HomeMy WebLinkAbout1996-06-04 Resolution Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 1319) 356-6041
RESOLUTION NO. 96-150
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of cigarettes, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk be and he/she is hereby directed to issue a permit to the following
named persons and firms to sell cigarettes:
Gasby's Downtown - 114 E. Washington Street
Passed and approved this 4th day of June
, 1996.
MAYOR
Approved by
It was moved by Norton and seconded by V~n~rhoef
be adopted, and upon roll call there were:
the Resolution
AYES: NAYS: ABSENT:
X
X
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040
RESOLUTION NO. 96-151
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST THE EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC
RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND OUT TO LUNCH,
INC. D/B/A AS BLIMPIE AND UNCOMMON GROUNDS FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Out To Lunch, Inc. d/b/a Blimpie and Uncommon Grounds applied for temporary
use of the public right-of-way at 118 S. Dubuque Street for a sidewalk cafe thereon; and
WHEREAS, the City staff has reviewed the application, location, and specifications for the
proposed sidewalk cafe and found these to be in compliance with the regulations adopted by
Ordinance 95-3676; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the
public right-of-way, as enumerated in the Easement Agreement for Temporary Use of Public
Right-of-Way (hereinafter "easement agreement") attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said easement agreement, and direct copies of this resolution together with the
application and signed easement agreement to the applicant.
The City Clerk is hereby directed to record this Resolution and easement agreement
with the Johnson County Recorder at City expense.
Passed and approved this 4th day of ~lune
,1996.
ATTEST: ~
CITY-CLERK
City Attorney's Office
I '10
Resolution No. 96-151
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
_ ~ __ Baker
){ __ I(ubby
X Lehman
X Norton
X Novick
--X'-- -- Thornberry
X __ Vanderhoef
EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CiTY OF IOWA CITY AND ~)~F -T~ I.~r~c/~ ~r~c
FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT II ~' S. .~ .k,~..~ .~-V..
IOWA CITY, IOWA
This Agreement is made between ~0 ~ ~o,_~ o ~ K,A,.~--~' (landowner), and
~)~g L~C~ ~C (tenant). (c~lecti~ely referred to as
"Applicant") and the City of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, the City of Iowa City is the owner, custodian and trustee of the public right of
way within the City of Iowa City; and
WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk
cafe; and
WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found
same to be in substantial compliance with City regulations; and
WHEREAS, said application has also been examined by the Design Review Committee, which
recommended approval of the proposed sidewalk cafe, as submitted and/or as amended; and
WHEREAS, such temporary use of the public right-of-way is not adverse to the public use
thereof; and
WHEREAS, so long as said proposed use is consistent with the conditions
Agreement, said use is in the public interest.
sat for~ in this
2
NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree
as follows:
certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the
following street address:
Applicant/tenant ~'~O~'"'~c~ L~C.~,~ ~r..., occupies said
real estate abutting the public right-of-way located at said street address, and wishes
to use a portion of said right-of-way for location and operation of a sidewalk cafe, as
permitted by City regulations.
City staff and the Design Review Committee have reviewed Applicant's proposed use
of a portion of the right-of-way as set out in the Application and Schematic Diagram,
attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's
proposed use to be compatible with the public's use thereof and that said use will not
adversely affect the City's interests.
Based on this review, the City now finds Applicant's proposed use of public right-of-
way to be in the public interest, and that it is appropriate to permit Applicant's
3
temporary use of the public right-of-way as a sidewalk cafe in accordance with this
Agreement, including Exhibit A, and also in conformance with all applicable local
regulations concerning sidewalk cafes,
City and Applicant agree this Agreement shall be binding upon the successors and
assigns of the Parties hereto, provided that no assignment shall be made without the
written consent of both Parties to be attached hereto as a formal written Addendum.
Applicant acknowledges and agrees that this agreement is limited exclusively to the
location, use and purposes listed herein for a sidewalk cafe, that any other uses,
locations and purposes are not contemplated herein, and that any expansion of said
uses, purposes or locations must be specifically agreed to in writing by the City of
Iowa City.
o
Applicant further acknowledges and agrees that no property right is conferred by this
agreement for the use of portions of the public right-of-way, that the City is not
empowered to grant permanent or perpetual use of its right-of-way for private
purposes, that the City may order said locations and/or uses within the right-of-way
to cease and desist if, for any reason, the City determines that said right-of-way is
needed for a public use and should be cleared of any and all obstructions, as provided
by § 364.12, Code of Iowa (1993), and that the Applicant shall not be entitled to any
compensation should the City elect to do so.
Applicant also agrees to indemnify, defend and hold harmless the City, its officers,
agents and employees from and against any and all claims, losses, liabilities or
4
damages, of whatever nature, including payment of reasonable attorney fees, which
may arise from the Applicant's use of the public right-of-way arising from this
agreement, or which may be caused in whole or in part by any act or omission of the
Applicant including their agents or employees. Applicant further agrees to provide the
City with a certificate of insurance coverage of the sidewalk cafe required by the City's
schedule of Class II insurance coverage.
Applicant further agrees to abide by all applicable federal, state, and local laws, and
to maintain said sidewalk cafe in accordance with the approved Schematic Diagram
contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the
conditions herein, especially regarding storage location of outdoor furnishings and
equipment when the sidewalk cafe is not operating.
10.
In the event of a breach of this agreement, the City may, at its sole discretion, elect
to give written notice to Applicant to remove all equipment, furniture and/or other
objects from the City's right-of-way, as provided in §364.1 2, Code of Iowa (1993).
In the event Applicant does not comply within the time period designated in the
written notice, the City may elect to remove, or direct removal of, any obstructions
from the right-of-way and charge the cost of such removal to Applicant for collection
in the manner of a property tax, as permitted by state and local law.
11.
In consideration for the City's concerns for public safety on the public right-of-
way, Applicant specifically acknowledges said safety concerns and agrees to
refrain from any and all special sales on alcoholic beverages in the sidewalk
care area (e..,~ no "2 for 1" or "happy hour" specials), Applicant also agrees to
5
be responsible for proper education of Applicant's employees to comply with
this provision.
12.
Applicant further agrees that there will be no increase in vehicular traffic on the
City Plaze of abutting right-of-way as a result of set-up or removal of the
sidewalk care furnishings or equipment and as noted in Exhibit A.
13.
Dated this
Should any section of this agreement be found invalid, it is agreed that the
remaining portions shall continue in full force and effect as though severable
from the invalid portiota
~'~ day of --~q~_~ , 199 6
CITY OF IOWA CITY, IOWA
NaonH J ~bvi6k,. Mayor
Marin K. Karr, City Clerk
Applj~\Ten~ /~
Applicant/Landowner
Applicant Applicant
(~ty A~'~.~ey's Office
6
APPLICANT/OWNER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this (~.~" day of ~p,.,' ~' ,1996, before me, the undersigned, a Notary
Public in and for the State 6f Iowa, personally appeared .~ (3~v~ ,
to me personally known, and acknowledged the execution of the foregoing instrument to be
his/her voluntary act and deed and by him/her voluntarily executed.
Notary Public in and for the State of Iowa
APPLICANT/TENANT'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ Z '- day of (~/f,,;I , A.D. 19 ~c., before me, the undersigned, a
Notary P~"~i~' in and for th~ State of Iowa, personally appeared L~.~,.~
and ~ ~.. to me personally known, who, being by me duly sworn,
did say that they are the ~O~.~,a,.~/-- and ~ ~ respectively, of
said corporation executing the within and foregoing instrument to which this is attached, that
(no seal has been procured by the said) corporation; that said instrument was signed (and
sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority
of its Board of Directors; and that the said P~,~.~-~' and
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
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this z-/.'/~ day of
, 1996 before me, ~R~mrAr'¢..<_.
, a Notary Public in and for the State of Iowa, personally
and Marian K. Karr, to me personally known, and, who, being
appeared Naomi J. Novick
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 Council, as contained in Resolution No. ~'$"~51 passed by the
7
City Council on the .7~ day of J~..~ , 199 6, and that Naomi J.
Novick and Marian K, Karr acknowledged the execution of the Instrument to be their
voluntary act and dead and tha voluntary act and deed of the corporation, by it voluntarily
executed.
Notary Public in and for the State of Iowa
. ,PPLICATION FOR SIDEWALK CAFE
(Title 10, Chapter 3)
The undersigned hereby applies for a Sidewalk Cafe:
1. Name of Applicant: Lr~.~'~"~ L,,,.? ,&.~_iv, k, "-~_v~.c,_,
Fee:
Bus. Phone:
Size of Sidewalk Cafe: tic sq. ft. X $5.00 sq. ft. = $ 5z5o. ~
REQUIREMENTS FOR SIDEWALK CAFE:
B. To Be Completed By Applicant:
(1)
(2)
(3)
Attach a diagram (no larger than 8½ x 14) cleady showing sidewalk cafe area; seating; and a
picture or illustration of amenities and method of delineation (including detectable area for
individuals who are visually impaired):
Attach Certificate of Insurance acknowledging insurance coverage specifically including an
endorsement for use of public right-of-way as a sidewalk cafe in the amounts shown below.
Type Per Person Per Accident
a. Comprehensive General Liability
(1) Bodily Injury $500,000 $100,000
(2) Property Damage $250,000
b. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa.
Attach a list stating the names and addresses of owners and tenants of three properties on each
sale of the establishment.
For estab![shments,with cuttoni beer or l~u~ I!_Ce~ns~s.on!y: (1) ::,!::;.?: ~-..State.,appl!ca~ on
(2)~.i~ ~:~,. E,qd~o~em..en~ 'fr~; your i~'. ,c.e: c0'mpa. n~ ~a'Cl~tedging ~e~ side~?a!k.:~: cafe~ ~_c4.,¥ered, i by
The persoh($).:ma~ing this applicatb~ .hereby a_' gme~s:t:~:q/~oFJ'~:~ al~ .~,,'m.'..es;~a~d O '~ :.n~..~: .~[ p~_v,'~io~ 'ofCtiaPter
t23. C0de~.~f lewa;:.~hdalt !a~:.bf m'f~ S~ a~'d1~,'~ '~;~ :~ :'~.~[~ ;~y:.;the~!owa
Each application must be reviewed by the Design Review Commi~ee. Regul sign Review meetings are
scheduled for the third Monday of each month. ~
A minimum of ten (~ ~a~l~uired for nofiflcaUon to prope~ ownera and ~nan~, and
review (excluding Design E~vlew schedule).
~.~ Over
Prepared by: Liz Osborne, Program Asst., 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 96-152
RESOLUTION AUTHORIZING THE MAYOR TO-EXECTJTE AND THE CITY CLERK
TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND HILLS BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT
1202 MARCY STREET, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a certain Promissory Note and
Mortgage executed by the owner of 1202 Marcy Street on July 10, 1992, and recorded in
Book 1403, Pages 162 thru 166 in the Johnson County Recorder's Office covering the
following described real estate:
Lot I in Block 1 in Sunnyside Addition to Iowa City, Iowa, according to the recorded
plat thereof.
WHEREAS, the City's lien, which was for a downpayment assistance loan, totals $2,000;
and
WHEREAS, on October 16, 1995, Hills Bank and Trust Company, Hills, Iowa loaned said
owner $46,000 and the owner executed a promissory note, which was secured by a
mortgage covedng the real estate described above; and
WHEREAS, Hills Bank and Trust Company was induced to make said loan in anticipation
that the Downpayment Assistance Loan held by the City would be subordinated to the lien
of the proposed first mortgage; and
WHEREAS, Hills Bank and Trust Company has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinate to the lien of
said mortgage to Hills Bank and Trust Company; and
WHEREAS, there is sufficient value in the above described real estate to secure said lien
as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the
attached subordination agreement between the City of Iowa City and Hills Bank and Trust
Company, Hills, Iowa.
Passed and approved this 4[h day of
June , 1996.
CIT?'-GLERK
MAYOR
Ap,131~oved by~,,~_
City Attorney's Office
Resolution No, 96-152
Page 2
~ t
It was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X Baker
X Kubby
X Lehman
X Norton
--X Novick
--X. Thornberry
X Vanderhoef
Vanderhoef the Resolution be
ABSENT:
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
Hills Bank and Trust Cc~pany of Hills, Iowa
heroin the Financial Institution. '
downpayment assistance
WHEREAS, the City is the owner and holder of a certain r~ha~}lE-~tk~+ loan which at this time is
in the amount of $ 2,000.00 and was executed by Carol L Ho~,a~
(herein the Owner), dated July '~0 , 19 92 ~ recorded
July 14 , 19 92 , in Book 1403 , Page 162 ~ Johnson County
Recorder's Office, covering the foilowing-described real property:
Lot 1 in Block 1 of Sunnyside Addition to Iowa City,
recorded plat thereof.
Iowa, according to the
WHEREAS, the Financial Institution proposes to loan the sum of $ 46,000.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering the real property described ~hove; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be
mede by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto.
the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted rehabilitation loan 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.
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.
Senior Mertgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien supedor to the rehabilitation loan of the City.
SUBORDINATION AGREEMENT
Page 2
Blndlng Effect, This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successore, and assigns of the parties hereto.
Dated this 16th day of May ,19 96
By
CITY OF IOWA CITY
Attest:
Mayor
FINANCIAL INSTITUTION
Brad Langg~th V~e Preszdent
Hills Bank and Trust Company
CiTY'S ACKNOWLEDGEMENT_
STATE OF IOWA )
) $S:
JOHNSON COUNTY )
On this .,./.A_ day of '.],.~,t ~.-
,199~', before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared A3o. o,.,.,; .~. /~c~u;¢/< and
Marian K, Karl 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 Council, as contained in
(Or-di,".c,",ce) (Resolution) No. ~'6-/5~ passed (the Resolution adopted) by the {3ity Council,
under Roll Call No. .------_~--~ of the City Council on the '~ '"'-' day of
J~<-,..~.. ,19 ?~. ,andthat /'J,=,-~,.,:, -J. ~,~;cE andMadanK.
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.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 16th day of Mmy
und.ersigned, a Notary Public
Tnn D Finer and
in
· A.D. 19 96 , before me, the
and for the State of Iowa, personally appeared
Brad Langguth , to me personally known, who
SUBORDINATION AGREEMENT
Page 3
bel,ng by m.e duly sworn, did say that they are the --VJ. ce-,i~es~e~t and
V~ce President
, respectively, of said corporation executing the within and foregoing
instrument to which this Is attached, that sald Instrument was signed and. sealed on behalf of
said corporation by authority of its Board of Directors; and that the said
T~a D F:L~e.~ and Bract [~.,m.t~ 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,
nYng~s~13~dnm.agm
Prepared by: Liz Osborne, Program Asst.. 410 E. Washington St., Iowa City. IA 52240 (319)356-5246
RESOLUTION NO. 96-153
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO A'FFEST THE RELEASE OF A LIEN REGARDING A TEN YEAR NO
INTEREST DECLINING BALANCE RENTAL REHABILITATION LIEN FOR THE
PROPERTY LOCATED AT 918 E. BLOOMINGTON STREET, IOWA CITY, IOWA
WHEREAS, on November 26, 1985 the property owner of 918 E. Bloomington Street
executed a ten year no-interest declining balance Rental Rehabilitation Lien in the amount
of $5,000 through the Housing Rehabilitation Program;
WHEREAS, this document created a lien against the property; and
WHEREAS, the terms of the note were satisfied on May 26, 1996.
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 918
E. Bloomington Street, Iowa City, Iowa, from an obligation of the property owner to pay to
the City the $5,000 as represented by a Rental Rehabilitation Lien that was recorded in
Book 830 Pages 109 thru 111 of the Johnson County Recorder's Office.
Passed and approved this 4th day of June
,1996.
A"FI"EST: Cl~ '~,
A oved
City Attorney's Office
MAYOR
Resolution No. 96-153
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
_JL___ Baker
X Kubby
X Lehman
X Norton
X Novick
--L_. 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 918 E. Bloomington Street, Iowa
City, Iowa, and legally described as follows:
Commencing at a point 160 feet East of the Southwest Corner of Out Lot 7 in Iowa
City, Iowa, according to the recored plat thereof; thence North 150 feet; thence East
40 feet; thence South 150 feet; thence West 40 feet to the place of beginning.
from an obligation of the property owner, Jeffrey Scott Sales, to the City of Iowa City in the
principal amount of $5,000 represented by a ten year no interest declinging balance Rental
Rehabilitation Lien recorded on February 28, 1986, in Book 830, Pages 109 thru 111 in the
Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released, in full from any liens
or clouds upon title to the above property by reason of said prior recorded documents.
MAYOR V
CITY CLERK
Appr, e~d by ~
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 'f ~ day of -/~m.¢ , A.D. 19_ R/:=, , 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..c~&, 1.5;~, adopted by the City
Council on the -~ ~ day .~- , 19 qf,~ 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.
Notary Public in and for Johnson County, Iowa
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO. 96-154
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC
IMPROVEMENTS FOR WINDSOR RIDGE, PART 6,
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 improvements for Windsor Ridge, Part 6, as constructed by Maxwell
Construction, Inc. of Iowa City, Iowa.
WHEREAS, a maintenance bond has been filed in the City Clerk's office; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that
dedications and public improvements are hereby formally accepted.
Passed and approved this 4th day of June , 1996.
ATTEST: ,/~~ ~. ~'"~')
CITY-CLERK
Ap/~ved by
City Attorney's Office
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Vanderhoef
the Resolution be
AYES: NAYS: ABSENT:
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ENGINEER'S REPORT
CITY OF I0 WA CITY
May 31, 1996
Honorable Mayor and City Council
Iowa City, Iowa
RE: Windsor Ridge- Part Six
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer public improvements for
Windsor Ridge- Part Six have been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of Iowa City. The required
maintenance bond is on file in the City Clerk's Office for the sanitary sewer
improvements constructed by Maxwell Construction, Inc., of Iowa City, Iowa.
! recommend that the above-referenced improvements be accepted by the City of Iowa
City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 £AS'f WASHINGYON S?REE't · IO'SA CITY. IOWA S2240-1826 · (319} }56.~000 · FAX (~19I 356-$009
RESOLUTION NO. 96-155
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE PARTIAL RELEASE OF A SANITARY SEWER, STORM SEWER, AND
DRAINAGE EASEMENT LOCATED ON LOTS '168A &'!68B IN COURT HILL-SCOTT
BOULEVARD ADDITION PART IX, AND TO APPROVE AND EXECUTE AN
ANCILLARY SANITARY SEWER, STORM SEWER, DRAINAGE AND UTILITY
EASEMENT AGREEMENT FOR THE SAME PROPERTY
WHEREAS, the City currently possesses a Sanitary Sewer, Storm Sewer, Drainage and Utility
Easement on Lots 168A & 168B, Court Hill-Scott Boulevard Addition Part IX, Iowa City, Iowa;
and
WHEREAS, subsequent to the approval of the final plat for Court Hill-Scott Boulevard Addition
Part IX and during construction, several pdvate improvements serving the building on Lots
168A & 168B, Court Hill-Scott Boulevard Addition, Part IX, were found to encroach within the
existing easement area; and
WHEREAS, Public Works has recommended the partial release of the existing sanitary sewer,
storm sewer and drainage easement, and has recommended the execution of an ancillary
sanitary sewer, storm sewer, drainage and utility easement to conform to the actual
construction and indemnify the City in the event maintenance of the sanitary sewer results in
damage to the encroaching improvements; and
WHEREAS, As the City does not have the ability to affect those dghts granted to the utilities
via the original Utility Easement Agreement, any such partial release by the City will not affect
those dghts; and
WHEREAS, the owners have agreed to enter into an Ancillary Sanitary Sewer, Storm Sewer,
Drainage and Utility Easement .Agreement, which is attached hereto and incorporated by
reference herein; and
WHEREAS, it is in the public interest to partially release the existing Sanitary Sewer, Storm
Sewer, Drainage and Utility Easement to conform to the actual construction of improvements
and to execute the Ancillary Sanitary Sewer, Storm Sewer, Drainage and Utility Easement
Agreement for the subject property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council finds it is in the public interest to partially release the existing Sanitary
Sewer, Storm Sewer, Drainage and Utility Easement to conform to the actual
construction of improvements on Lots 168A & 168B, Court Hill-Scott Boulevard Addition,
Part IX. and to execute the Ancillary Sanitary Sewer, Storm Sewer, Drainage and Utility
Easement Agreement for the subject property, which is hereby approved as to form and
content.
Resolution No.
Page 2
96-155
The City of Iowa City does hereby partially release and relinquish its rights in the
Sanitary Sewer, Storm Sewer, Drainage and Utility Easement described in Exhibit "A"
attached hereto and incorporated by reference herein, said partial release to be in
accord with the terms and conditions set out in the partial release attached hereto.
Further, the mayor is hereby authorized to sign, and the City Clerk to attest, the partial
release of said easement.
The City Clerk is hereby authorized and directed to certify a copy of this Resolution for
recordation in the Johnson County Recorder's Office together with the attached Exhibit
"A", the attached release, and the attached Ancillary Sanitary Sewer, Storm Sewer,
Drainage and Utility Easement Agreement, said recording costs to be paid by the
ownere of said property.
It was moved by Norton and seconded by
be adopted, and upon roll call there were:
Vanderhoef
the Resolution
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Passed and approved this 4th day of
June , 1996.
ATTEST:
CITY CLERK
Prepared by Sarah E Holecek. Asst. C~ty Attorney. 410 E. Washington St.. Iowa City. IA 52240 (319) 356-5030
SANITARY SEWER, STORM SEWER,
DRAINAGE, AND UTILITY EASEMENT AGREEMENT
FOR
LOT 168 A & 168 B, COURT HILL-SCOTT BOULEVARD ADDITION PART IX
THIS AGREEMENT made and entered into by and between Donald J. ConIon and
Patdcia C. Conion, husband and wife, and Steve Hammerstrom and Joy Hammerstrom,
husband and wife, hereinafter referred to as Owners, which expression shall include their
successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as
City, which expression shall include its successors in interest and assigns.
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of One Dollar, the release of a portion of the existing sanitary sewer, storm
sewer, drainage and utility easement, and other valuable consideration, receipt of which is
hereby acknowledged, the Owners hereby grant and convey to the City, an easement for the
purposes of excavating for and the installation, replacement, maintenance and use of such
separate sanitary sewer, storm sewer, drainage and utility lines, pipes, mains and conduit as
the City shall from time to time elect for conveying sewage, storm water, and public utilities and
all necessary appliances and fittings for use in connection with said lines, together with
adequate protection thereof and also a right-of-way with fight of ingress and egress thereto,
including sanitary sewer easements, storm sewer easements, drainageway easements, and
utility easements hereafter collectively referred to as "Easements Areas", all as shown on the
attached Plat of Lot 168, Court Hill-Scoff Boulevard Addition Part IX of Iowa City, Johnson
County, Iowa, which plat is attached hereto and by this reference made a part hereof.
The Owners further grant to the City the following rights in connection with the above:
1. The right of grading said easement areas for the full width thereof, and the fight to
extend the cuts and fills for such grading into and on said land along and outside of said
easements areas, to such extent as the City may find reasonably necessary.
2. The dght from time to time to tdm and cut down and clear away all trees and brush
on said easements, and trim and cut down and clear any trees on either side of a stdp which
now or hereafter in the opinion of the City may be a hazard to said lines, or may interfere with
the exercise of the City's rights hereunder in any manner.
3. Further, ~ each Ow,~e/shall provide, install and maintain protection measures
during any excavation activities,,~ccurring within ten (10) feet of the east edge of the retained
easement area. The City shall promptly backfill any trench made by it, and repair any damages
caused by the City within the easement area. The City shall indemnify Owners against
unreasonable loss or damage which may occur in the negligent exercise of the easement dghts
by the City. Except as expressly provided herein, the City shall have no responsibility for
maintaining the easement area.
2
The Owners reserve a right to use said easement area for purposes which will not
interfere with the City's full enjoyment of its dghts hereby granted; provided that the Owners
shall not erect or construct any building, fence or other structures; plant any trees, ddll or
operate any well; or construct any reservoirs or other obstructions on said area; or diminish or
substantially add to the ground cover over said lines.
The Owners hereby covenant with the City that it is lawfully seized and possessed of
the real estate above described, and that it has good and lawful right to convey it or any part
thereof.
The provisions hereof shall inure to the benefit of and bind the successors and assigns
of the respective parties hereto, and all covenants shall be deemed to apply to and run with the
land and with the title to the land.
SIGNED this
day of
Patricia C. ConIon, Owner, Lot 168A
tev~e H~'~mersllo~ i'_c'~t 168B
merstrom, Owner, Lot 168B
CiTY OF IOWA CITY, IOWA
Na{)mi J. ~l~vick, Mayor
Marian K. Karr, City Clerk
3
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
Onthis ¢D~ day of~.~,[~~,19 .~6 , before me, the
undersigned, a Notary Public in and for said C6anty, in said State, personally appeared Donald
J. ConIon and Patricia C. Conion, husband and wife, to me personally known, who being by
me duly sworn, did say that they are the individuals named in the foregoing instrument, and that
.,..BRAD I~NE-
said inst~ment was signed and acknowledged as their volunta~ act a
No~ Public~n~ ~or the
State of Iowa
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this ~J ~ day of %ouO~y , 19 q(~ , before me, the
undersigned, a Notaw Public in and for said , in said State, personally appeared Steve
Hammerstrom and Joy Hammerstrom, husband and wife, to me personally known, who being
by me duly sworn, did say that they are the individuals named in the foregoing instrument, and
that said instrument was signed and acknowledged as their voluntary act and deed.
.g .~. c~ ~ j Nota~ Public~ and for the
State of Iowa .¢' ' '. ~N~N~ A. roVE
.?-¢.~ ¢
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this '~ ~
day of ,.~,x,'. 19 ~&, , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick
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 said municipal corporation executing the
within and foregoing instrument; that the seal affixed thereto is the seal of said municipal
corporation; that said instrument was signed and sealed on behalf of said municipal
corporation; and that the said Naomi J. Novick and Madan K. Karr acknowledged the execution
of said instrument to be the voluntary act and deed of said municipal corporation by it and them
voluntarily executed.
i
Notary Public in and for the
State of Iowa
PARTIAL RELEASE OF SANITARY SEWER, STORM SEWER,
DRAINAGE AND UTILITY EASEMENT
The City of Iowa City, Iowa, does hereby partially release the property legally described as
"Legal Description for Easement Released" as designated on the Plat attached hereto as
Exhibit "A" and incorporated by this reference, from a lien or cloud upon the title placed thereon
by those easements granted to the City. These easements are originally shown on the Final
Plat of Court Hill~Scott Boulevard Addition, Part IX, Iowa City, Iowa, as recorded in Plat Book
31, at page 47, and which easement agreements are recorded in Book 1117, Page 14, et seq.
of the records of the Johnson County Recorder's Office. This is a partial release in that this
waiver of a lien or cloud upon the title to Lots 168 A & 168 B shall not serve to affect those
rights granted to other utilities by virtue of the original easement. Further, the City of Iowa City
states that this release is for title clarification purposes resulting from the encroachment of
pdvate improvements into the easement area, and the City specifically preserves to it any
defenses associated therewith should settling or any change in grade result in damage to said
improvements. Said easement as specifically designated and described in Exhibit "A" is hereby
partially released in accord with the terms herein.
The City retains all other easements shown on said final plat not released by this document,
specifically including, but not limited to, drainageway, stormwater management, and utility
easements of record.
CITY OF IOWA CITY, IOWA
Naomi(J. Nov~,~, iv]ayor
Madan K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~'/'~day of June, 1996 before me, the undersigned, a Notary Public in nd for
said County, in said State, personally appeared Naomi J. Novick and Madan K. Karr, to me
personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk,
respectively of said municipal corporation executing the foregoing instrument; that the seal
affixed thereto is the seal of said municipal corporation; that said instrument was signed and
sealed on behalf of said municipal corporation by authority of City council of said municipal
corporation; and that the Naomi J. Novick and Madan K. Karr acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation and by them
voluntarily executed.
Notary Public in and for the State of Iowa
I HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR
REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION, AND THAT I AM A DULY REGISTERED
LAND SURVEYOR UNDER THE LAWS OF THE STATE Of
~ :]~ IOWA.
Glen D. Melsner ,[~.S. &: P.E. Feg. 1'1o. 8'65 DATE
MY REGISTRATION EXPIRES, DECEMBER 31, 19.~-f .
; S[~ ~ B .~[' NOTARY PUBLI~. IN AND FOR ~E STA~ OF IOWA
,, ,, ~'=~'
' I J~l ~~ 1
',
,
166 a d ........= .........
, -~ ~ .......... ~ POINT O.
2~t50' J ~ [ I
L)m
EXHIBIT "A"
LEGAL DESCRP-ION FOR EASEMENT
T~e E~s~edy 5.00 fe~t ot the 47.56' foot w~ce Existing
Sewer. Drainage and U~ility Eoseme~t, on ~d o~s the
C~H Hill - ~ott Eou~rd Addition Part IX. I~wa City, Iowc
Pta[ 3~k 51. ot page 47. of the Eec~ds of the Jenson
Office; M~e portlculoHl~ desrind as fo]1o~'
Comm~c~ at the Northwest Corn~ cf Lot 16~, Cour~ P~I
AddiUor PO~ IX. in accordance with the recorded plot
~41"E, ~n~ the North Li~e cf Said Lot 168, a d~tonc~
~ence, S~.~2 19 W, 16,16 feet, to the Point of B~inn;ng;
S00~2 19 W. olon9 [he Easterly L;fie of the ~isUn~ ~nlto~
~er, Orcinc~e oral Jt;lity Ecsement, o d~stopce of 97,
in:~tlon ~ith the North Une of the ~ist~n~ 20,00
UUlity Easement; ~enee SBg~7'00"W. along so~ N~th
5,~ f~L; ~en~ N~2'19~. 97.92 feet, to a poht ~ be
Stywater Mo~ent [osem~ Une, a dlst~ of 5.00
B~bnln9. ~id tract ot lad cot~tCns ~9 ~are F~t.
~b~t [o ~sement~ ohd mstriction~ of re~d.
LEGEND AND NOTE
- CONGRESSIONAL CORN~.R.
- CONG=~ESSIONAL CORNER. REESTABU~
- CONG~SION~ ~RNER, RE~ED~ LO
- PROP~ C0~S), F~ND
- PEOP~ C~N~
~- CEN~
-- ~ LOT LINES, P~O ~ BY DE~
....... ~T UNES.
ERROR OF ~OSURE IS LE~3 ~AN 1 F~T IN 20,000 F
I HEREBY CERTIFY THAT THIS PLAT. MAP. SURVEY OR
REPORT WAS PREPARED BY ME. OR UNDER MY DIRECT
SUPERVISION. AND THAT I AM A DULY REGISTERED
LAND SURVEYOR Uf~DER THE LAWS OF THE STATE Of
~ ~ IOWA.
Glen O. Malenet ,P.S. & P.E. Reg. l'1o, 8°65 DA~'"-
~ MY' REGISTRATION EXPIRES. DECEMBER 31. lg,_~,~ .
1'=40' NOTARY PUBLIC. IN A\ID ~OR THE S'FATE OF IOWA
169
I
,~C,,~ ~[~ ...........~ ................
~ .....~ POINT O~
f [~/I ~DC~NNING
~ ~.~' ~4~ s~
I~~="m' ~ I ~ ~ L__L .....
...... '' t ........................... : ..... J ' I l~ 'l
~ir~ : ~5.OO'
COURT TREET
35.00'
EXHIBIT "A"
LEGAL DESCR PTION FOR EASEMENT RELEASE:)
TI, e Eos':edy 5,00 feet of the 47.50 foot w~ce Existing S~ni:acy Sew~', Storm
Court Hill - ~ott Eoure~rd Addition Part IX. Iowa C:ty,
Pl=t D~k ~I, at page 47. of the R~ds of the ~hnson ~nty Reco-de-'s
Office; M~e p3rtJ~lorlly d~c'i~d as fol[o~:
Addit[or Po~ IX. in accordance wlth the recorded plot thereo~ ~ence
~9~T41'E. o[on~ the NO~ Line cf Said Lot 168. o diston~ of ~7.~ feet:
~ence ~C~2 19 W, 16 16 feet. to the Point of 8~inning; ~ence ~nt;nuhg
S00~2'19"W. along the Easterly Line of the Ex~stin~
~, Orcincge oral JtiHty Ecsement. o allstance of 97.9~ feet. to its
in:em~tlon with the North Line of ~ ~ia:ing 20.00 f~t
Utility Eo~men~ ~ence ~9~7'00"W. olong sam
5.00 f~; ~en~ N~2'J9"W. 97.92 f~t. to e point
Sto~wote~ Monument Eosem~: L~e. o d~ton~ of 5.00 f~t to
B~lnn~ng. ~Id tract o~ loqd conto~s ~9 ~uore F~t, m~e
LEGEND AND NOTES
[S/8' ~ron Pi. w/ ~ cc~)
ER~0E 0F ~0$UEE IS LESS ~AN 1 FOOT IN 20,000
12 15 95
eld Elook No:
423
1"=40'
S~e~t 1of ~ . ' :' "
S~eete { '
RESOLUTION NO. 96-156
CONSIDER A RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING
THE iVIAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, A LICENSE
AGREEIVIENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY AND AN
AGREEMENT FOR THE SUBORDINATION OF SUCH USE TO EXISTING
EASEMENT RIGHTS, AND TO ACCE,~T THE DEDICATION OF ADDITIONAL
RIGHT-OF-WAY ALONG BARRINGTO,"J ROAD IN WINDSOR RIDGE SUBDIVI-
SION
WHEREAS, Arlington L.C. is the developer of certain real estate known as Windsor Ridge
Subdivision; and
WHEREAS, the City of Iowa City, Iowa is res[,onsible for the care, supervision and control of
public right-of-way; and
WH EREAS, Arlington L.C. and the Windsor Ridge Homeowners Association seek City approval
to locate a distinctive entrance sign upon a parcel to be dedicated as Barrington Road right-of-
way within the subdivision; and
WH EREAS, the public interest would be served in accepting the dedication of the right-of-way
parcel and in granting approval of an Agreement for the temporary use of the Barrington Road
right-of-way; and
WHEREAS, the Department of Public Work~ has reviewed the proposed location of the
entrance sign, and finding the location enc.Jmbered by a utility easement, approved the
location of and construction plans for the entrance sign subject to the execution of the license
agreement as well as an additional agreement specifically addressing the superior rights of
those parties holding utility easement rights under the original plat; and
WHEREAS, a license and easement agreement for the temporary use of the Barrington Road
right-of-way has been negotiated, an agreement regarding the superior rights of the easement
grantees has been negotiated, and the City agrees to accept the dedication of the subject
parcel and right-of-way and allow the use of the dedicated Barrington Road right-of-way for
said sign purposes, subject to the terms and conditions of the above agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The terms and conditions contained ir, the License Agreement for Temporary Use of
Public Right-of-Way attached hereto e ~d incorporated herein are approved as to form
and content.
The terms and conditions contained in the Subordinated Use Agreement attached
hereto and incorporated herein are aPl,roved as to form and content.
The Mayor is authorized to execute, and the City Clerk to attest, the License
Agreement for Temporary Use o! P, blic Right-of-Way and the Subordinated Use
Agreement, for and on behalf of the (.~ty of Iowa City.
Resolution No. 96-156
Page 2
The City hereby accepts the dedication of the parcel depicted and legally described on
Exhibit "A" attached hereto and incorporated herein, and directs the City Clerk to
record the deed for the same in the Office of the Recorder, Johnson County, Iowa, at
Arlington L.C.'s expense.
Passed and approved this
4th day of__ June ,1996.
ATTEST: ~.~ ~.
CITY'CLERK
CORPORATE SEA/.
;':. 21'7:1 ,,c, 55
Resolution No. 96-156
Page 3
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Vanderhoef
AYES: NAYS: ABSENT:
X
X
Baker
Kubby
X Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
;':. 217:1 ~Ac[ 56
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, IOWA, ARLINGTON, L,C,
AND WINDSOR RIDGE HOMEOWNER'S ASSOCIATION
This Agreement is made by and between Ading!on, L.C., an Iowa corporation ("Arlington"), the
City of Iowa City, Iowa, a municipal corporation ("City"), and the Windsor Ridge Homeowners
Association, an Iowa non-profit corporation ("Homeowners Association").
WHEREAS, Arlington is the developer of certain real estate legally described as Windsor Ridge
Subdivision; and
WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision and control of
public right-of-way; and
WHEREAS, Arlington and the Homeowners Association seek City approval to locate a distinc-
tive entrance sign within the right-of-way of Barrington Road within the subdivision; and
WHEREAS, the public interest would be served in granting approval of an Agreement for Use
of the Barrington Road right-of-way in the following particulars:
1) There would be no adverse effects on sight lines and traffic visibility,
2) There would be no adverse effects on abutting properties; and
3) A public purpose is served by the placement of signs which identify the Subdivision;
and
WHEREAS, the Department of Public Works has approved the location of and construction
plans for the entrance sign; and
WHEREAS, a license and easement agreement for the temporary use of the Barrington Road
right-of-way has been negotiated, and the City agrees to allow use of the Barrington Road
right-of-way for said specific purposes, subjec~ to the terms and conditions herein.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH
HEREIN, THE PARTIES AGREE AS FOLLOWS:
Arlington shall be allowed to install, and the Homeowners Association shall maintain,
an entrance sign within the dedicated Barrington Road right-of-way as depicted and
legally described on the plat attached hereto as Exhibit "A", subject to City approval of
grading, placement and design of said sign. The sign shall be constructed and located
according to the attached drawings, and shall be compatible with placement of side-
walks and street curbs. Arlington and the Homeowners Association further agree that
the entrance sign shall be Iocate(J a '~inimum of a three (3) foot clearance from the
Barrington Road paving, and a minimum of a one (1) foot clearance from the sidewalks.
Arlington and the Homeowners Association agree the entrance sign shall not exceed
sixty (60) inches in height.
"' ?.:1 57
Arlington agrees to construct the entrance sign in a manner acceptable to the City. The
Homeowners Association agrees to maintain the sign in good repair so as to minimize
danger and preserve aesthetic appeal.
In the event that the entrance sign is to be replaced, for any reason, the Homeowners
Association agrees to replace said sign. subject to approval of the City Public Works
Department.
Arlington and the Homeowners' Association agree to indemnify, defend and hold the
City harmless against any and all claims for bodily injury, death or property damage
arising out of its actions or those of its contractors, subcontractors, agents, employees
and assigns arising out of this use of the public right-of-way under this license and
easement agreement, specifically including any and all claims and/or liabilities which
may be alleged against the City as a -esult of its decision to allow Arlington and the
Homeowners' Association to temporarily occupy the Barrington Road right-of-way as
herein described.
Notwithstanding the above, the Parties agree that Arlington will cease and desist the
temporary use of the public right-of-way and remove the entrance sign and any and all
obstructions from said right-of-way when any of the following events occurs:
a. breach of this license and easement agreement;
The use of the property changes and/or the tempora~j use of the public right-of-
way is no longer needed or appropriate, as determined by the City; or
Within thirty (30) calendar days after the City gives wdtten notice of removal to
Arlington and/or the Homeownem' Association.
If Arlington fails to remove any obstructions, barricades or signage from the public right-
of-way as required in this paragraph or in paragraph 6 above, the City may remove the
obstructions, barricade or signage, and the cost thereof shall be billed to Arlington for
payment to City. Upon Arlington's failure to pay said billing, the removal costs shall be
certified to Johnson County as a statut,~ry lien and assessed against the property and
collected in the same manner as a prcperty tax, as provided in Section 364.12(2)(e),
Iowa Code (1995).
Parties agree that no property right is cc. nferred by this grant of permission; that the City
is not empowered to grant a permanent use of its street right-of-way for private purpos-
es; and that the City may order said si[~n removed at any time if, for any other reason,
the City Council determines that the property upon which the sign is located should be
cleared of any and all obstructions.
This Agreement shall be binding on the parties hereto as well as their successors and
assigns, and shall be construed as a covenant running with the land and with the title
to the land owned by Arlington, whether or not deeded to the Homeowners Association
according to the Subdivider's Agreemel)t and according to the Declaration of Homeown-
ers Association separately established
Dated this ~! day of
CITY OF IOWA CITY, IOWA
,1996.
Naomi ~. N6vick, Mayor
Mad~n K Kant. City Clerk
CORPORATE
SEAL
ARLING~//~L.C.
sarah~anduse~wdd row. agr
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this ~( ~ day of ,.~u~,,. ,1996, before me, the undersigned, 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 b,,. me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of said municipa! corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of City
Council of said municipal corporation; and that the said Naomi J, Novick and Marian K, Karr
acknowledged the execution of said instrument to be the voluntary act and deed and said
municipal corporation, by it and by them voluntarily executed.
Notary Public in and for ti~9 Statco[ Iowa
NOTARJAL SEAL
3
STATE OF
COUNTY OF
)
)SS:
)
On this ~.~+ day of (~-+~oe.¢' ,1996, before me, the undersigned Notary Public in and
for the State of ._-~,~,~ ~ , personally appeared ~-~,~r% k)O~t4.~ ~
..------ ~. , to me persor,.~lly known,-dnd who being by me duly sworn
did say that they are the k,~....~. &~.,~W and ----------- of Arlington L.C.,
executing the within and foregoing instrument, 1~, ~tf. he seaFaffixed-therete--is~~ ,~o
c~l~T'aticmt, that said instrument was signed and sealed on behalf of said corporation; that the $e.~.\
said ~ ,~r.,.,,, k~O~,~-k-~ and acknowledged the execution of
said instrum~i~t to be the voluntary act and de~d of said corporation, by it and by them volun-
tarily executed.
No-'t~Public in ~nd for the Stat~~ SEAL
STA'fE OF IOWA )
)SS:
COUNTY OF JOHNSON )
On this ;).~,~- day of O~_.i-~l~,'- 1996, before me, a Notary Public in and for the State of
Iowa, personally appeared ~.< ..,, kx~,,V,.s , to me personally known, who
being by me duly sworn, did say thi~t~he is the '~,-.-~.~,~,-~ of the Windsor Ridge Homeo-
wner's Association, and that the instrument was signed on behalf of the Association by authori-
ty of its Board of Directors; and that d;,~¢., k43,,~ acknowledged the execution of the
instrument to be the voluntary act and deed ~i' the Homeowner's Association by it, and by the
~,~,~,,.,'~ voluntarily executed.
Noi'a~._~blic in and for the State of Iowa
SEAL
,:. 217,160
4
EXHIBIT "A"
fLEGEND AND NOTES
Right-of-Way Dedication Exhibit M1ViS COI~ULTAI~TS, INC, S
ProJoc~ rnOe. M IOWO Clly, Iowo (319) 351-8282 ~
Part Four, Iowa CiLy, Iowa G.W. ~m Gou ~
Prepared by Dennis Gannon, Asst. Ciiy Engineer, 410 E. Washington St., iowa City, IA 52240; (319)356-5142
RESOLUTION NO, 96-157
RESOLUTION ACCEPTING THE WORK FOR
THE IOWA RIVER FLOOD REPAIR PROJECT.
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,
Construction of the Iowa River Flood Repaim Project as constructed by Barker's Inc. of
Iowa City, Iowa
WHEREAS, the performance and payment bond has been filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CI'fY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 4th _ day of June ,1996.
ATTEST: /~~ ~. ~
ClT~CLERK
MAYOR
Approved by
City Attorney's Office
It was moved by Horton
adopted, and upon roll call there were:
pweng~fioodrep.fes
and seconded by
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
NoVon
Novick
Thornberw
Vanderhoef
City of Iowa City
MEMORANDUM
Date: June 3, 1996
To: City Manager and City Council
From: Denny Gannon, Assistant City Engineer__~
Re: Iowa River Flood Repairs Project
On the June 4, 1996, City Council agenda, Item 2.d(7) is a Resolution accepting the work for the
Iowa River Flood Repairs Project and approving the supplemental contract for the remaining work
located in CRANDIC Park. Late last week the level of the Iowa River was low enough to allow
the contractor to complete the work along the riverbank in CRANDIC Park. Therefore, the
supplemental contract is no longer necessary and the Resolution involves accepting the work for
the Iowa River Flood Repairs Project in full, deleting any reference to a supplemental contract.
ENGINEER'S REPORT
CITY OF I0 WA CITY
June4,1996
Honorable Mayor and City Council
Iowa City, Iowa
RE: Iowa River Flood Repairs Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of Iowa River Flood Repairs Project has been
completed in substantial accordance with the plans and specifications prepared by
Shive-Hattery Engineers and Architects, Inc. The final contract price is $416,560.
I recommend that the above-referenced improvements be accepted by the City of Iowa
City.
Sincerely,
Richard A. Fosse, P.E. ~
City Engineer
410 EAST WASHII~OTO~i STR££To IOWA CITY. IOWA 52240-1826o (319) 356-5000, FAX (~19) 356-$009
Prepared by: Denny Gannon, Asst. City Engineer, 420 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO.
RESOLUTION ACCEPTING THE
PROJECT AND APPROVING
ING WORK IN CRANDIC PARK
RIVER FLO~
SUPPLEIVIENTAL CONTRACT
~RENTLY UNDER HIGH
REPAIRS
WHEREAS, on January 31, 1995, City Cc )roved Resoluti 95-14 awarding the
Iowa River Flood Repairs Project Contract ~ Barker's, Inc. of City. Iowa; and
WHEREAS, work relative to the Iowa
completed in substantial accordance with t
Hattery Engineers and Architects, Inc.; and
Flood Repa
plans and
Project ("Project") has been
prepared by Shive-
WHEREAS, items No. 7 (Geotextile), No.
Section 2 of the Project Contract with Barker',,
completed due to high water along the Iowa Ri
9 (Grading) of B-Crandic Park,
(Resolution No. 95-14) have not been
; and
WHEREAS, the prime contractor requests th,
accounts for less than 1% of the Project Co/dtract,
contract with the prime contractor, as pr,ovided in
WHEREAS, the City Engineer finds this/to be a reas~
remaiqing work to be completed, which
in the form of a supplemental
,~ction 573.27, Code of Iowa; and
~able request; and
WHEREAS, the Engineering Division'~as recommend(
the Iowa River Flood Repairs Projedt, as included in a
and Barker's, Inc., dated Februa, r¥ 9, 1 995,
WHEREAS, the performance ~nd payment bond has beer
the contractor's surety con~;ents to supplemental
force and effect until com,pletion.
/
NOW, THEREFORE, BE,~'T RESOLVED BY THE CITY
IOWA, THAT: /
that the work for the construction of
between the City of Iowa City
and
lied in the City Clerk's Office, and
and the bond shall remain in full
OF THE CITY OF IOWA CITY,
All improven~nts for the above-mentioned Project, the unfinished work in
Crandic Par?, currently under high water from the Iowa ~r, are hereby accepted by
the City,~/~'lowa City, Iowa. ~.,,
The Su?'plemental Contract for the remaining work in Crandic Park with Barker s, Inc.,
is hereby approved and, by mention, made a part of this resolution.
The Mayor is hereby authorized to sign and the City Clerk to attest the Supplemental
Contract.
Resolution No.
Page 2
Passed and approved this
day of , 1996.
ATTEST:
CITY CLERK
city
,'s Office
It was moved by and
adopted, and upon roll call there were:
AYES: NAYS:
by
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
CITY OF IOWA CITY
SUPPLEMENTAL CONTRACT
KIND OF WORK Grading, placement of rip rap, and installation of geotextile and rip rap.
COUNTY Johnson
CONTRACT AND RESOLUTION NO. 95-14 PROJECT AND A.GCOUNT NO. 34120
THIS SUPPLEMENTAL AGREEMENT is entered into by and,.b, etwe,~'n the,, City of Iowa City,
Iowa, and Barker's Inc. of Iowa City, Iowa, hereinafter called Co~,~a.ctor.' The parties to this
supplemental agreement have entered' into a prior agreement.~n the 9th day of February,
1995, which agreement, and all the td. rms and conditions the, r'ein, not heretofore performed,
are by reference incorporated herein. / ~
Pursuant to §573.27, Code of Iowa (1~95), the Contractor has made a request for payment
after the completion of at least ninety~five percent ,(~5% ) of the work under the original
contract. The bondsman has consente',d that the C.(~ntractor's bond filed in support of the
original contract will remain in full force ¥nd effecJ Both the said Request and Bondsman's
Consent are by referenced incorporated herein a/~though fully set out.
\ /
The Contractor, in consideration of Six
payable as set forth under the terms
part of this contract, does hereby agree
the plans and specifications and the ori!
Jlars and 75 Cents {$675.75),
inal contract and specifications, constituting
glete the following work in accordance with
contract:
ITEM 'ITY UNIT TOTAL
NO. ITEM / & PRICE AIr]CUNT
1 Grading j 1.5 statior $200.00 $300.00
2 Seeding 1 67 SY 0.75 125.25
3 Geotextile / 167 SY 1.50 250.50
/
, $675.75
It is further agreed by th,~ parties to this
commence as soon as t, he Iowa River level drops
completed and the ground surface of Crandic
work equipment to c?~nplete the work without dama ng the park itself. The Contractor will
be given five (5) w, drking days to complete the work and the amount of liquidated
damages, if any,Jwill be determined under the ~s of the original contract and by
considering this~0pplemental contract and the original 9th day of February, 1995,
as one contracy
Dated this. [ day of June, 1996.
ntal contract that the above work shall
an elevation that allows the work to be
to allow the mobilization of
CITY OF IOWA CITY, IOWA
CONTRACTOR
By:
Naomi J. Novick, Mayor
ATTEST:
Marian K. Karr, City Clerk
Ap/~/r~ved by
City Attorney's Office
Bob Barker for Barker~ Inc.
CITY OF IOWA CITY
May 28, 1996~
Honorable Mayor and'City Council
Iowa City, Iowa
ENGINEER'S REPORT
RE: Iowa River Flood ~ Project
Dear Honorable Mayor
I hereby certify that the
completed in
Shive-Hattery Engineers and Archi
(grading, seeding and installation
water from the Iowa River. As
Contractor
work to be completed.
the supplemental contract
price is $416,560, the
Flood Repair Project has been
the plans and specifications prepared by
with the exception of some work
tin Crandic Park currently under high
573.27 of the State Code, the
)osed to cover the remaining
~ be reasonable and recommend approval of
resolution. The final contract
amount of $675.75.
I recommend tha
City.
the City of Iowa
Sincerely,
Civ
410 £AST V*'ASHIHGTO/e STREET · IOWA CITY. IOV/A ~2240-1826 · (~19) 3~6-$000 · FAX (~191 3~6-~1009
Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., iowa CiW. IA 52240 356-5247
RESOLUTION NO. 96-158
RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN, PART
XIV, IOWA CITY, IOWA.
WHEREAS, the owner, Bill Frantz, has filed with the City Clerk of Iowa City, Iowa, an
application for approval of the preliminary plat of Village Green, Part XIV; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department have examined the proposed preliminary plat and have recommended approval
of same; and
WHEREAS, said preliminary plat has been examined by the Planning and Zoning Commission,
and after due deliberation, the Commission has recommended that the plat be accepted and
approved, subject to certain conditions; and
WHEREAS, the preliminary plat is found to conform with all of the requirements of the City
ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the preliminary plat of Village Green, Part XIV is hereby approved, subject to a
sanitary sewer and stormwater management agreement for the area being approved
by the City prior to final plat approval.
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized
and directed to certify this resolution, which shall be affixed to the preliminary plat
after passage and approval by law.
4th day of June ,1996.
Passed and approved this
CLERK
ppdadm~n~villgrn.re$
Resolution No. 96-158
Page 2
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
--X--
Baker
ABSENT:
X
the Resolution be
Baker
Kubb¥
Lehman
Norton
Novick
Thornberry
Vanderhoef
by: Melody Rockwell, Associate Planner, 410 E. Washington
IA 52240 356-5247
RESOLUTION NO.
SOLUTION APPROVING THE PRELIMINARY PLAT 01
IOWA CITY, IOWA.
PART
WHEREAS
application
owner, Bill Frantz, has filed with the Clerk of Iowa City, Iowa, an
~proval of the preliminary plat of Villa Green, Part XlX; and
WHEREAS,
Department have
of same; and
~g and Comm
amined the proposed prelimi~
Development and the Public Works
plat and have recommended approval
WHEREAS, said
and after due
approved, subject to
ry plat has been
the Commission
~ conditions; al
by the Planning and Zoning Commission,
recommended that the p!at be accepted and
WHEREAS, the preliminary is foun( all of the requirements of the City
ordinances of the City of l,~va.
NOW, THEREFORE, BE IT RESOL BY THE CITY COUNCIL OF IOWA CITY, IOWA:
That the preliminary plat
sanitary sewer and
by the City prior to fina
Green, Part XlX is hereby approved, subject to a
anagement agreement for the area being approved
That the Mayor and
and directed to car
after passage
Clerk of
this resolution
~roval by law.
Iowa City, Iowa, are hereby authorized
shall be affixed to the preliminary plat
Passed and approved
day of
· 1996.
MAYOR
ATTEST:
ppdad~ rn,res
CLERK City
Prepared by: Anne Burnside, First Assistant CiW Attorney, 410 E. Washington St.. Iowa CiW, IA 52240; 319-356-
5030
RESOLUTION NO.
RESOLUTION AUTHORIZING CONSTRUCTION AT THE IOWA CITY IV]UNIClPAL
AIRPORT OF A 100' BY 100' HANGAR BUILDING WITH A 20' BY 40'
ATTACHED OFFICE AREA.
WHEREAS, it is the intent of the Iowa City Airport Commission to at~ract and accommodate
corporate and business aircraft at the Iowa City Municipal Airport; and
WHEREAS, the proposed 1996 Airport Master Plan calls for additional hangar space which
can accommodate such aircraft; and
WHEREAS, the Airport Commission is currently negotiating with tenants to base their aircraft
at the Airport; and
WHEREAS, additional hangar space would be a capital asset for the Airport, which should
increase airport revenue by increasing the number of based aircraft at the Iowa City Municipal
Airport; and
WHEREAS, the $356,900.00 cost of the project would be financed through an inter-fund
loan, to be repaid through hangar rental fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT, the Mayor is hereby authorized to sign and the City Clerk to attest a resolution
authorizing the Airport Commission to proceed with construction of a 100' by 100' multi-
plane hangar building at the Iowa City Municipal Airport.
Passed and approved this day of , 1996.
ATTEST:
CITY CLERK
MAYOR
~¥ Attorney?'~f~ce j --
e Burnside. Rrst Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-3.~
5030
RESOLUTION NO.
RESQ
AIRPORT OF
ATTACHED
ITHORIZING CONSTRUCTION AT THE IOWA CITY IViUNIC
BY 100' HANGAR BUILDING WITH A 20'
AREA.
40'
WHEREAS, it is the intent
corporate and business
Iowa City Airport Commission to
at the Iowa City Municipal Airport; an~
~mmodate
WHEREAS, the proposed 1996 3ort Master Plan calls for additi
can accommodate such aircraft;
hangar space which
WHEREAS, the Airport Commission
at the Airport; and
gotiating w~
~nts to base their aircraft
WHEREAS, additional hangar space would
increase airport revenue by increasing t
Airport; and
capital
for the Airport, which should
aircraft at the Iowa City Municipal
WHEREAS, the ~356,900.00 cost of the projec
loan, to be repaid through hangar rental fees.
be financed through an inter-fund
NOW, THEREFORE, BE IT RESOLVED CITY
IOWA, THAT, the Mayor is hereby authori to sign and
authorizing the Airport Commission to with
plane hangar building at the Airport.
:IL OF THE CITY OF IOWA CITY,
City Clerk to attest a resolution
of a 100' by 100' multi-
Passed and approved this
ATTEST:cITY CL~
/
of
MAYOR
,1996.
by
Prepared by: Robert Hagarty, Housing Administrator, 410 E. Washington St., Iowa City, IA 52240 (319)356-
5400.
RESOLUTION NO. 96-159
RESOLUTION AUTHORIZING APPLICATION FOR 1996 COMPREHENSIVE
IMPROVEMENTS ASSISTANCE PROGRAM (CLAP),
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority and the Department of Housing and Urban Development (HUD) has published a
notice of fund availability for Comprehensive Improvements Assistance Program (CLAP) funds;
and
WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the
Department of Housing and Urban Development to administer a Certificate, Voucher and Public
Housing Programs; and
WHEREAS, as required by HUD regulations, the Iowa City Housing Authority held meetings
with the Public Housing tenants to advise them of the application and to request comments;
and
WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City
would benefit from the Comprehensive Improvements Assistance Program funds; and
WHEREAS, in order to receive said funds, a ClAP application must be signed by the Mayor
and submitted to HUD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
That the Mayor is hereby authorized to sign said application to the Department of Housing and
Urban Development for ClAP funds.
That the City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the Department of
Housing and Urban Development.
Passed and approved this 4th day of June , 1996.
ATTEST: ~
CITY CLERK
hisasstYesciap res
MAYOR
Ap, m~pved by ~
City Attorney's Office
Resolution No, 96-159
Page 2
It was moved by K~bby and seconded by
adopted, and upon roll call there were:
Nnrton
AYES: NAYS: ABSENT:
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
IOWA CITY HOUSING AUTHORITY
MEMORANDUM
DATE:
TO
FROM:
RE'
May 29. 1996
City Council
Robert Hagarty, tlousing AdministratorQ~'~
APPLICATION FOR 1996 COMPREHENSIVE IMPROVEMENTS
ASSISTANCE PROGRAM (CLAP)
The Iowa Cily riousing Aulhor~ty is making application to the Department of Housing and Urban
Development for ClAP Grant This Grant is a compelilive grant and there is only so much money
to go around for the slate of Iowa
3'he Grant will be used to upgrade our public l-lousing units (e.g storm doors, siding,
refiigerators, cartier and vinyl) and to replace tile eight year old pickup truck that no longer meets
out' needs. Attached to this memo is a detailed listing of the items requested for CIAP funding.
We are asking for $227,185 00 We are hoping to get all or at least some of the money in order
to do some of the work items
Thank you for your assistance with this ClAP application.
CIAP APPLICATION 1996
~721B Mu~cac~ne Ave __ 'F I X ~ X j ..... X__ __
,,OAr. age ~m conc ret, e ~ . S.%~O. ~.n~
.~72 ?c m,._sS~E%n9._ ay~ ............ ~ .................. ? .......................... x
~53-h so~{~-£¥~'~J s'q ..... ~__ .................... ~ ............. :
919 N Dodge St
1900 F Street X
TOTAL '13 X S575
CIAP APPLICATION 1996
IA05P022004 ,YEAR iRefrxgerat=r
3503 Shamrock Place__
~._505 Shamrock Place __
3509 Shamrock Place
cringe
'Storm Carpen . V:nyl --
ITRUCK
3_536 Shamrock Place
3542 Shamrock Place
~552 Shamrock Place
X X
2
X
I
-- if2 X 575 t3 X 10~ '31X 120 18 X 2000 19 X 1200
~OT~ J 'l' ss~A f3T~ ~-6~o I sle,ooo, slo,soo
,
__ ll x 550 {1 x 15r990 I I
I j s~o.I sls,99o , F-- ss3,~o
First Ave. .1960 X , X I
Dover s: '1'%7o i x x ...... ~
X .$ 6,300.00
_~4.) l..~-._~.n~<].~n_..s,% _ . !~69 .................................................
~- ~'%:~ ~ ..... _ L.] "- ~v~ ii '_".]'-~_ TS.';: L ;']'~.T~'i'. ................... . - - ......................
~ ~:%~ ~., '"~5 -' . ..................
)9%9. F~.~m3?m~.. .... [~]~," - .................. ~ ............................. ~ .....
................................................
~o~g 1 a s s ,.C~u~ ..... ~9~ .....................................................................
....... }Sf~ .......... ~ ~"5~6 ........ ~"'"~6~ .......... f x %'~65 .......T'~ i%~o .......... ~-~so ....................................
................................... ; ............................. .
PROJECT TOTAL $300 $100 56,000 $~,200 S5~0 $24,300 $32~5_O
CIAP APPLICATION 1996
1927 Grantwood St 1981
2258 Russell Dr '197~ ; X
92__4_~u~son Ave 193S ,
. _z ...... ~ .......... ~$~T sio,ooo
6z? ~%ok--2Y~J'd; - z~6% ............... £ -- '3 ....................................... x- s5oo
.................................................... ~ ~ lsoo
~'~='~ 6~ ......... ~¢~t ............. %- ......7.- ......~ ........~-~'i ': ~L%.'L_~ .......'. 7~'..-.': .T'_L_.? ~oo
i 15 ~.; L~" . ~i . . ~' '. . >: '. i '--.i ..... ~ .... '-x ..... ~ ........ ~o ....
: ~p~ ~o~.~ ~ ' ~'Z .....L'
145 S Westminster St: 2969 X
X
7000
x ............ ~5p9 ........
2220 Arizona Ave
~344 Lakeside
1970 : X
'i ~709 wayn~ Ave 1963 T- i ' '--
?OT~
PROJECT
--- i
$1r200 __
__ Is x ~soo ,3 x ~oo
{ S4,400 .......
-- J__E.L.z.c svc .2000
{
S39,800 ~ .. $77r500
CIAP APPLICATION 1996
.~528 Crosby
~05 California Ave__ 1975
1905 Gleason Ave 1973 __
3357 Lower Wes= Branch Rd 1975
~l w~v~'Av-%' "
!NO funds
......... TO~A ........................................ ! ...........................
PROJECT TOTAL
CIAP APPLICATION 1996
~AOSPO22p08 Year
Aster Ave
1996
,NO fgnds
'" _2.4_3.7.. _W_n_~ _s p e r x n.9 ,. p_r a x___r _~ e_._A 1.__99_9 .......................................................................
~>o~ ,~s~_=~__~.~ P~a~r~ A 19~6 '-_~" ~-- .......................................................
2~2. 2__~.n_~.s.o_e_rk0_.q" ~ra_~.r%e. ~_.~9....~.6. .................................................
263_0. ~.~h.~.s.p_.eFL09 ?r,~e ~.~?S6 ............. . ...........
~0.e _[ ,~ d [ 9o. _c% [9.°6 ...................................
26~_4_ [ O.d + 9o__C_%.. ~A~ ..................................................................................
.2_6.~.0_ [~3do__9.o ¢,~ ...... ~.996 ................................................................... , ...............
2567 ~ndioo C~: 1996
.2._6 ~.Z. ~_ ~3.o- _c~__._ ..........~.~2~. ..........................
? .6..~ .~.. kn_d ~ _c_= ........ ~.9.~_ _~ ......................................................................
.2.611 ~h~.s er£n Meadow Dr 1996 .....................
~!%~_ _~_sj~_r ~n.9. ~_~e~.~_o.~_.Dr___~.S~.96___ .......................................................................................
.2351 Wh£s~_erin9 Meado. w Dr 1996
~.%0__.N__e.zg~a Av 1996
2~51 Nevada Av 1996
CIAP APPLICATION 1996
IA05P022009 .... iYear
'~655 Indiqo C~... 11996 ;
{
2401 whlsper_~_gng Meadow Dr{ [.996 '
24~ 2 .H~ ~_s~.~.=_~__ncJ..~..a_dow ~_~§ .......................
2640 Wb~.s_~er~n.9 Mea.~ow Dr %996
2~. ~3~ ~- &~ ............ ~.9~ ................................................................................
~sL ~s~: ~y ...... i996 ..... ~ .................................................
2415 As~er Av 1996 '
Prepared by: Charles Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-
5141
RESOLUTION NO. 96-160
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
SILURIAN WELLS NO. 3 AND NO. 4 IN CONNECTION WITH THE WATER
SUPPLY AND TREATMENT FACILITIES PROJECT.
WHEREAS, Layne-Western, Inc. of North Liberty, Iowa, has submitted the lowest responsible
bid of $107,284.70 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, '[HAT:
The contract for the construction of the above-named project is hereby awarded to
Layne-Western, Inc. of North Liberty, Iowa, subject to the condition that awardee
secure adeqgate performance bond, insurance certificates, and contract compliance
program statements.
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 bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 4th day of ,]unp , 1996.
CIT~-CLERK
Ap~oved
'ty tto y s Office
It was moved by I(ubby and seconded by
adopted, and upon roll call there were:
Vanderhncf the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ADVERTISEMENT FOR BIDS
SILURIAN WELLS NO. 3 AND NO. 4
IN CONNECTION WITH THE WATER
SUPPLY AND TREATMENT FACILITIES
IOWA CITY, IOWA
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until
10:30 A.M. on the 28th day of May, 1996,
and shall be received in the City Clerk's office
no later than said date and time. Sealed pro-
posals will be opened immediately thereafter by
the City Engineer. Bids submitted by fax ma-
chine shall not be deemed a 'sealed bid' for
purposes of this Project. Proposals will be act-
ed upon by the City Council at a meeting to be
held in the Council Chambers at 7:30 P.M. on
June 4,1996, or at such later time and place as
may then be scheduled.
The Project will involve the following:
Construction of two (2) Silurian production
wells and test pumping. The Silurian well
construction generally includes drilling an
18 inch diameter upper borehole, an
11-1/2 inch diameter lower borehole, fur-
nishing and installing a 12 inch diameter
steel casing and other appurtenances,
together with related subsidiary and inci-
dental work.
All work is to be done in strict compliance
with the plans and specifications prepared by
Howard R. Green Company, 4250 Glass Road
N.E., P.O. Box 9009, Cedar Rapids, Iowa
52409-9009, which have heretofore been
approved by the City Council, and are on file
for public examination ~n the Office of the City
Clerk.
Each proposal shall be completed on a form
furnished by the City, and must be accompa-
nied in a sealed envelope, separate from the
one containing the proposal by a bid bond
executed by a corporation authorized to con-
tract as a surety in the State of Iowa, in the
sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder
fails to enter into a contract within ten (10)
calendar days and post bond satisfactory to the
City insuring the faithful performance of the
contract and maintenance of said Project, if
required, pursuant to the provisions of this
notice and the other contract documents. Bid
bonds of the lowest two or more bidders may
be retained for a period of not to exceed fifteen
(15) calendar days until a contract is awarded,
or until rejection is made. Other bid bonds will
be returned after the canvass and tabulation of
bids is completed and reported to the City
Council.
The successful bidder will be required to
furnish a bond in an amount equal to one hun-
dred percent (100%) of the contract price, said
bond to be issued by a responsible surety ap-
proved by the City Council, and shall guarantee
the prompt payment of all materials and labor,
and also protect and save harmless the City
from all claims and damages of any kind
caused directly or indirectly by the operation of
the contract, and shall also guarantee the main-
tenance of the improvement for a peridd of two
(2) years from and after its completion and
formal acceptance by the City.
The following limitations shall apply to this
Project:
Completion Date: 90 calendar days
following Notice to
Proceed
Liquidated Damages: $200.00 per day
The plans, specifications and proposed con-
tract documents may be examined at the office
of the City Clerk. Copies of said plans and
specifications and form of proposal blanks may
be secured at the office of Howard R. Green
Company, Consulting Engineers, 4250 Glass
Road N.E., P.O. Box 9009, Cedar Rapids, Iowa
52409-9009, by bona fide bidders.
A $50.00 deposit is required for each set of
plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to Howard R.
Green Company. A refund of $25.00 per set
will be given upon return of said plans and
specifications in good and usable condition
within 10 days after the receiving of bids.
Prospective bidders are advised that the City
of Iowa City desires to employ minority con-
tractors and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to sub-
contract. This list shall include the type of work
and approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quanti-
ties, unit prices and extended dollar amounts.
If no minority business enterprises (MBE) are
utilized, the Contractor shall furnish documen-
tation of all reasonable, good faith efforts to
recruit MBE's.
A listing of minority contractors is available
at the City, and can be obtained from the Hu-
man Rights Coordinator at the Iowa City Civic
Center by calling 319-356-5022.
By virtue of statutory authoriW, preference
will be given to products and provisions grown
and coal produced within the State of Iowa,
and to Iowa domestic labor, to the extent law-
fully required under Iowa Statutes. The iowa
Reciprocal Preference Act, Section 23.21,
Code of Iowa (1991), applies to the contract
with respect to bidders who are not Iowa resi-
dents.
The City reserves the right to reject any or all
proposals, and also reserves the right.to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
Prepared by: Charles Schmadeke. Public Works Director, 410 E. Washington St., Iowa City, IA 52240
(319)356-5141
RESOLUTION NO. 96-161
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATrEST A CONTRACT FOR CONSTRUCTION OF
CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT,
ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT
IMPROVEN1ENTS PROJECT.
WHEREAS, Kleiman Construction, Inc., of Cedar Rapids, Iowa, has submitted the lowest
responsible bid of $5,779,091.00 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:
The contract for the construction of the above-named project is hereby awarded to
Kielman Construction, Inc., of Cedar Rapids, Iowa, subject to the condition that
awardee secure adequate performance bond, insurance certificates, and contract
compliance program statements.
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 bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 4th day of ,June , 1996.
ATTEST:c~ ~.
MAYOR
Ap~oved
City Attorney's Office
Resolution No. 96-161
Page 2
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
Norton the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
FOLLOWING IS
BEST DOCUMENT AVAILABLE
-!
FOLLOWING IS
]~EST DOCUMENT AVAILABLE
ADVERTISEMENT FOR BIDS
CONTRACT 2 - NAPOLEON PARK
PUMPING STATION AND NORTH PLANT
IMPROVEMENTS
WASTEWATER TREATMENT AND
COLLECTION FACILITY IMPROVEMENTS
PROJECT
Sealed proposals will be recaived.by the
City Clerk of the City of Iowa City, Iowa, until
10:30 am, local time on the 21st day of May,
1996, and shall be received in the City Clerk's
of/ice no later than said date and time. Sealed
proposals will be opened immediately thereafter
by the City Engineer. Bids submitted by fax
machine shall not be deemed a 'sealed bid' for
punposes of this Project. Proposals will be
acted upon by the City Council at a meeting to
be held in the Council Chambers at 7:30 pm on
June 4, 1996, or at such later tlme and place
as may then be scheduled.
The Project will involve the folk)wing:
CONTRACT 2 - NAPOLEON PARK
PUMPING STATION AND NORTH PLANT
IMPROVEMENTS
Work includes improvements to the existing
North Wastewater Treatment Plant and a new
mw wastewater pumping station at a remote
sP.e. North Plant improvements consist
primarily of new grit removal and dewatering
equipment, new holding tank waste dump
station, reptacement of existing bar screens,
triclding filter recirculation system modifications,
and chlorinatk)n system modifications. New
wastewater pumping station includes climber-
type bar screens, vertical tu~ine solids
handling pumps, and engine generator system
housed in a 38-foot deep structure with
masonry superstructure. Also include are a
fiber optics llne between the North Plant and
South Plant and mplscement of existing bar
screens and upgrade of SCADA system
software at the South Plant.
Work shall be in accordance with the
Blddlng Documents, Including the Project
Manual, and Drawings, prepared by Stanley
Consultants, Inc., Muscatlno, iowa, which have
heretofore been approved by the City council
and are on file for publio examination In the
Offme of the City Cle~
Each proposal shall be completed in
triplicate. on forms provided with the Project
Manual. end must be aocompanied, in a
eep~rate sealed envelope, by Bid security In an
amount of not less than 5% of the Bid. Bid
Bonds must be executed by corporations
authorized to contract as Surety in the State of
Iowa and in a form described in the Contract
Documents. Bid security shall be made
payable to the CITY OF IOWA CITY, IOWA
and shall be forfeited to the City of Iowa City,
Iowa in the event the successful bidder falls or
refuses to enter into a contract within ten (10)
calendar days and furnish required contract
security satisfactory to the City Insuring the
faithful performance of the contract and
maintenance of said Project, if required,
pursuant to the provisions of this notice and
other Contract Documents. Checks of the
lowest two or more bidders may be retalned for
a pedod of not to exceed fifteen (15) calendar
days until a contract is awarded, or until
rejection is made. Olher checks or bid Bonds
will be retumed after the canvass and
tabulation el' bids is completed and reported to
the City Council.
The successful bidder will be required to
furnish a bend in an amount equal to one
hundred percent (100%) of the contract price,
said bond to be issued by a responsible surety
approved by the City Council, and shall
guarantee the prompt payment of all materfais
and labor, and also protect and save harmless
the City from all claims and damages of any
Idnd caused directly or indirectly by the
operation of the contract, and shall also
guarantee the maintenance of the improvement
for & period of one (1) year from and after ~
completion and formal acceptance by the City.
The following limitations shall apply to this
Prejec~:
Completion Date: The Work will be
substantially completed within 488 days after
the date when the Contract Times commence
to run and completed and ready for final
payment within 548 days after the date when
Contract Times commence to run.
Liquidated Damages: One thousand
dollars ($1,000) for each day that ex~pires after
the time specified for Rnal completion until the
Work is complete.
A base set of Bidding Documents
consisting of 1 Project Manual and I full-slze
set of Drawings may be ot3tained from Ms.
Rebecca Nlen, Stanley Consultants, Inc., Mus-
catine, iowa, telephone 319.264-6274, upon
payment in the amount of $100.00 for 1 Project
Manual and 1 half.size set of Drawings or
$150.00 for 1 Project Manual and I full-size set
of Drawings, all nonretundable. Additional
Bidding Documents may be obtained at the
same cost and are also nonretundable.
A prebid conference will b~_ he~ a_t. __
10:00 am on May 7, 1996 at C~ uncll un.a.?er
at the iowa City Civic Center. Hspresentatlvea
of OWNER and ENGINEER will be .present to
discuss the Pro~ct,
Prospective Bidders are advised that the
City of iowa City desires to employ minority
contractors and subcontractors on City projects.
Bidders shall list on the Bid Form the
names of persons, firms, companies or other
parties with whom the Bidder intends to
subcontract. This I~ shall include the type of
work and appmx~mata subcontract amount(s).
The contractor awarded the contract shall
submit a list with the Agreement of the
proposed subcontractors, together with
quantities, unit pdces; and extended.do!la.r
amounts. If no mlnodty business enterpnses
(MBE) are utilized, the contractor shall furnish
documentation o! all reasonable, good faith
efforts to rec~it MBEs.
Listing of minority contractors is available at
the City, and can be obtained from the Civil
Rights SpeciaJist at the Iowa City Civic Center
by calling 319.356,5022.
By virtue of statutory authority, preference
will be given to products and provisions grown
and coal preduced within the State of Iowa, and
to Iowa domestic labor, to the extent lawfully
required under Iowa Statutes. The Iowa
Reciprocal Preference Act Section 23.21, Code
of Iowa (1991), applies to the contract with
respect to Bidders who are not Iowa residents.
The City reserves the right to defer
acceptance of any Bid for a period not to
exceed 45 calendar days after the date Bids
are to be received.
The City reserves the right to consider such
factors as time of completion of the Work,
matellis and methods of construction,
experience and responsibility of the Bidder, and
similar factors in determining which Bid it
deems to be in Ifs best interests.
The City rase.ryes the.right to reject any or
all Bids, to waive informalities or technicalities
in any Bid and to accept the Bid which it deems
to be In the best interest of the City.
Published by order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
Prepared by: Chades Schmadeke, Director of Pubhc Works, 410 E. Washington St., Iowa City. IA 52240
{319)356-5141
RESOLUTION NO. 96-162
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST AIVIENDMENT NO. 4 TO THE AGREEMENT DATED OCTOBER 26,
1993, BETWEEN STANLEY CONSULTANTS, INC., OF MUSCATINE, IOWA,
AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING
CONSTRUCTION OF CONTRACT 2 -- NAPOLEON PARK PUMPING STATION
AND NORTH PLANT IMPROVEMENTS PROJECT.
WHEREAS, on the 26th day of October, 1993, the City of Iowa City, Iowa and Stanley
Consultants, Inc. entered into an agreement for consulting services for improvements to the
wastewater treatment and collection facilities; and
WHEREAS, the City received bids and awarded a contract for construction of Contract 2 -
Napoleon Park Pumping Station and North Plant Improvements Project (Project); and
WHEREAS, it is desirable for Stanley Consultants, Inc. to provide limited engineering
consulting services during Project construction; and
WHEREAS, staff has negotiated Amendment No. 4 to the October 26, 1993 Agreement with
Stanley Consultants, Inc.; and
WHEREAS, the City Council deems it in the public interest to enter into the amended
agreement with Stanley Consultants. Inc., for limited engineering consulting services during
construction of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Amendment No. 4 to the Consultant's Agreement attached hereto is in the public
interest, and is approved as to form and content.
The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant's Agreement.,
Passed and approved this 4th day of June ,1996.
CIT?'~LERK
City Attorney's Office
Resolution No., 96-162
Page 2
It was moved by I(ubb5, and seconded by
adopted, and upon roll call there were:
~orton
AYES: NAYS: ABSENT:
.._X Baker
X Kubby
X Lehman
X Norton
X Novick
--.X Thornberry
X Vanderhoef
the Resolution be
AMENDMENT NO. 4
CONSULTANT AGREEMENT
CITY OF IOWA CITY, IOWA
AND
STANLEY CONSULTANTS, INC.
WHEREAS, on the 26th day of October 1993, the City of Iowa City, Iowa (CITY) and Stanley
Consultants, Inc. (CONSULTANT) entered into an Agreement for consulting services for improvements
to the wastewater treatment and collection facilities and
WHEREAS the Parties desire to amend said Agreement,
THEREFORE, the Parties agree as follows:
A. Part 1 - SCOPE OF SERVICES, side heading D. Construction Phase, is amended to add Item
2. as follows:
2. Contract 2
a. Attend Preconstmction Conference and four Progress Meetings.
Review CONTRACTOR'S shop drawing submittals for conference with the design
concept of the Project and compliance with the information given in the Contract Docu-
ments. Reviewed shop drawings with review comments, if any, shall be transmitted to
CITY.
c. Review acceptability of substitute materials and equipment proposed by CONTRACTOR.
d. Interpret and make determinations with regard to requirements of Contract Documents.
Make site visits to observe construction work and report observations to CITY. Site
visits shall be once per month and not more than one working day duration. CITY shall
retain primary responsibility for observation and inspection of the progress and quality
of construction work. CITY shall provide certification to Iowa Department of Natural
Resources that Project was constructed in accordance with approved plans and specifica-
tions.
Witness performance testing of control equipment hardware and software at system
integrator's facility for a period not to exceed five (5) working days duration. Perfor-
mance testing includes:
Check out the Napoleon Park Pumping Station PLC Enclosure for compliance with
Specification Section 15972.
· Verify panel wiring by simulating PLC inputs at field interface terminals and measur-
ing PLC outputs at field interface terminals for Napoleon Park Pumping Station PLC.
· Verification of "Software Functions" within SCADA, as defined in Exhibit 'C' of
the Project Manual for Contract 2.
· Verification of control logic operation within the Napoleon Park Pumping Station
PLC, as defined in Exhibit 'D' of the Project Manual for Contract 2.
2
* Verification of SCADA screen layouts and evaluation of screen navigation methods.
,, Verification of Napoleon Park Pumping Station PanelView screen layout.
· Check out fiber optic communication between simulated sites.
· If control logic is available within a temporary PLC, verification of flow sequencing
at the North Plant based on influent flows.
· Verification of preconfigured reports as shown in Exhibit 'J' of the Project Manual
for Contract 2.
· Verification of inputs and outputs from the existing PLCs at the North and South
Plants to the new SCADA System.
~, Check out modifications to existing PLC logic.
g. Perform on-site commissioning of control systems for a total time not to exceed fifteen
(15) working days duration. On-site commissioning includes:
Verification of all PLC inputs and outputs associated with the new SCADA System
from each existing PLCs.
,, Evaluation of modifications to all existing PanelViews.
,, Verification of "Software Functions" within SCADA, as defined in Exhibit 'C' of the
Project Manual for Contract 2 for new logic assigned to existing PLCs.
· Verification of control logic operation for new logic, as defined in Exhibit 'D' of the
Project Manual for Contract 2. The major component of this shall be flow sequenc-
ing at the North Plant based on influent flows, if not covered during Factory Perfor-
mance Testing.
Additional services available, but not included in Amendment No. 4 are:
,' Instrumentation calibration monitoring.
· Troubleshooting of installation problems.
· Assistance in field modifications to PLC or SCADA logic.
· Involvement with on-site training, such as report generation.
h. Conduct final inspection with CITY to assist CITY in determining if the Project has been
fully completed in accordance with the Contract Documents.
i. Prepare Record Drawings showing those changes made during construction, based on
information furnished by the CITY. Provide one set of reproducible drawings, one set
of full size prints, and a CADD data file of these Record Drawings.
3
B. Part IV - COMPENSATION FOR SERVICES, side heading B., Methods and Amount, Item 1.,
is mended to add Construction Phase - Contract 2 as follows:
Phase Description Lump Sum Fee
Construction Phase - Contract 2 $126,000
The above Amendment is for the purpose of authorizing the CONSULTANT to proceed with
additional Construction Phase services for the Project and to set the means of compensation therefor.
All other terms and conditions of the original contract remain in force and effect, except as mended
hereto by these additions.
FOR THE CITY
Title: P~/I)tot'( Title:
Date: dune 4, 1996 Date:
FOR THE CONSULTANT
Approved by: ,..
City Attorney s Office
Date: June 4, 1996
cka:kc iea19.~c.amend 4
Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 96-163
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
'1996 SANITARY AND STORM SEWER PROJECT.
Dev.elop- .
WHEREAS, L.B. Inc/C. and L. men~: _oT Iowa City, Iowa hassubmitted
the lowest responsible bid of $ 71,272.40 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:
Contract for the construction of the above-named Project is hereby awarded to
L.B. Inc/C. and L. Development of Iowa City, Iowa subject to the
condition that awardee secures adequate performance and payment bonds, insurance
certificates, and contract compliance program statements.
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 secures
adequate performance and payment bonds, insurance certificates,' and contract
compliance program statements.
Passed and approved this 4th day of June
, 1996.
ATTEST: '~.~.~ ~. ' '~.
CITY'CLERK
MAYOR '~(.~ c~,.,j <~).
Ap, pr~ed by
City Attorney's Office
Resolution No, 96-163
Page 2
It was moved by Vandechoef and seconded by
adopted, and upon roll cell there were:
AYES: NAYS:
X
X
Baker
ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
No¥ick
Thornberry
Vanderhoef
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
June 4, 1996
City Manager and City Council
Rick Fosse, City Engineer
re:
1996 Sanitary and Storm Sewer Project
Public Works and Engineering recommends award of the contract for the above referenced
project to L, B. Inc./C. and L, Development of Iowa City, Iowa.
cc: Daniel Scott, Civil Engineer
_ADVERTISEMENT FOR BIDS
1996 SANITARY AND STORM
SEWER PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 28th day of May, 1996, and shall be
received in the City Clerk's office no later than
said date and time. Sealed proposals will be
opened immediately thereafter by the City Engi-
neer. Bids submitted by fax machine shall not be
deemed a 'sealed bid~ for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be held in the Council
Chambers at 7:30 P.M. on the 4th day of June,
1996, or at such later time and place as may
then be scheduled.
The Project will involve the following:
110 LF of 8-inch PVC truss pipe sanitary
sewer, 220 LF of 12-inch RCP storm sewer,
90 LF of 29-inch RCP storm sewer, 17 LF of
15-inch RCP storm sewer, storm sewer
structures, 560 SY of PCC street removal
and replacement, place 300 CY of fill materi-
al, and other associated work.
All work is to be done in StdCt compliance with
the plans and specifications I~repared by Richard
A. Fosse, P.E., City Engineer of Iowa City, Iowa,
which have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied
in a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid secudty shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited tO the City of
Iowa City in the event the successful bidder fails
to enter into a contract w~thin ten (10) calendar
days and post bond satisfactory to the City
insudng the faithful pedormance of the contract
and maintenance of said Project, if required,
pursuant to the provisions of this notice and the
other contract documents. Bid bonds of the
lowest two or more bidders may be retained for
a period of not to exceed fifteen (15) calendar
days until a contract is awarded, or until rejection
is made. Other bid bonds will be returned after
the canvass and tabulation of bids is completed
and reported to the City Council.
The successful bidder will be required to
furnish a bond in an amount equal to one hun~
dred percent (100%) of the contract price, said
bond to be issued by a responsible surety ap-
AF-1
proved by the City Council, and shall guarantee
the prompt payment of all materials and labor,
and also protect and save harmless the City from
all claims and damages of any kind caused
directly or indirectly by the operation of the
contract, and shall also guarantee the mainte-
nance of the improvement for a period of two (2)
years from and after its completion and formal
acceptance by the City.
The following limitations shall apply to this
ProjeCt:
Working Days: 40
Early Start Date: June 10, 1996
Late Start Date: June 24, 1996
Liquidated Damages: $400 per day
The plans, specifications and proposed con-
tract documents may be examined at the office of
the City Clerk. Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the Office of Richard A. Fosse, P.E.,
City Engineer of iowa City. Iowa, by bona fide
bidders.
A $20 non-refundable fee is required for each
set of plans and specifications provided to bid-
tiers or other interested persons. The fee shall
be in the form of a check, made payable to City
of Iowa City.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms. companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. if no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be ob-
tained from the Iowa Department of Economic
Development at (515) 242-4721.
By wrtue of statuto~/authority, preference will
be given to products and prowsions grown and
ccai produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under iowa Statutes. The iowa Reciprocal
Preference Act applies to the contract with re-
spect to bidders who are not iowa residents.
The City reserves the dght to reject any or all
proposals, and also reserVes the right to waive
technicalities and irraguladties.
Published upon order of the City Council of
iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
AF-2
Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-51140.
RESOLUTION NO. 96-164
RESOLUTION AUTHORIZING ACQUISITION OF PERMANENT AND TEMPO-
RARY CONSTRUCTION EASEMENTS AT 2408 WHISPERING PRAIRIE AVENUE
FOR THE CONSTRUCTION OF THE 1996 STORM AND SANITARY SEWER
PROJECT.
WHEREAS, the City of Iowa City has undertaken a project to install storm sewer on the
property at 2408 Whispering Prairie Avenue as part of the 1996 Storm and Sanitary Sewer
Project; and
WHEREAS, the Project includes installation of storm sewer and a permanent structure in close
proximity to an existing property line; and
WHEREAS, the Engineering Division has deemed the acquisition of permanent and temporary
construction easements necessary to ensure viable construction and maintenance of said
installed storm sewer; and
WHEREAS, the property owners at 2408 Whispering Prairie Avenue have been advised of the
City's intent and have agreed to convey said easements to the City of Iowa City; and
WHEREAS, the City Council has been advised and has determined that the acquisition of both
permanent and temporary construction easements is necessary for Project completion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
It is in the public interest to acquire permanent and temporary construction easements
at 2408 Whispering Prairie Avenue for the construction of the improvements included
in the 1996 Storm and Sanitary Project, and acquisition of said permanent and tempo-
rary construction easements constitutes a valid public purpose.
The Mayor and City Clerk are hereby authorized to execute Permanent and Temporary
Construction 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.
Passed and approved this 4th day of June , 1996.
Appj'oved by ~
CIT~ CLERK City A~orney's Office
Resolution No. 96-164
Page 2
It was moved by Raker and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 {319)356-5142
RESOLUTION NO. 96-165
RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF THE
1996 iViAINTENANCE AND REPAIR PROJECT - CAPITOL STREET PARKING RANIP
WHEREAS, Paragon Constructors, Inc., of St. Paul, Minnesota, has submitted the lowest
responsible bid of 8225,812.00 (base bid) plus $20,400.00 (alternate bid No. 1 & No. 2) for
a total bid of 9246,212.00 relative to the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Contract for the construction of the above-named Project is hereby awarded to
Paragon Constructors, Inc., of St. Paul, Minnesota, subject to the condition that
awardee secures adequate performance and payment bonds, insurance certificates,
and contract compliance program statements.
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
secures adequate performance and payment bonds, insurance certificates, and contract
compliance program statements.
Passed and approved this 4th day of ,hme , 1996.
ATTEST:
CIT'f~'CLERK
roved .
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry
the Resolution be
AYES:
X
--X----
NAYS:
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
17 7
ADVERTISEMENT FOR BIDS
1996 MAINTENANCE AND REPAIR PROJECT -
CAPITOL STREET PARKING RAMP
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30 A.M.
on the 28th day of May, 1996, and shall be
received in the Cid' Clerk's office no later than said
date and time. Sealed proposals will be opened
immediately thereafter bythe City Engineer. Bids
subm~ted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project. Proposals
will be acted upon bythe City Council at a meeting
to be held in the Council Chambers at 7:30 P.M. on
the 4th day of June, lg96, or at such later time and
place as may then be scheduled.
The Project will involve the following:
Concrete repair, expansion joint replacement,
waterproofing membrane, and miscellaneous
repairs.
All work is to be done in strict compliance with the
plans and specitications prepared by Shive-Hattery,
Inc., of Iowa C~, Iowa, which have heretofore been
approved by the City Council, and are on file for
public examina~on in the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied In
a sealed envelope, separate from the one contain-
ing the proposal, by a bid bond executed by a
corporation authorzeal to conEact as a surety in the
State of Iowa, in the sum of 10% of the bid. The
bid security shall be made payable to the TREA-
SURER OF THE CITY OF IOWA CITY, IOWA, and
shall be forfeited to the City of Iowa City in the
event the successful bidder fails to enter into a
contract within ten (10) calendar days and post
bond satisfactory to the C~y insuring the faithful
performance of the contract and maintenance of
said Project, if required, pursuant to the provisions
of this notice and the other contract documents.
Bid bonds of the lowest two or more bidders may
be retained for a period of not to exceed fifteen (15)
calendar days until a contract is awarded, or until
rejection is made. Olher bid bonds will be returned
after the canvass and tabulation of bids is
completed and reported to the City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred percent
(100%) of the contmc~ price, said bond to be Issued
by a responsible surety approved by the City Coun-
cil, and shall guarantee the prompt payment of all
materials and labor, and also pro~ect and save
harmless the City from all claims and damages of
any kind caused diractiy or Indirectly by the opera-
tion of the contract, and shall also guarantee the
maintenance of all Improvements for a period of
two (2) years, except for waterproofing membrane
and expansion joint replacement which shall be
AF-1
guaranteed for a period of five (5) years, from and
after its completion and formal acceptance by the
City.
The following limitedens shall apply to this Pro-
Ject:.
Working Days: 60
Specified Start Date: June 17, 1996
Uquidated Damages: $200 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Coples of said plans and specifications
and form of proposal blanks may be secured at the
Office of Shive-Hattery, Inc., Iowa City, Iowa, by
bona fide bidders.
A $25.00 non-refundabis fee is required for each
set of plans and specificafions provided to bldders
or otherinterested persons. The fee shall be in the
form of a check, made payable to Shive-Hattery,
Inc.
Prospective bidders are advised that the City of
Iowa City desires to employ mino~y contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
pares with whom the bidder Intends to subcon-
tract. This list shall Incfude the type of work and
approximate subcontract amount(s).
The Contrader awarded the contract shall submit
a list on the Form of Contract of the pmposad
subconlractom, together with quantifies, unit prices
and extended dollar amounts. If no minority bus!-
heSS enterprises (MBE) are ~]ized, the Contractor
shall furnish documsntafion of all reasonable, good
faith efforts to recruit MBE's.
A lisfing of minority contractors can be obtained
from the Iowa Department of Economic Develop-
ment at (515) 242-4721.
By virlue of statutory authority, preference will be
given to products and provisions gro?m and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal Prefer-
ence Act applies to the contract with respect to
bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA {319)356-5144
RESOLUTION NO. 96-166
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE iViAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY
CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT
SERVICES 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 construct necessary facilities to
convev leachate from landfilling operations of the currently permitted site; 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, 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.
AND BE IT FURTHER RESOLVED THAT 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 4th day of June
,1996.
CITY CLERK
MAYOR
City Attorney's Office
ppweng\landfill.res
Resolution No. 96-166
Page 2
It was moved by Kubb.v and seconded by
adopted, and upon roll call there were:
Bake~
AYES: NAYS: ABSENT:
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of June
1996 . 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/oCv~ntsY and operates the Iowa City Sanitary Landfill; and
WI--IEREAS, it is necessary to construct a force main and a gravity extension to the City's sanitary
sewerage collection system to convey leachate generated at the Iowa City Sanitc- ry Landfill to the
Iowa City Water Pollution Control Facility; and
WHEREAS, Professional Engineering services are required to provided for the design,
procurement of bids for construction and for construction observation to assure compliance with
the plans and specifications for said force main and sanitary sewer extension project.
NOWTHEREFORE, it is agreed by and between the parties hereto that the City does now contract
with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
PRELIMINARY ENGINEERING DESIGN
Complete preliminary field surveying for the force main and gravity sewer extension along an
existing easement and to coincide with proposed sewer alignment east of Slotbower Road and
south of the Johnson County Home. Also, vedfy the compatibility of the hydraulic design for the
force main and gravity sewer extension with that for the leachate pumps at the landfill.
Review preliminary design with C~ty staff prior to proceeding with final design.
FINAL ENGINEERING DESIGN
Complete the final engineering design and prepare construction drawings, specifications, project
manual, and engineer's opinion of probable cost, to include necessary documents for the
solicitation of bids by the City. Also, place plans, specifications, bid documents and engineer's
opinion of probable cost on file with the City and submit same, as required, to IDNR for its approval
and subsequent issuance of an amendment to the City's Sanitary Landfill Qperating Permit, to
allow for the construction of the designated improvements.
PROJECT ADMINISTRATION
With the assistance of City Engineering Department staff, conduct a pro~bid conference, assist with
bid letting preparation, receive construction bids. and make recommendations for award of
contract(s), to include preparation of contract documents for signature by the successful contractor
and City officials.
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Provide services dunng the construction phase of the project, to include; construction staking,
construction observation, preparation of final (as-constructed) drawings, and submittal of
Engineer's Certification to IDNR as required to receive the agency's approval to commence
operation of the completed system.
Issue interpretations and clarifications of the project documents. Consultant will review shop
drawings, samples, and other data which the Contractor may be required to submit, for
conformance with the design concept of the project.
Evaluate the acceptability of substitute materials and equipment as may be proposed by the
Contractor.
Finally, provide for administration of the construction contract, including processing of contractor's
pay requests and related documentation.
II, TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown.
Preliminary Design -
Within twenty-one (21) calendar days after execution of this
Agreement by the Iowa City Council.
Final Design -
With/ti~nrty (30) calendar days after review of preliminary
design with City Engineering staff.
Project Letting
Date To Be Determined
Project Administration -
Commensurate with the agreed to schedule for construction
of the project.
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and agrees to
prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color, religion, sex,
national origin, disability, age, martial status, or sexual orientation, or' gender 'identit.y.
2. To discriminate against any individual in terms, conditions, or privileges of employment
because of their race, color, religion, sex, national odgin, disability, age, marital status,
or sexual orientation., or gender 'identit,y.
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' wdtten notice to the Consultant.
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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.
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 dght to employ such assistance as may be required for the
performance of the Project.
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.
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.
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.
The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, copies of all basic notes and sketches, charts, computations, and any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost, and
without restrictions or limitation as to the use relative to specific projects covered under this
Agreement. In such event, the Consultant shall not be liable for the City's use of such
documents on other projects.
The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of
a professional engineer affixed thereto or such seal as required by Iowa law.
The City agrees to tender the Consultant all fees in a timely manner, excepting, however,
that failure of the Consultant to satisfactorily perform ir~ 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.
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.
Odginal contract drawings shall become the property of the City. The Consultant shall be
allowed to keep mylar reproducible copies for the Consultant's own filing use.
Fees paid for securing approval of authorities having jurisdiction over the Project will be
paid by the City.
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IV. COMPENSATION FOR SERVICES
As compensation for the Professional Engineering Services described herein, the City agrees to
pay Consultant the sum of $43,000.00. Consultant will invoice the City monthly for services and
reimbursable expenses. Payment shall be due and payable within thirty (30) days of City's receipt
of invoice.
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and that no
other monies or considerations have been solicited.
C. The City will complete all work and assume all costs associated with procurement of all
easements required for this project.
FOR THE CITY
Title:
Date:
FOR THE CONSULTANT
By:
Date:
pmved- y
City Attorney's Office
O:~PROJ\719740~GREMENT
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