HomeMy WebLinkAbout1996-11-19 ResolutionRESOLUTION NO. 96-310
RESOLUTION TO REFUND CIGARETTE PERMIT
WHEREAS, Seaton's Market at 1331 Muscatine Avenue
Iowa, has surrendered cigarette permit No. 97-2 , expiring June 30
19 97, and requests a refund on the unused portion, now thereof,
in Iowa City,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No.
· 97-2 , issued to ~PatNn'~, MarkPt be cancelled and,
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized
and directed to draw a warrant on the General Fund in the amount of $ 50.00 ,
payable to Clyde R. Seaton as a refund on cigarette permit No.
97-2
Passed and approved this 19th day of November
, 1996.
ATTEST:
CITY' CLERK
MAYOR
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
X
X
the Resolution be
X Baker
Kubby
Lehman
Norton
Novick
, .~ Thornberry
Vanderhoef
Prepared by: Liz Osborne, Program Assistant. 410 E. Washington St., Iowa City. IA 52240 319-35e-5246
RESOLUTION NO. 96-311
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,
IOWA CITY, IOWA FOR PROPERTY LOCATED AT 5'18 BOWERY STREET,
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a certain Promissory Note
(Housing Rehabilitation Program Statement of Life Lien), a Promissory Note for Conditional
Occupancy Loan, a Mortgage and a Rehabilitation Agreement, executed by the owner of 518
Bowery Street on August 10, 1989 and on June 2, 1994, recorded in Book 1079, Page 243
and in Book 1761 Pages 212 through 224 in the Johnson County Recorder's Office covering
the following described real estate:
The East twenty-one (21) feet of the South seventy (70) feet, Lot fifteen (15)
Block six (6), Lyon's Second Addition to Iowa City, Iowa, AKA 518 Bowery
Street, Iowa City, Iowa.
WHEREAS, the City's liens total $21,500.00; and
WHEREAS, the University of Iowa Community Credit Union, Iowa City, Iowa proposes to loan
the sum of $13,500.00 to the owner of 518 Bowery Street and to secure the loan by a
mortgage covering the real estate described above; and
WHEREAS, it is necessary that the rehabilitation loans held by the City be subordinated to the
lien of the proposed mortgage in order to induce the University of Iowa Community Credit
Union to make such a loan; and
WHEREAS, University of Iowa Community Credit Union has requested that the City execute
the attached subordination agreement thereby making the City's liens subordinate to the lien
of said mortgage to University of Iowa Community Credit Union; 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 University of Iowa Community
Credit Union, Iowa City, Iowa.
Resolution No. 96-311
Page 2
Passed and approved this 19th day of November
, 1996.
MAYOR
A~EST: 7~_ '_.,.~?.. 'X'<'.
CITY CLERK
It was moved by Lehman _ and seconded by Norton
be adopted, and. upon roll call there were:
the Resolution
AYES: NAYS: ABSENT:
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
SUBORDINATION ~,GREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City. and
University of Iowa Community Credit Union
of Iowa City,~ 52240 , herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain rehabilitation loans which at this time
are in the amount of $ 2,500.00 and $19,000.00 and were executed by
Karen S. 0uiAley, Richard D. HuAill, and Barbara Lee Bailey (herein the Owner).
dated August 10 ,19 89 ,recorded August 28 ,19 89 ,
in Book 1079, Page 243 _ _, and dated June 2 , 1994 ,
recorded June 9 , 19 94, in Book 1761 , Page 212 through
224
, Johnson County Recorder's Office, covering the following described real property:
The East twenty-one (21) feet of the South seventy (70) feet,
Lot fifteen (15) Block six (6), Lyon's Second Addition to
Iowa City, a/k/a 518 Bowery Street, Iowa City, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $ 13,500.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covedng the real property described above; 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
made by the Financial Institution.
NOW. THEREFORE. in consideration of the mutual covenants and promises of the parties
hereto. the parbes agree as follows.
Subordination. The City hereby covenants and agrees with the Financial Institution
that the above noted rehabilitation loan held by the C~ty ~s and shall continue to be
subject and subordinate to the lien of the mortgage about to be made by the Financial
Institution.
2
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundrea and Fifty Dollars ($150.00) and other good and valuable considerahon for its
act of subordination herein.
SUBORDINATION AGREEMENT
Page 2
By
Attest:
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 Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien supedor to the rehabilitation loan of the City.
Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this If'h(" day of
CITY OF IOWA CITY
FI.N,~NCIAL INSTITUTION
Mayor ROD SCHULTZ, 2ND V.P.¢LOAN 0FFZCER
By
By
cit -.-) ,,~.
ClTY'S ACKNOWLEDGEMENT
/"1 APproved B
City Attorne¥'a Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /¢-,~z day of
, 199.1-, before me, the undersigned. a
of Iowa, personally appeared
Notary Public in and for the State
,',.~z,,~; ~.. ~Q~c~( and Marian K. Karr, to me personally known, and, who,
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the
City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (Ordinance) (Resolution) No.
passed (the Resolution adopted) by the City Council, under Roll Call No --- -- of the
Cit~y Council on the [~;~' day of /q~,.-./:~- 19 ~;z. , and that
,'Qw~.-,.', :5-_ ^'%..,~;~. and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed.
Notary Public in and for the State of Iowa
SUBORDINATION AGREEMENT
Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 8~F~I day of NOVEHB~
undersigned, a Notary Public in and for the
RODNEY A SC[-]b%'~ and --
being by me duly sworn, did say that they are
, respectively, of said
, A.D. 19 96 , before me, the
State of Iowa, personally appeared
, to me personally known, who
the 2ND VICE-PRESIDENT and
corporation executing the within and
foregoing instrument to which thls Is attached, that said instrument was signed and ,sealed
on behalf of said corporation by authority of its Board of Directors; and that the said -'
2ND VICE-PI~,J~,S~D]~I' 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.
Public in and for the State of Iowa
£~r'- ~-~ 47
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO. 96-312
RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN AND PUBLIC
IMPROVEMENTS FOR D AND L SUBDIVISION,
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:
Water main improvements for D and L Subdivision, as constructed by Daniel K. Yoder &
Son of Wellman, Iowa.
WHEREAS, a maintenance bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE tT 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 all
dedications and public improvements are hereby formally accepted.
Passed and approved this 19th day of November ,1996.
MAYOR
ATTEST:cl~ ~' ~
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
pweng\d&l*sub.res
Approved by-~ ~
C~ty Attorney's Office //-/c/_ ,~-
Norton
the Resolution be
ABSENT:
X Baker
Kubby
Lehman
Norton
Novick
...X . Thornberry
Vanderhoef
ENGINEER'S REPORT
CITY OF IOWA CITY
November 7, 1996
Honorable Mayor and City Council
Iowa City, Iowa
RE: D and L Subdivision
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the water main improvements for D and L
Subdivision 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 water main
improvements constructed by Daniel K. Yoder & Son of Wellman, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Si0cerely,
Richard A. Fosse, P.E. /~L~
City Engineer
Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5142
RESOLUTION NO, 96-313
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR USE OF
PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, ARLINGTON
L.C., AND WINDSOR RIDGE HOMEOWNERS' ASSOCIATION FOR PLACEMENT
OF STREET SIGNS ON STREET RIGHT-OF-WAY WITHIN THE WINDSOR RIDGE
DEVELOPMENT.
WHEREAS, Arlington L.C. ("Arlington") is the subdivider of Windsor Ridge in Iowa City,
Johnson County, Iowa; and
WHEREAS, Arlington and the Windsor Ridge Homeowners' Association ("Homeowners'
Association") have certain responsibilities, by reason of the subdivision agreements, for
maintenance of certain portions of right-of-way within the development; and
WHEREAS, Arlington and the Homeowners' Association seek City approval to locate
distinctive street signs within the Canterbury Court and Arlington Drive right-of-ways, which
are City streets located in the Windsor Ridge development; and
WHEREAS, the public interest would be served in granting approval of an Agreement for Use
of Public 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
A public purpose is served by the placement of signs which identify the development;
and
WHEREAS, the Department of Public Works has approved the location of the street signs; and
WHEREAS, an Agreement for Use of Public Right-of-Way containing such conditions has been
prepared and is attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Agreement for Use of Public Right-of-Way attached hereto is approved as to form
and content.
Resolution No. 96-313
Page 2
The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use
of Public Right-of-Way, for and on behalf of the City of Iowa City, Iowa, and the City
Clerk is hereby directed to record a certified copy of this Resolution along with a copy
of said Agreement in the Johnson County Recorder's Office at Arlington's expense.
Passed and approved this 19th day of November
,1996.
Approved by
ATTEST: ~
CITY-CLERK
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
Norton
ABSENT:
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF
IOWA CITY, ARLINGTON L,C., AND WINDSOR RIDGE HOMEOWNERS'
ASSOCIATION
This Agreement is made by ant' between Arlington, L.C., an. Iowa corporation ("Arlington"),
the City of Iowa City, Iowa, a municipal corporation ("City"), and the Windsor Ridge
Homeowners' Association, an Iowa nonprofit corporation ("Homeowners' Association").
WHEREAS, Arlington is the developer of certain real estate legally described as Windsor Ridge
Subdivision; and
WHEREAS, the Homeowners' Association has certain responsibilities, by reason of the
subdivision agreements, for maintenance of certain portions of the right-of-way within the
development; and
WHEREAS, Arlington and Homeowners' Association seek City approval to locate distinctive
street signs within the Canterbury Court and Arlington Drive right-of-ways located within the
subdivision; and
WHEREAS, the public interest would be served in granting approval of an Agreement for Use
of the Canterbury Court and Arlington Drive right-of-ways 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 street; and
WHEREAS, the Department of Public Works has approved the location of the street signs; and
WHEREAS, the City agrees to allow use of the Canterbury Court and Arlington Drive right-of-
ways for said specific purposes, subject to the terms and conditions herein.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN,
IT IS AGREED AS FOLLOWS:
Arlington shall be allowed to install and the Homeowners' Association shall maintain
street signs located within thededicated Canterbury Court and Arlington Drive right-of-
ways, subject to City approval of grading, placement, and design of said signs. The
signs shall be constructed and located according to the attached drawings, and shall
be compatible with placement of sidewalks and street curbs. Arlington and the
Homeowners' Association further agree that the street signs shall be located a
minimum of a three (3) foot clearance from the street paving, and a minimum of a one
(1) foot clearance from the sidewalks.
o
Arlington and the Homeowners' Association agree the street signs shall not exceed
twenty-four (24) inches in height,
Arlington agrees to construct the street signs in a manner acceptable to the City. The
Homeowners' Association agrees to maintain the signs in good repair so as to minimize
danger and preserve aesthetic appeal.
In the event that the street signs are to be replaced, for any reason, Homeowners'
Association agrees to replace said signs, 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
agreement, specifically including any and all claims and/or liabilities which may be
alleged against the City as a result of its decision to allow Arlington and the
Homeowners' Association to occupy the Canterbury Court and Arlington Drive right-of-
ways, as herein described.
Notwithstanding the above, the parties agree that Arlington will cease and desist the
use of the public right-of-way and remove the street signs and any and all obstructions
from said right-of-way when any of the following events occur:
a. Breach of this agreement;
The use of the property changes and/or the use of the public right-of-way is no
longer needed or appropriate, as determined by the City; or
Go
Within thirty (30) calendar days after the City gives written notice of removal
to Arlington and/or the Homeowners' 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 4 above, the city may
remove the obstructions, barricade, or signage, and the cost thereof shall be billed to
Arlington for payment to the City. Upon Arlington's failure to pay said billing, all such
costs shall be certified to Johnson County as a statutory lien and assessed against the
property and collected in the same manner as a property tax, as provided in Section
364.12{2)(e), Iowa Code (1995).
Parties agree that no property right is conferred by this grant of permission; that the
City is not empowered to grant a permanent use of its street right-of-way for private
purposes; that the City may order said street signs removed at any time if, for any
other reason, the City Council determines that the property upon which the signs are
located should be cleared of any and all obstructions.
2
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 the Homeowners' Association, according to the Subdivider's
Agreement and according to the Declaration of Homeowners' Association separately
established.
Dated this I~~ day of
CITY OF IOWA CITY
ARLINGTON, L.C.
By:
WINDSOR RIDGE HOMEOWNERS' ASSOCIATION
B y:
Approved by:
pweng/wlndsor.agt
3
STATE OF IOWA )
)SS~
JOHNSON COUNTY )
On this /c/'~4~' day of
,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 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 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 the State of Iowa
STATE OF ~ )
)SS:
COUNTY OF ~~ )
On this \~4~_ day of /k.bc)jtjr~t.¢ , 1996, before me, the undersigned Notary Public in and
for the State of ~ , personally appeared (_.~,,,-~.~ t_.,-~c,'~% , to me person-
ally known, and who being by me duly swom did say that he is the ~¢~_x-,.,~,.,~ of
Arlington L.C., executing the within and foregoing instrument, that the seal affixed thereto is
the seal of said corporation; that said instrument was signed and sealed on behalf of said
corporation; that the said (-~c~,~.4 t~_.-.-.-.-.-.-.-.~'~ acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by him voluntarily executed.
Notary Public m and'f'of the State of -~-~
STATE OF IOWA )
)SS:
COUNTY OF JOHNSON )
On this ,~'day of ~k.3oJ~cr-¢ , 1996, before me, a Notary Public in and for the State of
Iowa, personally appeared ~,,L& L.,._~ , to me personally known, who
being by me duly sworn, did say that he is the ~c:c~vc\ ¥%t~,~'~4-'of the VV~ndsor 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 _~a~t..~ ~'~Jr-. acknowledged the execution of the
instrument to be the voluntary act and deed of the Homeowner's Association by it, and by the
voluntarily executed.
Notary Public i~the State of Iowa
4
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STREET SIGN - SITE LAN MMS Co~s~.T~m~, l~c. ~
~NDSOR RIDGE . mo-~ ~.~ ~ ~
iOWA CITY. iOWA ~ d~ ~
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Overall Dimension: 8'w x 2'h Scale: 1" = i'~
RESOLUTION NO,
RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING
BETWEEN THE CITY OF IOWA CITY AND THE ELKS GOLF AND COUNTRY
CLUB REGARDING FOSTER ROAD EXTENDED AND GOLF COURSE CHANGES
IN CONNECTION WITH THE NEW WATER TREATMENT PLANT.
WHEREAS, City Staff was directed to negotiate with the Elks Golf and Country Club ("Elks
Club") in lieu of condemnation for property rights needed for the City's development of the
now Water Treatment Plant and Foster Road extended and to allow the Elks Club to continue
to operate a golf course, if possible; and
WHEREAS, City Council now wishes to enter into a letter of understanding to acquire property
rights in lieu of condemnation and to convey and lease certain property to the Elks Club to
build two additional golf course holes to replace those which will be lost by the City's
acquistion of the aforementioned property rights.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The letter of understanding to acquire property rights from the Elks Club in lieu of
condemnation and in exchange for the City conveying and leasing land to the Elks Club
for the construction of two additional golf holes to replace those lost by reason of the
City's acquisition of the aforementioned property rights, is hereby approved as to form
and substance.
The City Attorney is directed to carry out all necessary procedures to consummate the
acquisition of said property rights, as agreed.
Passed and approved this
day of , 1996.
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
MAYOR
and seconded by
AYES: NAYS:
City Attorney's Office
the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
RESOLUTION AUTHORIZING CONVEYANCE BY SALE AND/OR LEASE OF
LAND ADJACENT TO THE ELKS GOLF AND COUNTRY CLUB.
WHEREAS, the City Council has considered a "letter of understanding" between the City of
Iowa City and the Elks Golf and Country Club ("Elks") regarding the improvement of Foster
Road and the development of the new Water Treatment Plant; and
WHEREAS, said agreement is in the public interest, and contemplates that certain land will
be conveyed to the Elks, and that the Elks in turn will convey certain easements to the City
for a sanitary sewer and water main, together with a permanent well access road/recreational
trail easement;
WHEREAS, on September 10, 1996, a public hearing was held on the proposed conveyance
and lease before the City Council and the City Council on August 27, 1996 adopted a
Resolution declaring its intent to convey and lease said property; and
WHEREAS, following public hearing on the proposed conveyance and lease, the City Council
finds that the conveyance and lease is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The Mayer and the City Clerk are authorized to execute the documents necessary to
carry out the intent of the letter of understanding.
The City Attorney is hereby authorized to carry out all actions necessary to
consummate the conveyance and lease, as required by law.
Passed and approved this
day of ,1996.
ATTEST:
CITY CLERK
MAYOR
City Attorney's Office
Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
RESOLUTION NO. 96-314
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
JOHNSON COUNTY FOR PARATRANSIT SERVICES DURING THE SECOND SIX
MONTHS OF FY97.
WHEREAS, it is in the public interest to provide paratransit service to Iowa City residents who
have special transit needs due to disability; and
WHEREAS, the Johnson County SEATS program is designed to provide paratransit service for
persons with disabilities; and
WHEREAS, an agreement has been negotiated by the City of Iowa City and Johnson County
for the provision of paratransit service within the City of Iowa City during the second six
months of FY97, and a copy of said agreement is attached and by this reference made a part
hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That the 28E agreement for paratransit service between the City of Iowa City and
Johnson County is hereby approved.
That the Mayor is hereby authorized to execute and the City Clerk to attest said
agreement.
That the City Clerk is directed to file said agreement with the Secretary of the State
of Iowa and the Johnson County Recorder, as required by Chapter 28E, Code of Iowa.
Passed and approved this 19th day of November
,1996.
ATTEST: ~~ CITY CLERK
iccogtp\28Eagt.
MAYOR
City Attorney's Office
Resolution No. 96-314
Page 2
and seconded by
It was moved by ~uhby
adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
the Resolution be
Baker
Kubb¥
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5252
28E AGREEMENT FOR PARATRANSIT SERVICE BETWEEN
THE CITY OF IOWA CITY AND JOHNSON COUNTY
FOR THE SECOND SIX MONTHS OF FY97
This Agreement is made and entered into by and between the City of Iowa City, Iowa,
hereinafter referred to as Iowa City, and Johnson County, Iowa, hereinafter referred to as the
County.
Section I. Scope of Services
The County shall provide paratransit service consistent with the Americans with Disabilities
Act to Iowa City through the Johnson County SEATS program. Paratransit is public transit
service for persons who, for reasons of disability, are unable to use fixed-route transit service.
"SEATS" is an acronym for Special Elderly and Handicapped Transportation Services.
Section II, General Terms
The paratransit service area for Iowa City shall be the corporate limits of the City of
Iowa City.
The paratransit service shall commence January 1, 1997, and continue for six months
through and including June 30. 1997.
The paratransit service shall be operated within the corporate limits of Iowa City from
6:00 a.m. until 10:30 p.m. Monday through Friday; 6:00 a.m. until 7:30 p.m. on
Saturday; and 8:00 a.m. until 2:00 p.m. on Sunday. The operation of paratransit
service shall specifically include Martin Luther King's Birthday, Presidents Day,
Veterans Day, and the day after Thanksgiving. The paratransit service shall operate a
holiday schedule consistent with Iowa City Transit.
The paratransit service shall be operated as door-to-door service. If requested, Johnson
County SEATS operators shall assist passengers from the door of the origin tothe door
of the destination of each trip, including assistance in carrying groceries and packages.
Johnson County SEATS operators shall be sensitive to the needs of passengers with
disabilities. Iowa City reserves the right to require sensitivity training of Johnson
County SEATS operators.
The paratransit service shall be operated with a $1.50 fare. Fa~es collected shall be
retained by the County. Fare revenue collected in excess of $15,400.00 between
January 1, 1997, and June 30, 1997, will be refunded to Iowa City. The only
exceptions to the $1.50 fare shall be specific individuals designated by Iowa City as
being entitled to a discount of the $1.50 fare. Fare revenue shall be reconciled with
the daily trip sheets by Johnson County SEATS and fully accounted for in Johnson
County SEATS records, which records shall be available for inspection by Iowa City
upon request.
The paratransit service will be predicated on the following number of vehicle hours per
day operated in integrated service for Iowa City and Johnson County:
# of Vehicle
Time Period Vehicles* Hours/Day*
M-F 6-7 A.M. 2
M-F 7 a.m.-5 p.m. 11
M-F 5 p.m.-10:30 p.m. 2
Sat. 6-8 a.m. 2
Sat. 8 a.m.-2 p.m. 4
Sat. 2 p.m.-7:30 p.m. 2
Sun. 8 a.m.-2 p.m. 4
2
110
11
4
24
11
24
*Includes City of Coralville
Based on paratransit service demand, Johnson County SEATS may operate a greater
or lesser number of paratransit vehicles during the various time periods. Iowa City shall
retain the right to direct Johnson County SEATS to operate a specified number of
vehicles in each time period.
Vehicles operated by Johnson County SEATS shall be clearly marked as City of Iowa
City, and Johnson County (including City of Coralville) paratransit vehicles. Iowa City
shall provide signage for the purpose of identifying vehicles that are in use as Iowa
City-Johnson County (including City of Coralville) paratransit vehicles. Vehicles and
personnel used to provide Iowa City-Johnson County paratransit service shall be neat
and clean in appearance.
The County shall. be familiar with the Johnson County Council of Governments
(hereinafter "JCCOG") Complementary Paratransit Plan for the Iowa City Urbanized
Area, and will conduct the paratransit service consistent with said document. This will
include Iowa City's determination of rider eligibility based on a certification process.
Johnson County SEATS shall notify Iowa City of requests for ADA certification on a
weekly basis, at which time the applicant shall be entitled to continue to use SEATS
for a 21-day grace period. It shall be Iowa City's responsibility to notify Johnson
County SEATS as to whether the applicant is ADA eligible. Otherwise the applicant
shall remain eligible for paratransit service. Priority for the paratransit service will be
given to persons certified under the ADA. The County will accept trip requests during
office hours on all days prior to the date of the requested service, and will accept
requests for Monday trips made on the prior Sunday.
The dispatching function shall be provided by Johnson County SEATS employees. In
addition to dispatching the paratransit service, Johnson County SEATS will dispatch
trip requests for non-lift equipped paratransit service through a supplemental private
taxi contract. The taxi service is intended to provide supplemental rides for ADA-
eligible persons not requiring a lift-equipped vehicle during times when capacity is not
available on SEATS vehicles. The supplemental taxi service shall be dispatched
according to requirements of the supplemental taxi service contract between Iowa City
and Johnson County.
3
10.
11.
12,
13.
14.
15.
16.
The following no-show policy shall be in effect: A no-show shall be defined as the
failure to cancel a scheduled ride at least thirty (30) minutes before the scheduled
pickup time. If a rider is a no-show two or more times in any given thirty (30) calendar
day period, Johnson County SEATS will attempt to contact the rider to determine the
legitimacy of the problem. The County shall notify Iowa City of any riders that have
been no-shows two or more times within a 30-day period. Upon notification, Iowa City
shall send a written warning to the rider stating that failure to cancel two (2) times in
the next 30-day period will result in suspension from paratransit service. This no-show
policy includes rides scheduled under the supplemental taxi contract.
Johnson County SEATS shall maintain reporting statistics required by the Federal
Transit Administration National Transit Database (formerly Federal Section 15 system).
In addition, Johnson County SEATS shall implement a management information system
consisting of information for each trip provided using the form attached and identified
as "Form A." Form A information shall be accumulated on a weekly basis and
submitted to Iowa City no later than Wednesday of the following week. Iowa City
Transit employees shall assist Johnson County SEATS in implementing the documenta-
tion of all trips using Form A, Johnson County shall use a computerized management
information system, which will enable Iowa City to receive Form A information in a
summary format. Johnson County SEATS shall provide Iowa City with a list of all
riders referred to in the supplemental taxi service on a weekly basis.
Johnson County SEATS shall comply with the Federal Transit Administration drug and
alcohol testing requirements, and shall be responsible for any and all costs associated
with said drug and alcohol testing requirements. The County shall certify that they
have not been debarred from federally funded contracting. Johnson County SEATS
shall comply with any other requirements required by the Federal Transit Administra-
tion. Johnson County SEATS employees shall have all commercial drivers licenses
required by Iowa law. The County agrees to be responsible for the acts of Johnson
County SEATS employees while on duty, except as otherwise prohibited by law.
Before commencing work under this contract, Johnson County SEATS shall submit
proof of insurance meeting the City of Iowa City Class 11 requirements.
Johnson County SEATS shall consider all requests for service from the public
consistently. Requests for service which exceed the level of service provided to the
general public of Iowa City according to the provisions of this Agreement shall require
a separate contract between Iowa City and the County. Provisions of separate contract
service by Johnson County SEATS shall not diminish the provisions of service to Iowa
City according to the requirements of Section II, paragraph 6 herein.
Johnson County SEATS shall be charged $5,000.00 to use the following Iowa City
Transit facilities from January 1, 1997, through June 30, 1997:
Driver's room;
Vehicle wash facilities;
Vehicle storage areas, on a space available basis.
Johnson County SEATS shall be permitted to use the Iowa City Transit Fueling Facility
at a cost of $20.00 per month plus fuel expense.
4
Section Ill. Compensation
The County shall be reimbursed by Iowa City at a rate of $44,038.00 per month, for a total
six month contract fee of $264,228.00. Checks shall be released as payment to the County
on the first check release date of each month by Iowa City. These amounts represent the
total six-month fee for the provision of paratransit service by the County to Iowa City for the
six-month period from January 1, 1997 through June 30, 1997.
Section IV. Duration
This Agreement shall be in effect from January 1, 1997 through June 30, 1997. This
Agreement may be modified at any time by mutual written agreement of the parties.
Section V. Exten. t of Agreement
This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder
of Johnson County, Iowa, pursuant to the requirements of Iowa Code §28E.8 (1995).
This Agreement represents the entire agreement between Iowa City and Johnson County for
paratransit service. It may be amended only by a written instrument signed by both parties.
Section VI. Assignment
This Agreement is not assignable without written consent of both parties.
Dated this (? ~-k, day of ~,~_,~,~ , I 996.
CITY OF IOWA CITY, IOWA
Naomi J. Nbvi~:k, Mayor
City Clerk
JOHNSON COUNTY, IOWa
By: eh~r, Cha~ir ~son~~
Don
Board of Supervisors
City Attorney's Office
5
COUNTY ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
,his. of .
~TJ~_A..~) , a Notary Public in and for the State of Iowa, petrsonally
appeared Don Sehr and Tom Slockett, to me personally known, and, who, being by me duly
sworn, did say that they are the Board of Supervisors Chairperson and County Auditor,
respectively, of Johnson County, 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 corporati.on, by authority of its Board of Supervisors, as contained in (Or~)
~rR~s~uti~n,) No. passed (the Resolution-adopted) by the Board of Supervisors,
-ttnr~u[ Roll (~ll No. of-the-Board-~f Supervisors on the ,/~-~ day of
~'~/~P.~z~-/_/~ , 1 9 ~ , and that Don Sehr and Tom Slockett acknowledged the
execution of the instrument to b3their voluntary act and deed and the voluntary act and deed
of the corporation, by it voluntarily executed.
.... --~'- .' .-.Z- '. ..... "~
Notary PulaJ~b in and for the Sta.e of Iowa
CITY ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Onthis /Fv~ day of. /d~_~_~.~_~_~- ,19~C, ,beforeme,
~[~¢'Jr , a Notary Public in and for the State of Iowa, personally
appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by
me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in (Qr~mc, e) (Resolution) No. ~.~ --3 t'~ passed
by the City Council, on the /~ day of ~,~ov~,~r- , 19 ~/.~ , and that
Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
jccogt p~2 8e~c agt
Notary Public in and for the State of Iowa
PAUL D. PATE
SECRETARY OF STATE
HOOVER BUILDING
STATE OF IOWA
DES MOINES. IOWA 50319
TEL (515) 281-5204
FAX (515) 242-5953
December 31, 1996
Marian K Karr
CMC/AAE City Clerk
410 E Washington St
Iowa City, IA 52240-1826
RE: Filing of 28E Agreement between the City of Iowa City
and the Johnson County
Dear Ms. Karr:
We have received the above described agreement which
you have submitted to this office for filing, pursuant to
the provisions of Chapter 28E, Code of Iowa.
You may consider the same filed as of December 31,
1996.
Sincer_~,
Paul D. Pate
Secretary of State
PDP/kfw
Enclosures
Pi~ri~~ ~avidson, Transportation Planner. 410 E. Washington St., Iowa City, IA 5224,i252
GREEMENT FOR PARATRANSIT SERVICE
CITY OF IOWA CITY AND JOHNSON COL~NTY
OR THE SECOND SIX MONTHS OF FY.c 7
and entered into by and between the of Iowa City, Iowa,
owa City, and Johnson County, Iowa, ifter referred to as the
County.
Section I. Scope of
The County shall provide I: ~sit service
Act to iowa City through the son County SEAT:
service for persons who, ¥, an
"SEATS" is an acronym for Special and
Americans with Disabilities
iram. Paratransit is public transit
to use fixed-route transit service.
}ed Transportation Services.
Section//, General Terms
The paratransit service area for
Iowa City.
:ity shall be the corporate limits of the City of
The paratransit serw
through and including June
ry 1, 1997, and continue for six months
The paratransit service
6:00 a.m. until 10:30
Saturday; and 8:00
service shall speci'
Veterans Day, an(
holiday
be operated :orporate limits of Iowa City from
Monday through 6:00 a.m. until 7:30 p.m. on
until 2:00 p.m. on Sunda' The operation of paratransit
include Martin Luther Kin 3irthday, Presidents Day,
after Thanksgiving. The paratr~ service shall operate a
OhS/Stent with Iowa City Transit.
The paratran: :e shall be operated as door-to-door service. If uested, Johnson
County SE/ operators shall assist passengers from the door of in to the door
of the des ion of each trip, including assistance in carrying g es.
SEATS operators shall be sensitive to the needs of ers with
disabil Iowa City reserves the right to require sensitivity training Johnson
Coun SEATS operators.
)aratransit service shall be operated with a $1.50 fare· Fares collected be
ained by the County. Fare revenue collected in excess of $15,400.00
y 1, 1997, and June 30, 1997, will be refunded to iowa City. The
exceptions to the $1.50 fare shall be specific individuals designated by Iowa
being entitled to a discount of the $1.50 fare. Fare revenue shall be reconc
the daily trip sheets by Johnson County SEATS and fully accounted for in
County SEATS records, which records shall be available for inspection by iowa City
upon request.
City of Iowa City
MEMORANDUM
Date: November 13, 1996
To: Steve Atkins, City Manager
From: Joe Fowler, Director Parking & Transit
Re: S EATS Contract
The City of Iowa City has received a proposal from Johnson County SEATS to provide paratransit
service from January 1, 1997 until June 30, 1997. The cost of these services shall be $264,227.
Fares collected in excess of $15,400 during this period will be returned to the City of Iowa City.
This is a savings of $10,000 over the current six month contract. I recommend at this time that
the contract be approved.
I would be remiss in not stating that we enter this agreement with a continuing feeling of
misgiving. The current contract specifies that Johnson County will weekly provide the City of Iowa
City with information on each trip. In addition, a weekly computerized summary report of trip
information is to be supplied. These reports are specified in Section II, paragraph 11 of the
current contract. Without this information Iowa City can not verify that it is paying a fair share of
the total system operating cost or analyze operational options that could result in additional
savings.
To clarify why I believe the Jack of reporting is a concern I will use the following example.
Ridership figures provided by JCCOG indicate that first quarter SEATS ridership is down 17%
compared to last year. With a total cost for service at $569,254 for the year this would lead me
to believe that a savings of greater than $20,000 per year could be anticipated. Without trip
information we can not compare hours of service or trips per hour per vehicle.
The requirement for weekly reporting will continue to be a requirement of the contract. There is
little recourse if the County continues to fail to comply.
At some time in the near future Council should approach the Johnson County Board of
Supervisors regarding the reserve fund established several years ago from excess fees collected
from the City of Iowa City.
tp4.4
Prepared by: Danny Gannon, Asst. City Engr., 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO. 96-315
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREE-
MENT FOR THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II
(HAWKINS DRIVE TO BYINGTON ROAD).
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa
Department of Transportation, said agreement being attached to th~s Resolution and by this
reference made a part hereof, and
WHEREAS, the JCCOG Urbanized Area Policy Board has taken action to allocate $442,000
in Transportation Enhancement funds to reconstruct and widen Melrose Avenue from Hawkins
Dr~ve to Byington Road, and
WHEREAS, the City Council deems it in the public interest to enter into said agreement with
the Iowa Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY,
IOWA, THAT:
It is in the public interest to enter into the above-mentioned agreement, and the
agreement is hereby approved as to form and content.
The Mayor is authorized to sign and the City Clerk to attest the agreement for federal
Transportation Enhancement funds between the City of Iowa City and the Iowa
Department of Transportation.
JCCOG and City of Iowa City staff are authorized to submit any additional documenta-
tion required by Iowa DOT.
Passed and approved this ].9th day of November , 1996.
ATTEST:
CITY'CLERK
MAYOR
A~d.~
City Attorney's Office
Resolution'No. 96-315
Page 2
It was moved by Lehman and seconded by
adopted, and upon rollcalltherewere:
Kubby
AYES: NAYS: ABSENT:
X
X
X
T
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
1-96
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR FEDERAL-AID
SURFACE TRANSPORTATION PROGRAM PROJECT
C1TY: Iowa City
PROJECT NO.: STP-U-3715(7)--70-52
IOWA DOT
AGREEMENT NO.: 97-STPU-5
This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as
RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the
DEPARTMENT). Iowa Code Section 306A.7, provides for the RECIPIENT and the
DEPARTMENT to enter into agreements with each other for the purpose of financing
transportation improvement projects on streets and highways in Iowa with Federal funds. The
RECIPIENT proposes a Surface Transportation Program (STP) project for funding under Sec.
133 (b) of Title 23, United States Code.
The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) established the Surface
Transportation Program (STP). Federal regulations provide that the STP funds are to be
administered by the DEPARTMENT.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the
DEPARTMENT agrees to provide STP funding to the RECIPIENT for the authorized and
approved costs for eligible items associated with said improvements
In consideration of the foregoing and the mutual promises contained in this agreement, the parties
agree as follows:
The RECIPIENT shall be the lead local governmental agency for carrying out the
provisions of this agreement
All notices required under this agreement shall be made in writing to the DEPARTMENT
and the RECIPIENT's contact person. The DEPARTMENT's contact person shall be the
Local Systems Engineer of the East Central Iowa Transportation Center. The
RECIPIENT's contact person shall be the City Engineer.
The RECIPIENT shall be responsible for the development and completion of the
following described STP project
The reconstruction and widening of Melrose Avenue from Hawkins drive to Byington
Road.
Agreement No: 97-STPU-5
Page 2
The RECIPIENT shall receive reimbursement of Federal SIP funds for authorized and
approved project costs of eligible items. The portion ofthe eligible project costs paid by
Federal STP funds shall be limited to a maximum of either 80 percent of eligible costs or
the amount stipulated in the current Johnson County Council of Governments
Transportation Improvement Program (TIP) and approved in the current Statewide
Transportation Improvement Program (STIP), whichever is less.
This agreement will become null and void if the project described in Section 3. drops out
of Johnson County Council of Governments current TIP or the approved current STIP
prior to obligation of Federal funds.
The attached Exhibit I will apply and is hereby made a part of this agreement.
Agreement No: 97-STPU-5
Page 3
1N WITNESS WI-[EREOF, each of the parties hereto has executed this Agreement Number
97-STPU-5 as of the date shown opposite its signature below.
RECIPIENT: Iowa City
Title lqayor
Date November 19 , 1996
I, Marian K. Karr , certify that I am the Clerk of the CITY, and
that Naomi d. Novick , who signed said Agreement for and on behalf of the
CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and
adopted by the CITY, on the 19th day of November , 1996 .
Signed--) ~. ~
City Clerk of Iowa City, Iowa
Date November 19 , 19 96
IOWA DEPARTMENT OF TRANSPORTATION
Project Development Division
s En'ff~neer
"--~Office of Local Systems
07-96
EXHIBIT 1
Standard Provisions for Federal-Aid
Project Agreement
Since this project is to be financed with local and Federal funds, the i~ECIPIENT shall
take the necessary actions to comply with applicable State and Federal laws and
regulations
In all programs and activities of Federal-aid recipients, subrecipients, and
contractors, no person in the United States shall be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination on the
grounds of race, color, national origin, sex, age or handicap/disability. The
DEPARTMENT will determine a Disadvantage Business Enterprise (DBE)
Commitment on all Federal-aid projects.
The RECIPIENT shall take the appropriate actions and prepare the necessary documents
to fulfill the requirements of the DEPARTMENT's Action Plan for project environmental
studies including historical/cultural reviews and location/design approval. If farmland is
to be acquired, whether for use as project right-of-way or permanent easement, the
RECIPIENT shall submit the U S Department of Agriculture Farmland Conversion
Impact Rating form, when required, to the U.S. Natural Resourses Conservation Service
(N CS).
The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies
and shall obtain project permits and approvals, when necessary, from the Iowa
Department of Cultural Affairs (State Historical Society of lowa; State Historic
Preservation Officer), Iowa Department of Natural Resources, State Conservation
Commission, U.S. Coast Guard, U S Army Corps of Engineers and the DEPARTMENT,
etc.
The project plans, specifications and project cost estimate (PS&E) shall be prepared and
certified by a professional engineer licensed to practice in the State of Iowa. The
RECIPIENT shall submit the plans, specifications and other contract documents to the
DEPARTMENT for review and authorization to let the project.
If Federal-aid is requested for in-house engineering services, the RECIPIENT will follow
the procedure outlined by the DEPARTMENT.
If Federal-aid is requested for preliminary and/or construction engineering, the
RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's
consultant selection process. Construction engineering cost will be limited to a maximum
of 15% of construction cost.
The RECIPIENT and Consultant shall prepare the consultant contract for engineering
services in accordance with Title 23, Code of Federal Regulations, Part 172 -
Administration of'Negotiated Contracts (23 CFR 172).
Exhibit I
-2-
10.
11.
12.
13.
14.
15.
After the contents of the consultant contract have been mutually approved, the
RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for
authorization.
The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or
fee title and shall provide relocation assistance benefits and payments in accordance with
the procedures set forth in the DEPARTMENT's Right of Way Manual. The
RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure
compliance with the required procedures. The RECIPIENT will need to get
environmental concurrence before acquiring any needed right-of-way. With prior
approval, hardship and protective buying is possible. If the RECIPIENT requests
Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get
Federal Highway Administration's CFI-PsVA) authorization before purchasing any needed
right-of-way.
The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and
County Federal-aid Highways Right of Way and the Policy for Accommodating Utitlites
on Primary Road System when on State's right of way. Certain utility relocation,
alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible
for Federai-aid reimbursement in accordance with the FHWA rules applicable to the type
ofutility involved and Chapter 306A, Code of Iowa.
Traffic control devices, signing, or pavement markings installed within the limits of this
project shall confbrm to the "Manual on Uniform Traffic Control Devices for Streets and
Highways" per 761 Iowa Administrative Code (IAC) Chapter 130.
The RECIPIENT shall forward a Federal-aid Project Development Certification and final
PS&E to the DEPARTMENT. Following FHWA's authorization, the DEPARTMENT
will advertise the projects for letting and furnish the RECIPIENT with a sample letting
package. The RECIPIENT (CITY) shall comply with the public hearing requirements of
the Iowa Code Section 384.102.
If the project is to be accomplished via a contract awarded by competitive bidding, the
project will be let by the DEPARTMENT in accordance with its normal letting
procedures. At%r bids are received and reviewed, the DEPARTMENT will furnish the
RECIPIENT with a tabulation of responsive bids received.
The DEPARTMENT will mail three (3) originals of the unexecuted contract(s) to either
the RECIPIENT (City projects) or the lowest responsive bidder (County projects)
The RECIPIENT shall take action to award the contract or reject all bids. Following
award of contract and signature by the lowest responsive bidder, the RECIPIENT shall
forward to the DEPARTMENT two (2) copies of the fully executed contract,
performance bond, and certificate of' insurance.
Exhibit I
-3-
16.
If Federal-aid is requested for force account construction, the RECIPIENT will follow
the procedure outlined by the DEPARTMENT.
17.
The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for
Federal Highway Administration(FHWA) approval and obligation of Federal-aid funds
18.
The RECIPIENT shall comply with the procedures and responsibilities for materials
testing and construction inspection according to Department's Instructional
Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing
services according to its normal policy.
19.
The project shall be constructed under the DEPARTMENT's Standard Specifications and
applicable special provisions. Prior to their use in the PS&E, specifications developed by
the RECIPIENT for individual construction items shall be approved by the
DEPARTMENT.
20.
The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for
reimbursement for eligible project costs Reimbursement claims shall include certification
that all eligible project costs, for which reimbursement is requested, have been completed
in substantial compliance with the terms of this agreement.
21.
The DEPARTMENT shall reimburse the RECIPIENT for properly documented and
certified claims for eligible project costs, either by state warrant, or by crediting other
accounts from which payment may have been initially made. If, upon audits of contracts,
the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall
reimburse the overpaid amount to the DEPARTMENT
22.
Upon completion of the project described in this agreement, a professional engineer
licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT
that the project was completed in substantial compliance with the plans and specifications
set out in this agreement. Final reimbursement of Federal funds shall be made only after
the DEPARTMENT accepts the project as complete
23.
The RECIPIENT shall maintain all books, documents, papers, accounting records, reports
and other evidence pertaining to costs incurred for the project The RECIPIENT shall
also make such materials available at all reasonable times during the construction period
and for three years from the date of final Federal reimbursement, for inspection by the
DEPARTMENT, FHWA, or any authorized representatives of the Federal Government
Copies of said ~naterials shall be furnished by the RECIPIENT if requested
Exhibit
-4-
24.
The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless
from any action or liability arising out of the design, construction, maintenance, placement
of traffic control devices, inspection or use of this project This agreement to indemnify,
defend and hold hamless applies to all aspects of the DEPARTMENT's application
review and approval process, plan and construction reviews, and funding participation.
25
The RECIPIENT shall maintain, or cause to be maintained, the completed improvement
in a manner acceptable to the DEPARTMENT and the FHWA.
26.
Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable
to Contracts and Subcontracts which exceed $100,000):
The RECIPIENT stipulates that any facility to be utilized in performance
under or to benefit from this agreement is not listed on the Environmental
Protection Agency (EPA) List of Violating Facilities or is under
consideration to be listed. This is issued pursuant to the requirements of
the Clean Air Act, as amended, and the Federal Water Pollution Control
Act, as amended.
The RECIPIENT agrees to comply with all of the requirements of £ection
114 of the Clean Air Act and Section 308 of the Federal Water Pollution
Control Act, and all regulations and guidelines issued thereunder.
27.
If any part of this agreement is found to be void and unenforceable, the remaining
provisions of this agreement shall remain in effect
28.
It is the intent of both parties that no third party beneficiaries be created by this
agreement.
29
If the RECIPIENT elects to levy special assessments as a means of raising the local share
of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the
amount that payments of Federal-aid and collections of special assessments, excluding
interest and penalties, exceed the total cost of the public improvement as established by
the provisions of Iowa Code chapter 384. The RECIPIENT agrees that at such time as
its collections (exclusive of interest and penalties which shall be retained by the
RECIPIENT) from special assessments levied for this project exceed the local share of
total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds
collected in excess of the total project costs (including interest and penalties associated
with the amount of the excess) within sixty (60) days of the receipt of any special
assessment payments The RECIPIENq~ shall notify the DEPARTMENT when any lands
specially assessed no longer qualify for an agricultural deferment of the special assessment
have been satisfied The DEPARTMENT shall credit reimbursement billings to the
FHWA in the amount of refunds received from the RECIPIENT.
Exhibit I
-5-
30.
This agreement shall be executed and delivered in two or more copies, each of which so
executed and delivered shall be deemed to be an original and shall constitute but one and
the same instrument.
31.
This agreement, as set forth in items I through 6 and Exhibit 1 paragraphs 1 through 31
herein, constitutes the entire agreement between the DEPARTMENT and the
RECIPIENT concerning this project. Representations made before the signing of this
agreement are not binding, and neither party has relied upon conflicting representations
in entering into this agreement. Any change or alteration to the terms of this agreement
must be made in the form of an addendum to this agreement. Said addendum shall
become effective only upon written approval of the DEPARTMENT and the
RECIPIENT.
Iowa Department of Transportation
800 Lincoln Way .~an¢s, IA 50010 515-239-1348
FAX: 515-239-1966
December 3, 1996
Re:
STP-U-3715(7)--70-52
City of Iowa City
Johnson County
Ms. Marion K. Karr
City Clerk
410 E Washington St.
Iowa City, IA 52240
Dear Ms. Karr:
Subject: Agreement Number:
97-STPU-5 ....
Attached is one copy of the executed Transportation Federal Aid Proj~.ct
Agreement. ; -:
This agreement should not be construed as authorization for the City tf~?~in
activity on the project that involves federal-aid reimbursement. The standard
provisions as set forth in this agreement must be followed in order to ensure
receipt of Federal funding assistance.
The project engineer should contact the Iowa Transportation Center Local
Systems Engineer regarding project development and design requirements.
Please provide copies of the enclosed approved agreement and letter to the city
engineer and N.N.W. Inc.
q
Sincerely,
William A. Nelson, P. E.
Urban Systems Projects Engineer
Office of Local Systems
WAN:jj
Enclosure
cc: Office of Accounting
Office of Materials
Office of External Audits
Iowa Transportation Center Local Systems Engineer
Regional Planning Agency
Record Center
Prepared by: Rob Winstead, St. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREE-
MENT FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL PROJECT
WHEREAS, the'City of Iowa City, Iowa, has negotiated an agreement with the Iowa
Department of Transportation, said agreement being attached to this Resolution and by this
reference made e part hereof, and
WHEREAS, federal Transportation Enhancement funds are available through the Surface
Transportation Program of ISTEA for trail projects; and
WHEREAS, the JCCOG Urbanized Area Policy Board has taken action to allocate $121,000
in Transportation Enhancement funds to construct a trail along Willow Creek between U.S.
Highway 21 8 and Mormon Trek Boulevard;
WHEREAS, the City Council deems it in the public interest to enter into said agreement with
the Iowa Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. It is in the public interest to enter into the above-mentioned agreement, and the
agreement is hereby approved as to form and content.
2. The Mayor is authorized to sign and the City Clerk to attest the agreement for federal
Transportation Enhancement funds between the City of Iowa City and the Iowa
Department of Transportation.
3. JCCOG and City of Iowa City staff are authorized to submit any additional documenta-
tion required by Iowa DOT.
Passed and approved this day of , 1996.
ATTEST:
CITY CLERK
MAYOR
Approved by
City Attorney's Office
3 1'1
-96
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
TKANSPORTATION ENHANCEMENT PROGRAM PROJECT
RECIPIENT: Iowa City
COUNTY: Johnson
PROJECT NO.: STP-E-3715(10)--8V-52
IOWA DOT
AGREEMENT NO.: 97-EU- 11
This is an agreement between Iowa City (hereinafter referred to as RECIPIENT) and the Iowa
Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code
Section 306A.7 and Scction 307.12(11), provide for the RECIPIENT and the DEPARTMENT
to enter into agreements with each other for the purpose of financing transportation improvement
projects in Iowa with Federal funds. The RECIPIENT proposes a Transportation Enhancement
project for funding under Sec. 133 (b) (8) and Sec. 101 (a) of Title 23, United States Code.
The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) established the Surface
Transportation Program (STP). Federal regulations provide that the STP funds are to be
administered by the DEPARTMENT.
Pursuant to the terms of this agreement, applicable statutes, administrative rules, and
programming by the DEPARTMENT and the appropriate Metropolitan Planning
Organization/Regional Planning Affiliation, the DEPARTMENT agrees to provide STP
Eni~ancement funding to the RECIPIENT for the authorized and approved costs for eligible items
associated with said improvements
In consideration of the foregoing and the mutual promises contained in this agreement, the parties
agree as follows:
The RECIPIENT shall be the lead local governmental agency for carrying out the
provisions of this agreement.
All notices required under this agreement shall be made in writing to the DEPARTMENT
and the RECIPIENT's contact person. The DEPARTMENT's contact person shall be the
Local Systems Engineer of the East Central Iowa Transportation Center. The
RECI?IENT's contact person shall be the City Engineer
The RECIPIENT shall be responsible for the development and completion of the
following described Transportation Enhancement project:
Willow Creek Trail from US 218 to Mormon Trek Boulevard.
Agreement No: 97-EU- 11
Page 2
The RECIPIENT shall receive reimbursement of Federal STP Enhancement funds for
authorized and approved project costs of eligible items. The portion of the eligible
project costs paid by Federal STP Enhancement funds shall be limited to a maximum of
either 80 percent of eligible costs or the amount stipulated in the Johnson County
Council of Governments current Transportation Improvement Program (TIP) and in the
approved current Statewide Transportation Improvement Program (STIP), whichever is
less.
This agreement will become null and void if the project described in Section 3 drops out
of the Johnson County Council of Governments current TIP or the approved current
STIP prior to obligation of Federal funds.
6. The attached Exhibit 1E will apply and is hereby made a part of this agreement.
Agreement No: 97-EU- 11
Page 3
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number
97-EU-I 1 as of the date shown opposite its signature below.
REC~IENT: City of Iowa City
By
Title
Date ,19
ATTEST: (Iowa City)
Signed
Title
Date
,19
IOWA DEPARTMENT OF TRANSPORTATION
Project Development Division
Cii)~ Attorney's Office
By
Larry R. Jesse, P.E.
Urban Systems Engineer
Office of Local Systems
Date ,19
1-96
EXHIBIT 1E
Standard Provisions for Federal-Aid
Transportation Enhancement Project Agreements
Since this project is to be financed in pan with local and Federal funds, the
RECIPIENT shall take the necessary actions to comply with applicable State and
Federal laws and regulations.
In all programs and activities of Federal-aid recipients, subrecipients, and
contractors, no person in the United States shall be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination on the
grounds of race, color, national origin, sex, age, or handicap/disability. The
DEPARTMENT will determine a Disadvantage Business Enterprise 03BE)
commitment on all Federal-aid projects.
The RECIPIENT shall take the appropriate actions and prepare the necessary
documents to fulfill the requirements of the DEPARTMENT's Action Plan for project
environmental studies including historical/cultural reviews and location/design
approval. If farmland is to be acquired, whether for use as project right-of-way or
permanent easement, the RECIPIENT shall submit the U.S. Department of
Agriculture Farmland Conversion Impact Rating form, when required, to the U.S.
Natural Resources Conservation Service (N'RCS).
The RECIPIENT shall obtain agreements, as needed, from railroad and utility
companies and shall obtain project permits and approvals, when necessary, from the
Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic
Preservation Officer), Iowa Department of Natural Resources, State Conservation
Commission, U.S. Coast Guard, U S Army Corps of Engineers and the
DEPARTMENT, etc.
General Requirements and Covenants (Division 11) of the DEPARTMENT'S standard
specifications shall apply to all projects
The project plans, specifications and project cost estimate (PS&E) shall be prepared
and certified by a professional engineer/architect/landscape architect licensed to
practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications
and other contract documents to the DEPARTMENT for review and authorization to
let the project.
If Federal-aid is requested for preliminary and/or construction engineering costs, the
RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's
consultant selection process. Construction engineering costs will be limited to a
maximum of 15% of construction costs
The RECIPIENT and Consultant shall prepare the consultant contract for preliminary
engineering services in accordance with Title 23, Code of Federal Regulations, Part
172 - Administration of Negotiated Contracts (23 CFR 172).
EXI-IIBIT 1E
-2-
10.
11.
12.
13.
14.
15.
16
After the contents of the consultant contract have been mutually approved, the
RECIPIENT shall execute the contract and for'ward the same to the DEPARTMENT
for authorization.
The RECIPIENT shall acquire the project fight-of-way, whether by lease, easement or
fee title and shall provide relocation assistance benefits and payments in accordance
with the procedures set forth in the DEPARTMENT's Right of Way manual. The
RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure
compliance with the required procedures. The RECIPIENT will need to get
environmental concurrence before acquiring any needed fight-of-way. With prior
approval, hardship and protective buying is possible. If the RECIPIENT requests
Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get
environmental clearance and Federal Highway Administration's (FHWA) authorization
before purchasing any needed fight-of-way.
The RECIPIENT shall comply with the Policy for Accommodating Utilities on City
and County Federal-aid Highways Right of Way and the Policy for Accommodating
Utilities on Primary Road System when on State's right of way. Certain utility
relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project
may be eligible for Federal-aid reimbursement in accordance with the FFIWA rules
applicable to the type of utility involved and Chapter 306A, Code of Iowa.
Traffic control devices, signing, or pavement markings installed within the limits of this
project shall conform to the "Manual on Uniform Traffic Control Devices for streets
and Highways" per 761 Iowa Administrative Code(IAC) Chapter 130
The RECIPIENT shall forward a Federal-aid Project Development Certification and
final PS&E to the DEPARTMENT The RECIPIENT shall comply with the public
hearing requirements of the Iowa Code section 384.102
The project will be let by the DEPARTMENT in accordance with its normal letting
procedures. After bids are received and opened, the DEPARTMENT will furnish the
RECIPIENT with a tabulation of all bids received.
The DEPARTMENT will review the bid tabulations and proposals, and will prepare
an Iowa DOT Staff Action for concurrence to award the contract The
DEPARTMENT will mail the unexecuted contract to the approved low bidder
Upon concurrence to award the contract, the DEPARTMENT will notify the
RECIPIENT. The RECIPIENT shall then enter into a contract with the contractor.
The RECIPIENT shall forward to the DEPARTMENT two (2) signed copies of the
contract and one copy each of performance bond and certificate of insurance
The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for
Federal Highway Administration (FHWA) approval and obligation of Federal-aid
funds.
EXHIBIT lE
-3-
17.
The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for
reimbursement for eligible project costs. Reimbursement claims shall include
certification that all eligible project costs, for which reimbursement is requested, have
been completed in substantial compliance with the terms of this agreement.
18.
The DEPARTMENT shall reimburse the RECIPIENT for properly documented and
certified claims for eligible project costs, either by state warrant, or by crediting other
accounts from which payment may have been irdtially made. If, upon audits of
contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the
RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT.
19.
Upon completion of the project described in this agreement, a professional
engineer/arcMtect/landscape architect licensed to practice in the State of Iowa shall
certify in writing to the DEPARTMENT, that the project was completed in substantial
compliance with the plans and specifications set out in this agreement. Final
reimbursement of Federal funds shall be made only at~er the DEPARTMENT accepts
the project as complete.
20.
The RECIPIENT shall maintain all books, documents, papers, accounting records,
reports and other evidence pertaining to costs incurred for the project. The
RECIPIENT shall also make such material available at all reasonable times during the
construction period and for three years from the date of final Federal reimbursement,
for inspection by the DEPARTMENT, FHWA, or any authorized representatives of
the Federal Government. Copies of said materials shall be furnished by the
RECIPIENT if requested.
21.
The RECIPIENT agrees to indemnify, defend and hold the DEPARTlVIENT harmless
from any action or liability arising out of the design, construction, maintenance,
placement of traffic control devices, or inspection or use of this project This
agreement to indemnify, defend and hold harmless applies to all aspects of the
DEPARTMENT's application review and approval process, plan and construction
reviews, and funding participation.
22.
The RECIPIENT shall maintain, or cause to be maintained, the completed
improvement (for 20 years on the Statewide Enhancement Projects) in a manner
acceptable to the DEPARTMENT and the FHWA
23.
Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable
to Contracts and Subcontracts which exceed $100,000):
a
The RECIPIENT stipulates that any facility to be utilized in performance under
or to benefit from this agreement is not listed on the Environmental Protection
Agency (EPA) List of Violating Facilities or is under consideration to be listed.
This is issued pursuant to the requirements of the Clean Air Act, as amended,
and the Federal Water Pollution Control Act, as amended
The RECIPIENT agrees to comply with all of the requirements of Section 114
of the Clean Air Act and Section 308 of the Federal Water Pollution Control
Act, and all regulations and guidelines issued thereunder.
EXHIBIT IE
-4-
24.
If any part of this agreement is found to be void and unenforceable, the remaining
provisions of this agreement shall remain in effect
25.
It is the intent of both parties that no third party beneficiaries be created by this
agreement.
26.
If the RECIPIENT elects to levy special assessments as a means of raising the local
share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT
in the amount that payments of Federal-aid and collections of special assessments,
excluding interest and penalties, exceed the total cost of the public improvement as
established by the provisions of Iowa Code, Chapter 384. The RECIPIENT agrees
that at such time as its collections (exclusive of interest and penalties which shall be
retained by the RECI?IENT) from special assessments levied for this project exceed
the local share of the total projects costs, the
RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the
total project costs (including interest and penalties associated with the amount of the
excess) within sixty (60) days of the receipt of any special assessment payments. The
RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no
longer qualify for an agricultural defermerit of the special assessment, and notify the
DEPARTMENT when all special assessments have been satisfied The
DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of
reftands received from the RECIPIENT.
27.
This agreement shall be executed and delivered in two or more copies, each ofwhich
so executed and delivered shall be deemed to be an original and shall constitute but
one and the same instrument.
28.
This agreement, as set forth in items I through 6 and Exhibit 1E paragraphs 1 through
28 herein, constitutes the entire agreement between the DEPARTM2ENT and the
RECIPIENT concerning this project. Representations made before the signing of this
agreement are not binding, and neither party has relied upon conflicting
representations in entering into this agreement. Any change or alteration to the terms
of this agreement must be made in the form of an addendum to this agreement. Said
addendum shall become effective only upon written approval of the DEPARTMENT
and the RECIPIENT.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
November 18, 1996
City Manager and City Council
Rick Fosse, City Engineer ~
November 19, 1996 Council Agenda
Please defer indefinitely Item No. 13 regarding the funding agreement for the Willow Creek Trail
Project. Because of the increased cost estimate of the Iowa River Corridor Trail, it may be best
to direct all federal funds to it and construct the Willow Creek Trail with 100% local money. This
promises to save both construction and administration costs. If we determine that this
allocation of funds is not in our best interest, we can enter into the Willow Creek Trail funding
agreement at a later date.
cc:Chuck Schmadeke
Jeff Davidson
Rob Winstead
RESOLUTION NO. 96-316
RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION.
WHEREAS, Jeff and Carol Ebinger, parents, and Eric Ebinger, child, filed a lawsuit in the
Johnson County District Court, No. 56035, against the City of Iowa City with regard to
injuries sustained by Eric Ebinger on October 17, 1992, as a result of being struck by an
automobile in front of his home on Third Avenue in Iowa City, Iowa; and
WHEREAS, the City Council authorized the City Attorney to mediate this case and to enter
into settlement negotiations with the Ebingers and with the City's excess liability insurance
carrier, as in the best interest of the City and the parties involved; and
WHEREAS, all parties in this matter have arrived at a settlement agreement and wish to
resolve the claim without further litigation; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to
Jeff and Carol Ebinger, parents, and Eric Ebinger, child, in the amount of $225,000.00 in full
satisfaction of any and all claims which claimants and/or parties may have against the City
in the above matter, in consideration of the Ebingers' full release.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
Johnson County District Court case No. 56035 should be and is hereby settled, and
said settlement, as previously discussed in executive session on November 19, 1996,
is hereby ratified for the total sum of $225,000.00, including excess liability carrier
participation, payable to Jeff and Carol Ebinger, parents, and Eric Ebinger, child, and
their attorney of record, in full satisfaction of any and all claims.
City Council for the City of Iowa City hereby approves said settlement as being in the
best interest of the City of Iowa City and the parties involved, ratifies said settlement
as provided by law, and confirms that said settlement is hereby ratified, contingent
upon execution of an appropriate release and dismissal of the City of Iowa City from
Johnson County District Court case No. 56035, with prejudice.
Passed and approved this 19th day of November , 1996.
cIr'¢ CLERK -
MAYOR
Resolution No, 96-316
Page 2
It was moved by I(.hhy
adopted, and upon roll call there
AYES:
X
X
X
X
X
X
and seconded by
were:
NAYS:
Vnn.d~,rhn~f the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
X Thornberry
Vanderhoef