Book 1809, Page 251 through Page 254 in the Johnson County Recorder's Office covering the following described real estate: Lot 6, Block 45, Iowa City, according to the recorded plat thereof WHEREAS, Iowa State Bank and Trust has refinanced a mortgage in the amount of $140,000 to the owner of 410 Iowa Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the promissory note and mortgage held by the City be subordinated to the loan of Iowa State Bank and Trust secured by the mortgage; and WHEREAS, Iowa State Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with Iowa State Bank and Trust; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust, Iowa City, Iowa. Passed and approved this 10th __ day of November ,20 03 ATTEST: ~,~'~ ,~. ~ .Ap~"^"~a~" CI'I'Y~'~LERK ' City Attorneys Office ppdrehab/res/410iow~a-subord.doc Resolution No. 03-341 Page 2 It was moved by 0' Donne11 and seconded by Vanderhoef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef ~ Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa State Bank and Trust of Iowa City, Iowa heroin the Financial Institution. WHEREAS, the City is the owner and holder of certain Promissory Note and MortRaqe which at this time is in the amount of $140,000, and where executed by United Action For Youth (UAY) (herein the Owner), dated September 7, 1994, recorded September 9, t994, in Book '1809, Page 249 through Page 250, and in Book 1809, Page 251 through Page 254 Johnson County Recorder's Office, covering the following described real property: Lot 6, Block 45, Iowa City, according to the recorded plat theroof WHEREAS, the Financial Institution proposes to loan the sum of $'140,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the roal property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Promissory Note and Mortqaqe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties heroto, the parties agroe as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Promissory Note and Mort.qa,qe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges roceipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination heroin. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is heroby acknowledged as a lien superior to the Promissory Note and Mort,qa,qe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 10th day of November ,2003 CITY OF IOWA CITY FINANCIAL INSTITUTION /' City, Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /'o day of ~o~-,.E, EO. ,20 o~J, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared F_.~.&~- uJ. Lr~,~J and Maclan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in .~) (Resolution) No. ~, ..-. 3,,~-/-! passed (the Resolution adopted) by the City Council, under Roll Call No.--- _ of the City Council on the /'c~ dayof ,,'J~t/~-mt/~.cr~ ,20~:~ ,and that E./~-~,-r /z). J_ F_.v,~'aa] and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONO~,AEFORT ~ ~'"~11~ '~1 Corem sslon Number i 59791 | I'~'"1~ ~'"'1 '~'~ / ~"MY'~°mrplsst°n Expires ~t ~/'1,/"/~ Notary Public in and for the State of Iowa STATE Of IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of _~I~V~'¢~,~''/[' ,, , A.D. 20 O'~ , before me, the d~,,neL.d a Notary Public in and J~r, the State of Iowa, personally appeared un,---- w',~l~}~, and '~e.~,~__ V'~,~,~i , to me personally, known, who being by me duly swom, did say that they are the ,,~I.¢ ViCe. [P~,~.~.:' and ~J~'c.~.. ~,~.~r , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by ,. authority of its Board of Directors; and that the said and Vice. ~'~ ;~e~, 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. Notary Public in and for the State of Iowa Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-342 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. WHEREAS, on October 1, 1987, the owner of 410 Iowa Avenue executed a Mortgage in the amount of $70,000 in the form of a seven-year forgivable loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 410 Iowa Avenue, Iowa City, Iowa from a Mortgage recorded October 1, 1987, Book 981, Page 46 through Page 47 of the Johnson County Recorder's Office. MAYOR Cl'l'~ CLERK City Attorney's Office It was moved by 0'Donnel] and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell × Pfab × Vanderhoef X Wilbum ppdrehab/res/410iowa-reLdoc 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 410 Iowa Avenue, Iowa City, Iowa, and legally described as follows: Lot 6, Block 45, Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, United Action for Youth (UAY), to the City of Iowa City in the total amount of $70,000 represented by a Mortgage recorded October 1, 1987, Book 981, Page 46 through Page 47 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved by CIT~CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /c~ day of ~, A.D. 20 D~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Maclan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as ~contained in Resolution No. 0~-$¢,~, , adopted by the City Council on the /O day ~)u., 20 ~ 5 and that the said Ernest W. Lehman and Madan 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. pp<lrehab~10iowa-rel.doc Notary Public in and for Johnson County, Iowa t.lSONDRAE FORT I ICornmissfon Number 159791 I My,Cora_mi,ss{on Expires I 3/?/~ Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-343 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE AGREEMENTS, A MORTGAGE, AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 422 IOWA AVENUE, IOWA CITY, IOWA. WHEREAS, on July 15, 1992, the owner executed an Agreement in the amount of $40,000 in the form of a ten-year forgivable loan; and WHEREAS, on July 15, 1992, the owner executed an Agreement, a Mortgage and a Promissory Note in the amount of $75,000 in the form of a payback loan; and WHEREAS, this loan has been paid off; and WHEREAS, on October 11, 1993, the owner executed a Conditional Grant Agreement in the amount of $40,000 in the form of a ten-year forgivable loan; and WHEREAS, the terms of all the loans have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 422 Iowa Avenue, Iowa City, Iowa from an Agreement recorded July 21, 1992, Book 1406, Page 142 through Page 152, an Agreement, Book 1406, Page 151 through Page 156, a Mortgage, Book 1406, Page 157 through Page 161, a Promissory Note, Book 1406, Page 162 through Page 163; and from a Conditional Grant Agreement, recorded October 13, 1993, Book 1632, Page 323 through Page 325 of the Johnson County Recorder's Office. Passed and approved this lOth _dayof November ,20 03 - MAYOR ATTEST:-~/~¢~..~ /r/. ,/¢/.~ Appr~~..%~ ~.-H-o~ CITY"CLERK City Attorney's Office Resolution No. 03-343 Page 2 It was moved by (l' Donnel 1 and seconded by, Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, iA 52240 (319)356-5246 RELEASE OF LIENS The City of Iowa City does hereby release the property at 422 Iowa Avenue, Iowa City, Iowa, and legally described as follows: The West Sixty (60) feet of Lot Seven (7), Block Forty-Five (45), Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, United Action for Youth (UAY), to the City of Iowa City in the total amount of $155,000 represented by an Agreement recorded July 21, 1992, Book 1406, Page 142 through Page 152, an Agreement, Book 1406, Page 151 through Page 156, a Mortgage, Book 1406, Page 157 through Page 161, a Promissory Note, Book 1406, Page 162 through Page 163; and from a Conditional Grant Agreement, recorded October 13, 1993, Book 1632, Page 323 through Page 325 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 document. MAYOR ATTEST: ~x~..~2 ,,~. ,,~'"',~_..,~ CI'I'~LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /o day of AJs.£~&£~. , A.D. 20 o~v , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan 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. 0S-5¥.~ , adopted by the City Council on the ,'~ day~ ~Jsv. , 20 03 and that the said Ernest W. Lehman and Maclan 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. ~4'~1 SONDRAE FORT IComm~o. Number 159791 · ° My Comn]ission Expires ppd ehab~422,owa-rel.do~-~..:I .~/~,/ 0;5 I Notary Public in and for Johnson County, Iowa / Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION - PART SEVEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Galway Hills Subdivision - Part Seven, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Galway Hills Subdivision - Part Seven, as constructed by Streb Construction Company, Inc., of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this day of ,20 MAYOR ATTEST: A~,,~ A/~"f/c~' CITY CLERK ~t~/~tt~-rne~,'s Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 1826 (3191 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT November 5, 2003 Honorable Mayor and City Council Iowa City, Iowa Re: Galway Hills Subdivision - Par~ Seven Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Galway Hills Subdivision - Part Seven have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Prepared by: Stephen Long, Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. 03-344 RESOLUTION SUPPORTING THE DEVELOPMENT THROUGH ACQUISITION AND REHABILITATION OF THREE AFFORDABLE HOUSING UNITS AT 912 2ND AVENUE IN IOWA CITY, IOWA THROUGH THE LOW-INCOME HOUSING TAX CREDIT PROGRAM, WHEREAS, the City of Iowa City, Iowa, has been informed by Prairie Garden IHA Limited Partnership that a Low-Income Housing Tax Credit Application filed with the Iowa Finance Authority for the development of affordable rental housing to be located at 912 2nd Avenue in Iowa City, Iowa with a legal description as follows: The north 1/2 of Lot 4, in Block 6, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. WHEREAS, this housing project will contain up to three units; and WHEREAS, the units will be targeted to families and special needs (i.e., elderly, family, special needs, mixed income, rent subsidized); and WHEREAS, the project will be an acquisition and rehabilitation. NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City, that we support and approve the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until July 1, 2004. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Passed and approved this ~.0th dayof November ,20 03 Approved by CI~LERK City Attorney's Office ppdcdb~fresJ912 2nd ave,doc Resolution No. 03-344 Page 2 It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum November ~0 ,2003 The Finance Director of Iowa City, Iowa, met at City Ha 11 , Iowa City, Iowa, at 11 ~ nn o'clock ~__.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7: 00 o'clock P .M. on the above date. The following persons were present: Finance Director Kevin O'Malley Evensen Dodge Sr. VP Dave Dierks J City Clerk Marian K. Karr -1- This being the time and place for the opening of bids for the sale of $5,570,000 Corporate Purpose General Obligation Bonds, Series 2003, the meeting was opened for the receipt of bids for the bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name&Address of Bidders: NIC($) Harris Trust & Savings Chicago, IL $1,033,337.53 3.096875 Robert Baird & Co. Milwaukee, WI $1,034,449.37 3.1051 Sun Trust Capital Markets Atlanta, GA $1,051,090.85 3.169721 UMB Bank, N.A. Kansas City, MO $1,088,176.94 3.279947 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: NIC{$) Legg Mason Wood Walker, Inc. Minneapolis, M~q $1,038,701.96 3.110706 Griffin Kubik Stephens & Thompson Chicago, IL $1,041,119.65 3.120813 UBS Financial Services, Inc. Chicago, IL $1,045,828.23 3.140295 US Bancorp Piper Oaffray Minneapolis, MN $1,053,955.45 3.149959 Morgan Keegan & Co, Inc. Memphis, TN $1,057,367.45 3.177887 4. The best bid was determined to be as follows: Name &Address of Bidder: Harris Trust & Savings Bank of Chicago, IL Net Interest Cost: $1,033,337: 53 True Interest Rate: 3.096875 % All bids were then referred to the Council for action in accordance with the Notice of Sale. -2- November 10 ,2003 The City Council of Iowa City, Iowa, met in qpon~al session, in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7: 00 o'clock P.M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Champion. Kanner, Lehman, O'Donnell, Pfab, Vanderhoef~ Wilburn Absent: None -3- Council Member 0' Donnel 1 introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $5,570,000 GENERAL OBLIGATION BONDS, SERIES 2003" and moved its adoption. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Wilburn, Vanderhoef~ Champion~ Kanner~ Lehman~ O'Donnell, Pfab NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 03-345 RESOLUTION DIRECTING SALE OF $5,570,000 GENERAL OBLIGATION BONDS, SERIES 2003 WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $5,570,000 GENERAL OBLIGATION BONDS, SERIES 2003: Bidder: Harris Trust & Savin?q Rank of Ch4ragn: ll the terms of said bid being: Purchase Price: $ 5,608~966.00 True Interest Rate: 3. 096875 % Net Interest Cost $1,033,337.53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COLTNCIL OF THE CITY OF IOWA CITY, IOWA: -4- Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this lOth day of November ., 2003. Mayor ATTEST: ~ity"'~lerk MMCGrlqLEYX389112\1 \10714.080 -5- NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director, in the City of Iowa City, Iowa (the "Issuer") at 11:00 o'clock A.M., on the 10th day of November, 2003. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2003, in the amount of $5,570,000, to be dated December 15, 2003 (the "Bonds"). Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director, Iowa City, Iowa · Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director, Iowa City, Iowa. The bids must be submitted through the PARITY® competitive bidding system. · Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director, Iowa City, Iowa. Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic interact bids will be accessed and announced. Sale and Award: The sale and award of the bonds will be held at the Emma J. Harvat Hall, City Hall at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5052; or the City's Financial Consultant, Public Financial Management, Inc., 650 Third Avenue South, Suite 1800, Minneapolis, MN 55402, Telephone: (612) 338-3535. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. s/Marian K. Karr, City Clerk City Clerk of the City of Iowa City, Iowa Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 03-346 RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR GROUNDWATER AND SURFACE WATER MONITORING AND ANNUAL WATER QUALITY REPORTS FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to operate and monitor the groundwater and surface water and prepare necessary quarterly, semi-annual, and annual water quality reports in accordance with state and federal regulations; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the Prevision of Engineering Services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and djrected to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 10~:h dayof November ,20. 03 Approved by / CIT~CL~RK ~ty Attorney's Office pwen g/resPa ndflll-green2 doc Resolution No. 03-346 Page 2 It was moved by Vanderhn.f and seconded by ~i 1 bu~'n the Resolution be adopted, and upon roil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this lOth day of November , 2003 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Howard R. Green Company , of Cedar Rapids, Iowa , hereinafter referred to as the CONSULTANT. WHEREAS, the City of iowa City desires to secure the services of an engineering consulting firm to provide assistance in the implementation of the Hydrologic Monitoring System Plan and in the completion of related routine annual services at the Iowa City Landfill and Recycling Center, in order to remain in compliance with the requirements of the Iowa Department of Natural Resources (IDNR) Sanitary Disposal Project Permit, and; WHEREAS, the City of Iowa City desires to secure the services of a consulting engineering firm to provide assistance in maintaining compliance with the Iowa Department of Natural Resources (IDNR) Title V Air Emissions Operating Permit. NOW THERE FORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. I. SCOPE OF SERVICES The CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. GROUNDWATER AND SURFACE WATER MONITORING ASSISTANCE Calendar Years 2004, 2005 and 2006 The CONSULTANT will perform the following services. City of Iowa City Landfill and Recycling Center staff will complete the quarterly, semi-annual or annual sampling of thirty-four (34) landfill groundwater monitoring wells and five (5) surface monitoring points in accordance with the requirements of Special Provisions item No. 7 of Iowa City's Sanitary Disposal Project Permit (No. 52-SDP-1-72P), as issued on August 5, 1999. The monitoring wells and surface monitoring points to be included are: Upgradient wells numbers: MW-1E, MW-13B, MW-17C and MW-18D1. Downgradient wells numbers: MW-lA, MW-1 B, MW-2A-97, MW-2C-97, MW-2E-97, MW- 5B, MW-6B, MW-7B1, MW-7C, MW-7E, MW-aB, MW-11 B, MW-11 C, MW-11 D, MW-11 E, MW-12B, MW-12D, MW-14B, MW-15A, MW-16A, MW-17A-00, MW-17D, MW-17E, MW- 18C, MW-23A, MW-23D, MW-24A, MW-25A-00, MW-25C and MW-29A. Surface monitoring points: SW-1, SW-2, SW-3, WT-1, and ST-1. C:\DOCUMENTS AND SE"FFINGS\BHARTHU\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK2\CONTRACT ANNUAL SERVICES 04-06 ICSLFI.DOC Page 1 of 1 0 In conjunction with the sampling effort by Landfill staff, the Landfill staff will prepare necessary field sampling logs and will containerize, label prepare for shipment and deliver all samples to the City of Iowa City Water Pollution Control Plant laboratory, orthe TestAmerica, Inc. laboratory in Cedar Falls, Iowa, as directed. The CITY will be responsible for all costs associated with laboratory analyses of groundwater and surface water samples. Test results will be submitted to CONSULTANT within 30 days of field sampling to enable CONSULTANT to meet IDNR reporting requirements. Groundwater levels will also be measured and recorded quarterly by Landfill staff for wells MW- 4A, MW-9A and MW-10B. These results will be reported annually by CONSULTANT to IDNR as part of the Annual Water Quality Report (AWQR). Consultant will provide assistance to Landfill staff relative to sampling of the landfill groundwater monitoring wells and surface water points. Included will be: 1) Review and discussion with Landfill staff of the IDNR regulations pertaining to sampling, laboratory analysis, reporting and recordkeeping, to include a review and discussion of the sampling and reporting requirements of the City's Sanitary Disposal Project Permit (No. 52- SDP-1-72P), as issued on August 5, 1999. 2) Review and discussion with Landfill staff of the 2002 Annual Water Quality Report (AWQR) and related historical data for the Iowa City Sanitary Landfill and Recycling Center. 3) Review and discussion with Landfill staff of the Revised Hydrologic System Monitoring Plan (Revised June 11, 1999). GROUNDWATER AND SURFACE WATER MONITORING REPORTING Calendar Years 2004, 2005 and 2006 The CONSULTANT will perform the following services. Following completion of each quarterly, semi-annual or annual sampling event by the Landfill staff, the CONSULTANT will review the analytical data and field measurements from each such sampling event, discuss with landfill representatives any findings that may negatively impact the landfill operation, and prepare a report within the required time discussing the latest results. This periodic report will be submitted with the required IDNR forms to the IDNR central office in Des Moines and the IDNR field office No. 6 in Washington, Iowa. C:\DOCUMENTS AND SE%I'INGS\BHARTHU\LOCAL SETTINGS\TEMPORARY 1NTERNET FILES\OLK2\CONTRACT ANNUAL SERVICES 04-06 ICSLFI.DOC Page 2 of 10 ANNUAL WATER QUALITY REPORTS Calendar Years 2004, 2005 and 2006 The CONSULTANT will perform the following services. Prepare an Annual Water Quality Report (AWQR) in December of each year that contains all sampling and testing data collected and approved for the site through November of that year, that provides documentation of the statistical procedures utilized in the evaluation, and that will conform to the standards of [567] Iowa Administrative Code, Chapter 113.26 (8) d (1) through (4). All results will be summarized in text form, with conclusions and recommendations. The actual statistical analyses output, including graphics and a digital output will be presented in an appendices. The completed report will be reviewed and discussed with CITY staff prior to submittal to IDNR.. The AWQRs will also address the requirements of the Monitoring Well Performance Reevaluation and Maintenance program, and will discuss monitoring well depths and monthly water levels. ANNUAL LEACHATE CONTROL SYSTEM PERFORMANCE EVALUATION REPORT (LCSPER) Calendar Years 2004, 2005, and 2006 The CONSULTANT will perform the following services. Prepare a Leachate Control System Performance Evaluation (LCSPE) Report each year that summarizes all activities related to the leachate control system. The report will address the amount of leachate extracted, trends in leachate levels within the landfill compared to precipitation and trends in contamination in some monitoring wells. If cleanout of the leachate collection system becomes necessary, the report will describe the methods and results of the cleanout efforts. In support of CONSULTANTS efforts for this work task Landfill staff will, on a monthly basis, measure and record the levels and elevations of leachate in all IDNR-designated leachate piezometers and gas collection wells. Also, Landfill staffwill record monthly the volume of leachate collected and transported to the Iowa City Wastewater Treatment Facility. C:\DOCUMENTS AND SE%rlNGS\BHARTHU\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK2\CONTRACT ANNUAL SERVICES 04-06 ICSLF1.DOC Page 3 of 10 SEMI-ANNUAL LANDFILL INSPECTION AND REPORTING Calendar Years 2004, 2005, and 2006 The CONSULTANT will perform the following services. Inspect the landfill and prepare a report during the spring and fall of each year, for submittal to the IDNR central office in Des Moines and the IDNR field office No. 6 in Washington, Iowa. The report will describe in detail the site's conformance or nonconformance with the Sanitary Disposal Project Permit and the approved Development Operations Plans and Specifications (DOPS). The report will be certified by a Professional Engineer licensed to practice in Iowa. SITE METHANE CONCENTRATION MONITORING Calendar Years 2004, 2005 and 2006 The CONSULTANT will perform the following services. On a quarterly basis, monitor site methane gas concentrations in accordance with Iowa Administrative Code (lAC) Subtitle [567], Chapter 113.26 (15). Reporting of methane gas concentration monitoring will be to IDNR on an annual basis, as a part of the respective AWQR, by December 31st of each year. TITLE V AIR EMISSIONS OPERATING PERMIT, ANNUAL COMPLIANCE CERTIFICATION and REPORTING Calendar Years 2004, 2005 and 2006 The CONSULTANT will perform the following services. The Title V Air Emissions Operating Permit (permit number 00-TV-007) for the Iowa City Landfill and Recycling Center will expire on February 3, 2005. The CONSULTANT will prepare and submit the required application and supporting documentation to IDNR for approval at least 180 days prior to the expiration date of the current permit. Included in the supporting documentation will be information relative to system changes or modifications completed since issuance of the current permit, and not previously submitted to IDNR. The Title V permit requires the submittal (to IDNR) of annual compliance certifications by March 3'[st of each year for the previous calendar year. Under this agreement CONSULTANT will prepare and submit the annual certification for three individual years' operations (by March 31st, 2004 for calendar year 2003, by March 31~t, 2005 for calendar year 2004, and by March 31st 2006 for calendar year 2005). C:\DOCUMENTS AND SETI'INGS\BHARTHU\LOCAL SETFINGS\TEMPORARy INTERNET FILES\OLK2\CONTRACT ANNUAL SERVICES 04-06 iCSLF1.DOC Page 4 of 10 Annual Emission Inventory Questionnaires (EIQs) are required to be submitted to IDNR by March 31s~ of each year for the previous year's operations. CONSULTANT will prepare and submit the EIQs in 2004, 2005 and 2006 for the three respective previous years' operations. In addition, upon receipt of the schedule of fees from IDN[R for the Annual Emission Fee payment, CONSULTANT will prepare the necessary supporting forms for submittal with the annual fee by the City of Iowa City. The associated fee payment is no__t included in the fee schedule for engineering services as identified in this Scope of Services. The City's Title V permit also requires the submittal of semi-annual monitoring reports. These reports are to be submitted by March 31st and September 30th of each year for the periods of July 1st through December 31st and from January 1st through June 30TM, respectively. CONSULTANT will prepare and submit these semi-annual monitoring reports in 2004, 2005 and 2006. This compliance reporting is in direct response to the requirements of the Landfill's Title V Air Emissions Operating Permit, and is therefore separate from the monitoring and reporting required by the IDNR-issued construction permit for the landfill gas collection and control system, from the semi-annual Landfill Gas System Operations Reports required by 40 CFR 60.757 (f) (1) through (6) and 40 CFR 63.1980, and the periodic and immediate Startup, Shutdown and Malfunction (SSM) reporting that may be required by 40 CFR 63.10 (d) (5) (i) and (d) (5) (ii), respectively. LANDFILL SITE TOPOGRAPHIC SURVEY Calendar Years 2004, 2005 and 2006 The CONSULTANT will perform the following services. The base topographic map for the Iowa City Landfill and [Recycling Center will be updated on a semi-annual basis. Aerial photography will be utilized for the spring mapping updates and GPS will be utilized for the fall mapping updates. The updated site topography maps will include the closed and active landfill ceils and the soil cover borrow areas. This information will be used to provide semi-annual reports of the rate of compaction, the cover dirt-to-refuse ratio, and the remaining airspace for the active cells. All deliverables to the City will consist of three hard copies and one electronic copy. I1. TIME OF COMPLETION The Consultant shall complete the Tasks in accordance with the schedule shown. For Calendar Year 2004 Title V Annual Compliance Certification by March 31,2004 Annual Emission Inventory Questionnaire (EIQ) by March 31,2004 Title V Semi-annual Monitoring [Reports by March 31 and Sept.30, 2004 Annual Emissions Fee Payment forms by June 15, 2004 Updated spring Topo Map/Compaction [Report by March 31,2004 Spring 2004 Semi-Annual Inspection/Report by April 30, 2004 C:\DOCUMENTS AND SE~--INGS\BHARTHU\LOCAL SE~q-INGS\TEMPORARY INTERNET FILES\OLK2\CONTRACT ANNUAL SERVICES 04-06 ICSLFI.DOC Page 5 of 1 0 Spring 2004 Semi-Annual Sampling Assistance by May 31,2004 Title V Permit Renewal Application by August 3, 2004 Updated fall Topo Map/Compaction Report by September 30, 2004 Fall 2004 Semi-Annual Inspection/Report by October 30, 2004 Fall 2004 Semi-Annual Sampling Assistance by November 30, 2004 Annual Water Quality Report by December 31, 2004 Annual Leachate Control System Performance by December 31,2004 Evaluation Report Groundwater/Surface Water Sampling Within 45 days from Event Reports date of sampling Site Methane Concentration Monitoring Quarterly for 2004 For Calendar Year 2005 Title V Annual Compliance Certification Report by March 31,2005 Annual Emission Inventory Questionnaire (EIQ) by March 31,2005 Title V Semi-annual Monitoring Reports by March 31 and Sept.30, 2005 Annual Emissions Fee Payment forms by June 15, 2005 Updated spring Topo Map/Compaction Report by March 31,2005 Spring 2005 Semi-Annual Inspection/Report by April 30, 2005 Spring 2005 Semi-Annual Sampling Assistance by May 31,2005 Updated fall Topo Map/Compaction Report by September 30, 2005 Fall 2005 Semi-Annual Inspection/Report by October 30, 2005 Fall 2005 Semi-Annual Sampling Assistance by November 30, 2005 Annual Water Quality Report by December 31,2005 Annual Leachate Control System Performance by December 31,2005 Evaluation Report Groundwater/Surface Water Sampling Within 45 days from Event Reports date of sampling Site Methane Concentration Monitoring Quarterly for 2005 For Calendar Year 2006 Title V Annual Compliance Certification Report by March 31, 2006 Annual Emission Inventory Questionnaire (EIQ) by March 31,2006 Title V Semi-annual Monitoring Reports by March 31 and Sept.30, 2006 Annual Emissions Fee Payment forms by June 15, 2006 Updated spring Topo Map/Compaction Report by March 31,2006 Spring 2006 Semi-Annual Inspection/Report by April 30, 2006 Spring 2006 Semi-Annual Sampling Assistance by May 31, 2006 Updated fall Topo Map/Compaction Report by September 30, 2006 Fall 2006 Semi-Annual Inspection/Report by October 30, 2006 Fall 2006 Semi-Annual Sampling Assistance by November 30, 2006 Annual Water Quality Report by December 31,2006 Annual Leachate Control System Performance by December 31, 2006 Evaluation Report GroundwatedSurface Water Sampling Within 45 days from C:\DOCUMENTS AND SETTINGS\BHARTHU\LOCAL SETFINGS\TEMPORARY INTERNET FILES\OLK2\CONTRACT ANNUAL SERVICES 04-06 ICSLF1.DOC Page 6 of 1 0 Event Reports date of sampling Site Methane Concentration Monitoring Quarterly for 2006 III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the lump sum amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a C:\DOCUMENTS AND SE~q'INGS\BHARTHU\LOCAL SETTINGS\TEMPORARY iNTERNET FILES\OLK2\CONTRACT ANNUAL SERVICES 04~06 ICSLF1.DOC Page 7 of 10 professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultants own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES BASIC SERVICES Landfill staff Groundwater/Surface Water Sampling $ 1,200 Assistance ( 6 events) Groundwater/Surface Water Sampling Event Report (6 events) $ 3,000 Annual Water Quality Report (3 events) $ 39,000 Annual LCSPE Reports (3 events) $ 24,000 Semi-Annual Landfill Inspections/Reports (6 events) $ 8,000 Site Methane Concentration Monitoring (12 events) $ 6,000 Title V Air Emissions Operating Permit Renewal Application $ 10,500 Title V Annual Compliance Certification (3 events) $ 3,900 Annual Emission Inventory Questionnaire (EIQ) (3 events) $ 22,000 Title V Semi-annual Monitoring Report (6 events) $ 3,000 Annual Emissions Fee Payment forms $ 1,500 Landfill Site Topographic Survey (6 events) $ 42.000 Total Compensation - Basic Services $164,100 C:\DOCUMENTS AND SETi-INGS\BHARTHU\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK2\CONTRACT ANNUAL SERVICES 04-06 ICSLF1.DOC Page 8 of 10 V. MISCELLANEOUS A. Insurance Requirements 1. Certificate of Insurance, Cancellation or Modification a. Before commencing work, the Consultant shall submit to the City, for approval, a Cer[ificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. b. The Consultant shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. c. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and/or to halt work on the Project, and to withhold payment for any work per[ormed on the contract. 2. Minimum Coverage a. Any policies of insurance purchased by the Consultant to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: Comprehensive General Liability Each Occurrence A.q~reFlate (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (1) Bodily Injury $250,000.00 $500,000.00 (2) Properly Damage $100,000.00 Workers' Compensation insurance as required by Chapter 85, Code of Iowa. Professional liability coverage minimum: $1,000,000.00. 3. Professional Coverage The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. C:\DOCUMENTS AND SE~-FINGS\BHARTHU\LOCAL SETFINGS\TEMPORARY INTERNET FILES\OLK2\CONTRACT ANNUAL SERVICES 04-06 ICSLF1.DOC Page 9 of 10 4. All provisions of he Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. 5. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE Cl FOR THE CONSULTANT Michael G. Daniel, CPA Title: Nayer Title: Vice President - CFO Date: November 10, 2003 Date: q-cz ~ ~"°~ O:\PROJ\723920J04\CONTRACT ANNUAL SERVICES 04-06 ICSLF.DOC Page 10 of 10 Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 03-347 RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS COLLECTION SYSTEM OPERATION AND MONITORING AT THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to operate and monitor the landfill gas collection system and prepare necessary quarterly, semi-annual, and annual air quality reports in accordance with state and federal regulations; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the Provision of Engineering Services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 10th dayof November ,20 03 MAYOR Approved by ClTY~LERK City Attorney's Office Resolution No. 03-347 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner × , Lehman X O'Donnell X Pfab X Vanderhoef × Wilbum CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 10th day of November' 2003 , by and between the City of iowa City, a municipal corporation, hereinafter referred to as the CITY and Howard R. Green Company , of Cedar Rapids, Iowa , hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City desires to secure the services of an engineering consulting firm to provide assistance in the implementation of the operation, monitoring and reportin9 for the landfill gas collection and control system, in order to remain in compliance with the requirements of the Iowa Department of Natural Resources (IDNR) Sanitary Disposal Project Permit. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. I. SCOPE OF SERVICES The CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. GAS GENERATION FLOW RATE DETERMINATION Calendar Year 2004 ONLY The CONSULTANT will perform the following services. Determine the maximum expected gas generation flow rate from the landfill, utilizing actual flow data from the system primary flow meter and in conjunction with the equations in Title 40, Code of Federal Regulations (40 CFR), Part 60.755(a)(1 )land ii. GAS GENERATION FLOW RATE DETERMINATION Calendar Years 2005 and 2006 - OPTIONAL The CONSULTANT will perform the following services. Determine the maximum expected gas generation flow rate from the landfill, utilizing actual flow data from the system primary flow meter and in conjunction with the equations in Title 40, Code of Federal Regulations (40 CFR), Part 60.755(a)(1 )land ii. O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04-06 ICSLF.DOC Page 1 of 11 GAS COLLECTION SYSTEM MONITORING Calendar Year 2004 ONLY The CONSULTANT will perform the following services. At each of the thirty-seven (37) gas collection system wellheads and three (3) trench wells, measure and record on a monthly basis the gauge pressure in the gas collection header, the methane, carbon dioxide and oxygen concentration in the landfill gas and the temperature of the landfill gas. Approved USEPA methods will be used to analyze gases at the wellheads. If any temperature measurement exceeds 55° C, if any gauge reading indicates a positive operating pressure or if any oxygen concentration measurement exceeds 5%, following any corrective action that may have been taken, the gauge pressure, temperature, and gas concentration measurements will be re-monitored within 15 days of the initial exceedence. GAS COLLECTION SYSTEM MONITORING Calendar Years 2005 AND 2006 - OPTIONAL The CONSULTANT will perform the following services. At each of the thidy-seven (37) gas collection system wellheads and three (3) trench wells, measure and record on a monthly basis the gauge pressure in the gas collection header, the methane, carbon dioxide and oxygen concentration in the landfill gas and the temperature of the landfill gas. Approved USEPA methods will be used to analyze gases at the wellheads. If any temperature measurement exceeds 55° C, if any gauge reading indicates a positive operating pressure or if any oxygen concentration measurement exceeds 5%, following any corrective action that may have been taken, the gauge pressure, temperature, and gas concentration measurements will be re-monitored within 15 days of the initial exceedence. LANDFILL SURFACE METHANE MONITORING Calendar Year 2004 ONLY The CONSULTANT will perform the following services. On a quarterly basis, monitor and record the surface concentrations of methane along the entire perimeter of the gas collection area, and along a pattern that traverses the collection area surface at thirty (30) meter intervals. Also, determine background methane concentration by monitoring upwind and downwind outside the landfill boundary at a distance of at least thirbJ (30) meters from the nearest perimeter gas collection wells. If any surface concentration measurement at ~ny location within the fill area is 500 parts per million (ppm) or more above background, the location will be re-monitored following any corrective action that may have been taken, and within 10 days of detecting the exceedence. If the re-monitoring at any location shows a second exceedence, the location will be re- monitored, again following any corrective action that may have been taken, and within 10 calendar days of the second exceedence. Any location that initially showed an exceedence but has a methane concentration less than 500 ppm above background at either of the 10-day re-monitoring events noted above will be again O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04-06 ICSLF.DOC Page 2 of 11 re-monitored one (1) month from the initial exceedence. All surface monitoring and re-monitoring will utilize USEPA Test Method 21. LANDFILL SURFACE METHANE MONITORING Calendar Years 2005 and 2006 - OPTIONAL The CONSULTANT will perform the following services. On a quarterly basis, monitor and record the surface concentrations of methane along the entire perimeter of the gas collection area, and along a pattern that traverses the collection area surface at thirty (30) meter intervals. Also, determine background methane concentration by monitoring upwind and downwind outside the landfill boundary at a distance of at least thirty (30) meters from the nearest perimeter gas collection wells. If any surface concentration measurement at any location within the fill area is 500 parts per million (ppm) or more above background, the location will be re-monitored following any corrective action that may have been taken, and within 10 days of detecting the exceedence. If the re-monitoring at any location shows a second exceedence, the location will be re- monitored, again following any corrective action that may have been taken, and within 10 calendar days of the second exceedence. Any location that initially showed an exceedence but has a methane concentration less than 500 ppm above background at either of the 1 O-day re-monitoring events noted above will be again re-monitored one (1) month from the initial exceedence. All surface monitoring and re-monitoring will utilize USEPA Test Method 21. GAS CONTROL SYSTEM MONITORING Calendar Year 2004 ONLY The CONSULTANT will perform the following services. Verify monthly the satisfactory operation of the flare temperature sensing device and primary gas flow meter and confirm the integrity of the seal on the meter bypass valve: Document any gas flow that has bypassed the control flare. The CITY will timely advise the CONSULTANT of any failure or abnormal operation of the gas control system. O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04-06 ICSLF.DOC Page 3 of 11 GAS CONTROL SYSTEM MONITORING Calendar Years 2005 and 2006 - OPTIONAL The CONSULTANT will perform the following services~ Verify monthly the satisfactory operation of the flare temperature sensing device and primary gas flow meter and confirm the integrity of the seal on the meter bypass valve. Document any gas flow that has bypassed the control flare. The CITY will timely advise the CONSULTANT of any failure or abnormal operation of the gas control system. GAS COLLECTION WELLHEAD CALIBRATION Calendar Year 2004 ONLY The CONSULTANT will perform the following services. On a monthly basis, following regular monthly wellhead monitoring and quarterly landfill surface methane monitoring, and in the event of any re-monitoring required due to initial monitoring exceedences, perform calibration and balancing adjustments to the affected well head valving system(s). These adjustments will be made to accomplish additional gas collection by increasing vacuum at the wellhead, or to maintain the nitrogen and oxygen concentrations in the landfill gas within accepted levels of compliance. Between monthly well head monitoring events, the CITY will timely advise CONSULTANT of any damage, or of any observed abnormalities of the well heads or gas collection system. GAS COLLECTION WELLHEAD CALIBRATION Calendar Years 2005 and 2006 - OPTIONAL The CONSULTANT will perform the following services: On a monthly basis, following regular monthly wellhead monitoring and quarterly landfill surface methane monitoring, and in the event of any re-monitoring required due to initial monitoring exceedences, perform calibration and balancing adjustments to the affected wellhead valving system(s). These adjustments will be made to accomplish additional gas collection by increasing vacuum at the wellhead, or to maintain the nitrogen and oxygen concentrations in the tandfill gas within accepted levels of compliance. Between monthly well head monitoring events, the CiTY will timely advise CONSULTANT of any damage, or of any observed abnormalities of the well heads or gas collection system. O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04-06 ICSLF,DOC Page 4 of 11 LANDFILL COVER INTEGRITY VERIFICATION Calendar Year 2004 ONLY The CONSULTANT will perform the following services. On a quaderly basis, and in conjunction with the quarterly landfill surface monitoring program, perform a visual inspection of the landfill surface. In addition, note and advise landfill staffof the location and nature of problem areas, including depressions, sink holes or cracks in the cover and the presence of dead or stressed cover vegetation. Areas showing damage from equipment will also be noted. The CITY will provide all services to maintain the landfill cover, and to make any corrections or repairs as required and identified by the CONSULTANT's visual observations. LANDFILL COVER INTEGRITY VERIFICATION Calendar Years 2005 and 2006 - OPTIONAL The CONSULTANT will perform the following services. On a quarterly basis, and in conjunction with the quarterly landfill surface monitoring program, perform a visual inspection of the landfill surface. In addition, note and advise landfill staffof the location and nature of problem areas, including depressions, sink holes or cracks in the cover and the presence of dead or stressed cover vegetation. Areas showing damage from equipment will also be noted. The CITY will provide all services to maintain the landfill cover, and to make any corrections or repairs as required and identified by the CONSULTANT's visual observations. GAS COLLECTION AND CONTROL SYSTEM STARTUP, SHUTDOWN AND MALFUNCTION PLAN The Consultant will perform the following services. Prepare a Startup, Shutdown and Malfunction (SSM) plan for the gas collection and control system in accordance with the requirements of 40 CFR Part 63.6 (e) (3) (i). The SSM plan will describe procedures for operating and maintaining the source during periods of startup, shutdown and malfunction, and define a program of corrective action for malfunctioning process and air pollution control and monitoring equipment used to comply with the relevant federal and state standards. The plan will address the City's obligation to: · Operate and maintain the source, including associated air pollution control and monitoring equipment to minimize emissions. · Correct malfunctions as soon as possible to minimize excess emissions of Hazardous Air Pollutants (HAPS). O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04~06 ICSLF.DOC Page 5 of 11 · Reduce the reporting burden associated with periodic startup, shutdown and malfunction, including corrective action to restore malfunctioning process and air pollution control equipment to its normal manner of operation. · Keep records or a "checklist" for each SSM event which demonstrate that the procedures specified in the plan were followed to ensure conformance with the plan for that event; including records of the occurrence and duration of each startup, shutdown or malfunction of operation and each malfunction of the air pollution control and monitoring equipment. · File periodic (semi-annual) and immediate reports with IDNR for each SSM event that occurs within a reporting period. GAS COLLECTION AND CONTROL SYSTEM REPORTING Calendar Years 2004, 2005 and 2006 The CONSULTANT will perform the following services. Title 40 Code of Federal Regulations (CFR) Parts 60.757 (f) (1) through (6) and 63.1980 require the submittal of semi-annual operations reports to the Air Quality Bureau of IDNR. These reports are to be submitted for the previous six-month operating periods of July 1st through December 31 ~t and January 1st through June 30TM, respectively. The CONSULTANT will prepare and submit the semi-annual monitoring reports in 2004, 2005 and 2006, illustrating: · A summary of gas collection well head monitoring results and the value and length of time of all exceedences of the parameters applicable to gas collection well head monitoring. · A record of monthly operation verification of the flare temperature sensing device and confirmation of the primary flow meter, along with a summary of daily flow meter readings. The CITY will maintain records of daily flow meter readings for use by the CONSULTANT for reporting purposes. · A description and duration of all periods when the gas stream is directed from the control device through a bypass line. · A description and duration of all periods when the control device was not operating for a period exceeding one (1) hour, and the actual length of time the device was not operating. · A listing of all periods of time when the gas collection system was not operating in excess of 5 days. · A listing of all surface locations at which there were exceedences of the 500 ppm limit where re-monitoring (second and/or third monitoring)was conducted, and the concentration value obtained from each monitoring and re-monitoring effort. O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04-06 ICSLF.DOC Page 6 of 11 · The location of each surface point at which the methane concentration measurement exceeded 500 ppm, including the concentration of methane at each location for which an exceedence was recorded in the previous month. · A description of the specific corrective action taken in an effort to eliminate any gas collection well head measurement exoeedences. · A description of the corrective action taken in an effort to eliminate any surface monitoring point measurement exceedenoes. · The date and description of any damages sustained and repairs made to the gas collection and control system, or of any system components that are replaced. · The date of installation and the location of each gas collection well or collection system expansion added, including installation, relocation or addition of trench wells. Assist the City staff in preparing and submitting the periodic and immediate reports following startup, shutdown and malfunction events of the gas collection and air pollution control systems. This assistance shall be limited to CONSULTANT'S making available all system operating information as obtained by CONSULTANT, and to CONSULTANT'S review of the staff-prepared final periodic or immediate reports for general compliance with applicable regulations. All deliverables to the City will consist of three hard copies and one electronic copy. II. TIME OF COMPLETION The Consultant shall complete the Tasks in accordance with the schedule shown. Gas Generation Flow Rate Determination March 31 and Sept. 30, 2004 Gas Collection System Monitoring Monthly for 2004 Landfill Surface Methane Monitoring Quarterly for 2004 Gas Control System Monitoring Monthly for 2004 Gas Control System Monitoring Monthly for 2004 Gas Collection Wellhead Calibration Monthly for 2004 Gas Collection Wellhead Calibration Monthly for 2004 Gas Collection & Control System Startup, December 31, 2003 Shutdown and Malfunction Plan Semi-annual Operating Reports March 31 and Sept. 30, 2004 Gas Generation Flow Rate Determination March 31 and Sept. 30, 2005 (Optional) Gas Generation Flow Rate Determination March 31 and Sept. 30, 2006 (Optional) Gas Collection System Monitoring Monthly for 2005 and 2006 (Optional) Landfill Surface Methane Monitoring Quarterly for 2005 and 2006 (Optional) Gas Control System Monitoring Monthly for 2005 and 2006 (Optional) Gas Collection Wellhead Calibration Monthly for 2005 and 2006 (Optional) Landfill Cover Integrity Verification Quarterly for 2004 Landfill Cover Integrity Verification Quarterly for 2005 and 2006 (Optional) Semi-annual Operating Reports March 31, and Sept 30, 2005 (Optional) Semi-annual Operating Reports March 31, and Sept 30, 2006 (Optional) SSM Reporting Assistance Each event/semi-annual as required O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04-06 ICSLF.DOC Page 7 of 11 Ill. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the lump sum amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04-06 ICSLF.DOC Page 8 of 11 K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultants own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES 2004 SERVICES Gas Collection Flow Rate Determinations (6 events) $ 500 Gas Collection System Monitoring (12 events) $ 17,300 Landfill Surface Methane Monitoring (4 events) $ 17,000 Gas Control System Monitoring (12 events) $ 1,000 Gas Collection Wellhead Calibration (12 events) $ 5,000 Landfill Cover Integrity Verification (4 events, 2004) $ 500 Gas Collection and Control System Startup, Shutdown $ 2,000 And Malfunction Plan Semi-annual Gas Collection and Control System Operating $ 11,500 Reporting (2 events) Assistance for SSM Periodic and Immediate Reporting $ No Charge Total Compensation-Basic services $ 54,800 2005-2006 SERVICES Gas Collection Flow Rate Determinations (4 events; 2005-2006) $ 1,000 Gas Collection System Monitoring (24 events, 2005/2006) $ 36,400 Landfill Surface Methane Monitoring (8 events, 2005/2006) $ 35,000 Gas Control System Monitoring (24 events, 2005/2006) $ 2,000 Gas Collection Wellhead Calibration (24 events, 2005/2006) $ 11,000 Landfill Cover Integrity Verification (8 events, 2005/2006) $ 1,000 Semi-annual Gas Collection and Control System Operating $ 24,500 Reporting (4 events, 2005/2006) Total Compensation-Optional Services $110,900 V, MISCELLANEOUS O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04-06 ICSLF.DOC Page 9 of 11 A. Insurance Requirements 1. Certificate of Insurance, Cancellation or Modification a. Before commencing work, the Consultant shall submit to the City, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. b. The Consultant shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. c. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and/or to halt work on the Project, and to withhold payment for any work performed on the contract. 2. Minimum Coverage a. Any policies of insurance purchased by the Consultant to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: Comprehensive General Liability Each Occurrence _Aqqreqate (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 Workers' Compensation insurance as required by Chapter 85, Code of Iowa. Professional liability coverage minimum: $1,000,000.00. 3. Professional Coverage The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04~06 ICSLF.DOC Page 10 of 11 4. All provisions of he Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. 5. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY FOR THE CONSULTANT Michael G. Daniel, CPA Title: Mayor Title: Vice President- CFO Date: November 10. 2005 Date: ATTEST: O:\PROJ\724590J04~ADMIN\CONTRACT ANNUAL SERVICES 04-06 ICSLF.DOC Page 11 of 11 Prepared by: Kim Johnson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. RESOLUTION ESTABLISHING AN ADMINISTRATIVE FEE FOR PROVIDING SIDEWALK REPAIR BY CONTRACT. WHEREAS, the Engineering Division inspects and marks sidewalks in need of repair in connection with its Sidewalk Inspection Program and on a complaint basis; and WHEREAS, property owners are notified of the need to repair their sidewalk and given an adequate amount of time to accomplish repairs; and WHEREAS, the Engineering Division periodically hires a contractor to repair sidewalk which has not been repaired by the property owner within the time allotted; and WHEREAS, a fee is necessary to offset the administrative costs of providing sidewalk repair by contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following fees are hereby established effective January 1, 2004: The charge for administration fee for providing sidewalk repair by contract shall be 10% of the cost of repairs. Passed and approved this day of ,20__ MAYOR CiTY CLERK '(~i{y A~to~ey's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum Prepared by: A. Mai~hews, Asst. CiW Attorney, 410 E. Washington St., Iowa ciiy, IA 52240 (319) 356-5030 RESOLUTION NO. 03-348 RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION. WHEREAS, Lloyd Hoskinson and Darlene Hoskinson filed a lawsuit against the City of Iowa City for injuries and damages sustained on February 20, 1997 when Lloyd Hoskinson slipped and fell on a walkway in lower City Park; and WHEREAS, all parties in this matter have settled their differences, and wish to resolve the pending litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to the estate of Lloyd Hoskinson and to Darlene Hoskinson in the amount of $125,000 in full satisfaction of any and all claims they may have against the City of Iowa City in this matter, and in consideration of the Hoskinson's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above named litigation should and is hereby settled, and said settlement previously discussed in executive session, is hereby ratified, for the total sum of $125,000, payable to the estate of Lloyd Hoskinson and Darlene Hoskinson and their attorney of record, in full satisfaction of any and all claims. 2. The City Council for the City of Iowa City hereby approves such settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon the estate of Lloyd Hoskinson's and Darlene Hoskinson's execution of an appropriate release. Passed and approved this 10th day of November 2003. MAYOR ATTEST: '-~']?,ex~,-) ;,~'. ~./ CITY CLERK Approved by: City Attorney's Office andy/litigation/hoskinson/resolution Resolution No. 03-348 Page 2 It was moved by 0' Donne] ] and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X . Pfab X Vanderhoef X Wilbum