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HomeMy WebLinkAbout1998-08-25 Resolution Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 98-267 RESOLUTION TO ISSUE CIGARE'i'I'E 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 is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: G. A. Malone's - 121-123 Iowa Avenue Passed and approved this 25 th day of Auqust ,19 98 Approved by City Attorneys Office It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef derkVes~cigperm.doc Prepared by: Terry Trueblood, Parks & Rec., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE REMOVAL ' AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER. WHEREAS, the Engineering Division has recommended that the work for replacement of two sections of the Civic Center roof, as included in a contract between the City of Iowa City and Maintenance Associates of Marion, Iowa, dated September 9, 1997, be accepted; and 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 CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this day of , 19 MAYOR Approved by ATTEST: CITY CLERK City At orn y's Offic It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: pweng~resVoof-cc.doc the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Jeff McClure, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 98-268 RESOLUTION ACCEPTING THE WORK FOR THE SHAMROCK/AhBOR CULVERT ENTRANCE IMPROVEMENT.' WHEREAS, the Engineering Division has recommended that the work for construction of the Shamrock/Arbor Culvert Entrance Improvement Project, as included in a contract between the City of Iowa City and Peterson Contractors Inc. of Reinbeck, Iowa, dated September 24, 1997, be accepted; and 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 CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 25th day of August ,19 98 Approved by ATTEST: CIty Attorney's O f ce It was moved by Norton and seconded by adopted, and upon roll call there were: Kubb.y AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVes~shamroc4.doc ENGINEER'S REPORT August 13, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Shamrock/Arbor Culvert Entrance Improvement Dear Honorable Mayor and Councilpersons: I Hereby certify that the construction of the Shamrock/Arbor Culvert Entrance Improvement Project has been completed by Peterson Contractors Inc. of Reinbeck, Iowa, in substantial accordance with the plans and specifications prepared by the of the City of Iowa City Engineering Division. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $97,756.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. 410 EAST WASIIINGTON STREET · IOVv'A CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 98-269 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 55-64 AND 69-74 OF VILLAGE GREEN SOUTH - PART 4B~ AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, tile line, and water main improvements for Lots 55-64 and 69-74 of Village Green South - Part 4B, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Lots 55-64 and 69-74 of Village Green South - Part 4B, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 25th day of August ,1998. ATTEST:Ci, i,i,i~CL~ERK/'Z¢2· It was moved by No~'ton adopted, and upon roll call there were: and seconded by Kubby the Resolution be AYES: X X X X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/resNillgr4b.doc ENGINEER'S REPORT August 14, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Lots 55-64 and 69-74 of Village Green South - Part 4B Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, and paving improvements for Lots 55-64 and 69-74 of Village Green South - Part 4B has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. 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 WASHINGTON STREET * IOx, VA ('ITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 98-270 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM WATER SYSTEM, WATER MAIN AND-PAVING PUBLIC IMPROVEMENTS FOR WALDEN HILLS, LOTS 1-6, LOTS 37-51, LOT 53, AND LOTS 55-79, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm water system, and water main improvements for Walden Hills, Lots 1-6, Lots 37-51, Lot 53, and Lots 55-79, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Walden Hills, Lots 1-6, Lots 37-51, Lot 53, and Lots 55-79, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 25th ATTEST:CiT'iT~LE4~~RK/~' IT pweng\res\waldlots.doc day of August , 1998. MAYOR Approved by Resolution No. 98-270 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubb~ AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman : Norton O'Donnell Thornberry Vanderhoef ENGINEER'S REPORT August 25, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Walden Hills, Lots 1-6, Lots 37-51, Lot 53, and Lots 55-79 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm water system, water main, and paving improvements for Walden Hills, Lots 1-6, Lots 37-51, Lot 53, and Lots 55-79 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm water system, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Charles Schmadeke Public Works Director 410 EAST WASIIINGTON STREET , IOV~A ('II'Y, IOWA 52240-1826 * [319) 356-5000 * FAX (319) 356-5009 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-271 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A STATEMENT OF LIFE LIEN, A PROMISSORY NOTE IN THE FORM OF A TEN YEAR DECLINING BALANCE AND FINANCING STATEMENTS (UCC-2 AND UCC-4) FOR THE PROPERTY LOCATED AT 944 MILLER STREET, IOWA CITY, IOWA WHEREAS, on July 23, 1990, the property owner of 944 Miller Street, executed a Rehabilitation Agreement, a Statement of Life Lien and a Promissory Note in the form of a Ten Year Declining Balance for the total amount of $25,000 and the Financing Statements (UGG-2 and UGG-4) through the City's Housing Rehabilitation Program; and WHEREAS, these documents created a lien against the property; and WHEREAS, the balance remaining on the Ten Year Declining Balance Note was $2,500; and WHEREAS, the total amount due was $15,000 which was paid off on August 18, 1998; and WHEREAS, the liens need to be released. 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 944 Miller Street, Iowa City, Iowa from the Rehabilitation Agreement, the Statement of Life Lien and the Promissory Note in the form of a Ten Year Declining Balance recorded August 3, 1990 in Book 1154 Page 161 through 167 and the UCC-2 Financing Statement recorded February 25, 1991 in Book 1206 Page 152 and the UCC-4 Financing Statement record February 9, 1996 in Book 2033 Page 44 of the Johnson County Recorder's Office. Passed ATTEST: and approved this 25th c F= K day of August ,1998. "I~T'AYOR Approved by 'it~Aito~ney's Offic6~ It was moved by Norton upon roll call there were: and seconded by Kubb.y the Resolution be adopted, and AYES: NAYS: X ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pl:x:lrehab/res/gM, millr.doc 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 944 Miller Street, Iowa City, Iowa, and legally described as follows: Lot Forty-eight (48) in Bailey and Beck's Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements of record, , from an obligation of the property owner, Elizabeth C. Reynolds, to the City of Iowa City in the total amount of $15,000 represented by a Rehabilitation Agreement, a Statement of Life Lien, a Promissory Note in the form of a Ten Year Declining Balance recorded on August 3, 1990 in Book 1154 Page 161 through Page 167 and a UCC-2 Financing Statement recorded on February 25, 1991 in Book 1206 Page 152 and a UCC-4 Financing Statement recorded on February 9, 1996 in Book 2033 Page 44 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. MAYOR ATTEST: C~ ~' Approved by STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2.~~'/' day of 'A~LGu~s--r , A.D. 1998, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman 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. t//~_ 2 7/ , adopted by the City Council on the Z5' day of ~_u_Gt~<,-i- , 1998 and that the said Ernest W. Lehman 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. I ppdrehab/944millr. doc Notary ~Jblic in _and. for Johnson County, Iowa 7rL- l 3-7- Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-272 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND COMMERCIAL FEDERAL BANK OF OMAHA, NEBRASKA FOR PROPERTY LOCATED AT 1807 G STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Rehabilitation Agreement, and a Statement of Life Lien, executed by the owners of 1807 G Street on July 3, 1990 and recorded on July 25, 1990 in Book 1150, Pages 275 through 279, Records of Johnson County, Iowa, and an Amended Statement of Life Lien executed by said owners on January 10, 1992, and recorded on January 10, 1992 in Book 1315, Page 85 in the Johnson County Recorder's Office covering the following described real estate: Lot Four (4), in Block Forty-Three (43), in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, WHEREAS, the City's lien totals $5,966.52; and WHEREAS Commercial Federal Bank of Omaha, Nebraska is in the process of financing a home equity loan in the amount of $35,000 to the owners of 1807 G Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce Commercial Federal Bank of Omaha, Nebraska to make such a loan; and WHEREAS, Commercial Federal Bank of Omaha, Nebraska has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to Commercial Federal Bank of Omaha, Nebraska; 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 Commercial Federal Bank of Omaha, Nebraska. Passed and approved this 25 th day of ATTEST: C~ ppdrehab/res/1807g.doc August ,1998. AYOR '~ ' Approved by '~ ~torney's ~z'ffi¢~. Resolution No. 98-272 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Commercial Federal Bank of Omaha, Nebraska, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Rehabilitation Agreement for Rehabilitation Loan which at this time is in the amount of $5,966.52 and were executed by Vincent Wilson and Barbara Wilson (herein the Owner), dated July 7, 1990, recorded July 25, 1990, in Book 1150, Page 275, Johnson County Recorder's Office. WHEREAS, the City is the owner and holder of a certain Statement of Life Lien, and were executed by the Owner, dated July 3, 1990, recorded July 25, 1990, in Book 1150, Page 279, Johnson Country Recorder's Office. WHEREAS, the City is the owner and holder of a certain Amended Statement of Life Lien, and were executed by the Owner, dated January i0, 1992, in Book 1315, Page 85, Johnson County Recorder's Office, covering the following described real property: 1807 G St. Iowa City, IA 52240 Legal description: Lot 4, in Block 43, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $35,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mortgage 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 parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 Senior Mortgage. The mortgage in f~//:r,4 of the Financial acknowledged as a lien superior to the Insti~:ution is hereby 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 beret0. Dated this /y.,/iL day of ,/~,- .-,-~7L , 19 ? ~ ayor Attest: CITY'S ACKNOVVLEDGEMENT FINANCIAL INSTITUTION Approved By CIty Xt~orney s ~ff~ice STATE Of IOWA ) ) SS: JOHNSON COUNTY ) On this 2~ day of Notary Public in and A~,c~s~ 199~, before me. the undersigned, a for the State 'of Iowa, personally appeared and Madan K. Karr, to me personally known, and. who, being 13y 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 insb-ument 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 (Ordinancc9 (Resolution) No. q passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the ~.5~- day of /~tr~,a-r , 19 ?~. and that ~c,~ ~5-t ~. Ld~,~ ._ and Madan K. Karr acknowledged the execution of the instrumem to be their voluntary act and deed and the voluntary act arid 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: un emigned a Nota~ Public~ and for the rate of Io~. ~monally appeared ing by me duly worn. d~ ~y ~at ~ey am ~2 ~{~T .~; 5~~ and ~~ ~ ~c~( , mspe~vely, of ~ ~tion exerting the w~hin and fobgoing ins~ment ~ which this ts a~ched, that said jnst~ment was signe'd and seal~ a~nowl~ged (he exertion of said instrument to be th~ volunta~ a~and deed of said coloration, by it and by ~em voluntary executed. Prepared by: Steve Nasby, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 98-273 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF'IOWA CITY, HILLS BANK AND THE FEDERAL HOME LOAN BANK OF DES MOINES FOR HOUSING REHABILITATION FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO SAME. WHEREAS, the Federal Home Loan Bank of Des Moines has created the Affordable Housing Fund program which utilizes private funding to provide affordable housing opportunities for low income households; and WHEREAS, Hills Bank and Trust Company, a participating member of the Federal Home Loan Bank of Des Moines, has agreed to be the sponsor for this program; and WHEREAS, the City of Iowa City deems it in the public interest to support affordable housing efforts for low income households; and WHEREAS, the project addresses the needs of low income households, homeowners in particular, and helps achieve the goals of Iowa City's Consolidated Plan (CITY STEPS); and WHEREAS, the expansion of funding for the housing rehabilitation program was a strategy identified in the Community Housing Forum and approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement for Federal Home Loan Bank of Des Moines funding, a copy of which is on file in the office of the City Clerk, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. 3. The City Manager is hereby authorized to execute all necessary documents required by the Federal Home Loan Bank of Des Moines for the administration of these funds. I~IAYOR Approved by ppdcdbg/res/funding.doc Resolution No. 98-273 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman , Norton ' O'Donnell Thornberry Vanderhoef FEDERAL HOME LOAN BANK DEE MOINE$ Affordable Housing Program Agreement For Owner Occupied Project (Direct Subsidy) The Federal Home Loan Bank of Des Moines ("Bank"), Hills Bank & Trust Co. ("member") and City of Iowa City ("project sponsor) enter into this Affordable Housing Program Agreement For Owner Occupied Project (Agreement), effective July 23, 1998, which sets forth the respective duties and obligations of the Bank, membei' and project sponsor with regard to the approval and funding of the member's Affordable Housing Program (AHP) Application ("Application") by the Bank. This Agreement shall be binding upon the parties and upon any successor in interest to the parties. 1. The member and the project sponsor shall be bound by the terms and conditions goveming the approval and funding of the Application, including any and all representations made in said Application. Certain of the Application's features are as follows: Project Name: Housing Rehabilitation Program Project Number: 98A19 Project Sponsor: City of Iowa City Amount of AHP Subsidy (hereinafter "subsidy"): $120,000.00 Form of Subsidy: Direct Total Units: 24 Targeting: 0 units at or below 31 percent of median income 24 units at or below 50 percent of median income 0 units between 51 and 60 percent of median income 0 units between 61 and 80 percent of median income 0 units above 80 percent of median income Retention Period: 5 years The grant award is subject to the following contingencies: · The city will provide a matching grant of $90,000 in CDBG funds 2. Member and project sponsor agree to be bound by (i) the AHP regulations (12 C.F.R. Part 960) and policies of the Federal Housing Finance Board ("FHFB") as may be in effect from time to time, or the regulations in effect from time to time of any successor in interest to the FHFB and (ii) the AHP guidelines and requirements of the Bank or any successor in interest to the Bank as may be in effect from time to time. Member and project sponsor agree that no modifications will be made to the project's specifications, as set forth in the Application, without the prior written approval of the Bank. To the extent the FHFB's applicable regulations are inconsistent with any term or provision of this Agreement, said regulations shall govern the conduct and obligations of the parties. 3. The use of the subsidy, as set forth in the approved Application, is for rehabilitation. In order to ensure that the approved level of subsidy from the Bank is still warranted at the actual funding date, in conformity with the requirements of the FHFB's applicable regulation, the Bank will reevaluate the subsidy level and will only fund that portion of the subsidy deemed necessary by the Bank to fund the project. In such reevaluation the Bank will principally consider pro-forma data, including, among other factors, the following: (a) (b) All sources of funds including estimates of funds from all other sources, whether actually committed or not; An estimate of the market value of in-kind donations and volunteer professional labor and services but not the value of sweat equity; (c) Project costs, as reflected in the project's budget, including whether such costs are reasonable and customary, in accordance with the Bank's project feasibility guidelines, in light of industry standards for the location of the project and the long-term financial needs of the project. 4. Before funding, the Bank shall determine whether the project is operationally feasible, in accordance with the Bank's project feasibility guidelines, based on factors including but not limited to, applicable financial ratios, geographic location, needs of the tenants, and other non-financial project characteristics. The approved subsidy must be necessary for the financial feasibility of the project, and the rate of interest, points, fees, and any other charges for all loans financing the project must not exceed a market rate of interest, points, fees and other charges for loans of similar maturity, terms and risk. 5. The member shall pass on the full amount of the subsidy to the project for which the subsidy was approved. 6. The member shall use the subsidy in accordance with the terms of the member's Application, the requirements of the FHFB's applicable regulations, and the Bank's policies and procedures. 7. The project sponsor agrees to use the subsidy in accordance with the terms of the member's Application, the requirements of the FHFB's applicable regulations, and the Bank's policies and procedures. 8. The subsidy must be drawn down and used by the project within one year of approval of the Application. Therefore, all sources of funding must be committed within a reasonable period of time from the Application's approval. If the subsidy approved is not drawn down and used by the project within one year, the Bank shall cancel its approval, any funded subsidy shall be returned to the Bank and the Bank shall make such cancelled subsidy available for other AHP-eligible projects. 9. The member shall repay to the Bank that portion of the subsidy including interest as determined in the Bank's discretion, if appropriate, that as a result of the members actions or omissions, is not used in compliance with the terms of the Application or the requirements of the FHFB's applicable regulations, unless such non-compliance is cured by the member within a reasonable period of time as determined by the Bank, or the circumstances of such non-compliance are eliminated through a modification of the Application, pursuant to the applicable FHFB regulations. 10. The project sponsor shall repay to the member and the member shall recover and repay to the Bank that portion of the subsidy, plus interest as determined in the Bank's discretion, if appropriate, that, as a result of the project sponsors actions or omissions, is not used in compliance with the terms of the Application or the requirements of the FHFB's applicable regulations, unless such non-compliance is cured by the project sponsor within a reasonable period of time as determined by the Bank, or the circumstances of such non-compliance are eliminated through a modification of the Application, pursuant to the applicable FHFB regulations. The member shall not be liable to the Bank for the return of amounts that cannot be recovered from the project sponsor through reasonable collection efforts by the member. 11. During the period of construction or rehabilitation of the project, the project sponsor must report to the member quarterly on whether reasonable progress is being made towards completion of the project. During such period, the member must take the steps necessary to determine whether reasonable progress is being made towards completion of the project and must report to the Bank quarterly on the status of the project. Within one year of the disbursement to the project of the entire subsidy, the member must review the project documentation and certify to the Bank that (i) the subsidy has been used according to the commitments made in the Application, and (ii) the AHP-assisted units are subject to deed restrictions or other legally enforceable retention agreements or mechanisms as specified in paragraph 14 below. 12. Where the subsidy is used to finance the purchase of owner-occupied units, the project sponsor must certify annually to the member and the Bank, until the entire subsidy is provided to eligible households in the project, that those households receiving the subsidy funds during the year were eligible households, and such certifications shall be suppoded by household income verification documentation maintained by the project sponsor and available for review by the member or the Bank. 13. The member shall make best efforts to transfer its obligations under the Application and this Agreement to another member in the event of its loss of membership in the Bank, prior to the Bank's final disbursement of the subsidy. 14, The member shall ensure that an owner-occupied unit financed by the proceeds of a direct subsidy is subject to a deed restriction or other legally enforceable retention agreement or mechanism requiring that (i) the Bank is to be given notice of any sale or re~nancing of the unit occurring pdor to the end of the retention period, (ii) in the case of a sale pdor to the end of the retention period, an amount equal to the pro rata share of the direct subsidy, reduced for every year the seller owned the unit, shall be repaid to the Bank from any net gain realized upon the sale of the unit after deduction of sales expenses, unless the purchaser is a low- or moderate-income household as defined in the applicable FHFB regulations; and (iii) in the case of a re~nancing prior to the end of the retention period, an amount equal to the pro rata share of the direct subsidy, reduced for every year the occupying household has owned the unit, shall be repaid to the Bank from any net gain realized upon the refinancing, unless the unit continues to be subject to a deed restriction or other legally enforceable retention agreement or mechanism, incorporating the requirements of clauses (i), (ii), and (iii) of this paragraph. 15. If the member or project sponsor lends a direct subsidy to the project, any repayments of principal and payments of interest received by the member or the project sponsor must be paid forthwith to the Bank. 16. The project sponsor and the member agree to promptly report to the Bank's Community Investment Department any material changes in the financial structure of the project, including but not limited to, any new sources of funds, failure to receive other project-related funds and compensated tax credit utilization, or any other material changes in the project's scope and terms. The Bank retains the right to reevaluate the need for the subsidy in light of any such material changes and may make such modifications thereto, including the amount of subsidy, as it deems appropriate in its sole discretion. 17. The failure by the Bank to exercise any right or privilege granted to it under this Agreement shall not operate as a waiver of that right or privilege. 18. This Agreement and all matters incorporated herein by reference constitute the entire Agreement and understanding between the parties heroto relating to the subject matter hereof and supersedes all prior discussions, understandings and agreements, written or oral, between the parties that relate to such subject matter. Any modifications to this Agreement shall not be valid unless it is in writing and signed by both parties hereto. Words used in this Agreement shall be interpreted according to their ordinary and usual meaning, despite and excluding any trade, custom, or usage to the contrary. 19. This Agreement shall be govemed by the Federal Home Loan Bank Act, the rules, regulations, guidelines, and statements of policy of the Federal Home Loan Bank system and, except to the extent inconsistent therewith, the laws of the State of Iowa without giving effect to the choice of law principles therein included. The parties expressly agree that any action or proceeding with respect to the performance or non-performance of any term or condition contained herein which is brought by or against the Bank shall be resolved by the United States District court for the Southern District of Iowa or, if such action or proceeding may not be brought and maintained in said court, by an appropriate district court of the State of Iowa for the County of Polk. 20. Should any provision of this Agreement be held invalid or unenforceable, the remainder of this Agreement shall remain in effect. The parties accept the terms and conditions of the funding as set forth heroin by executing this Agreement in the space set forth below. In indicating their acceptance of the terms and conditions of the funding set forth herein, the parties also represent and warrant that they have full corporate power and authority and have received all corporate and governmental authorizations and approvals as may be requirod to enter into and perform their obligations under this Agreement and that at all times they will adhero to the terms and conditions set forth heroin. Dated: Dated: Agreed to and Accepted By: Curt Heidt Title: Vice Prosident, Community Investment Officer For the Federal Home Loan Bank of Des Moines Agreed to and L/~~d~ BY:iTle:"e:'~~! Na Title: For: Hills Bank & Trust Co. Dated: Agroed to and Accepted Name: Title:__ For: City of Prepared by: Terry Trublood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 98-286 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARK MAINTENANCE BUILDING IN NAPOLEON PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 9th day of September, 1998, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this 25th It was moved by Norton adopted, and upon roll call there were: day of ~ ' ~1 ~ - prove~by 2 and seconded by Kubby the Resolution be AYES: 'X X X NAYS: ABSENT: Champion Kubby Lehman Norton O' Donnell Thornberry Vanderhoef parksrecVes\napol4.doc Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 98-274 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND G.A. MALONE' S, LC D/B/A G.A. MALONE' S 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, G.A. Malone' s, LC d/b/a G.A. Malone' s applied for temporary use of the public right-of-way at 121-123 Iowa Avenue 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 97-3764; 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 License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 25th day of August , 1998. Clerk\malone.res Approved by f City Attorney's Of ice Resolution No. 98-274 Page 2 It was moved by Tho~'nber'~'y and seconded by adopted, and upon roll call there were: 0' Donnel] the Resolution be AYES: NAYS: ABSENT: X X X X X Champion Kubby Lehman , Norton ' O'Donnell Thornberry Vanderhoef LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND G. A. MALONE' S FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT 121 IOWA AVENUE, IOWA CITY, IOWA This Agreement is made between Landowner John Graham and Sara T. Bell, and Tenant Judy Ambrose and the City of Iowa City, Iowa, a municipal corporation. WHEREAS, the City of Iowa City ("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 caf~; and WHEREAS, City staff have examined the Applicant's request for a sidewalk caf~, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by staff associated with the Design Review Committee, and has recommended approval of the proposed sidewalk caf~, 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 set forth in this Agreement, said use is in the public interest. NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: 0003~L;;~;~ 2 Landowner John Graham and Sara T. Bell own certain real estate abutting the public right-of°way located in Iowa City, Iowa, at the following street address: 121 Iowa Avenue, Iowa City, Iowa; and Landowner has given Applicant/Tenant permission to operate a sidewalk caf~ as herein provided. Applicant/Tenant Judy Ambrose (her.eafter "Applicant") 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 caf~, as permitted by City regulations. City staff of the Design Review Committee has 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 tempo- rary use of the public right-of-way as a sidewalk caf~ in accordance with this Agree- ment, including Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk caf(~s. 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 Addendure. 0003:1-3 3 Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk caf~, 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. 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 purpos- es, 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 public use and/or should be cleared of any and all obstructions, as provided by §364.12, Code of Iowa (1997), or for public health and/or safety reasons, 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 damag- es, 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 caf(~ 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 caf~ in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Al~plicant specifically agrees to comply with the 00031 4 conditions herein, especially regarding storage location of outdoor furnishings and equipment when the sidewalk caf(~ is not operating. 10. In the event of a breach of this agreement, or revocation of this license by the City, 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 §364.12, 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 caf(~ area (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 12. In further consideration of the City' s concerns for public safety on the public right of way, Applicant specifically acknowledges said safety concerns and agrees to a four foot setback of the proposed sidewalk caf~ boundaries from the adjacent private drive on the east side of the proposed sidewalk caf(~, and further agrees to locate any grill to the northeast corner of the proposed sidewalk caf(h and to locate any bicycle rack so that it complies with all applicable City code provisions. Applicant further agrees to provide a four-foot clearance area for entrance to apartments adjacent to the proposed sidewalk caf~. 00031-5 13. 5 Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza of abutting right-of-way as a result of set-up or removal of the sidewalk caf~ furnishings or equipment and as noted in Exhibit A. 14. 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 portion. Dated this 25/L_ day of 4.Zc~--~r- , 19 c/~. CITY OF IOWA CITY, IOWA Attest:Mar~lK.~z~Karr'/~- City Clerk APPLICANT/TENANT By By CORPORATE SEAL APPLICANT/LANDOWNER By By By Approved by: Office 000316 5 Applicant further agrees that there will be no increase in vehicular traffic on the C' Plaza o tting right-of-way as a result of set-up or removal of t ewal!< cafe furnishings or equipm nd as noted in Exhibit A. 13. Should any section of this ' it is agreed that the remaining Dated this day of , 1 CITY OF IOWA' CITY, IOWA APPLICANT/TENANT By Attest: By Marian K. Karr, City Clerk By APPLICANT/LANDOWNER By By Approved by: City Attorney's Office 0003:1,'7 05/27197 TUE 22:33 FAX 317~5821577 Denny Armington POP ~ 008 5 1 nt further agrees that there wsli be no rancrease ,n vehicular trafhc on the C Plaza or- tting right-of-way as a result of set-up or removal of th ' ewalk care furnishings or equipm nd as noted in Exhibit A. 13. Should any section of this a ' it is agreed that the remaining Dated this day of . 19__. CITY OF IOWA CITY, IOWA APPLICANT/TENANT BV By Ernest W. Lehman, Mayor Attest: By Marjan K. Karr, City Clerk By APPLICANT/LANDOWNER By By Approved by: City AttorneV's Office 6 APPLICANT/TENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this c9 C>-~ day of ~ ~ , 197f, before me, the undersigned, a Notary Public in and for the State oT~wua, personally appearred ~ ~ i/~(. ~,~j%~_~.~ ~. , to me personally known, and acknowledged the executi~n~:~ thJe foregoing instrume'~t to be his/her voluntary act and deed and by him/her voluntarily executed. Nota'Ty'Public in and for the S~tt te~/~f I~'~a APPLICANT/TENANT'S ACKNOWLEDGEMENT (Corporate) JOHNSON IOWA ) ) SS: ) On this day of , A.D. 19 , me, the undersigned, a Notary Public in and for the e of Iowa, personally and , personally who, being by me duly sworn, did say that they are the , respectively, of said corporation executing the within and ]oing instrument to which this is attached, that (no seal has been procured by ration; that said instrument was signed (and sealed) on behalf of (the se~ thereto e seal of said) said corporation by authority of its Board of ; and that the id and as s acknowledged the exec ' n of said instrument to be the voluntary act of said ' , ' ' . corporation by ~t and Notary Public in and for the State of Iowa 0003]_9 7 APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF JOIINCON COUNTY ) to me persoha!ly known, and ~wledged the execution of the foregoing instrumer his/her voluntary act and deed and by him/her voluntarily executed. N~ in a~n'd fo~leNe-X/C.. APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Cornorate) STATE OF IOWA ) ss: , A.D. 1 efore me, the undersigned, a · Notary PubliC"'in and for/the Sta'~e-of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the 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 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 0003 0 APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this%,~'~ day of'~ ~'~,, , 1~,, re me, th n rsigned, a Notary to me personally known, and ack~wledged the execution of the foregoing i~strument to be · ~c ' d~or the ~ Iow~a% APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 19 , before e'undersigned, a 'cJ~ Iowa, personally appe-~red Notary Pubh for the State of 21nl~l~m and , to me person ' e duly sworn, did say that they are th"b--,, , respectively, of ..... for.~or~tio~s ' . . , sealed) on behalf of (the seal affixe to is the seal of said) said corporation by authority of its Board of Directors; and and as such officers acknowI ed the execution o id instrument to be the voluntary act and deed of said corpor ' n, by it and by them vo~ the State of Iowa . 000321 8 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of A ~ ~ ~-~r' ,19~___~, before me, --% ~ ~c~,*~_--- - ~rf- ,. a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman, Mayor and Marjan 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 Resolution No. ?& -jT~/L passed by the City Council on the j_~ ~L_ day of ~c~r~s~-- , 19]_Z~, and that Ernest W. Lehman 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. legaRbev~llcense.swk Notary Public in and for the State of Iowa My commission expires: NOTARIAL SEAL 00032 08/23/98' 10:55 00032L'~ $1 e'I:OR TUE NE~ 4--~E~, ~jIIL MALONE'S WILL BE !-!AVIN(~ A KARAOKE (~ONTE_RT ON TNUR~DAY NI~NT~ !:ROM ~00-11:00. · EAeN WEEK, ~ INDIVIDUA~ AND/OR (~ROt!P~ WILL ADVANCE TO TIlE I:INAI__R TO BE ttELD ON TNUR~DAY, MAY 7. ~~~. ~O ,; YOU ~. co.w.eE E~OU~N O~ YOUR FRIE~D~ TO COUE D~N AND ~UEER FOR YOU, YOU'RE UALF WAY T~ERE [RECARDL~QR IF YOU ~AN ~OLD A TUNE). · CO~TU~E~ PRO~ AND CHOREOGRAPHY ARE ~OT REQUIRED, BUT BELIEVE ME, THEY ARE DEFI~ELY A~ E~Y WAY T0 ~ET APPMU~E (WUleN !UEV~A~LY LEAD~ T0 VleTORY). · ~O (;ATFIER UP YOUR FRIENE;~' AND FAMILY (MAYBE FF'Q BE.RT TO LEAVE MOM AT HOME) AND e0ME DOWN TO MALONE'S -ruI~ THURqDAY NI(;FIT. TUE MORE PEOPLE YOU O, AN ROUND UP TO el-lEER 4- U, TIlE BETFER YOUR erlANeF_9 TO $1 ,OOO. · AND FOR TIIOgE O1: YOU WtJO COME TO eIIEER, el-lEeK OUT OUR DRINK ~PEetAIQ: IkJ0 EOVER WITH TIEKET · $1,00 DPs~I,~S ( MILLER LrrE, BUR LIGHT, BUD, COOP~ LIGHT, AND ROLLING ROCK) · $1.50 WELL DRINKS · $1, 50 BO'F'FI,~F-~.,~ mUD, BUD LIGHT, MILLER LITE, COORS LIGHT, ,AND ROLLING ROCK) THE FRATERNITY AND SORORITY WITH THE MOST PEOPLE AT NIALONE'S BEFORE 10:30 ON THURSDAY~ WINS A FREE KEG OF MILLER LITE FOR THE NIGHT. (TO QUALIFY, THE FRATERNITY OR SORORITY NEED 35 PEOPLE PRESENT BEFORE 10:30---SO BRING YOUR PINK OR ORANGE TICKETS) $1.00 Pints Rolling Rock O$3.00CapCn&Coke&Jack&Cok~e 32 oz BIG BEERS COORS UGHT Specials $ 3.00 First TIme $ l. 50 Refills starts at 9:00 ' I;S'I'. I')q~ 11 !~i Tues~y-SamrdaS Sunday ~ D~ ~10 F~h ~ · ~1.~ BIG 32 oz. BEE~ ~1.50 COROg & ~D S~E ~ffies 2 ~r 1 S~ ON ~ B~CH ~ $2.~ Capt'n & Coke &Ja& & Coke s~ at 9:30 2 for 1 We~ 8 to Close $1.00 Draws" $1.00 Bottles' $1.00Wells $1.00 Cover Featuring Solo Artist * Miller l,i~ Summer 2-a-Day 'Schedule"*": ~, 6:40 a.m. Trainers Wake Up ,' ' 6:45-7:15 Breakfast at Hillcrest ~ 7:45-8:15 Coaches Meeting ~ 8:15 All Specialties Loosen Up 8:30 Team Ready -~ 8:33 On-field Stretch,Lap and Cai ~" 8:41 Practice, 5th Quarter Conditi0ni~'" 11-11:45 Lectures : ,..~: Noon Lunch at Univ. Ath. Club 1:15 Staff Meeting · 2:45 Quarterback Meeting 3:00 All Specialties Loosen Up 3:15 Team Ready ., ~ 3:18 On=field Stretch, Lap ;nd cal ;~' :::~ ':" ,3:26 Practice, 5th Quarter C0nditi0ning!~'% 5:45-6:45 Dinner at Athletic Club 7:00 Team Meeting 11:00 Lights Out : · · uarterbacks backs that I coached in Sedrick Shaw and Tavian Banks. They did so much just with ability, that I didn't interject a lot of things.' The transition to defense will be a major change in coaching style for Holton, who will have to take a more hands-on approach after coaching two of the most naturally gifted backs in Iowa history the past two years. ," "As a defensive coach you have to be more technically advanced,~ he said. "You have to work with the kids and spend a little more time working on execution. On offense the players sometimes can execute once they get the ball in their hands .' ,. ~..-.~: 32 Oz. Miller Lite, Coors Lite Coors Lite, Miller Lite Bottles I :::,!s I so !,P',' :~ '-,'...;.. ~,' ~'~::i',~: ~.... ~ . ' l' . · ::~.;::- Pitchers · ""=-'.:.' 100 ~':"~ ~ 'Bottles ,, City of Iowa City MEMORANDUM Date: August 19, 1998 From: Andrew P. Matthews, Assistant City Attomey,jf~ RE: G.A. Malones's Application for Sidewalk Cafd This memo will serve to summarize the recommendations of the City' s Design Review staff, Housing and Inspection Services, Fire Department, Police Department and Public Works Department ~vith respect to the above-referenced sidewalk cafd application. The City's Design Review staff and Housing Inspection Services recommended approval of the sidewalk caf~ application. Originally, the Fire Department recommended against approving the application, citing ten foot clearance requirements from an alley, minimum distances for barbecue grills from combustible walls, and bike clearances on sidewalks. Like~vise, the Police Department and Public Works Department recommended against approving the application, citing safety reasons, with the proposed sidewalk cafe being too close to the alley. Upon further review and research, it was determined that the "alley" does not meet the legal definition of an alley, and is instead a private drive. Accordingly, the matter ~vas further revie~ved. Upon agreement with G.A. Malones's that they will provide a four foot setback from the drive, (instead of the two foot setback originally proposed), move the grill to the northeast comer of the proposed sidewalk caf6 (away from the wall of the building), provide a four foot open area to the adjacent apartment entrance, and City relocation of the bike rackin compliance with all applicable City Code provisions, the Fire Department, Police Department and Public Works Department will make a recommendation of approval, with all parties being notified that if public health or safety issues arise following opening of the sidewalk caf6, that the City would be able to revoke the license agreement. City of Iowa City MEMORANDUM Date: August 6, 1998 To: City Council From: James L. Schoenfelder, Staff Asst. to the Design Review Committee3bE'~ Re: GA Malone's Sidewalk Caf~ - 121 Iowa Avenue GA Malone's at 121 Iowa Avenue has made application for a sidewalk caf~. As required by the sidewalk caf~ ordinance the application must be reviewed by the Design Review Committee with recommendation sent to Council within thirty (30) days of application submission. Since there are currently only three members of a seven-member committee no quorum is possible for a meeting, consequently, this application is automatically forwarded to Council and shall be deemed as receiving a recommendation of approval from the Design Review Committee. I feel the GA Malone's design is consistent in style and color with other sidewalk cafes in the downtown area and would, as a concerned staff who consistently deals with sidewalk caf~ aesthetic issues, recommend approval of this application. Please realize that this application must also receive Fire Department, Police Department, Public Works Department and Building Inspection approval in addition to this Design Review. Form 653.C Page 2 1 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of Johnson County, Iowa: The Council of the City of Iowa City, in said County met on August 25, 1998, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced. RESOLUTION NO. 98-275 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1999 (AS AMENDED LAST ON ) Be it Resolved by the Council of the City of Iowa City, Iowa: Section1. Following notice published August 14, 1998 and the public hearing held on August 25, 1998, the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: REVENUES & OTHER FINANCING SOURCES Taxes Levied on Property 1 Less: Uncollected Property Taxes-Levy Year 2 = Net Current Property Taxes 3 Delinquent Property Taxes 4 TIF Revenues 5 Other City Taxes 6 Licenses &Permits 7 Use of Money &Property 8 Intergovernmental 9 Charges for Services 10 Special Assessments 11 Miscellaneous 12 Other Financing Sources: 13 Total Revenues & Other Sources 14 EXPENDITURES & OTHER FINANCING USES Community Protection 15 (police,fire,street lighting, etc.) Human Development 16 (health, library, recreation, etc.) Home & Community Environment 17 (garbage, streets, utilities, etc.) Policy &Administration 18 (mayor, council, clerk, legal, etc.) Non-Program Total Expenditures 19 Less: Debt Service 20 Capital Projects 21 Net Operating Expenditures 22 Transfers Out 23 Total Expenditures/Transfers Out 24 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 25 Beginning Fund Balance July 1 26 Ending Fund Balance June 30 27 Reason: Total Budget as Certified Total Budget after or Last Current Current Amended Amendment Amendment 21,733,964 21,733,964 21,733,964 21,733,964 50,000 50,000 456,787 456,787 600,735 600,735 3,162,056 3, 162,056 14,461,251 663,576 15, 124,827 32,403,931 32,403,931 23,501 23,501 5,404,984 5,404,984 119,573,540 26,950,043 146,523,583 197,870,749 27,613,619 225,484,368 11,386,953 803,197 12,190,150 28,147,566 4,608,901 32,756,467 73,087,291 25,625,480 98,712.771 7,436,030 259,524 7.695.554 120,057,840 31,297,102 '151,354,942 13,475,434 0 13,475,434 54,137,231 27,606,119 81,743,350 52,445,175 3,690,983 56,136,158 71,912,553 26,571,918 98,484,471 191,970,393 57,869,020 249,839,413 5,900,356 (30,255,401) (24,355,045) 60,396,474 23,068,798 83,465,272 66,296,830 (7,186,603) 59,110,227 Increases in revenues and expenditures, including revisions to capital improvement projects as noted in the notice of public hearing. ISl Passed this 25 th City Clerk CIty Attorney's Office Resolution No. 98-275 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman ,' Norton ' O'Donnell Thornberry Vanderhoef Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5036 RESOLUTION NO. 98-276 RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE BALLOT QUESTION OF WHETHER TO AWARD A NON-EXCLUSIVE FRANCHISE FOR CABLE TELEVISION TO McLEoDUSA ATS AT THE SPECIAL CITY ELECTION TO BE INCLUDED IN THE NOVEMBER 3, 1998 GENERAL ELECTION. WHEREAS, the City Council of the City of Iowa City, Iowa has received a request and proposal from McLeodUSA ATS to provide cable television services to residents of Iowa City; and WHEREAS, the City Council has awarded a non-exclusive franchise for cable television service to McLeodUSA ATS subject to approval of voters, and further subject to execution of a franchise agreement with the City of Iowa City and filing of acceptance in writing to the Iowa City City Council of said franchise by McLeodUSA ATS, and further subject to all applicable federal and state laws, rules, and regulations, and City ordinances; and WHEREAS, state law requires any cable franchise be submitted to voters for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Clerk is directed to cedify copies of Ordinance No. 98-3848 to the Johnson County Auditor for placement and posting of said ordinance at the ballot booth at the Special City election to be included in the November 3, 1998 general election. The Johnson County Auditor is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa at the Special City election to be included in the November 3, 1998 general election: Shall the franchise ordinance of the City of Iowa City, Iowa, Ordinance No. 98-3848 be approved and the City Council of Iowa City authorized to grant a non-exclusive cabl~; television franchise for ten years to McLeodUSA ATS? Yes Passed and approved this 25th August cabletv/re~/mdeod .do~ No MAYOR City Attorney's Office Resolution No. 98-276 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Jeff Davidson, Planning, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 98-277 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT' BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT PROGRAM FUNDS, AND A SIDE AGREEMENT FOR RAILROAD INTERCHANGE TRACK CONSTRUCTION BETWEEN THE CITY OF IOWA CITY, THE IOWA INTERSTATE RAILROAD, AND THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY. WHEREAS, railcars to be interchanged between the Iowa Interstate Railroad and the Cedar Rapids and Iowa City Railway cause significant traffic congestion due to the blockage of arterial streets in Iowa City; and WHEREAS, the Iowa Interstate Railroad and the Cedar Rapids and Iowa City Railway have prepared a plan to relocate their interchange track to an area outside of Iowa City; and WHEREAS, the City of Iowa City supports and endorses this plan because it will significantly reduce traffic congestion and the air pollution caused by stalled traffic in Iowa City; and. . WHEREAS, the Iowa Department of Transportation has awarded Iowa Clean Air Attainment Program funds to be used to relocate said interchange track; and WHEREAS, the Iowa Interstate Railroad and the Cedar Rapids and Iowa City Railway have agreed to provide matching funds for the Iowa Clear Air Attainment Program funds, and to administer the construction project for the interchange back rel~Cation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and City Clerk to attest the agreement with Iowa DOT for Iowa Clean Air Attainment Program funds. 2. The Mayor is authorized to sign and the City Clerk to attest the side agreement between the City, the Iowa Interstate Railroad, and the Cedar Rapids and Iowa City Railway. Passed and appmved this Staff is authodzed to provide any additional documentation required by Iowa DOT. 25th day of Auqust ,1998. A'FTEST:Ci~~L~Rz~K ~. Approved by Resolution No. 98-277 Page 2 It was moved by Thornberr.y and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton ' O'Donnell Thornberry Vanderhoef 8-95 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSPORTATION CLEAN AIR ATTAINMENT PROGRAM PROJECT RECIPIENT: Iowa City COUNTY: Johnson PROJECT NO.: STP-A-3715(12)--86-52 IOWA DOT AGREEMENT NO.: 98-STPA-27 This is an agreement between the city of Iowa City (hereinafter referred to as RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Section 306'A. 7 and Section 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 Clean Air Attainment project for funding under See. 133 (b) (9), Sec. 104 (b)(2) and Sec. 149 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 Clean Air Attainment 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 Transportation Clean Air Attainment project: The relocation of the railroad tracks interchange "wye" of the Iowa Interstate Railroad (IAIS) and the Iowa City Railway (CRANDIC) from the metropolitan location near Gilbert Street/Gilbert Court/Kirkwood Avenue/Highland Avenue to a location in the vicinity of the Amana Colonies. Agreement No: 98-STPA-27 Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 98-STPA-27 as of the date shown opposite its signature below. Title Mayor August 25 - -,19 98 A~~ By //--4'/-/~ ~-~/~Arm s T: Glty Attomsy'S OffiO$:.. = .... Signed ~7~,4.,r~,-g.,) 2~. :Title_. City Clerk (for RECn~mNT) ::Date 'Auqugt 25 --:: · 19 98 IOWA DEPARTMENT OF TRANSPORTATION Project Development Division 'By '.c~"~ ~ E. Ion l~nney, PE & L.S. Urban Systems Engineer, Office of Local Systems Date ~//~ / , ~9 2~ Agreement No: 98-STPA-27 Page 2 The RECIPIENT shall receive reimbursement of Federal STP funds for authorized and approved project costs of eligible items. The portion of the 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 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. The attached Exhibit 1 will apply and is hereby made a part of this agreement. ,2-96 EXHIBIT 1 Standard Provisions for Federal-Aid Project Agreement Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age or handicap/disability. The DEPARTMENT will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federal-aid projects. 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 farrnland is to be acquired, whether for use as project fight-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. 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 1 -2- 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. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay to the DEPARTMENT an amount equal to the amount of Federal funds made available for such engineering. 10. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures. The RECIPIENT will need to get environment~tl concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 1.1. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Chapter 306A, Code of Iowa. 12. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 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. 1'4 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. After bids are received and reviewed, the DEPARTMENT will furnish the RECIPIENT with a tabulation of responsive bids received. 15. The DEPARTMENT will mail three (3) originals of the unexecuted contract(s) to either the RECIPIENT (City projects) or the lowest responsive bidder (County projects). Exhibit 1 -3- 16. The RECIPIENT shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the RECIPIENT shall forward to the DEPARTMENT two (2) copies of the fully executed contract, performance bond, and certificate of insurance. 17. If Federal-aid is requested for force account construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 18. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration(FHWA) approval and obligation of Federal-aid funds. 19. The RECIPIENT shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services acc&ding to its normal policy. 20. The project shall be constructed under the DEPARTMENT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. 21. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or sums of Federal funds in the right of way to the DEPARTMENT. 22. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 23. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. 24. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. Exhibit -4- 25. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such matedais available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 26. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement oftrafl[ic control devices, 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. 27. 28. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. 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 Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 29. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. It is the intent of both parties that no third party beneficiaries be created by this agreement. 31. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code chapter 384 (CITY), chapter 311 (COUNTY). The RECIPIENT agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the RECIPIENT) from special assessments levied for this project exceed the local share of total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. Exhibit I -5- 31. (cont.) The RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. 32. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 33. This agreement, as set forth in items 1 through 6 and EXHIBIT 1 paragraphs 1 through 33 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendure to this agreement. Said addendum shall become effer:tive only upon written approval of the DEPARTMENT and the RECIPIENT. SIDE AGREEMENT FOR RAILROAD TRANSPORTATION IMPROVEMENT PROJECT FOR RAILROAD INTERCHANGE TRACK CONSTRUCTION This is an agreement between the City of Iowa City (hereinafter referred to as "City"), Iowa Interstate Railread, Ltd. (hereinafter referred to as "IAIS") and Cedar Rapids and Iowa City Railway Company (hereinafter referred to as "CRANDIC") to allocate responsibilities with respect to the construction project (hereinafter referred to as "Project") to relocate the railroad interchange tack used by IAIS and CRANDIC from its existing location at Gilbert Street and Gilbert Court extending from Kirkwood Avenue to Highland Avenue, in south Iowa City, to a rural location in Iowa County near the Amana Colonies. The parties acknowledge that the present existing railread interchange tack may continue to be used after completion of the Project to service customers in that area. The City has applied for and received a grant of $1,065,646 from the Iowa Department of Transportation (hereinafter referred to as "IDOT"), or 70.06% of the estimated Project cost, whichever is less, to complete this railread interchange track construction project. As an inducement for the City to enter into a contact with IDOT for the Project, IAIS and CRANDIC agreed to provide certain funding, construction and construction management for the Project, as more fully set forth herein. I.' City Responsibilities: A. City agrees to enter into an agreement with IDOT for the purpose of financing the Project, identified as Project #STP-A-3715(12)- -86-52, IDOT Agreement #98-STPA-27. B. City agrees to be the local govemment agency for carrying out this project. 2 C. City agrees to cooperate with and coordinate activities with IAIS and CRANDIC in connection with IAIS's and CRANDIC's c~nstruction of the project. City agrees to process in a timely manner all authorized and approved project costs of eligible items submitted by IAIS and/or CRANDIC to IDOT for payment, and upon receipt from IDOT of such funds, to timely reimburse IAIS and/or CRANDIC for such costs incurred. The City's financial contribution to the Project shall be the amount of the grant from IDOT of $1,065,646 or 70.6% of the estimated cost of the Project, whichever is less. Should the actual total Project cost exceed the estimated total Project cost, such additional cost shall be the responsibility of IAIS and CRANDIC. II. IAIS ReSponsibilities: Subject to Section I.E. of this Agreement, IAIS agrees to provide at its cost, the necessary real estate for the relocation of the railroad interchange track. IAIS's financial contribution to this Project shall be approximately 15% of the total Project cost, which contribution includes one-half of the cost of real property acquisition, and may include the cost of material purchases, professional consultant fees, quality control, and worker protection. IAIS, in conjunction with IDOT, agrees to undertake construction of the interchange relocation Project and to arrange for all necessary construction management services, e<~uipment, personnel, and facilities necessary to carry out and complete the Project. IAIS agrees that it will assume and will undertake on behalf of the City the" Projecrs construction and management related responsibilities set out in IDOT Project #STP-A 3715(12)--86-52; IDOT Agreement fffi8-STPA-27, and its attached Exhibit 1, which Agreement is hereby made a part of this agreement. IAIS agrees to coordinate and cooperate with CRANDIC and the City with respect to the vadous construction and other activities it undertakes in connection with the Project. IAIS agrees that should the Project not be completed within 2 years of the date of this Agreement, or such later date as the parties may agree, IAIS shall repay all sums advanced or paid to it by or through the City or IDOT in connection with this Project. IAIS agrees to indemnify, defend, and hold the City harmless from any action or liability adsing out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this Project. IAIS agrees to carry and maintain liability insurance, in a minimum amount of $1,000,000 with contractual liability coverage included as part of such insurance, naming the City of Iowa City as an additional insured, and shall furnish a copy of Certificate of Insurance for same, satisfactory to the City. IAIS agrees to maintain such insurance in force until the Project is con~pleted and IDOT accepts the Project as complete. III. CRANDIC Responsibilities: Subject to Section I.E: of this Agreement, CRANDIC's financial contribution to this Project shall be approximately 15% of the total Project cost, which contribution includes one-half of the cost of real property acquisition and may include matedal purchases, quality control, professional consultant fees, and worker protection. B. CRANDIC agrees to coordinate and cooperate with IAIS and with the City with respect to tRe various construction and other activities it undertakes in connection with the Project. CRANDIC agrees that should this Project not be completed within 2 years of the date of this Agreement, or such later date as the parties may agree, CRANDIC shall repay all sums advanced or paid to it by or through the City or IDOT in connection with this Project. CRANDIC agrees to-indemnify, defend, and hold the City harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this Project. CRANDIC agrees to carry and maintain liability insurance in a minimum amount of $1,000,000 with contractual liability coverage included as part of such insurance, naming the City of Iowa City as an additional insured, and shall furnish a copy of Certificate of Insurance for same, satisfactory to the City. CRANDIC agrees to maintain such insurance in force until the Project is completed and IDOT accepts the Project as complete. FOR THE CITY OF IOWA CITY Title: Attest: ,2Z/~¢.,.,-~.2 7~- Date: ::,__:, FOR IOWA INTERSTATE RAILROAD, LTD. Approved by: 5 FOR CEDAR RAPIDS D IOWA CITY RAILWAY COMP, By:. "" Title: (,/)~ ,/~'~ Date: andy~"andic.doc 4 /5 D. CRANDIC agrees to indemnify, defend, and hold the City harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this Project. CRANDIC agrees to carry and maintain liability insurance in a minimum amount of $1,000,000 with contractual liability coverage included as part of such insurance, naming the City of Iowa City as an additional insured, and shall furnish a copy of Certificate of Insurance r same, satisfactory to the City. CRANDIC agrees to maintain such insurance in for e until the Project is completed and IDOT accepts the Project as complete. / / / FOR THE CITY OF IOWA CITY By: Title: Attest: Date: Approved by: ~ty~A~orney's Office FOR IOWA INTERSTATE RAILROAD, LTD. By: Title: ~ate: FOR CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY By: Title: Date: andy\crandic.doc Prepared by: Jim Brachtel, Sr. Civil Engineer, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 98-278 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE 1998 PAVEMENT MARKING PROJECT. WHEREAS, All Iowa Contracting of Waterloo, Iowa has submitted the lowest responsible bid of $74,185.37 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: That the contract for the construction of the above-named project is hereby awarded to All Iowa Contracting, subject to the condition that awardee secure adequate performance and payment 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 and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this ATTEST: CI ~ ,,iT/T~CLERK ~' It was moved by Nor'ton 25th day of Aug and seconded by Vander'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ch,ampion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/pavemt98.doc ADVERTISEMENT FOR BIDS 1998 PAVEMENT MARKING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 18~' day of August, 1998, 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 Engineer. 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 7:00 P.M. On the 25"' day of August, 1998, or at such later time and place as may then be scheduled. The Project will involve the following: the surface preparation for and the installation of 625 stations of epoxy paint pavement markings on certain arterial and collector streets. All work is to be done in strict compliance with the plans and specifications prepared by James N. Brachtel, P.E. Senior Engineer, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation 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 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 mainte- nance 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 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 materials and labor, and also protect and save harmless the City from all claims AF-1 and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 10 Specified Start Date: September 14, 1998 Liquidated Damages: $200 per day The plans, specifications and proposed contract 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 James N. Brachtel, P.E., Senior Engineer, Iowa City, Iowa, by bona fide bidders. A $10 non-refundable fee 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 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 all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, 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 lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference 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. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Rob Winstead, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 98-279 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF PHASE I OF THE NORTH RIVERSIDE DRIVE/ARTS CAMPUS STORM SEWER PROJECT. WHEREAS, Iowa Bridge & Culvert, Inc. of Washington, Iowa has submitted the lowest responsible bid of $452,883.50 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T'HE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to Iowa Bridge & Culvert, Inc., subject to the condition that awardee secure adequate performance and payment 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 and payment bond, insurance certificates, and contract compliance program statements· Passed and approved this 25th day of Auqust , 19 98 ATTEST: CiT~CL~~RK ~' ~A/~ It was moved by Thornberry and seconded by and upon roll call there were: Vanderhoef the Resolution be adopted, AYES: NAYS: ABSENT: pweng\res',ads5.doc Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ADVERTISEMENT FOR BIDS RIVERSIDE DRIVE / ARTS CAMPUS STORM SEWER PROJECT - PHASE I CITY OF IOWA CITY / UNIVERSITY OF IOWA Sealed proposals will be received by the City Clerk of the Ci!Z of Iowa City, Iowa, until 10:30 A.M. on the 18 day of August, 1998, 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 Engineer. 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 7:00 P.M. on the 25th day of August, 1998, or at ~uch later time and place as may then be scheduled. The Project will involve the following: 445 lineal feet of cast-in-place reinforced concrete box culved with associated sidewalk, landscaping work, and watermain and other utility relocations. All work is to be done in strict compliance with the plans and specifications prepared by NNW, Inc., 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 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 mainte- nance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. AF-1 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) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 40 Specified Late Start Date: September 7, 1998 Liquidated Damages: $300 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 the City Engineer, 410 E. Washington St., Iowa City, Iowa, by bona fide bidders. A $30 non-refundable' fee 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 the 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 all 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 virtue of statutory authority, 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 lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference 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. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 98-280 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I'I'EST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE USTEP PROJECT - TURN LANE CONSTRUCTION AT IOWA HIGHWAY 1 AND SUNSET STREET (UST-1-5(66)-4A-52) WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for USTEP project (UST;1-5(66)--4a-52) for the installation of a fight turn lane on Iowa 'Highway 1 at Sunset Street; this agreement will provide a maximum USTEP funding not to exceed the amount of 55% of eligible construction costs of $43,900. 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 authodzedto"~i'~r~ and'the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation for USTEP funds. 3. The City Clerk shall fumish copies of said agreement to any citizen requesting same. Passed and approved this 25th day of Auqu ,1998. Approved by It was moved by Thornberry and upon roll call there were: and seconded by Norton the Resolution be adopted, AYES: NAYS: X ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 4~98 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN-STATE TRAFFIC ENGINEERING PROGRAM PROJECT City: Iowa City County: Johnson Project No.: UST-1-5(66)--4A-52 Iowa Department of Transportation Agreement No.: 98-USTEP-77 Staff Action No.: S-99-083 This is an agreement between the city of Iowa City, (hereinafter called CITY) and the Iowa Department of Transportation, (hereinafter called the DEPARTMENT), to enter into an agreement for joint or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to the laws of the governing bodies involved. The DEPARTMENT provides funds through the Urban-State Traffic Engineering Program (U-STEP), a cooperative program for safety or operational improvements on primary road extensions. The DEPARTMENT has made these funds available for reimbursement and will share eligible construction and right-of-way costs in the ratio of 55 percent DEPARTMENT funds and 45 percent local funds up to a maximum amount in DEPARTMENT funds of $200,000 for a "spot improvement" or $400,000 for a "linear improvement ". A "spot improvement" shall mean a limited improvement project such as intersection reconstruction or signalization; and a "linear improvement" shall mean an improvement project such as street or highway widening or reconstruction which spans two or more intersections. The CITY proposes to develop and complete the following described U-STEP project: Spot Improvement: Construction of a right turning lane along Iowa No. 1 for westbound traffic at the Sunset Street intersection. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide U-STEP funding to the CITY for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The CITY shall be the lead local governmental agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of the U-STEP project. All notices required under this agreement shall be made in writing to the DEPARTMENT and the CITY's contact person. The DEPARTMENT's contact person shall be the Local Systems Engineer of the East Central Iowa Transportation Center. The CITY's contact person shall be the City ~ Engineer. Agreement No.: 98-USTEP-77 Page 2 The estimated total of eligible construction and right-of-way cost for this project is $43,900. If, upon completion of final plans, the estimate exceeds the preliminary total estimate contained herein by 20 percent or more, the increased cost must be approved by the DEPARTMENT prior to contract letting or the extra work must be approved before the beginning of construction. 4. The attached Standard U-STEP Exhibit and Exhibit A will apply and is hereby made a pan of this Agreement. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 98-USTEP-77 as of the date shown opposite its signature below. Date AOgust 25 ,19 98 Title Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, and that Ernest W. Lehman , 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 251h day of August , 19 clR Signed City Clerk of Iowa City, Iowa Date August 25 , 19 98 IOWA DEPARTMENT OF TRANSPORTATION Project Development Division E. JZ PE&L'~S/ Urban Systems Engineer Office of Local Systems Approved By · ~l~'Attorney'8 ,19 Y~ 04-98 U-STEP EXHIBIT Standard Provisions for Project Agreement , The CITY shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity. No person shall, on the grounds of race, creed, color, sex, national origin, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the CITY receives state funds from the DEPARTMENT. The CITY shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit A which is attached hereto and by this reference is made a pan of this agreement. The CITY shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. The DEPARTMENT will share, as stated in the agreement, for the costs of construction of longitudinal and outlet storm sewers made necessary by highway construction in the proportion that the street right-of-way of the primary road extension bears to the total drainage area to be served by the proposed sewers. The CITY shall be responsible for the remaining portion of storm sewer costs not paid for by the DEPARTMENT. If right of way must be acquired for the project, the CITYshall negotiate and secure the necessary right of way using the most appropriate of the following methods: a. When right of way is to be acquired in the name of the DEPARTMENT, before acquisition procedures are begun, the CITY shall meet the staff persons from the DEPARTMENT' s Office of Right of Way to assure compliance with the U.S.Code, the Iowa Code, and 761 Iowa Administrative Code (IAC) Chapter 111; b. When right of way is to be acquired in the name of the CITY and it abuts a route on a federal aid system, the CITY shall comply with the U.S. Code, the Iowa Code, and Chapter 111 of the IAC; c. When right of way is to be acquired in the name of the CITY, and it does not abut a route on a federal aid system, the CITY shall comply with the Iowa Code. U-STEP Exhibit Page 2 , 10. 11. 12. 13. The CITY will prepare and furnish to the DEPARTMENT for review the necessary project plans, specifications, and an estimate of cost for the proposed construction project. Traffic signals shall conform to the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). Upon DEPARTMENT acceptance of final plans, proposal forms, specifications and cost estimate, the DEPARTMENT will give the CITY written notice to proceed with the project. For the portion of the project under contract by public letting, the CITY shall advertise for bidders, hold a public letting, and provide adequate supervision for the construction work performed under the contract. The CITY shall submit the letting documents to the DEPARTMENT for concurrence prior to formal action in the award of the contract. The project must be let to contract within two (2) years of the date this agreement is approved by the DEPARTMENT. If not, the CITY may be in default, for which the DEPARTMENT may revoke funding commitments. This agreement may be extended for a period of six (6) months upon receipt of a written request from the CITY at least thirty (30) days prior to the two (2) year deadline. The CITY will be responsible for the costs of the construction. Acceptance of the completed construction shall be with the concurrence of the DEPARTMENT. The CITY shall prepare and submit to the DEPARTMENT a detailed billing statement of materials, installation, and construction costs incurred by the CITY. Design, inspection, and administration costs will be borne by the CITY. If said statement and documentation is in proper form, the DEPARTMENT will promptly reimburse the CITY in the amount of 55 percent of the eligible costs of the project, taking into account the limitations as stated in the agreement. Signs and other traffic control devices necessary for construction of the project shall be in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD) per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance of the stop signs and/or crosswalks and on the exit sides of the minor streets for a distance of 35 ft. beyond the stop signs and/or crosswalks which shall go into effect at such time as the project is completed and opened to through traffic. Upon completion of the project, the CITY will certify that the project was completed in substantial compliance with the plans and specifications set out in this agreement before receiving final reimbursement of DEPARTMENT funds. The CITY shall provide to the DEPARTMENT three (3) copies of the "as-built" project plans, within six (6) months after the project is built. U-STEP Exhibit Page 3 14. 15. 16. 17. 18. 19. 20. 21. The CITY shall have ownership of traffic signals constructed with this project and shall operate them at it's expense so long as signal protection is considered by either party as necessary at said location. If considered by both parties as no longer necessary at said location, the signals are to be removed by the CITY at the CITY's expense, and may be installed at another location acceptable to both parties and thereafter shall be owned and operated at the expense of the CITY. Periodic billing statements may be submitted by the CITY during progress of the work. The DEPARTMENT will review these statements and make recommendations as to their payments. Payments will be made in accord with Paragraph 9 above. The RECIPIENT shall submit a final detailed billing statement to the DEPARTMENT no later than one (1) year after the date the DEPARTMENT concurs in the acceptance of the completed construction. If a final detailed billing statement is not submitted to the DEPARTMENT by the CITY in the one (1) year period, the DEPARTMENT will close the project's financial records without making additional reimbursement to the CITY unless a time extension is requested. The time extension should be requested in writing by the CITY and approved by the DEPARTMENT, at least thrity (30) days prior to the one (1) year deadline. The CITY agrees to indemnify, defend and to hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. If any part of this agreement is found to be void and unenforceable, then the remaining provisions of this agreement shall remain in effect. This agreement is not assignable without the prior written consent of the DEPARTMENT. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the dispute. The DEPARTMENT and the CITY agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. This agreement, as set forth in items 1 through 4 and paragraphs 1 through 2 1 of the U-STEP EXHIBIT and EXHIBIT A, constitutes the entire agreement between the DEPARTMENT and the CITY. No representations, promises, or warranties have been made by either party that are not fully expressed in this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement which shall be effective only upon written approval of the DEPARTMENT and the CITY. 7/5/97 EXHIBIT A UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with state funds. Under this policy it is the responsibility of the recipients of state funds to help finance projects to make a positive effort to solicit bids from and to utilize TSBs as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. The Recipient's "positive efforts" should include, but not be limited to: Obtaining the names of qualified TSB contractors from the Iowa Department Transportation (515-239-1427) or the Iowa Department of Economic Development (515-2424721) and/or seek these contractors through advertising in general-circulation, trade association or minority-focused media. The Iowa Department of Management shall determine whether contractors who respond to such advertisements qualify for TSB designation. o Notifying qualified TSBs of proposed projects involving state-assisted funding. Notification should be made in sufficient time to allow the TSBs to participate effectively in the bidding process. 3. Soliciting bids from qualified TSBs on each project, and identifying for TSBs the availability of subcontract work. Including in the bid proposals for state-assisted projects, a contract provision titled "TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)", or a similar document developed by the Recipient. , Ensuring that the awarded contractor has and shall follow the contract provisions. The Recipient is encouraged to establish goals or percentages to achieve TSB participation in these projects. Contract goals may vary depending on the type of project, the projects sub- contractible items, the type of service or supplies needed for the project, and the availability of qualified TSBs in the area. EXHIBIT A Page 2 The Recipient shall agree to provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSBs. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals noting established TSB goals, if any. 3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the project or projects covered by this agreement. 4. The attached "Checklist and Certification" form shall be filled out upon completion of each project and forwarded to the DOT's contact person. 7/97 CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) COUNTY: CITY: PROJECT NUMBER: AGREEMENT NUMBER: 1. Were qualified TSB names obtained from the Department of Economic Development? YES If no, explain 2. Were qualified TSBs notified of project? YES NO If yes, by letter , telephone , personal contact , other If no, explain 3. Were bids solicited from qualified TSBs? YES NO If no, explain Was a goal or percentage(%) established for TSB participation? YES If yes, what was the goal or % If no, explain why not, 5. Did the prime contractor use positive efforts to utilize TSBs on subcontracts? YES If no, what action was taken by County/City Is documentation in files? YES What was the dollar amount reimbursed to the County/City from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSBs? $ Name and address of the TSB (Use additional sheet if necessary) Was the goal or percentage (%) achieved YES If no, explain NO NO NO NO NO I certify that the COUNTY/CITY (circle one) used positive efforts to utilize TSBs as participants in this project. Project Engineer/Manager Date Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 98-281 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I'!'EST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE USTEP PROJECT - TURN LANE CONSTRUCTION AT U.S. 6 AND FIRST AVENUE (UST-6-7(54)-4A-52) WHEREAS. the City of .Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for a USTEP project (UST-6-7(54)--4A-52) for the extension of the left tum lane on U.S. Highway 6 at First Avenue; this agreement will provide a maximum USTEP funding not to exceed the amount of 55% of eligible construction costs of $48,300. NOW, THEREFORE, CITY, IOWA, THAT: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA 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 between the City of Iowa City and the Iowa Department of Transportation for USTEP funds. Passed and approved this 25th day of The City Clerk shall furnish copies of said agreement to any citizen requesting same. Auqust ,1998. Approved by ~ity At~s~ffice~x~ It was moved by Thornberry and upon roll call there were: and seconded by Vanderhoef the Resolution be adopted, pwengVes~step2.doc AYES: NAYS: X X X X X X X ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef '~,t:98 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN-STATE TRAFFIC ENGINEERING PROGRAM PROJECT City: Iowa City County: Johnson Project No.: UST-6-7(54)--4A-52 Iowa Department of Transportation Agreement No.: 98-USTEP-78 Staff Action No.: S-99-084 This is an agreement between the city of Iowa City, (hereinafter called CITY) and the Iowa Department of Transportation, (hereinafter called the DEPARTMENT), to enter into an agreement for joint or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to the laws of the governing bodies involved. The DEPARTMENT provides funds through the Urban-State Traffic Engineering Program (U-STEP), a cooperative program for safety or operational improvements on primary road extensions. The DEPARTMENT has made these funds available for reimbursement and will share eligible construction and right-of-way costs in the ratio of 55 percent DEPARTMENT funds and 45 percent local funds up to a maximum amount in DEPARTMENT funds of $200,000 for a "spot improvement" or $400,000 for a "linear improvement ". A "spot improvement" shall mean a limited improvement project such as intersection reconstruction or signalization; and a "linear improvement" shall mean an improvement project such as street or highway widening or reconstruction which spans two or more intersections. The CITY proposes to develop and complete the following described U-STEP project: Spot Improvement: For Construction of a left turning lane for east bound traffic along U.S. No. 6 at the intersection with First Avenue. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide U-STEP funding to the CITY 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 CITY shall be the lead local governmental agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of the U-STEP project. All notices required under this agreement shall be made in writing to the DEPARTMENT and the CITY's contact person. The DEPARTMENT's contact person shall be the Local Systems Engineer of the East Central Iowa Transportation Center. The CITY's contact person shall be Cit ~ the y Engineer. '.~igreement No.: 98-USTEP-78 Page 2 , The estimated total of eligible construction and right-of-way cost for this project is $48,300. If, upon completion of final plans, the estimate exceeds the preliminary total estimate contained herein by 20 percent or more, the increased cost must be approved by the DEPARTMENT prior to contract letting or the extra work must be approved before the beginning of construction. The attached Standard U-STEP Exhibit and Exhibit A will apply and is hereby made a part of this Agreement. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 98-USTEP-78 as of the date shown opposite its signature below. Date August 25 ,19 98 Title Mayor I, Marian K. Karr andthat Ernest W. Lehman behalfofthe CITY was duly authorized to executethe same by virtue ofaformal Resolution duly passed and adopted by theCITY, on the August Signed ~,~,~,,,_.~_) ~d~J. City Clerk of Iowa City, Iowa Date August 25 IOWA DEPARTMENT OF T~NSPORTATION Project Developmere Division E. Jon '~ PE & LS Urban Systems Engineer Office of Local Sysmms , certify that I am the Clerk of the CITY, , who signed said Agreement for and on 25th day of ,19 98 · / 19 98 Approved By Attorney s ~ffi~'~e ,19 04-98 U-STEP EXHIBIT Standard Provisions for Project Agreement The CITY shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity. No person shall, on the grounds of race, creed, color, sex, national origin, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the CITY receives state funds from the DEPARTMENT. The CITY shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit A which is attached hereto and by this reference is made a part of this agreement. The CITY shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. The DEPARTMENT will share, as stated in the agreement, for the costs of construction of longitudinal and outlet storm sewers made necessary by highway construction in the proportion that the street right-of-way of the primary road extension bears to the total drainage area to be served by the proposed sewers. The CITY shall be responsible for the remaining portion of storm sewer costs not paid for by the DEPARTMENT. If right of way must be acquired for the project, the CITYshall negotiate and secure the necessary right of way using the most appropriate of the following methods: a. When right of way is to be acquired in the name of the DEPARTMENT, before acquisition procedures are begun, the CITY shall meet the staff persons from the DEPARTMENT's Office of Right of Way to assure compliance with the U.S.Code, the Iowa Code, and 761 Iowa Administrative Code (IAC) Chapter 111; b. When right of way is to be acquired in the name of the CITY and it abuts a route on a federal aid system, the CITY shall comply with the U.S. Code, the Iowa Code, and Chapter 111 of the IAC; c. When right of way is to be acquired in the name of the CITY, and it does not abut a route on a federal aid system, the CITY shall comply with the Iowa Code. U-STEP Exhibit Page 2 10. 11. 12. 13. The CITY will prepare and furnish to the DEPARTMENT for review the necessary project plans, specifications, and an estimate of cost for the proposed construction project. Traffic signals shall conform to the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). Upon DEPARTMENT acceptance of final plans, proposal forms, specifications and cost estimate, the DEPARTMENT will give the CITY written notice to proceed with the project. For the portion of the project under contract by public letting, the CITY shall advertise for bidders, hold a public letting, and provide adequate supervision for the construction work performed under the co. ntract. The CITY shall submit the letting documents to the DEPARTMENT for concurrence prior to formal action in the award of the contract. The project must be let to contract within two (2) years of the date this agreement is approved by the DEPARTMENT. If not, the CITY may be in default, for which the DEPARTMENT may revoke funding commitments. This agreement may be extended for a period of six (6) months upon receipt of a written request from the CITY at least thirty (30) days prior to the two (2) year deadline. The CITY will be responsible for the costs of the construction. Acceptance of the completed construction shall be with the concurrence of the DEPARTMENT. The CITY shall prepare and submit to the DEPARTMENT a detailed billing statement of materials, installation, and construction costs incurred by the CITY. Design, inspection, and administration costs will be borne by the CITY. If said statement and documentation is in proper form, the DEPARTMENT will promptly reimburse the CITY in the amount of 55 percent of the eligible costs of the project, taking into account the limitations as stated in the agreement. Signs and other traffic control devices necessary for construction of the project shall be in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD) per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance of the stop signs and/or crosswalks and on the exit sides of the minor streets for a distance of 35 ft. beyond the stop signs and/or crosswalks which shall go into effect at such time as the project is completed and opened to through traffic. Upon completion of the project, the CITY will certify that the project was completed in substantial compliance with the plans and specifications set out in this agreement before receiving final reimbursement of DEPARTMENT funds. The CITY shall provide to the DEPARTMENT three (3) copies of the "as-built" project plans, within six (6) months after the project is built. U-STEP Exhibit Page 3 14. 15. 16. 17. 18. 19. 20. 21. The CITY shall have ownership of traffic signals constructed with this project and shall operate them at it's expense so long as signal protection is considered by either party as necessary at said location. If considered by both parties as no longer necessary at said location, the signals are to be removed by the CITY at the CITY's expense, and may be installed at another location acceptable to both parties and thereafter shall be owned and operated at the expense of the CITY. Periodic billing statements may be submitted by the CITY during progress of the work. The DEPARTMENT will review these statements and make recommendations as to their payments. Payments will be made in accord with Paragraph 9 above. The RECIPIENT shall submit a final detailed billing statement to the DEPARTMENT no later than one (1) year after the date the DEPARTMENT concurs in the acceptance of the completed construction. If a final detailed billing statement is not submitted to the DEPARTMENT by the CITY in the one (1) year period, the DEPARTMENT will close the project's financial records without making additional reimbursement to the CITY unless a time extension is requested. The time extension should be requested in writing by the CITY and approved by the DEPARTMENT, at least thrity (30) days prior to the one (1) year deadline. The CITY agrees to indemnify, defend and to hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT' s application review and approval process, plan and construction reviews, and funding participation. If any part of this agreement is found to be void and unenforceable, then the remaining provisions of this agreement shall remain in effect. This agreement is not assignable without the prior written consent of the DEPARTMENT. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the dispute. The DEPARTMENT and the CITY agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. This agreement, as set forth in items 1 through 4 and paragraphs 1 through 21 of the U-STEP EXHIBIT and EXHIBIT A, constitutes the entire agreement between the DEPARTMENT and the CITY. No representations, promises, or warranties have been made by either party that are not fully expressed in this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement which shall be effective only upon written approval of the DEPARTMENT and the CITY. 7/5/97 EXHIBIT A UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code 'Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with state funds. Under this policy it is the responsibility of the recipients of state funds to help finance projects to make a positive effort to solicit bids from and to utilize TSBs as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. The Recipient's "positive efforts" should include, but not be limited to: Obtaining the names of qualified TSB contractors from the Iowa Department Transportation (515-239-1427) or the Iowa Department of Economic Development (5 15-242-4721) and/or seek these contractors through advertising in general-circulation, trade association or minority-focused media. The Iowa Department of Management shall determine whether contractors who respond to such advertisements qualify for TSB designation. Notifying qualified TSBs of proposed projects involving state-assisted funding. Notification should be made in sufficient time to allow the TSBs to participate effectively in the bidding process. 3. Soliciting bids from qualified TSBs on each project, and identifying for TSBs the availability of subcontract work. Including in the bid proposals for state-assisted projects, a contract provision titled "TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)", or a similar document developed by the Recipient. Ensuring that the awarded contractor has and shall follow the contract provisions. The Recipient is encouraged to establish goals or percentages to achieve TSB participation in these projects. Contract goals may vary depending on the type of project, the projects sub- contractible items, the type of service or supplies needed for the project, and the availability of qualified TSBs in the area. EXHIBIT A Page 2 The Recipient shall agree to provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSBs. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals noting established TSB goals, if any. 3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the project or projects covered by this agreement. 4. The attached "Checklist and Certification" form shall be filled out upon completion of each project and forwarded to the DOT's contact person. 7197 CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) COUNTY: CITY: PROJECT NUMBER: AGREEMENT NUMBER: 1. Were qualified TSB names obtained from the Department of Economic Development? YES If no, explain 2. Were qualified TSBs notified of project? YES If yes, by letter , telephone , personal contact , other If no, explain 3. Were bids solicited from qualified TSBs? YES If no, explain 4. Was a goal or percentage(%) established for TSB participation? YES If yes, what was the goal or % If no, explain why not, 5. Did the prime contractor use positive efforts to utilize TSBs on subcontracts? YES If no, what action was taken by County/City Is documentation in files? YES (3. What was the dollar amount reimbursed to the County/City from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSBs? $ Name and address of the TSB (Use additional sheet if necessary) Was the goal or percentage (%) achieved YES If no, explain NO NO NO NO NO NO NO certify that the COUNTY/CITY (circle one) used positive efforts to utilize TSBs as participants in this project. Project Engineer/Manager Date Prepared by: Rob Winstead, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 98-282 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT' OF TRANSPORTATION FOR USE OF CITY STREETS AS A DETOUR AS PART OF THE HIGHWAY 6 RAILROAD CROSSING SURFACE RECONSTRUCTION PROJECT. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, a copy of said agreement being attached to this resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement for the use of City streets as a detour with the Iowa Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds the attached Agreement to be in the public interest, and said agreement is hereby approved as to form and content. 2. The Mayor and City Clerk are hereby directed to execute the attached Agreement. Passed and approved this 25th day of August , 1998. Approved by ATTEST: CiT,~~ERK Z) ~. ~Y~,, ,) It was moved by Norton adopted, and upon roll call there were: AYES: × X NAYS: and seconded by O'Donnel l the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef lowa Department of Transportation AGREEMENT FOR USE OF [~j CITY STREETS ['] SECONDARY ROADS AS DETOURS Ihm aclrPornr'r,t entered rote th~s 6th day of AUg USt . 19 98 by and belween the Iowa Departrnent of [~(~ City Cr,Hncll /ransporlat,on heremallet known as Ihe Party of the F,rsl Part: and the IOWa_ C~ ty I .I County Board of Superv,sors. hr,sr, mafter known as Party el Ihe Second Part Wl~EREAS, Ttm Party of the First Part has determined lhe necessity lo CJo_se U.S. 6 ea, s~_of Gilbert Street intersection at railroad crosfipg for 7 days for railroad cros_sing replacement and Wt tFRF AS II is necessary te provtde a delour for the construction site dur~nq ltte cor~slruchor~ period. and WHEREAS, Tile Pady of the Second Pad agrees 1o permit the use el _T.O_Wa G~ t_~ E'l Secondary roads G~lbert Street, Southgate Ave., and Keokuk Str~ ...... as a delour, more particularly described as foliows The detour w~ 11 start at the ~ntersect~on of U.S. 6 and Gilbert Street and then gp_~uth to Southgate Avgnue ~ntersection, then~ on Southgate Avenue to Keokuk Street ~ntersection, and then north on Keokuk Street to U.S. 6 intersection. and WHEREAS, Authorized engineers representing both the Party of the First Pad and the Pady el lhe Second Pad shall jointly execute and sign a writIon report concerning the condition of the proposed detour, after jointly inspecting said road, the subloci of the proposed detour; sald reporl to be in sufficient detail as to reasonably retlecl the condition of the roadway base. surface. shoulders and bridges and WHEREAS, Pady of tbe First Part agrees (pre-detour maintenance) tO perform_99y necessary upgrad~ng of s~gns and Davement markinqs where applicable to Iowa Department of Transportati_on standards. and WHEREAS. Pady of the First Part agrees 1o maintain the detour and provide all traffic control devices requ,red by the Iowa MUTCD ~ncludmg the marking of no-passing zones as specified in Section 3B-5 of the Iowa MUTCD during the period the L~j city slreet { ~ secondary road and struclures are being utilized as a primary read detour and D city street WHEREAS. Peer to revocahon of the detour, the Party of the Firsl Pad shah restore the [] secondary road to as good tendthen as it was peer [] City E] city street tn Its desageation as a temporary primary road, or compensate the [] County for excessive traffic upon the ~] secondary road durinq ,,,,, .....d., ..... .... 1~ be "1 WHEREAS, The delour period is estimated ~o~ between October [~_ a~d ~X January_~., ._, ~9,~_, ~ city street I If )W ] t IFREF ORE. BE IT AGREED that the described F] secondary road bn Hsqd as a detour under stipulalions ontlined abovp IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed by proper officers thereunto duly authorized as el the dates below mdicaled Dale Altest To: ............... Dale:,_ __ vedey C!!y Altomey'~ Office Iowa Depadment of Transportation Chairman County Board of Supervisors Audilor County lover) Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 98-283 RESOLUTION ADOPTING A LANDFILL POLICY STATEMENT REGARDING IOWA CITY'S COMMITMENT TO OWN AND OPERATE THE IOWA CITY SANITARY LANDFILL. WHEREAS, since 1972 Iowa City has owned a sanitary landfill serving Johnson County and the Cities of Riverside and Kalona in Washington County; and WHEREAS, the City desires to continue owning and operating a sanitary landfill serving this area for at least another 25 years; and WHEREAS, the City desires to prepare a master plan for future operation of the sanitary landfill; and WHEREAS, the City Council desires to include a landfill policy statement in the master plan; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Landfill Policy Statement attached hereto is in the public interest, and is approved as to form and content. 2. The Iowa City Landfill Policy Statement is adopted to guide the future operation of the sanitary landfill. Passed and approved this 25th It was moved by Thornberry and seconded by upon roll call there were: day of August ,1998. 0' Donne'l ] the Resolution be adopted, and AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/policy.doc o CITY OF I0 WA CITY SANITARY LANDFILL POLICY STATEMENT The City of Iowa City will provide landfill services to all residents, businesses and industry in Johnson County as well as the cities of Kalona and Riverside in Washington County. Landfill services will include not only landfilling but also many specialized services such as toxic material disposal services, pick up/drop off locations for recycled materials, white goods and tire recycling, etc. These specialized services will continue and may be expanded at the direction of the City Council. Landfill rates will be established to best serve the health, safety and welfare of the landfill service area and to ensure financial solvency of landfill operations and landfill supported programs. Iowa City is committed to providing a government sponsored public service in the form of landfill services to Johnson County and the cities of Kalona and Riverside in Washington County. Iowa City is committed to the landfill tonnage reduction policies established by the Iowa Department of Natural Resources. Landfilling, recycling, and all other final disposal services are to be publicly financed to the extent practical through disposal fees. Iowa City will continue to maintain its current landfill site and take full advantage of the significant capital investment already made in environmental management systems. This will necessitate future acquisition of 80 acres immediately west of the current landfill site for filling operations, with additional future negotiated land acquisitions including property north to Melrose Avenue, west to Kansas Avenue and south 1,320 feet to be used for a buffer zone or future landfill space. Iowa City is committed to efficient management of a variety of local waste disposal services. Iowa City is committed to environmental monitoring and, if necessary, remedial actions to comply with air and water quality regulations. The landfill master plan as identified in the Howard R. Green Company report will be substantially that which is identified in the report as Option #3. This option consists of a three-phase cell construction to an elevation of 810 feet with an optional vertical expansion to an elevation of 830 feet in a fourth phase. Additionally, the old construction/demolition waste area will be "mined out", and the material screened and disposed of in an active filling 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 ~, FAX (319) 356-5009 area. This option will require the purchase of the adjacent 80 acres to the west of the current site, and will extend the landfill to the overhead power line easement located on that property. Phases one through three will provide an estimated 33 years of waste disposal capacity at current usage, and phase four, the vertical expansion, will provide approximately 6 years additional capacity, for a total of 39 years of waste disposal capacity at current usage. 10. The closure and post-closure reserve costs are estimated at $11.8 million in 1998 dollars and will be generated over time through tipping fees. Reserves will be sufficient so that, to the fullest extent practical, Iowa City does not place itself in such a financial position whereby it cannot undertake mandated changes in the operation of the landfill. ' 11. The users of the landfill, meaning all of the cities in Johnson County, and the cities of Riverside and Kalona in Washington County will need to demonstrate a commitment to the long term financial health of this operation to enable the City to fulfill its obligations as the provider of this necessary regional service. Similar commitments from area business and industry will be encouraged. pweng\landpoli.doc CITY OF I0 WA CITY SANITARY LANDFILL POLICY STATEMENT Johnson t Washington County. Landfill services will inclu~t~.. not only landfilling but also many sl services such as toxic material disposal se~ces, pick up/drop off locations for 'cled materials, white goods and tire recycling, etc. Th~kse specialized services will cor and may be expanded at the direction of the City Co~r,L.cil. 2. Landfill rates will be establi' ed to best serve service area and to ensure' fisf~anoial solvency p rog rams. 3. Iowa City is committed to providin! landfill services to Johnson County County. safety and welfare of the landfill landfill operations and landfill supported sponsored public service in the form of cities of Kalona and Riverside in Washington 4. Iowa City is committed to the landfill ~ reduction policies established by the Iowa Department of Natural Resources. / / / 5. Landfilling, recycling, and all other fYnal disposal are to be publicly financed to the extent practical through disposal fe/~s. / 6. Iowa City will continue to main!~in its current landfill s and take full advantage of the significant capital investment already made in environment management systems. This will necessitate future acquisition ~f 80 acres immediately wes of the current landfill site for filling operations, with additior~al future negotiated land acquis ions including property north to Melrose Avenue, west to,"Kansas Avenue and south 1,320 et to be used for a buffer zone or future landfill space:' 8. i o comply with air and w&{er quality regulations. ,, three-phase cell construction to an elevation of 810 feet with an optional ve~ical expansion to an elevation of 870 feet in a fou~h phase. Additionally, the old construction/demolition waste area will be "mined out", and the material screened and disposed of in an active filling 410 EAST WASHINGTON STREET , IOWA CITY, IOWA 52240-1826 ® (319) 356-5000 · FAX (319) 356-5009 2 area. This option will require the purchase of the adjacent 80 acres to the west of the current site, and will extend the landfill to the overhead power line easement located on that property. Phases one through three will provide an estimated 33 years of waste disposal capacity at current usage, and phase four, the vertical expansion, will provide an a.dditional 12 years, for a total of 45 years of w ste disposal capacity at current usage .... 10. The closure and post-closure reserv costs are estimated at $11.8 million 1998 dollars ' · . :o whereby it cannot undertake mandated ch.anges in the operation \ \ 11. The users of the landfill, meaning all of the cities in Johnsor and the cities of Riverside and Kalona in Washington County~will need to a commitment to the long term financial health of this operation tG,,,enable the C fulfill its obligations as the provider of this necessary regional service. 9i,milar comr from area business and industry will be encouraged. \ pweng\landpoli. doc / ? Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-284 RESOLUTION APPROVING PURCHASE AGREEMENT BETWEEN CITY OF IOWA CITY AND ROBERT AND MARJORY ROGERS FOR PURCHASE,OF A 40 ACRE TRACT ON KANSAS AVENUE WHEREAS, Robert and Marjory Rogers listed for sale a 40-acre tract of real estate on Kansas Avenue to the west of the Iowa City Landfill; and WHEREAS, it is in the public interest of the City of Iowa City, Iowa to purchase real estate in the near vicinity of the Landfill to serve initially as a buffer area around the landfill and to be utilized for valid public purposes; and WHEREAS, the Rogers and City staff have negotiated a purchase agreement for the purchase of said 40-acre tract, a copy of which is attached hereto as Exhibit A; and WHEREAS, said purchase agreement is contingent on the City Council's approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest of the City of Iowa City, Iowa that the attached purchase agreement between the City of Iowa City and Robert and Marjorie Rogers for purchase of said 40-acre tract on Kansas Avenue be approved. 2. The attached purchase agreement is approved as to form and content. Passed and approved this 25 th ATTEST: CI~~R'~K ~' It was moved by upon roll call there were: AYES: X X X X X X X eleanorVes\rogers.doc Thornberry NAYS: and seconded by Vanderhoef the Resolution be adopted, and ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef COUNTER OFFER This form approved by the Iowa City Area Association of REALTORS The Seller declines fo accept the terms of the purchase agreement attached hereto; however, the undersigned submit to the Buyer herein the following counter offer: 1. Change of purchase price: 2. Change of possession date: 3. Other changes: Fences: see attached City Council approval, on wbi on or before August 2B, 1998. 2ZB~e~s,~ff,t~ contingent, shall be obtained In all other respects not inconsistent with the terms of this counter-offer, the counter-offer includes the same terms as set forth in this purchase agreement as submitted by the Buyer. This counter-offer musf be accepted by lhe Buyer, by indicating the Buyer's acceptance hereafter, no later than _ / o'c,oc~ <,~.~.>~;> on the _-2a2 day of , ~,--.,~ , ~9 ,~,:E~ In the event the count is not thus a"'~cepted, the counter-offer sh null and void and any payments made herein shall be returned to the Buyer. If this counter-offer is accepted, the counter-offer shall become a binding contract for the sale and purchase of the real property described in this counter-offer and purchase agreement. , ~"P~ /,,,,H- ~ ,~ ~ v /,~ - 9o- o ~' v / SELLER '~Y ~ S.S. # This counter-offer and its terms are accepted by the undersigned Buyer on this 28th dayof July ,19 98 ,at 10:30 BUYERS' o'clock (AM.) S.S.~ BUYER S.S# REV ,1/94 ATTACHNIENT TO COUNTER OFFER ROBERT L. ROGERS AND MARJORY E. ROGERS, SELLERS I. The parties understand that there is no f~nce at the location where the north boundary is to be established and a partition fence will have to be built. There is a corner post at the northwest comer and northeast comer where this north boundary line will be established. The buyers agree to construct a tight fence as defined by Chapter 359A.20 of the Code of Iowa on this north boundary line at their own expense and thereafter be responsible for all future upkeep, maintenance and repair. This fence will be built within six (6) months from the date of possession, unless othe, rwise agreed between the parties. 2. Under an agreement, the sellers have been responsible for taking care of the east boundary partition fence between the sellers' property and the Hebl family. T.,he buyers will take Over the repair, upkeep and maintenance of this east partition fence. 3. There is a boundary partition fence on the south side of the property being sold between the sellers' property and the Hebl family. The sellers have been responsible for the west half and the Hebl family has been responsible for the east half. The buyers agree to be responsible for the repair, maintenance and upkeep of the west half of this partition fence. 4. The property is sold subject to any rights the telephone company or utility company have in the southwest corner of the property being sold where they have their building. TO: Robert and Marjory Rogers, SELLaR } REAL ESTATE DESCRIPTION follows: OFFER TO BUY REAL ESTATE AND ACCEPTANCE The Buyer offers to buy real estate n jOHNSON .:aunt,/ :owe. and !egali,/described as 40 acre tract on Kansas Avenue (Parcel No. 2543000); exact legal description to Oe taken from the .~bs[ract -'f T,t!e after Buyers a[torne,t has had the opportunity to review and approve sa~d legal description, with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utzlities, roads and highways; and d. (consider: liens, mineral rights; other easements; interests of others.) designated the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate: N/A % 2. PRICE. The purchase price shall be $104,000.00, payable at JOHNSON County, iowa, as follows: $2,000.00 with this offer as earnest money, with the balance of the purchase price to be paid upon possession and closing. 3. REAL ESTATE TAXES. a, Seller shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the property, including any unpaid real estate taxes for any prior years. b. Seller shall pay his prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given lending June 30, 1999) due and payable in the subsequent fiscal year (commencing July 1, 1999). Buyer shall be given a credit for such proration at closing lunless this agreement is for an installment contract) based upon the last known actual net real estate taxes payable according to the public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's records on the date of possession. c. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. a. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of closing. b. IF a. IS STRICKEN, then Seller shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. c. All other special assessments shall be paid by Buyer. follows: RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real Estate to Buyer shall be as a. All risk of loss shall remain with Seller until possession of the Real Estate shall be delivered to Buyer. IF a. IS STRICKEN, Seller shall maintain $ of fire, windstorm, and extended coverage insurance on the Real Estate until possession is given to Buyer and shall promptly secure endorsements to the appropriate insurance policies naming Buyer as additional insureds as their interests may appear. Risk of loss from such insured hazards shall be on Buyer after Seller has performed under this paragraph and notified Buyer of such performance. Buyer, if ~t des=res, may obtain additional insurance to cover such risk. CONDITION OF PROPERTY. a. The Real Estate shall be preserved in its present condition and delivered ~ntact at the time possession is delivered to Buyer, provided, however, if 5.a. is stricken and [here is loss or destruction ol~ all or any part of the Real Estate from causes covered by the insurance maintained by Seller, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be required to repair or replace same. 7. ENVIRONMENTAL MATTERS. Seller warrants, [o the best of his knowledge and belief that there are no abandoned ,wells, solid ,~as~e clislaosal sites. hazardous wastes or substances or underground storage tanks located on the property, the property does not contain ievels of radon gas, asbestos or urea-formaldehyde foam ~nsulatlon which requmre remedialion under current environmental standards, and Seller has done nothmng to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subiect to any local, state, or federal judicial or admmnlstrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks. Seller also shall provide Buyer w~th a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or underground storage tanks on the Property, unless disclosed here: 8. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties' timely performance of all obligations herein, closing shall be held no later than August 14.1998, and possession of the Real Estate shall be delivered to Buyer on the date of closing with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 10. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Offer and deliver it to Buyer's attorney for examination. It shall show merchantable title in Seller in conformity with this Offer, Iowa law and Title Standards of the Iowa State Bar Association. The Seller shall pay all costs required to perfect its title to the Property and Seller shall pay the cost of any additional abstracting and/or title work due to acts or omissions of Seller, including transfers or death of Seller or assigns. The abstract shall become the property of the City of Iowa City when the Purchase Price is paid in full. 11. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer or its assignees, by WARRANTY deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 .a. through 1 .d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Seller continuing up to time of delivery of the deed. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of this offer, holds title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Real Estate, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either Seller, agrees-to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 10. 13.. JOINPER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. REMEDIES OF THE PARTIES. If Buyer fails to timely perform this contract, Seller may forfeit it as provided sn the iowa Code, and all payments rnade shall be forfeited or, at Seller's option, upon thirty days written notice of ~ntention to accelerate the payment of the enhre balance because of such failure (during which thirty days such fadure is not corrected} Seller may declare the enhre balance immediately due and payable. Thereafter thss contract may be foreclosed in equity and the Court may apeosnt a receiver. b. If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to ~t. Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law, 16. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Seller shall furnish Buyer with a written statement trpm the holder of such lien, showing the correct balance due. ~7. SUBSEQUENT CONTRACT. Any real estate contract executea ~n performance af th~s contract shall 0e ,an a form ,at [he Iowa Slate Bar Association. 18. APPROVAL OF COURT. ~t the sale of The Real EsTate Is subject :o Court approval, [ne fiduCLar'/snail promptl,~ subm~[ r.n~s con[rac[ for such approval. If this contract is no[ so approved, It shall be void. 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. Th~s contract shall apply to and bind the successors in interest of the parties. 20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 21. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before all payments shall be repaid to the Buyer. 22. OTHER PROVISIONS. 5:00 p.m. July 6, 1998, it shall become void and a. This Offer to Purchase is subject to City Council approval following acceptance of this Offer, said approval, if given to be given on or before July 28, 1998. DATED: Buyer This offer is accepted , 19 Seller marym\land-acq\willow .int\rogers .ofr Seller City of Iowa City MEMORANDUM DATE: TO: FROM: re: August 20, 1998 Chuck Schmadeke, Public Works Director Daniel Scott, Civil Engineer t>z5 Landfill Buffer Zone The current landfill site is surrounded by property used primarily for agriculture. As development expands from Iowa City, a transition from farmland to residential housing is occurring. When the proposed Highway 965 extension along the east boundary of the current landfill site is completed, this trend will more than likely increase. As westerly development occurs, it is desirable to provide a buffer zone between the landfill operation and any future surrounding development and to provide for future landfill expansion. Please see the attached drawing which shows the properties surrounding the landfill that are important for future City use either as a buffer zone or future landfill operations. The buffer zone along the east landfill boundary will be Highway 965. The other currently anticipated buffer areas are shown in hatching. There is a 40 acre parcel located in the proposed buffer zone currently for sale. Staff has negotiated a purchase agreement which is acceptable to the sellers. Staff recommends taking the opportunity to purchase this parcel now. In the future, as more property located within the proposed buffer zone or landfill area becomes available, staff recommends it gradually be acquired also. CC: Rick Fosse, City Engineer Dave Elias, Landfill Superintendent 000 Prepared by: Charles Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 98-285 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN MMS CONSULTANTS, INC. OF IOWA CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR THE NORTH AIRPORT COMMERCIAL AREA DEVELOPMENT. WHEREAS, the CITY and COMMISSION, desire to construct a development of the North Airport Commercial Area, hereina~er referred to as the SUBDIVISION, upon which the Commission intends to lease lots for various industrial and commercial uses, and which SUBDIVISION will include the extension of a street from Ruppert Road to South Riverside Drive, and WHEREAS, the CONSULTANT, at the direction of the CITY and COMMISSION, has completed the preparation of a Concept Plan for said SUBDIVISION, and WHEREAS, the CITY and COMMISSION desire the services of a consulting firm to prepare Preliminary and Final Subdivision Plats and preliminary and final design drawings and specifications for bidding and construction of the improvements for said SUBDIVISION, all of which shall be called the PROJECT, and WHEREAS, the City of Iowa City and Iowa City Airport Commission have negotiated an Agreement with MMS CONSULTANTS, INC., of Iowa City, Iowa to provide consulting services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. Consultant's Agreement. The Mayor and City Clerk are hereby authorized and directed to execute the attached Passed and approved this 25th day of ATTEST:C~ 9/'I2. ~ August ,1998. Approved by pweng/res/waterfac. doc Resolution No. 98-285 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be CONSULTANT AGREEMENT for the Development of the North Airport Site THIS AGREEMENT, made and entered into this ~ S ~A. day of , by and between the CITY of Iowa CITY, a municipal corporation, hereinafte; referred to as the CITY, the Iowa City Airport Commission, hereinafter referred to as the COMMISSION and MMS Consultants, Inc. of Iowa City, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY and COMMISSION, desire to construct a development of the North Airport Commercial Area, hereinafter referred to as the SUBDIVISION, upon which the Commission intends to lease lots for various industrial and commercial uses, and which SUBDIVISION will include the extension of a street from Ruppert Road to South Riverside Drive, and WHEREAS, the CONSULTANT, at the direction of the CITY and COMMISSION, has completed the preparation of a Concept Plan for said SUBDIVISION, and WHEREAS, the CITY and COMMISSION desire the services of a consulting firm to prepare Preliminary and Final Subdivision Plats and preliminary and final design drawings and specifications for bidding and construction of the improvements for said SUBDIVISION, all of which shall be called the PROJECT, and WHEREAS, the City of Iowa City and Iowa City Airport Commission have negotiated an Agreement with MMS CONSULTANTS, INC., of Iowa City, Iowa to provide consulting services. NOW, THEREFORE, it is agreed by and between the parties hereto that the CITY and COMMISSION does now contract with the CONSULTANT to provide consulting services as follows: 1. SCOPE OF SERVICES The work to be performed by the CONSULTANT under this Scope of Services shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver preliminary and final plats and contract documents for the improvements which include: Preliminary and Final Plats for said Subdivision. Horizontal street alignment as established during meetings with City Staff and various individuals interested in the Subdivision. The alignment of the proposed street is to be generally as illustrated on Attachment(s) A or B, a length of approximately 2,800 feet. Review of present and proposed 100-year flood elevations along the proposed street route and the impact these elevation have on the vertical alignment of the street. Analysis of the available depth of existing gravity sanitary sewer at the Old Landfill Lift Station and the possibility of a sanitary sewer being constructed of sufficient depth along MMS.DOC the proposed street route that might provide for future elimination of the private lift station serving Westport Plaza. A storm sewer system to accommodate a 10-year design storm for runoff from the proposed street. Analysis will also be performed to evaluate storm flows from areas beyond the immediate area of the proposed street and how to adequately convey these offsite flows to the 72-inch diameter storm sewer located between Deli-Mart and Godfathers Pizza. Water main extension along the proposed street to connect the existing water main at Ruppert Road to the existing water main at South Riverside Drive. 1.1 Preliminary Design and Plan Preparation The work tasks to be performed by the CONSULTANT under section 1.1 Preliminary Design and Plan Preparation shall include the following: 1.1.1 Preliminary Survey and Mapping The CONSULTANT will obtain aerial base mapping from the CITY. The CONSULTANT will research courthouse records to establish approximate locations of existing property lines, right-of-way lines and property ownership for the properties affected by the PROJECT and incorporate this data into the base mapping of the PROJECT. The CONSULTANT will research underground utility locations with the various companies and plot such locations on the base mapping of the PROJECT. Utilities to be researched include: field tile, sanitary sewer, storm sewer, electric, gas, water, telephone, cablevision, and fiber optic lines. This task will include field surveys to establish vertical and horizontal control, and obtaining supplemental topographic data required for the development of the preliminary plans. This task also includes incorporating the survey data collected into the base mapping. Horizontal control to be based on Johnson County GPS control monuments (NGS NAD83). Vertical control to be based on NGVD 1929. 1.1.2. Preliminary Plat This task consists of the preparation of a Preliminary Subdivision Plat of the project area illustrating proposed lots, street(s), utilities, and other information required by the codes and ordinances of the City of Iowa City. 1.1.3. Title and General Information Sheets This task consists of assembling the preliminary title and general information sheets. The cover sheet format to be provided by the City. 1.1.4. Preliminary Typical Cross Sections This task consists of sidewalk and pavement determination, assembling the Typical Cross Sections to be used for the proposed improvements, and preliminary Station ranges for each Typical Section. MMS.DOC 1.1.5. Preliminary Estimate of Quantities This task consists of a preliminary determination of the bid items to be included in the PROJECT, along with an estimate of quantities for each item. 1.1.6. Preliminary Plans and Profiles This task consists of the development of preliminary plan and profile sheets at 1 "=20' scale, that will show the existing topography along the proposed improvements based on the survey or the office adjusted centerline. Proposed Permanent and Temporary Easement limits will be shown. Included will be the necessary CADD work to show the preliminary design features for the proposed improvements, as well as preliminary cross-sections for the determination of eadhwork quantities. 1.1.7. Reference Ties and Bench Marks This task consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved throughout construction of the PROJECT. This task also includes preserving Government Corners which are found in the vicinity of the proposed construction. 1.1.8. Preliminary Staging and Traffic Control This task consists of developing a suitable plan for construction staging and traffic control measures to be implemented during construction. The plan will include provisions for temporary access to adjacent properties during construction, if necessary. 1.1.9. Preliminary Intersection and Geometric Design This task consists of design and drafting of the geometric layouts consistent with the AASHTO Policy on Geometric Design of Highways and Streets. The scale of these plan sheets will be 1 "=20'. 1.1.10. Preliminary Storm Drainage Design This task consists of completing an inventory of the existing hydrologic and hydraulic conditions and identifying the impacts the proposed improvements will have on area wide drainage patterns. Once the impacts have been quantified, alternatives will be developed to support the proposed improvements. Upstream watersheds will be evaluated for runoff in a post- development condition, assuming no on-site stormwater detention. The storm sewer system will be designed to accommodate upstream areas in the post-development condition. 1.1.11. Preliminary Sanitary Sewer Extension This task consists of developing a preliminary plan and profile for the extension of a sanitary sewer along the route of the proposed street. The sanitary sewer extension would begin near the existing Old Landfill lift station and follow the proposed street alignment to Ruppert Road. An evaluation will be made to determine the possibility and feasibility of future extension of this sanitary sewer westerly through Westpod Plaza to eliminate the Westport Plaza lift station. MMS.DOC 1.1.12. Preliminary Watermain Design This task will consist of the preliminary design for the extension of water main along the PROJECT. The plan will include showing connections to existing mains, fire hydrant and valve locations. 1.1.13. Preliminary Streetscape/Landscape Design This task consists of the preliminary design of streetscape elements. Included are the locations, dimensions, and elevations of tree planting areas. Also included are typical cross- sections through various areas showing proposed landscaping. 1.1.14. Preliminary Special Construction Details This task consists of the design and drafting associated with the assembly of special details. 1.1.15. Preliminary Culvert Plans This task consists of assembling the type, size and location information for any cross road culvert. All culverts and dikes shall be drawn on the plans to their proposed length and skew. This task will also include the preliminary structural drawings for any proposed reinforced concrete box cross road culverts. 1.1.16. Preliminary Detailed Cross Sections This task consists of the design and drafting associated with the assembly of detailed cross sections to illustrate typical conditions, drainage designs, and nontypical conditions as needed for guidance during deign, review, easement determination and quantity estimating purposes. 1.1.17. Sensitive Area Ordinance Evaluate the project for compliance with the Sensitive Areas Ordinance. Prepare a summary of the findings. 1.1.18. Meetings The CONSULTANT will attend a maximum of 4 meetings to review progress, assist in decision- making, and receive direction from the CITY and COMMISSION, one field exam which includes the preparation of materials, participation in the field exam and reviewing results of the field exam with the CITY and COMMISSION, and others; and two public information meetings which include the preparation of display materials and hand out information, attendance at a public information meeting and reviewing results of the informational meetings with the CITY and COMMISSION and others. 1.2. Real Estate Services The work to be performed by the CONSULTANT under section 1.2. Real Estate Services, will include the following: MMS.DOC 1.2.1. Preparation of Acquisition Plats and Legal Documents The CONSULTANT will perform land corner and lot surveys as needed and prepare acquisition plats and legal descriptions. Said plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepare by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. 1.3. Final Plans and Specifications Based upon the preliminary design and plan preparation, field exam, review comments and, various meetings, the CONSULTANT shall subsequently proceed with final design, contract drawings, specifications, and estimates for the award of two (2) construction contracts. One of the construction contracts will be for all roadway construction and the other construction contract will be landscaping only. The contract documents shall describe in detail the work to be done, materials to be used, and the construction methods to be followed. Final construction plans will be ink plotted on mylar and will become the property of the CITY and COMMISSION. The work tasks to be performed by the CONSULTANT under section 1.3. Final Plans and Specifications, shall include the following: 1.3.1. Preparation of a Final Subdivision Plat of the Project area This item consists of the preparation of a Final Subdivision Plat in accordance with the applicable provisions of the CITY and COMMISSION of Iowa CITY and .COMMISSION and the State of Iowa. 1.3.2. Final Cover Sheet This item consists of finalizing the cover sheet. The cover sheet will include the following: PROJECT title, sheet index, certifications, location maps, and legends. 1.3.3. Final Typical Sections This item consists of final design and drafting of typical cross-sections and standard details to be utilized for the improvements. 1.3.4. Final Quantities This item consists of defining the final bid items to be included in the PROJECT as well as plan quantity tabulation and the development of the general notes and estimate reference information. 1.3.5. Final Plan and Profiles This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, permitting and construction of the proposed improvements. This task also consists of the final design and drafting for the installation of new utilities and utility adjustments which can be determined from coordination with the utility companies at the time of plan development. MMS.DOC 1.3.6. Final Staging and Traffic Control This item consists of final design and drafting of the PROJECT staging notes, the temporary construction signing and traffic control plans, the permanent pavement marking plans and the permanent signing plans. 1.3.7. Final Geometric Layouts, Jointing and Edge Profiles This item includes the final design and drafting of joinring details, spot elevations, and geometric layouts for all non typical pavement areas. 1.3.8. Final Design of Storm Drainage Systems This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches, culvert structural details and miscellaneous storm drainage related facilities for the PROJECT. 1.3.9. Final Sanitary Sewer Extension Design This item consists of the final design and drafting of the sanitary sewer extension, including manhole and connection details, quantities, specifications and miscellaneous elements of the sanitary sewer installation. 1.3.10. Final Water Main Design This item consists of the final design and drafting of the water main along the PROJECT. 1.3.11. Final Soils Design This task consists of final design and drafting of the soils information including borrow and earthwork quantities. This item also includes the final design and drafting of erosion control measures to be provided on the PROJECT. 1.3.12. Final Streetscape/Landscape Design This task consists of the final design of streetscape elements. Included are locations, and elevations, of signs. Also included are providing typical cross-sections through various areas showing the proposed landscaping. Landscaping design will include trees, shrubs, and seeding for the PROJECT area. This work will be a separate construction contract, while the paving construction contract will include finish grading, erosion control and temporary seeding. 1.3.13. Final Construction Details This item consists of the final design and drafting of miscellaneous details. Included are such items as special grading details, culvert details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. 1.3.14. Final Design Cross-Sections This item consists of the final design and drafting of individual cross-sections for the PROJECT. Cross-sections will be developed at 50 foot maximum intervals, will additional cross-sections MMS.DOC included as necessary to detail the proposed construction. Cross-sections will show the existing ground elevations as well as the proposed PROJECT grading, including special fore slope and back slope information, special subgrade treatment, ditches, utility locations and other pertinent information. 1.3.15. Permitting The CONSULTANT will secure all permits on behalf of the CITY and COMMISSION. Any fees for construction permits, licenses and other costs associated with permits and approvals shall be the responsibility of the CITY. The CONSULTANT shall provide technical criteria, written descriptions, and design data in filing applications for permits. The CONSULTANT will also be available to participate in consultations with permitting authorities. It is anticipated that the following permit(s) will be applied for: City Preliminary Plat approval City Final Plat approval IDNR Permit for water main IDNR Permit for sanitary sewer FAA Permit 1.3.16. PROJECT Manual This task consists of providing a Project Manual for the PROJECT, including Notice of Hearing and Letting, Instruction to Bidders, Bid Forms, Bond Forms, Agreement Forms, General Conditions of the Construction Contract, Supplementary General Conditions, and Detailed Construction Specifications. The Project Manual will be developed using the Iowa City engineering consultant dossier (most recent copy) as a guide. 1.3.17. Opinion of Probable Construction Costs The CONSULTANT shall prepare an updated Opinion of Probable Construction Cost for the PROJECT at the time of completion of the final plans and specifications. The Opinion of Probable Construction Cost is intended for the use of the Owner in financing and bidding the PROJECT. 1.4. Letting Services The work tasks to be performed by the CONSULTANT under section 1.4-Letting Services, shall include the following: 1.4.1 Printing of Plans and Specifications This task consists of printing and handling of the Plans and Specifications. For budget purposes it is estimated that fifty 24" x 36" plan sets and specifications will be duplicated and assembled for distribution. This task also includes dissemination of the contract documents and maintaining a plan holders list during the bidding phase. A non-refundable deposit may be charged to the contractors to recover the actual cost of printing the plans and specifications. Administrative and handling expenses will be a part of this contract, as will the cost to print and distribute plans and specifications to selected plan rooms. MMS.DOC 1.4.2. Notice of Project The CONSULTANT shall assist in the preparation of the formal Notice of Hearing and Letting. Publication costs shall be borne by the CITY. The CONSULTANT shall also prepare and disseminate an informal notice to contractors concerning the upcoming PROJECT. 1.4.3. Contract Questions and Addenda The CONSULTANT shall be available to answer questions from contractors prior to the letting and shall issue addenda as appropriate to interpret, clarify or expand the bidding documents. 1.4.4. Letting, Bid Tabs, and Award Recommendation The CONSULTANT shall have a representative present when the bids and proposals are opened, shall make tabulation of bids for the CITY and COMMISSION, shall advise the CITY and COMMISSION on the responsiveness of bidders, and assist the CITY and COMMISSION in making the award of contract. After the awards are made, the CONSULTANT shall assist in assembling the contract documents for the PROJECT included herein. 1.5. Additional Services Additional Services are not included in this contract. If authorized a Supplemental Agreement the CONSULTANT shall furnish or obtain from others the following services. 1.5.1. 1.5.2. 1.5.3 1.5.4. 1.5.5. 1.5.6. 1.5.7. 1.5.8. 1.5.9. 1.5.10. 1.5.11. 1.5.12. 1.5.13. 1.5.14. Title Searches DOT Type Plot Plans Appraisals Appraisal reviews Right-of-way negotiation/acquisition services Relocation assistance Closing services Eminent domain proceedings Flood plain permitting Environmental impact statements Construction Administration Construction Observation and Materials Testing Construction Layout and Staking Wetlands determination/mitigation 1.5.15. Coordination, communication and permit applications with the US Fish and Wildlife Service of the Iowa State Historical Office. 2. GENERALTERMS 2.1 The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 2.1.1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. MMS.DOC 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. Should the CITY and COMMISSION 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 "not to exceed" total amount listed in Section 4. The CITY and COMMISSION may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. 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 and COMMISSION for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the CITY and COMMISSION that all records and files pertaining to information needed by the Consultant for the project shall be available by said CITY and COMMISSION upon reasonable request to the Consultant. The CITY and COMMISSION 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, Iowa. At the request of the CITY and COMMISSION, the Consultant shall attend such meetings of the City Council or Airport Commission relative to the work set forth in this Agreement. Any requests made by the CITY or COMMISSION 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 or COMMISSION, 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 or COMMISSION'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 CONSULTANT shall furnish the services of Christopher Stephan to attend such meetings of the City Council, Airport Commission and public meetings relative to this Agreement and as may be requested by the City. Christopher Stephan shall attend other meetings as requested by the City. Any requirements made by the CITY or COMMISSION shall be given with reasonable notice to the CONSULTANT. Christopher Stephan will direct all PROJECT efforts expended by the CONSULTANT during the work, and will serve as the primary liaison with the CITY and COMMISSION. Changes in the CONSULTANT'S representatives shall be made only with the prior approval of the CITY and COMMISSION. MMS.DOC 2.11 Charles Schmadeke and a Commissioner to be designated by the COMMISSION will act as the CITY and COMMISSION's representatives with respect to the work to be performed under this Agreement. These persons or their designees shall have complete authority to transmit instructions, receive information, interpret and define the CITY and COMMISSION's policies and decisions with respect to the work presented under this Agreement. 2.12 The CITY and COMMISSION agree to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY and COMMISSION to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 2.13 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. 2.14 Original contract drawings shall become the property of the CITY and COMMISSION. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. 2.15 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY and COMMISSION. 2.16 Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 3. SCHEDULE The CONSULTANT shall complete the following phases of the PROJECT in accordance with the schedule shown, assuming notice to proceed is issued by the CITY on or before August 29, 1998. 3.1.1. 3.1.2. 3.1.3. 3.1.4. Preliminary Design and Plat Preparation Real Estate Services Final Construction Documents & Final Plat Letting Services August 1998-December 1998 August 1998-December 1998 January 1998-February 1999 March 1999-April 1999 4. COMPENSATION FOR SERVICES 4.1 Method of Payment CITY shall pay CONSULTANT for services rendered under Section 1 - Scope of Services the fee amounts as follows: 4.1.1. Preliminary Design and Plat Preparation Fee Range / Not-to-Exceed $42,900.00 to $47,200.00 MMS.DOC 4.1.3 Final Construction Documents & Final Plat $12,000.00 to $13,600.00 4.1.4 Letting Services $ 5,600.00 to $ 6,200.00 Total $65,900.00 to $72,500.00 4.2 Payment Schedule 4.2.1 CONSULTANT shall bill CITY monthly for services and reimbursable expenses. Payment for services shall be due and payable within thirty (30) days of CITY's receipt of invoice. 4.2.2 If the CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until CITY has paid in full all amounts due. 4.2.3. CONSULTANT shall provide working drawings and other documentation deemed necessary to the CITY and COMMISSION at meetings held periodically during the design phase and reach mutual agreement that work has been .performed in accordance with the attached payment schedule. 5. MISCELLANEOUS 5.1 Insurance Requirements 5.1.1 Certificate of Insurance, Cancellation or Modification Before commencing work, the CONSULTANT shall submit to the CITY, for approval, a Certificate of insurance meeting the requirements specified herein, to be in effect for the full contract period. The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. Cancellations or modifications or said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and/or to halt work on the project, and to withhold payment for any work performed on the contract. 5.1.2. Minimum Coverage Any policies of insurance purchased by the CONSULTANT to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: I. Comprehensive General Liability Each Occurrence (1) Bodily Injury $ 250,000.00 (2) Property Damage Aggregate $ 50O,O00.00 $100,000.00 II. Motor Vehicle Liability and Property Damage Insurance (1) Bodily Injury (2) Property Damage Per Person $ 250,000.00 Per Accident $ 500,O00.00 $100,000.00 MMS.DOC III. Worker's Compensation insurance as required by Chapter 85, Code of Iowa. All provisions of the Agreement shall be reconciled in accordance with 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 this is the Agreement, and that no other monies or considerations have been solicited. Byj .~' Title: Mayor Date: August 25. 1998 ATTEST: Title: Date: A'I'FEST: Airport Commission Chairperson 20 AuHust 1998 City Attorney's Office MMS.DOC This attachment for purpose of indicating east-west street alignment only. \ .\- Attachment A .J This attachment for purpose of indicating east-west street alignment only. Attachment B ,I Ill THIS AGi referred CONSULTANT AGREEMENT for the Development of the North Airport Site made and entered into this day of , by and between the CITY of Iowa CITY, a municipal as the CITY, the Iowa City Airport Commission, hereinaf .N and MMS Consultants, Inc. of Iowa City, Iowa, hereir hereinafter referred to as the referred to as the North Airport Commission SUBDIVISION Drive, and the CITY and COMMISSION, desire to con a development of the mmercial Area, hereinafter referred to as the SION, upon which the to lease lots for various industrial an~ commercial uses, and which include the extension of a street from ppert Road to South Riverside WHEREAS completed the prepa~ CONSULTANT, at the direction of a Concept Plan for said the CITY 'and COMMISSION, has and WHEREAS, CITY and COMMISSION d prepare Preliminary Subdivision Plats an specifications for bidding ~nd construction of the which shall be called the and the services of a consulting firm to }reliminary and final design drawings and ~rovements for said SUBDIVISION, all of WHEREAS, the City Agreement with MMS Iowa City and City Airport Commission have negotiated an INC of Iowa City, Iowa to provide consulting services. NOW, THEREFORE it COMMISSION does now follows: and between the parties hereto that the CITY and CONSULTANT to provide consulting services as 1. SCOPE OF SERVICES The work to be performed by the and include all detail work, and deliver preliminary and include: plats ILTANT under this Scope of Services shall encompass ~rials, equipment and supplies necessary to prepare contract documents for the improvements which Preliminary and Fi~ Plats for said ivision. Horizontal nment as during meetings with City Staff and various individuals in the Subdivision. alignment of the proposed street is to be generally as on Attachment(s) A a length of approximately 2,800 feet. MMS.DOC 1 the proposed street route that might provide fo' future elimination of the private lift station serving Westport Plaza. A storm sewer system to accommodate a 10-~ ear design storm for runoff from the proposed Analysis will also be perform, !d to evaluate storm flows from areas beyond immediate area of the proposed and how to adequately convey these offsite to the 72-inch diameter storm located between Dell-Mart and Godfathers Water main Ruppert along the proposed st ;et to connect the existing water main at the existing water main at uth Riverside Drive. 1.1 Preliminary In and Plan Preparation The work tasks to be and Plan Preparation by the CONSU lclude the following: under section 1.1 Preliminary Design 1.1.1 Preliminary Survey Mapping The CONSULTANT will ~erial base ma ling from the CITY. The CONSULTANT will existing property lines, ri the PROJECT and incorporate ;h courthou records to establish approximate locations of y lines property ownership for the properties affected by data int the base mapping of the PROJECT. The CONSULTANT will research plot such locations on the base ma field tile, sanitary sewer, storm optic lines. utility locations with the various companies and the PROJECT. Utilities to be researched include: .~lectric, gas, water, telephone, cablevision, and fiber This task will include field surveys supplemental topographic data required also includes incorporating the surv to be based on Johnson County based on NGVD 1929. 1.1.2. Preliminary Plat This task consists of the prep,aration of a illustrating proposed lots, street(s), utilities, and ordinances of the City of Iowa ¢;ity. 1.1.3. Title and General Information Sheets vertical and horizontal control, and obtaining the development of the preliminary plans. This task into the base mapping. Horizontal control monuments (NGS NAD83). Vertical control to be try Subdivision Plat of the project area information required by the codes and This task consists of assembling the preliminary title and general information sheets. The cover sheet format to be provide~ by the City. 1.1.4. Preliminary Typical' Cross Sections ; This task consists of sidewalk and pavement determination, assembling the Typical Cross Sections to be used for the proposed improvements, and preliminary Station ranges for each Typical Section. MMS.DOC 1.1.5. Preliminary Estimate of Quantities This task PROJECT, of a preliminary determination of the bid items to be included in the }ng with an estimate of quantities for each item. 1.1,6. Plans and Profiles This task will show the office adjusted Included will be the proposed im earthwork quantities. 1.1.7. Reference Ties This task consists of data used to develop the plans This task also includes proposed construction. 1.1.8. Preliminary Staging and development of preliminary plan and profi.~ sheets at 1 "=20' scale, that topography along the proposed improvements based on the survey or the / ne. Proposed Permanent and Temporary Easement limits will be shown. ;cessary CADD work to show the preliminary design features for the as well as preliminary cross-~ctions for the determination of / / Marks / / / reference ties to th plan control points and the bench mark e / Control / This task consists of developing a measures to be implemented during temporary access to adjacent properties d~ for construction staging and traffic control ction. The plan will include provisions for ~g construction, if necessary. 1.1.9. Preliminary Intersection and Geor Design Policy on Geometric Design 1 "=20'. / / 1.1.10. Prelimina~ Storm Drainag~ Design This task consists of completing ~n invento~ of the and identifying the impacts the proposed imp pa~erns. Once the impacts ha~e been quantified, proposed improvements. Upstream watersheds will development condition, assuming no on-site stormwater will be designed to accommodate upstream areas in the 1.1.11. Prelimina~ Sanita~ Sewer Extension This task consists of developing a prelimina~ plan and profile sewer along the rout~-"bf the proposed street. The sanita~ sewer the existing Old La0dfill lift station and follow the proposed street ali eometric layouts consistent with the AASHTO The scale of these plan sheets will be hydrologic and hydraulic conditions ts will have on area wide drainage ives will be developed to support the evaluated for runoff in a post- ion. The storm sewer system condition. e extension of a sanitary nsion would begin near ~nt to Ruppert Road. An evaluation will be made to determine the possibility and feasibility Are extension of this sanitary sewer westerly through Westport Plaza to eliminate the Westport Pl'~Z;a lift station. MMS.DOC 1.1.12. Preliminary Watermain Design This task consists of culvert. All culverts This task will also concrete box cross road This task will consist of the preliminary design for the extension of wa~r main along the PROJECT. The plan will include showing connections to existing mains, ,fie hydrant and valve locations. 1.1.13. ~ Streetscape/Landscape Design This tasl~ ~ of the preliminary design of streetscape elements. Included are the locations i,~rs, and elevations of tree planting areas. Also included are typical cross- sections h various areas showing proposed landscapin . This task consi~ i ciated of special details. 1.1.15. Plans le the prelimina~ st~'ctural drawings for any proposed reinforced 1.1.16. Preliminary This task consists of the sections to illustrate typical for guidance during deign, Sensitive Area Ordinance 1.1.17. ~lverts. Cross Section,~/ / n and drafting associated with the assembly of detailed cross itions, cl, y/ainage designs, and nontypical conditions as needed easement determination and quantity estimating purposes. ! / / Evaluate the project for compliance the findings. the Sensitive Areas Ordinance. Prepare a summary of 1.1.18. Meetings ~ The CONSULTANT will attend a ~aximum o 4 meetings to review progress, assist in decision- making, and.receive direc. tion frqtm. !he .Cl'ff. a d C.OMMISSION, one.field exam which includes which include the preparation/of display materials nd hand out information, attendance at a public information meeting add reviewing results of e informational meetings with the CITY and COMMISSION and other. 1.2. Real Estate Service,,.~// The work to be performed by the CONSULTANT under sectioff'~!.2. Real Estate Services, will include the following: .i MMS.DOC 1.2.1. Preparation of Acquisition Plats and Legal Documents The CONSULTANT will perform land corner and lot surveys as nE plats and I~ al descriptions. Said plats and legal descriptions sh the Iowa and shall be prepare by or under the direct surveyor Jer the laws of the State of Iowa. / and prepare acquisition comply with requirements of of a duly licensed land 1.3. Final and Specifications Based upon various drawings, the construction contract will be done, materials to plans will be ink The work tasks to Specifications, shall preliminary design and plan preparati field exam, review comments and, 5, the CONSULTANT shall subsequ, ~tly proceed with final design, contract and estimates for the two (2) construction contracts. One of will be for all roadwa' construction and the other construction scaping only. The contract doct shall describe in detail the work to be e used, and the constructior s to be followed. Final construction ~d on mylar and will the property of the CITY and COMMISSION. performed by the under section 1.3. Final Plans and lude the following: 1.3.1. Preparation of a ,al Subdivision Pla the Project area This item consists of th, applicable provisions of State of Iowa. preparation ;ITY and C~ a Final Subdivision Plat in accordance with the of Iowa CITY and COMMISSION and the 1.3.2. Final Cover Sheet This item consists of fin g PROJECT title, sheet index, sheet. The cover sheet will include the following: location maps, and legends. 1.3.3. Final Typical Sections : ! This item consists of final desy~n be utilized for the improvements. 1.3.4. Final Quantities This item consists of defint,'ng the final bid quantity tabulation and?the development information. 1.3.5. Final Plan and ~Profiles This item consists of/{he final design and drafting the detail informatio,n required for plan approvals, improvements. This task also consists of the final desi utilities and utility /'adjustments which can be companies at the time of plan development. rafting of typical cross-sections and standard details to ~s to be included in the PROJECT as well as plan the general notes and estimate reference plan and profile sheets, including itting and construction of the proposed and drafting for the installation of new from coordination with the utility MMS.DOC ,,. 1.3.6. Final Staging and Traffic Control This item consists of final design and drafting of the PROJECT st~ construction signing and traffic control plans, the permanent permanent signing plans. notes, the temporary marking plans and the 1.3.7. Final Geometric Layouts, Jointing and Edge Profiles This ,m in~;~'udes tb~._final design and drafting of geomet c layouts for all non typical pavement areas. details, spot elevations, and 1.3.8. Design of Storm Drainage Systems This item c, open the PROJE( of final design and drafting of s culvert structural details and mis, sewers, storm sewer inlets, manholes, storm drainage related facilities for 1.3.9. Final ~ry Sewer Extension Design This item consists manhole and conn~ sanitary sewer install~ the final design and ion details, on. of the sanitary sewer extension, including specifications and miscellaneous elements of the 1.3.10. Final Water MI Design This item consists of the drafting of the water main along the PROJECT. 1.3.11. Final Soils Design This task consists of final desi earthwork quantities. This iter measures to be provided on tl" and drafting of the soils information including borrow and so includes the final design and drafting of erosion control 1.3.12. Final Streetscape/LE esign This task consists of the design streetscape elements. Included are locations, and elevations, of signs. Also typical cross-sections through various areas showing the proposed lar g. ping design will include trees, shrubs, and seeding for the PROJECT area. This work will be separate construction contract, while the paving construction contract wi nclude finish erosion control and temporary seeding. 1.3.13. Final Constru< on Details This item consists o' final design and drafting items as special details, culvert details not storm sewer or m; details not included in the and other requirec / 1.3.14. Final D ~ n ,es'g Cross-Sections This item consists of the final design and drafting of Cross-sections will be developed at 50 foot maximum miscellaneous details. Included are such in the standard drawings, special lndard drawings, special paving details for the PROJECT. will additional cross-sections MMS.DOC included as necessary to detail the proposed construction. Cro'ss-sections will show the existing ground elevations as well as the proposed PROJECT gi:~ading, including special fore slope and back slope information, special subgrade treatmere, ditches, utility locations and other pertinent information. / 1.3.15. P, The C( N: LTANT will secure all permits on behalf of e CITY and COMMISSION. Any fees for con,, tn 1 ~n permits, licenses and other costs as ociated with permits and approvals shall be the respo ibility of the C TY The CONSULT T shall provide technical criteria written descriptions, ~esign data in filing applications r permits. The CONSULTANT will' also be · City Plat approval / · IDNR er · FAA Permil 1.3.16. PROJECT Manual This task consists of providing and Letting, Instruction to Bidd~ Conditions of the Construction Construction Specifications. T~e engineering consultant dossier !most 'r ,ot~ct Manual for the PROJECT, including Notice of Hearing Bid Forms, Bond Forms, Agreement Forms, General ~tract, Supplementary General Conditions, and Detailed ect Manual will be developed using the Iowa City copy) as a guide. 1.3.17. Opinion of Probable The CONSULTANT shall pyepare an u PROJECT at the time of ,.~;ompletion of Probable Construction COSt is intended for PROJECT. , i .4. Letting Services, The work tasks to be I~erformed by the CON~ include the following:.-' 1.4.1 Printing of Plans and Specifications ;d Opinion of Probable Construction Cost for the final plans and specifications. The Opinion of use of the Owner in financing and bidding the under section 1.4-Letting Services, shall This task consist~ of printing and handling of the purposes it is estimated that fifty 24" x 36" plan sets and s assembled for distribution. This task also includes and maintaining a plan holders list during the bidding phase. A l-refundable deposit may be charged to the;/contractors to recover the actual cost of printing plans and specifications. Administrative;and handl ng expenses 'w be a part of this contract, ~the cost to print and distribute plans and specifications to selected plan rooms. Specifications. For budget :ifications will be duplicated and of the contract documents MMS.DOC 1.4.2. Notice of Project The CONSULTANT shall assist in the preparation of the for I Notice of Hearing and Letting. Publication costs shall be borne by the CITY. The CO ULTANT shall also prepare and disseminate an c 'hal notice to contractors concerning th upcoming PROJECT. answer ques ons from contractors prior to the lettinge / The CONSULTANT have a representativ~ present when the bids and proposals are opened, shall make tabuL ion of bids for the CiTY and COMMISSION, shall advise the CITY and COMMISSION on the ~sponsiveness of bidders, and assist the CITY and COMMISSION in making the award of ,ct. After the awards are made, the CONSULTANT shall assist in assembling the contract doct ~ents for the PROJECT included herein. 1.5. Additional Services Additional Services are not Agreement the CONSULTANT ded in this contract. If authorized by a Supplemental or obtain from others the following services. 1.5.1. 1.5.2. 1.5.3 1.5.4. 1.5.5. 1.5.6. 1.5.7. 1.5.8. 1.5.9. 1.5.10. 1.5.11. Title Searches DOT Type Plot Plans Appraisals Appraisal reviews Right-of-way negotiation/acquisition Relocation assistance Closing services Eminent domain proceedings Flood plain permitting Environmental impact statements Construction Administration ,~rvices 1.5.12. Construction ObseNation and Materials 1.5.1 3. Construction LayOut and Staking 1.5.1 4. Wetlands deter mation/mitigation 1.5.15. Coordination, c mmunication and permit a ions with the US Fish and Wildlife Service of the Iowa St te Historical Office. 2. GENERAL T RMS 2.1 The Consult nt shall not commit any of the following practices and agrees to prohibit t owing practices in any subcontracts. / 2.1.1. To discharge or refuse to hire any individual because race, color, religion, sex, national origin, disability, age, marital status, orientation or gender identity. MMS.DOC 2.2 2.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity: / Should the CITY and COMMISSION terminate this reement, the Consultant shall be paid all work and services performed up to the me of termination. However, such sums not be greater than the "not to excee~ amount listed in Section 4. The CITY COMMISSION may terminate this A ement upon seven (7) calendar days' written ice to the Consultant. 2.3 This Ac provided Agreement. shall be binding upon the s no assignment shall be wil and assigns of the parties hereto, the written consent of all Parties to said 2.4 It is understc COMMISSION shall be may be required and agreed that th~ of the Consultant by the CITY and ~r the purpose of ect shall be as an independent contractor and but the Consulta shall have the right to employ such assistance as the performant of the Project. 2.5 It is agreed by the :ITY and that all records and files pertaining to information needed by for the project shall be available by said CITY and COMMISSION upon request to the Consultant. The CITY and COMMISSION agrees to ;h all reasonable assistance in the use of these records and files. 2.6 It is further agreed that federal, or local law or an' to this Agreement shall perform contrary to any state, of the City of Iowa, Iowa. 2.7 At the request of the meetings of the City C Agreement. Any reasonable notice to or Air made b Consultant to the Consultant shall attend such Commission relative. to the work set forth in this he CITY or COMMISSION shall be given with ~sure attendance. 2.8 The Consultant by the CITY or computations, ant this Agreement specific projects be liable for the to furnish, upon dnation of this Agreement and upon demand copies all basic notes and sketches, charts, any other data prepared obtained by the Consultant pursuant to cost, and without ons or limitation as to the use relative to under this Agreement. n such event, the Consultant shall not or COMMISSION'S use ;uch documents on other projects. 2.9 The agrees to furnish all reports, of a professios ~1 engineer affixed thereto or such and drawings, with the seal required by Iowa law. 2.10 The meetings Ag other met COMMI,' Stephan shall furnish the services of City Council, Airport Commission and and as may be requested by the City. s as requested by the City. Any req shall be given with reasonable notice to the direct all PROJECT efforts expended by the work, a~ d will serve as the primary liaison with the CITY and in the representatives shall be made only with the I: CITY nd COMMISSION. / ~her Stephan to attend such lic meetings relative to this ,her Stephan shall attend made by the CITY or ULTANT. Christopher ULTANT during the SSION. Changes approval of the MMS.DOC ' 2.11 Charles Schmadeke will act as the CITY and COMMISSION's representative with respect to the work to be performed under this Agreement. These two persons or their designees shall have complete authority to transmit instruc!idns, receive information, interpret and define the CITY and COMMISSION's policies decisions with respect to the work presented under this Agreement. 2.12 The and COMMISSION agree to tender the Cons all fees in a timely manner, exce however, that failure of the Consultant to perform in accordance with this reement shall constitute grounds for the and COMMISSION to withhold payment the amount sufficient to properly ete the Project in accordance with this Agreerr ,nt. 2.13 Should any portion shall effect. of this Agreement be foul deemed severable from the invalid, it is agreed that the remaining portion and continue in full force and 2.14 Original contract The Consultant own filing use. twings shall become be allowed to kee property of the CITY and COMMISSION. reproducible copies for the Consultant's 2.15 Fees paid for g paid by the CITY and ~roval of au having jurisdiction over the Project will be 2.16 Upon signing this ag Iowa Code prohibits a City with the City, and certifies th~ members of the City Council either direct or indirect, in thi~ said statutory provision enu acknowledged that Section 362.5 of the or employee from having an interest in a contract employee or officer of the City, which includes City boards and commissions, has an interest, that does not fall within the exceptions to Section 362.5. 3. SCHEDULE The CONSULTANT shall compl the schedule shown, assuming 1998. the following to proceed is ses of the PROJECT in accordance with 9d by the CITY on or before August 29, / 3.1.1. Preliminary D~"sign and Plat Preparation August 1998-December 1998 3.1.2. Real Estate,,~ervices ~ugust 1998-December 1998 3.1.3. Final Const/uction Documents & Final Plat ~uary 1998-February 1999 3.1.4. Letting Se~ices M~ ;h 1999-April 1999 / 4. COMPENSATION FOR SERVICES 4.1 Method of P~yment CITY shall pay C NSULTANT for services rendered under Section 1 - Scope'of Services the fee amounts as Ilows: " 4.1.2 Real Estate $ 5,000.00 to $ 5,500.00 MMS.DOC 4.1.3 Final Construction Documents & Final Plat $12,000z00 to $13,600.00 4.1.4 Letting Services $ 5 to $ 6,200.00 Total $6! to $72,500.00 4.2 4.2.1 Payment Schedule CON,' shall bill CITY monthly for Payme it for services shall be due and pa of invoi and reimbursable expenses. thirty (30) days of CITY's receipt 4.2.2 If the fails to make monthly after g seven (7) days' written noti Ag until CITY has paid in full all of this to CONSULTANT, CONSULTANT may, CITY, suspend services under this due, under the terms and conditions 4.2.3. CONSt necessary to design phase with the attac shall provide workinc drawings and other documentation deemed ~e CITY and COMMI,' ;ION at meetings held periodically during the reach mutual lent that work has been performed in accordance ~ment schedule. 5. MISCELLANEi 5.'1 Insurance Re~ its 5.1.1 Certificate of Insurance, or Modification Before commencing work, the (:: Certificate of insurance meeting th~ contract period. / / The CONSULTANT shall notify tl~ change or cancellation of said policy or po Cancellations or modifications/or said City of Iowa City to immediate, Yy cancel the withhold payment for any wo~ performed on / 5.1.2. Minimum Coverage/ / Any policies of insurance purchased by the tmh~sn Amgurmeeamrne;~nsths:all inc;~/~e contractual liability coverage, i I. Compre ensive General Liability (1) Body Injury shall submit to the CITY, for approval, a uirements specified herein, to be in effect for the full Property Damage Insurance (1) Bodily Injury (2) Property Damage writing at least thirty (30) calendar days prior to any ies. policies shall be considered just cause of the ;ment and/or to halt work on the project, and to to satisfy its responsibilities under nd shall be in the following type and Each Occurrence Aggregate $ 250,000.00 $ 500,000.00 $100,000.00 Per Person $ 250,000.00 Per Accident $ 500,000.00 $100,000.00 MMS.DOC III. Worker's Compensation insurance as required by Chapter 85, Code of Iowa. All provisions of the Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. It is further agreed that from the execution of considerations have been ;re are no other considerations or monies contingent upon or resulting reement, that this is the Agreement, and that no other monies or FOR THE CITY OF IOWA By: Title: Date: ATTEST: IOWA FOR THE IOWA CITY AIRPORT COMM By: Title: Date: ATTEST: N Approved by: City Attorney's Office Date MMS.DOC