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HomeMy WebLinkAbout1998-10-06 ResolutionRESOLUTION NO. 98-312 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Grizzly's South Side Pub ~ 1210 Highland Court It wasmoved by Thornberry and seconded by Vanderhoef as read be adopted, and upon roll callthere were: that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 6th ATTEST:CIT~LL~,~t~) day of October , 19 98 City Attorney's Office a\danceprm.res Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 98-313 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: DeliMart #5 - 828 S. Dubuque Street Passed and approved this ATTEST: ~ CITY CLERK 6th day of October ,19 98 ~vIaYOn Approved by City Attorney's Office It was moved by Thornberry and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X x Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef derkVes~cigperm.doc Prepared by Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 98-314 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MOUNT PROSPECT ADDITION, PART VIII 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, and water main improvements for Mount Prospect Addition, Pad VIII, as constructed by Bockenstedt Excavating, inc. of Iowa City, Iowa. Paving improvements for Mount Prospect Addition, Part VIII, 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 6th day of ATTEST: ;i~LE~RK CI October ,1998. AYOR Ap p(~,e~~ (Z::~--~ Oity Attomey's Office It was moved by Thornberry and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X Champion X Kubby X Lehman Norton X O'Donnell X Thornberry ~ Vanderhoef pweng/res/ProspS.doc ENGINEER'S REPORT September 25, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Mount Prospect Addition, Part VIII Dear Honorable Mayor and Councilpersons: I Hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Mount Prospect Addition, Part VIII 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 and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Rio~rd~A~. Fosse, P.E. City Engineer 410 EAST WAStlINGTON STREET * IOWA ('ITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 Prepared by: Jeff McClure, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 98-315 ACCEPTING THE WORK FOR THE 1996 CURB RAMPS RESOLUTION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 1996 Curb Ramps Project, as included in a contract between the City of Iowa City and Borwig Building Service of Waterloo, Iowa, dated April 2, 1996, 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 6th ATTEST: C~ ~' day of October , 19 9R · Approved by City Attorney's Office It was moved by Thornberr-y and seconded by adopted, and upon roll call there were: Vander'hoef the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng%res\96curb.doc ENGINEER'S REPORT September 25, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: 1996 Curb Ramps Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the 1996 Curb Ramps Project, has been completed by Borwig Building Service of Waterloo, Iowa, in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $107,062.99 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Civil Engineer 41fi EAST WASHING'YON ?,TREET * IO~¥A ('ITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Chuck Schmadeke, Dir. of Public Works, 410 E. Washington St., Iowa City, IA 52240; 319-356- 5141 RESOLUTION NO. 98-316 RESOLUTION ACCEPTING THE WORK-FOR THE NAPOLEON PARK ENTRANCE AND PARKING LOT IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Napoleon Park Entrance and Parking Lot Improvements Project, as included in the contract between the City of Iowa City and Streb Construction Company, Inc. of Iowa City, Iowa, dated March 1 O, 1998, 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 IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 6th day of October , 1998. Approved by ATTEST: C~ 7~- ?~/',~f.-r.,4.~ ~,t~tv~']. b'~/0 CitV AttorneV's Office It was moved by Thornberry and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman × Norton X O'Donnell X Thornberry X Vanderhoef pweng\res\nappkent .doc ENGINEER'S REPORT October 1, 1998 Honorable Mayor and City Council Iowa City, Iowa Re: Napoleon Park Entrance and Parking Lot Improvements Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Napoleon Park Entrance and Parking Lot Improvements Project has been completed by Streb Construction Company, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by Shoemaker-Haaland Professional Engineers. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $382,638.37. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Charle~ Sch~~eke, P.E. Public Works Director 410 EAST V~,'ASIilNGTON STREET * IOg~'A CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 98-317 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST PERMANENT AND TEMPORARY EASEMENT AGREEMENTS WITH THE STATE BOARD OF REGENTS FOR THE PLACEMENT OF SANITARY SEWER ACROSS THE UNIVERSITY HAWKEYE FARM PROPERTY AND FOR THE EXECUTION OF AN ASSIGNMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DAV-ED LTD. TO FACILITATE CONSTRUCTION WITHIN SAID EASEMENT AREA. WHEREAS, the preliminary plat of Galway Hills Pad 5 was conditionally approved by the City Council on March 24, 1998 subject to finalization of easements and agreements for the provision of sanitary sewer service prior to consideration of a final plat for the subject area; and WHEREAS, the provision of sanitary sewer service to the area requires installation of a sewer pipeline across University of Iowa property known as the Hawkeye Farm; and WHEREAS, as the provision of sanitary sewer service to the area is beneficial to the general public, the City has negotiated the grant of an easement agreement with the State Board of Regents; and WHEREAS, as the installation of said sewer service is of direct benefit to DavoEd Ltd., said developer has agreed to construct the public improvement and accept an assignment of the City's construction obligations and liability during construction of the improvement. WHEREAS, the Easement Agreements and Assignment Agreement require City Council approval; and WHEREAS, the execution of said Easement Agreements and Assignment Agreement are in the public interest and advance the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Temporary and Permanent Sanitary Sewer Easement Agreements with the State Board of Regents as well as the Assignment Agreement with Dav-Ed Ltd. upon approval of the same by the City Attorney. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Agreements in the Johnson County Recorder's Office at the expense of Dav-Ed Ltd. Resolution No. 98-317 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X X x X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 6th day of Oct ber , 1998. sarah\landuse\gal5uiea.res ATTEST: CI~C~ ~f2 ~ub) I Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319} 356-5243 RESOLUTION NO. 98-318 RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART NINE, IOWA CITY, IOWA. WHEREAS, the owner, Arlington, L.C., filed with the City Clerk the final plat of Windsor Ridge, Part Nine, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the Southeast. Quarter of the Northeast Quarter, a Portion of the Northeast Quarter of the Northeast Quarter, and a Portion of the Northwest Quarter of the Northeast Quarter all of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 18, Township 79 North, Range 5 West; of the fifth Principal Meridian; Thence S00°23'59"E, along the East Line of said Northeast quarter, 676.45 feet, to the Point of Beginning; Thence continuing S00°23'59"E, along said East Line, 315.27 feet, to the Northeast Corner of a Parcel of Land conveyed by Warranty Deed -- Joint Tenancy as Recorded in Deed Book 330 at Page 187, of the Records of the Johnson County Recorders Office; Thence S89°41'12"W, along the North Line of said conveyed Parcel, 327.18 feet, to the Northwest Comer thereof; Thence S00°21 '22" E, along the West Line of said conveyed Parcel, and the West Line of a Parcel of Land conveyed by Warranty Deed Joint Tenancy as Recorded in Deed Book 339 at Page 249 of the Records of the Johnson County Recorders Office, a distance of 174.93 feet, to a Point on the Northerly Line of Windsor Ridge - Part Eight, in accordance with the Plat thereof Recorded in Plat Book 37, at Page 304 of the Records of the Johnson County Recorder's Office; Thence S83°17'51"W, along said Northerly Line, 354.54 feet; Thence N13°14'51"W, along said Northerly Line, 152.25 feet; Thence N29°34'30"W, along said Northerly Line, 76.25 feet; Thence S72°09'00"W, along said Northerly Line, 270.28 feet; Thence S18°37'05"W, along said Northerly Line, 134.14 feet; Thence S04°08'24"E, along said Northerly Line, 79.89 feet; Thence S23°45'34"E, along said Northerly Line, 44.67 feet; Thence S73°41 '48"W, along said Northerly Line, and the Northerly Line of Windsor Ridge - Part Seven, in accordance with the Plat thereof Recorded in Plat Book 36, at Page 310, of the Records of the Johnson County Recorders Office, a distance of 72.85 feet; thence N57°24'25"W, along the Northerly Line of said Windsor Ridge - Part Seven, a distance of 453.67 feet; Thence N75°46'34"W, along said Northerly Line, 419.05 feet; Thence S14°13'26"W, along said Northerly Line 32.03 feet; Thence N75°46'34"W, along said Nodhedy Line, 89.68 feet; Thence N12°26'25"E, 195.83 feet; Thence Southeasterly, 5.47 feet, along a 380.00 foot radius curve, concave Southwestady whose 5.47 foot chord bears S77°08'49"E; Thence N13°15'56"E, 147.57 feet; Thence S75°46'34"E, 92.78 feet; Thence N 14°13'26"E, 110.00 feet; Thence S75°46'34"E, 254.63 feet; Thence S72°03'18"E, 155.38 feet; Thence S88°31'45"E, i15.60 feet; Thence N74°13'41"E, 117.69 feet; Thence N45°48'36"E, 127.25 feet; Thence N37°36'20"E, 154.36 feet; Thence S52°23'40"E, 136.49 feet; Thence N37°36'20"E, 8.00 feet; Thence S52°23'40"E, 60.00 feet; Thenca Southeasterly, 39.00 feet, along a 25.00 foot radius curve, concave Northeasterly, whose 35.16 foot chord bears S07°05'03"E; Thence Southeasterly, 209.39 feet, along a 863.72 Resolution No. 98-318 Page 2 foot radius curve, concave Southwesterly, whose 208.88 foot chord bears S44°49'43"E; Thence N52°07'00"E, 127.02 feet; Thence N89°41'12"E, 558.36 feet, to the Point of Beginning. Said Tract of land contains 20.33 acres, more or less and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets, easements and "public open space" when land is being dedicated as part of the subdivision as provided by the Subdivider's Agreement and/or by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 6th day of October ,1998. A yAC.mt~~y' ppdadminVes~dndridg.doc Resolution No. '98-318 Page 3 It was moved by Tho~'nber'r'y and seconded by adopted, and upon roll call there were: No~'t, on the Resolution be AYES: NAYS: ABSENT: X X Champion Kubby Lehman Norton ' O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB98-0023. Windsor Ridge, Part 9 Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: Prepared by: Scott Kugler Date: September 17, 1998 Arlington, L.C. 586 Highway 1 West Iowa City, Iowa 52246 Phone: 354-O581 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a 46-1ot residential subdivision At the north terminus of Arlington Drive and Barrington Road. 20.33 acres Vacant, RS-5 North: East: South: West: Vacant, RS-5, RS-8; Agricultural, County RS; Residential, RS-5; Vacant, RS-5. Residential, 2-8 dwelling units per acre Chapter 14-7, Land Subdivisions August 26, 1998 October 1 O, 1998 October 25, 1998 BACKGROUND INFORMATION: The applicant, Arlington, UC., is requesting a final plat of Windsor Ridge, Part 9, a 20.33 acre, 46~1ot residential subdivision located at the north terminus of Arlington Drive and Barrington Road. The proposed subdivision would connect the two existing collector streets within the Windsor Ridge development and provide secondary access to the two existing pods of developed lots. The preliminary plat for parts 9 through 14 of this subdivision was approved in September of 1997. The preliminary plat indicated that 48 lots would be created within this area, but only 46 lots are being proposed to be included in this final plat. ANALYSIS: The proposed final plat is in conformance with the City's subdivision regulations. Legal papers and construction drawings have been submitted and are under review. Legal papers and construction drawings will have to be approved prior to City Council consideration of the final plat. The proposed plat includes the extension of two existing collector streets, Arlington Drive and Barrington Road. One new collector street, Huntington Drive, will also be created, and will provide for secondary access to most areas of the Windsor Ridge development. Both Arlington Drive and Huntington Drive are to be extended to the north to intersect with an extended Court Street when future phases of this development occur. Two local streets, Sheffield Place and Buckingham Lane, would also be platted with Part 9. Buckingham Lane is to be a short stub street that will be extended to the west in future phases of the development to the Fairview golf course property. It will provide one of two connections to the property to the west. Sheffield Place is a short cul-de-sac extending east from Barrington Road toward Taft Avenue. At the time the preliminary plat was discussed, the extension of this street east to intersect with Taft Avenue was considered, but it was found that topography would limit the provision of sanitary sewer service to lots along this roadway should the street be extended. Therefore, the street was not required to be extended, but an outlot for a public sidewalk was to be provided for a future pedestrian connection to Taft Avenue. Outlot T on the plat would provide for this connection, but the actual construction of the sidewalk would not take place until Taft Avenue is reconstructed as an arterial street. Outlots N and T are to be dedicated to the City for open space and for the above referenced sidewalk connection to Taft Avenue. The plat notes that the developer is responsible for installing sidewalks along the street frontage of these outlots, and that a trail system is to be constructed on Outlot N as shown on the preliminary plat. The sidewalk on Outlot T would be constructed at a later date upon the improvement of Taft Avenue. Two five-foot construction easements are provided along Outlot T for construction of the sidewalk. At the end of Sheffield Place, three double-frontage lots are being proposed. The preliminary plat and sensitive areas site plan that were approved for this property indicated that a landscaped buffer would be established at the rear of these lots at the time the street was developed. The legal papers should reference this requirement. The trees must be located outside of the 20 foot construction easement for Taft Avenue. The plat contains notes limiting access on corner lots to the local street frontage where possible (Lots151, 162, 175, 176). Where a lot is located on the corner of two collector streets (Lots 163, 174, 177), vehicular access is limited to the non-through street. STAFF RECOMMENDATION: Staff recommends that SUB98-0024, a request for a final plat of Windsor Ridge, Part 9, a 20.33 acre, 46-1ot residential subdivision located in the RS-5 zone at the north terminus of Arlington Drive and Barrington Road, be approved, subject to the approval of legal papers and construction drawings prior to City Council consideration of the plat. ATTACH M ENTS: 1. Location map. 2. Final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development c~ 0 0 I D r i L_ < (D 0 _] j! i J Prepared by: Chuck Schmadeke, Director, Public Works, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 RESOLUTION NO. 98-319 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER MAIN PHASE 4, EMERALD STREET TO THE PENINSULA PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 29th day of October, 1998. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 3~d day of November, 1998, or at such later time and place as may then be fixed. Resolution No. 98-319 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Passed and approved this 6th day of October 19 ATTEST:C~ ~. MAYOR City Attomey's Office It9 -I '- 4 ~ It was moved by Thornberry and seconded by Vanderhnef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVes~oeninsul.doc Prepared by: Jeff Davidson, Asst. Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 98-320 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'i'I'EST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON PC OF IOWA CITY, IOWA FOR PHASE II ARCHITECTURAL AND ENGINEERING SERVICES WHEREAS, the need to construct a multi-use parking facility in downtown Iowa City has been identified in the Downtown Iowa City Parking Study of 1997; and WHEREAS, the City Council has identified a site for said multi-use parking facility along Iowa Avenue between Linn Street and Gilbert Street; and WHEREAS, Neumann Monson PC of Iowa City, Iowa has completed a schematic design study which has more specifically defined the scope of the multi-use parking facility; and WHEREAS, City staff has negotiated a consultant agreement with Neumann Monson PC of Iowa City, Iowa to complete design and engineering activities for said facility, a copy of which agreement is attached hereto and incorporated herein by reference. 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. 2. The Mayor is authorized to sign and the City Clerk to attest the consultant agreement. Passed and approved this 6th day of October ,1998. A'I'FEST: C~ ~ ove City Attorney's Office jccogadmVes~downpark.doc Resolution No. 98-320 Page 2 It was moved by Vanderh0ef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6th day of October , 1998, by and between the City of Iowa City, a municipal corporation, hereina~er referred to as the City and Neumann Monson P.C., hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City seeks to utilize the architectural services of Neumann Monson P.C. for consulting services for the Iowa Avenue Multi-use Parking Facility, hereinafter referred to as the Project. WHEREAS, the Schematic Design Phase of the Project has been completed and the parties desire to contract for the remaining phases of the project. NOW THEREFORE, it is agreed by and between the parties that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES A. Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. 1. Design Development Phase The Consultant shall prepare drawings and other documents which describe the project's size, structural system, exterior appearance, colors, and materials, mechanical and electrical systems, floor to floor relationships, site relationships, and other appropriate elements. b. Consultant shall rigid mount one set of drawings for public presentation. c. Consultant shall update the schematic design preliminary construction cost estimate. d. The Consultant shall obtain City approval prior to proceeding to the next phase of design. 2. Construction Document Phase Based on the Design Development documents prepared by the Consultant and any adjustments in the scope or quality or budget of the Project authorized by the City, the Consultant shall prepare for approval by the City, Construction Documents consisting of drawings and specifications setting forth in complete detail the requirements for the construction of the Project. Base bid documents will include unfinished space for all commercial areas except the Parking Office, which shall be finished. If so directed by City, alternate bids will be included to provide finishing of commercial space(s). Drawings shall be completed in electronic format AutoCAD 14 or compatible program approved by the City. Electronic data shall be transferred to the City on disks. In addition plots of all drawings shall be given to the City. d. A hard copy master set of specifications shall be given to the City. 2 e. The Consultant shall prepare a final construction cost estimate. f. The Consultant shall assist the City in preparing and filing of approval documents required of government agencies with authority over the Project. g. Consultant shall provide one rigid mounted set (24" x 36') of colored, with shades and shadows, building elevations for presentation to the City Council. 3. Bidding or Negotiation Phase: ae The Consultant shall assist the City in obtaining bids or negotiated proposals for the project which includes but is not limited to holding a prebid conference, preparation and distribution of addenda, responding to contractor inquiries, documentation of plan holders, distribution of plan sets, approval of substitutions, conducting bid opening, providing bid analysis, and providing a recommendation of contract award. b. The Consultant shall assist the City in preparing and awarding the contracts for construction. 4. Construction Contract Administration Phase The Consultants construction review and inspection responsibilities begin with the City Council award of contract and ends with the final payment 30 days after formal City Council acceptance of work. bo The Consultant shall visit the site at intervals necessary to become familiar with the progress and quality of work and to determine in general if the work is being performed in a manner indicating that the work when completed, will be in accordance with the contract documents. From the beginning of footing and foundation construction through the "Certificate of Substantial Completion" site visits shall be at intervals appropriate to the stage of construction, and in addition, upon reasonable request of the City. c. The Consultant shall not be required to be continuously on site. The Consultant shall as necessary but no less than monthly keep the City informed on the progress and quality of work and endeavor to guard the City against defects and deficiencies in the work. e. The Consultant shall at all times have access to the work in progress, unless specifically denied in writing by the City. f. The Consultant shall review the Contractor's "Application for Payments" and make recommendations on the amounts to be paid. g, The Consultant shall have authority to reject work that does not conform to the contract documents and with mutual consent of the City may require additional tests and inspections be conducted to insure contract document compliance of questionable components. h, The Consultant shall prepare and process all required "Field Instructions" and "Change Orders" and review and approve or take other appropriate action on Contractor submittals in a timely manner (ten (10) working days or less) so as 3 not to delay construction, but such review and approval shall be for the limited purpose of checking for conformance with the information provided and the design concept expressed in the signed documents. The Consultant shall have no control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Project, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractor or their agents or employees, or any other persons performing portions of the Project. Except as may Otherwise be provided in the Agreement or other contract documents, or when direct communications have been specially authorized, the City and Contractor shall communicate through the Consultant. Communications by and with the Consultant's consultants shall be through the Consultant. B. The City agrees as follows: 1. The City shall provide information regarding special equipment and system requirements of the Project. 2. The City shall provide an updated budget including construction cost, City costs, and contingencies. The City shall designate a staff representative as the primary contact for the consultant to coordinated any City response required of inquiries by the Consultant. City decisions and responses will be rendered in a timely manner. 4. The City shall furnish all tests, inspections, and reports required by law or the contract documents. The City shall respond in writing if information, surveys, and reports given to the Consultant have questionable reliability, beyond those disclaimers given in such information, surveys, and reports. 6. The City shall promptly in writing inform the Consultant of any Project deficiencies discovered by the City during its normal review of the progress of work. If the City requires certification of any portion of the Project work by the Consultant, the language of such certification shall be submitted to the Consultant for review and mutual approval at least 14 days prior to execution. II. TIME OF COMPLETION The Consultant shall complete the various phases of the Project in accordance with a mutually agreed upon schedule, in accordance with the final schematic design report, which shall include a specific time of completion schedule. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 4 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 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, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater that the "lump sum" amount listed in Section IV. The City may terminate the Agreement upon seven (7) calendar days' written notice to the Consultant. , C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the Project shall be available by the City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to the Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of the Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitations as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional architect affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. The drawings, specifications and other documents prepared by the Consultant for this Project are instruments of the Consultant's service for use solely with respect to this Project and, unless otherwise provided, the Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The City shall be permitted to retain copies, including reproducible copies, of the Consultant's drawings, specifications and other documents for information and reference in connection with the City's use and occupancy of the Project. Other than the City, which may use said documents for any purpose in connection with City projects, the Consultant's drawings, specifications or other documents shall not be used by others on other Projects, unless the Consultant is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Consultant. M. Fees paid for securing approval of authorities having jurisdiction of the Project will be paid by the City. Upon signing this Agreement, Consultant acknowledges 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 prohibition enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES A. Method of Payment City shall pay Consultant for services rendered under Section I - Scope of Services, 7.12% of the actual construction cost for the parking structure and the commercial space, which, with the exception of the Parking Office, shall be unfinished space, but said fee shall not exceed the lump sum of $698,000. 'Unfinished" is that degree of finish estimated by Consultant to cost $72.00 per square foot to construct, and shall include the following: sheet rocked, insulated and painted perimeter interior walls; a minimal suspended acoustic ceiling with minimal lighting; a mechanical system providing heating with minimal duct work necessary for connection by occupant and sized such that the occupant can install air conditioning; a sprinkler system; and, a sealed concrete floor. In the event that City directs Consultant to provide finishing of any commercial space, the fee for such work shall be 8% of the additional actual construction cost of providing such finish and said not-to-exceed figure shall not apply to said additional work. Nor shall the not-to-exceed figure apply to a pedestrian bridge to the Senior Center if such a bridge is included in the Project. B. Payment Schedule The stipulated sum shall be paid in partial amounts equal to the percentage of progress of work during each design phase. Payments will be made no more than once monthly according to the CITY'S schedule of check release and paperwork deadline, dates, allowing time for CITY staff review of payment applications. If compensation is based on a percentage of construction cost and any portion of the project is not constructed, the Consultant is entitled to compensation for work completed on those portions not constructed based on lowest bona fide bid or the Consultant's most recent construction cost estimate for these portions. The 6 Consultant's construction cost estimate shall be the total of all components of the project designed and specified by the Consultant. The construction cost estimate for determining compensation shall not include elements designed and specified by the City, compensation of the Consultant and their subconsultants, contingencies, land costs, or other City services, costs, or fees If the CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after giving seven (7) days written notice to CITY, suspend services under the Agreement until CITY has paid in full all amounts due. CONSULTANT shall provide working drawings and other documentation deemed necessary to the CITY at meetings held periodically during the design phase and reach mutual agreement that work has been performed in accordance with the schedule. C. Reimbursables The following shall be considered the only reimbursable expenses allowed when directly incurred for work on this Project (payments shall be made on scheduled check release dates as per above as sums accumulate): dm Automobile travel at $.32 per mile; other transportation expenses in connection with the Project. Long distance communications. Reproductions of drawings and specifications other than those used for the Consultant's in-house use among employees and subconsultants. The number and cost of Bid Documents shall be agreed to in writing. Postage and handling of documents. Lodging as required for Consultant's consultants. Reimbursable expenses are to be calculated by applying a multiple of 1.1 to expenses incurred by the Consultant, consultant's employees, and subconsultants. D. Additional Services Additional services are those CONSULTANT services beyond those described in the Scope of Services and agreed to in writing by both parties. Payments for additional services, if any, shall be made as incurred and as per CITY'S scheduled check release dates as noted above. Computation of additional CONSULTANT services shall be calculated as follows: 1. Principals' time at $110.00 per hour. 2. Employees' time per the schedule of hourly rates provided for the personnel involved, as provided in Attachment "A". 3. SUBCONSULTANTS at 1.1 times amounts billed the CONSULTANT. The CONSULTANT'S records for the preparation of fees pertaining to the PROJECT shall be available to the CITY or CITY's authorized representative at mutually convenient times. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Architectural Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. The Consultant may use exterior and interior photographs, drawings, and renderings of this project in the Consultant's promotional materials. D. The Consultant shall carry a minimum $500,000.00 professional liability insurance during and for a period of two years following Council acceptance of this project. E. Nothing contained in this agreement shall create a contractual relationship .with or cause of action in favor of a third party against either the City or the Consultant. The Consultant shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous or toxic substances which existed on site previous to this agreement, or prior to discovery of such materials. In an effort to resolve any conflicts that arise during the design and construction of the project or following the completion of the project the City and Consultant agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. He The City and Consultant further agree to include a similar mediation provision in all agreements with contractors and consultants retained for this project and to require all contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers, or fabricators so retained, thereby providing for mediation as the primary method of dispute resolution between parties to those agreements. FOR THE CONSULTANT B~L~ ~ Title: Mayor Date: October 6, 1998 Attest: Approved by: City Attorney's Office Date: Title: Principal Date: (¢)t~. pweng/agt/pdu'amp3,doc Iowa City Council Mayor Ernie Lehman Civic Center Iowa City, IA 52240 Re: Proposal to Build a Parking Ramp on Iowa Avenue ~ ,, ' ......0 ,~' !'798 Dear Mayor Lehman and Members of the Council: For the following reasons, I am opposed to the building of a parking ramp near Iowa Avenue in downtown Iowa City. 1. The most vital function of a downtown is to provide space for citizens to meet to discuss issues, recreate, and bond to the community. Ramps decrease the amount of public space available for citizens to do this, as such they work against creating a strong, civil Iowa City. 2. We have enough ramp parking available downtown. The ramp near the Civic Center is never filled. In fact, when using the Civic Center ramp, regardless of time of day, I am always able to park on the first level near an entrance. 3. The businesses and the physical space that will be displaced for the ramp are already vital and contributing members of our community. They deserve the right to remain as they are and where they are on Iowa Avenue. 4. We could better spend our tax dollars by upgrading bus service and bicycle greenways to the downtown district. If it were safer for bicyclist to get downtown and if they had as many convenient places to park as automobile drivers do, we would need fewer automobile parking spaces and enjoy better air quality. I ask the council to reconsider its commitment to the proposed Iowa Avenue ramp. It is an unnecessary and expensive intrusion to our downtown public space and to quality of life in Iowa City. Respectfully, Kathleen Janz~ 328 Reno Street Iowa City, IA 52245 CONSULTANT AGREEMENT // THIS AGREEMENT, made and entered into this __ day of , 1998, by and between the City .of Iowa City, a municipal corporation, hereinafter referred to as the City and Neumann Monson .C., hereina~er referred to as the Consultant. WHEREAS, the City f Iowa City seeks to utilize the architectural services of Neur ~: m Monson P.C. for cons. ulting se ices for the Iowa Avenue Multi-use Parking Facility, ~ ~1 :e referred desire to contract for the ining phases of the project. NOW THEREFORE, it is a by and between the parties that with the Consultant to provide se ices as set forth herein. City does now contract I. SCOPE OF SERVICES A. Consultant agrees to perform and satisfactory manner. following services the City, and to do so in a timely 1. Design Development Phase The Consultant shall prepare project's size, structural system mechanical and electrical syste and other appropriate ~. is and other documents which describe the ;nor appearance, colors, and materials, to floor relationships, site relationships, b. Consultant shall rigid mouf set of for public presentation. c. Co.nsultant shall upda the schematic desic. preliminary construction cost d. suitant .. tain City approval prior to pro eeding to the next phase of design. 2. Construction Do m. nt Phase a. Based o he Design Development documents prepared by t Consultant and any a ' stments in the scope or quality or budget of the Proje t authorized by the C' y, the Consultant shall prepare for approval by the Cit Construction Doc ments consisting of drawings and specifications setting forth in complete de il the requirements for the construction of the Project. b. ase bid docu.ments .will in.clude un~nish.ed space fo.r all comm.erci areas e completed in electronic format AutoCAD 14 or compatible program approved by the City. Electronic data shall be transferred to the City on disks. In addition plots of all drawings shall be given to the City. / d. A hard copy master set of specifications shall be given to the City. e. The Consultant shall prepare a final construction cost estimate. f. The Consultant shall assist the City in preparing and filing of approval documents require~l of government agencies with authority over the Project. g. Consultant shall provide one rigid mounted set (24" x 3 of colored, with shades and shadows, building elevations for presentation City Council. Bidding or Negotiation Phase: a. The the project preparation documentation conducting bid shall assist the City in obtaining bids negotiated proposals for ich includes but is not limited to a prebid conference, distribution of addenda, res to contractor inquiries, holders, distribution of sets, approval of substitutions, ring, providing bid analysis, providing a recommendation of contract award. b. The Consultant shall construction. 4. Construction Contrac ;ist the City in and awarding the contracts for tion Pha,. The Consultants construction the City Council award of formal City Council acceptance and inspection responsibilities begin with ends with the final payment 30 days after b. The Consultant shall visit the necessary to become familiar with the progress and quality of and in general if the work is being performed in a manner work when completed, will be in accordance with the ........ From the beginning of footing and foundation construction h the "Certifi te of Substantial Completion" site visits shall be at int appropriate to t stage of construction, and in addition, upon reas 8 request of the City. informed on 9 progress and quality of work and en avor to guard the City gh~inst defe~ ' ' ' . s denied in writing by the City. ' f. The shall review the Contractor's "Application for Payments" and recommendations on the amounts to be paid. g.Consultant shall have authority to reject work that does not conform to the documents and with mutual consent of the City may require additional / tests and inspections be conducted to insure contract document compliance of questionable components. / The Consultant shall prepare and process all required "Field Instructions" and "Change Orders" and review and approve or take other appropriate action on Contractor submittals in a timely manner (ten (10) working days or less) so as / 3 not to delay construction, but such review and a purpose of checking for conformance with the design concept expressed in the signed documents. The Consultant shall have no control over or responsible for construction means, method ~hall be for the limited provided and the e of and shall not be techniques, sequences, or are solely the Contractor for ConstruCtion. The Consultant shall not schedules or failure to carry out the Documents. omissions of other persons provided in communications communicate Consultanrs Consultant shall not h; Contractor, Su ;rforming portions of reement or been special h the ts shall be rams in connection with the responsibility under the Contract 9 responsible for the Contractor's in accordance with the Contract control over or charge of acts or or their agents or employees, or any ; Project. Except as may otherwise be r contract documents, or when direct authorized, the City and Contractor shall Communications by and with the h the Consultant. B. The City agrees as follows: 1. The City shall provide requirements of the Project. regarding special equipment and system 2. The City shall provide an contingencies. ~dget including construction cost, City costs, and The City shall desig consultant to coordir City decisions and a staff re any City ~onses will be ~sentative as the primary contact for the ~se required of inquiries by the Consultant. in a timely manner. 4. The City shall all tests, ins~ contract nts. and reports required by law or the II. 5. The City respond in writing if information, and reports given to the questionable reliability, beyond lose disclaimers given in such informatk surveys, and reports. the City during its normal review of the pro~ ~ss of work. 7. If t~e city requires ce~ification of any potion of the Project ~rk by the Consultant, th~ language of such cedification shall be submitted to the Consultant for review and mutual approval at least 14 days prior to execution. TIME OF COMPLETION The Consultant shall complete the various phases of the Project in accordance with a mutually agreed upon schedule, in accordance with the final schematic design report, which shall include a specific time of completion schedule. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 4 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discrimin~ employment marital status, Should the City ite this Agreement, the Consultant services performed u to the time of termination. greater that the "lump um" amount listed in Section Agreement upon seven calendar days' written noti against any individual in terms, conditi,ons, or privileges of ;cause of their race, color, religion, sex, natio,rral origin, disability, age, ;nder identity, or sexual orientation. / be paid for all work and such sums shall not be The City may terminate the to the Consultant. This Agreement shall be bi ~ding upon the succes', provided that no asssc shall be without Agreement. and assigns of the parties hereto, written consent of all Parties to said It is understood and a purpose of the Project shall the Consultant shall have the performance of the Project. :hat the rete an inde of the Consultant by the City for the contractor and shall be exclusive, but such assistance as may be required for the It is agreed by the City that all Consultant for the Project shall be Consultant. The City agrees to records and files. and files pertaining to information needed by the by the City upon reasonable request to the ;h all reasonable assistance in the use of these F. It is further agreed that no federal, or local law or any to the reement shall perform contrary to any state, ordinan. ~s of the City of Iowa City, Iowa. G. At the request of the relative to the work set given with reasonable :he Consultant dl attend such meetings of the City Council in this Ac Any requests made by the City shall be }rice to the Consultant assure attendance. H. The Consultant agr by the City, copie~ data prepared o and without under this Ag to furnish, upon te of the Agreement and upon demand all basic notes and sketches computations, and any other by the Consultant to this Agreement without cost, or limitations as to the use to specific projects covered In such event, the Consultant not be liable for the City's use ant agr reports, specifications, a drawings, w~th the seal \,,, The City agrees to tender the Consultant all fees in a timely 'manner, excepting, however, that failure of the Consultant to satisfactorily perform in acCo. rdance with this Agreement shall constitute grounds for the City to withhold payment 'of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect· 5 IV. COMPENSATION FOR SERVICES A. Method of Payment L. The drawings, specifications and other documents prepared by the Consultant for this Project are instruments of the Consultant's service for use solely with respect to this Project and, unless otherwise provided, the Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the c yright. The City shall be permitted to retain copies, i0cluding .... Project. Other the City, which may use said documents for a~y purpose in connection with projects, the Consultant's drawings, specifi 'tions or other adjudged to be in s n ~ i appropriate corn to the Consultant. M. Fees paid for securing ~proval of authorities having jurisdi tion of the Project will be paid by the City. :~~t City, and ce~ifies that no eml ~e or o~cer of the ty, which includes members of the City Council and City boards commissions, ha an interest, either direct or indirect, in this Agreement, that does fall within the ' said statut ~ prohibition enumerated in Section 362.5. / ,/ / / City shall pay Consultant for services sdered under Section I - Scope of Services, 7.12% of the actual construction coS't the parking structure and the commercial space, which, with the exception ofi~he :ing Office, shall be unfinished space, but oJ:7: estimated by er s ~are foot to construct, and shall include the following: sheet rocked, insulated and ;d perimeter interior walls; a minimal suspended acoustic ceiling with/minimal lighting; mechanical system providing heating with minimal duct work necessary for connection occupant and sized such that the occupant can install air conditioning; a sprinkler and, a sealed concrete floor. In the event that City directs Consultant to provide fin the fee for such work shall be 8% of the additional such finish and said no~:to-exceed figure shall not a shall the not-to-exceed/figure apply to a pedestrian bridge bridge is included in t~ Project. Payment Schedule / / 1. The stipulate sum shall be paid in partial amounts equal deadline/dates, allowing time for CITY staff review of payment ing of any commercial space, cost of providing said additional work. Nor Senior Center if such a r the Consultant is entitled to compensation for work cempleted on those portions not constructed based on lowest bona fide bid or the Consultant's most recent construction cost estimate for these portions. The percentage of le no more than .nd paperwork 6 Consultant's construction cost estimate shall be the total of all components of the project designed and specified by the Consultant. The construction cost estimate for determining compensation shall not include elements designed and specified by the City, compensation of the Consultant and their subconsultants, contingencies, land costs, or other City services, costs, or fees If the CITY f 'Is to make monthly payments due CONSULTAN'F~ CONSULTANT may, after g~w seven (7) days wntten notice to CITY, suspen ,§erv~ces under the Agreement ' ITY has paid in ful all am . CONSULTANT provide working drawings and other ocumentation deemed necessary to the Y at meetings held periodically duri the design phase and reach mutual agr ~ement that work has been perfor tmtuh~?taccordance with the schedule. C. Reimbursables The following shall be incurred for work on this dates as per above as ~sidered the only reimbursa roject (payments shall accumulate): expenses allowed when directly made on scheduled check release de Automobile travel at with the Project. Long distance Reproductions of Consultant's in-house and cost of Bid Documents Postage and handling of do, Lodging as required for Reimbursable expense,, expenses incurred subconsultants. .32 per mile; ot transportation expenses in connection other than those used for the employees and subconsultants. The number il be agreed to in writing. ments. consultants. be calculated by applying a multiple of 1.1 to the Consultant, consultant's employees, and D. Additional Services Additional services a~ Scope of Services services, if any, dates as noted calculated as those CONSULTANT agreed to in writing be made as incurred and Computation of ;rvices beyond those described in the parties. Payments for additional ,er CITY'S scheduled check release ILTANT services shall be 1. Principa 2. Em 3. The shal COl at $110.00 per hour. time per the schedule of hourly as provided in Attachment "A". JLTANTS at 1.1 times amounts billed the ~rovided for the personnel U LTANT. JLTANT'S records for the preparation of fees perta~.ing to the PROJECT available to the CITY or CITY's authorized repres~ntative at mutually times. MI,' /~. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Architectural Profession. 7 It iS further reed that there are no other considerations or monies contingent upon or resulting execution of this Agreement, that it is the entire Agreement, and that no other monie or considerations have been solicited. C. The Consultant this project in the D. The Consultant during and for a use exterior and interior photographs, drawings, and renderings of nsultant's promotional materials. / carry a minimum $500,000.00//professional liability insurance two years following Council/~cceptance of this project. Nothing contained in this reement shall create a/'~contractual relationship with or cause of action in favor of a third ~rty against either the City or the Consultant. / / The Consultant shall have o responsibility for the discovery, presence, handling, removal, or disposal of or ;ure of pers,~ns to hazardous or toxic substances which existed on site previous to this reement;~Or prior to discovery of such materials. By: In an effort to resolve any project or following the completion disputes between them arising out nonbinding mediation unless the / The City and Consultant furthe agreements with contractors a~ contractors and consultants agreements with subcontrac thereby providing for medi/; parties to those agreemer~s. / FOR THE CITY ' / / / / / / ,/ // / Title: Date: Attest: Approved by: / City Attorn~Zy's Office / Date: ,.' pweng/a/~t/prkramp3.doc / that//~rise during the design and construction of the me project the City and Consultant agree that all relating to this agreement shall be submitted to mutually agree otherwise. to as the include a similar mediation provision in all retained for this project and to require all a similar mediation provision in all suppliers, or fabricators so retained, method of dispute resolution between FOR CONSULTANT By: Title: Principal Date: Prepared by: Charles Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 98-321 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT NUMBER 3 TO THE AGREEMENT DATED NOVEMBER 23, 1993, BETWEEN HOWARD R. GREEN COMPANY AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO THE IOWA CITY WATER SUPPLY AND TREATMENT FACILITIES. WHEREAS, the City of Iowa City has previously entered into an agreement with Howard R. Green Company dated November 23, 1993, for professional engineering services in connection with the design of the Iowa City water supply and treatment facilities for the City; and WHEREAS, the scope of services has expanded comprising of additional work comprising of the provision of standby power generation for the new water plant site and emergency power for the raw water sources on the peninsula; and WHEREAS, the parties desire to amend said agreement to reflect the additional work; and WHEREAS, City staff has negotiated an Amendment Number 3 to the November 23, 1993 agreement with Howard R. Green Company for the above-mentioned water facility improvements; and WHEREAS, the City Council deems it in the public interest to enter into Amendment Number 3 amending the consulting services agreement dated November 23, 1993, in order to incorporate the additional work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Amendment No. 3 to the Consultant's Agreement dated November 23, 1993 between the City and Howard R. Green Company attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment No. 3 to said Consultant's Agreement· Passed and approved this 6th day of ATTEST:C~ ~. Pweng/res/watersu3.doc October ,1998. MAYOR A~/"Z_ ~ ~ City Attorney's Office Resolution No. 98-321 Page 2 It was moved by Thornbet~ry and seconded by adopted, and upon roll call there were: Vander'hoef the Resolution be AYES: NAYS: ABSENT: X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef AMENDMENT NUMBER 3 RESOLUTION 93-316 CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY WHEREAS, the City of Iowa City has previously entered into an agreement with Howard R. Green Company dated November 23, 1993, for professional engineering services in connection with the design of the Iowa City water supply and treatment facilities for the City; and WHEREAS, the scope of services has expanded to include additional work comprising of the provision of standby power generation for the new water plant site and emergency power for the raw water sources on the peninsula; and WHEREAS, the parties desire to amend said agreement to reflect the additional work; and WHEREAS, City staff has negotiated an Amendment Number 3 to the November 23, 1993 agreement with Howard R. Green Company for the above-mentioned water facility improvements; and WHEREAS, the City Council deems it in the public interest to enter into Amendment Number 3 amending the consulting services agreement dated November 23, 1993, in order to incorporate the additional work. NOW THEREFORE, the parties agree as follows: The work to be performed under this Amendment shall encompass and include detail work, services, materials, equipment and supplies necessary to complete the tasks and conditions of the Engineering Services Agreement dated November 23, 1993. Project Description The project will include designing power generation facilities at the water plant site to provide standby power for the new water plant as well as certain raw water sources on the plant site and the design of standby emergency power for the raw water sources on the Peninsula. Scope of Services Evaluation Phase - Plant Site 1.1 Review applicable codes/standards relating to providing emergency power to the facilities, These include National Fire Protection Association 37, 70, 101, 110, and 111. 1.2 Determine total power load of equipment and lighting to be run by the generator in the event of a power outage. The following is a preliminary listing of loads that will be considered. · High service pumps · Process controls · Chemical feed equipment and safety ventilation · Lighting · Selected convenience outlets 1.3 1.4 1.5 1.6 · Jordan well · HVAC · Sand pit pumping station · Both collector wells Evaluate and make recommendations regarding generator fuel source, Evaluate and make recommendations regarding selection of a single versus a multiple generator set installation. Evaluate options for operating the plant at lower capacity in order to minimize standby power requirements. Meet with OWner at a strategic time during the Evaluation Phase to discuss possible standby power generation configurations to determine which will best serve the needs of the Owner. Design Phase 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 - Plant Site Upon completion of the Evaluation Phase, meet with the Owner in a project design meeting to confirm the parameters for the final design. Develop construction drawings and specifications for the installation of the chosen emergency power generation system. Develop electrical power distribution drawings and specifications to interconnect the emergency power generation system into the present site power distribution system. Design building to house generator(s). The building shall be architecturally compatible with the new water facility structures on the site. Design site work modifications including an access road to the generator building. Site work will also include landscaping for the building. Design fuel containment facilities including a Spill Prevention Control Plan (SPCC). Provide drawings for review at 60% and 90% complete and conduct a meeting with City staff at each of these stages to review submittals. Incorporate these drawings and specifications into that portion of the existing plans and specifications of the plant and/or site yet to be bid. Complete necessary forms to obtain an air quality discharge permit for the generator(s). Design Phase 3.1 3.2 3.3 - Peninsula Site Standby Power Evaluate emergency load size at the Peninsula site to determine required size of the emergency power generation system needed. Loads to be considered are the two collector wells. The Silurian wells will not be included. Evaluate the feasibility of a portable versus a stationary generator installation. Items 2.1 through 2.9 above shall also be part of the scope under this subheading as they apply to the Peninsula site. Assumptions The Scope of Services and Engineering Fees stated herein are based on the following assumptions: 5.1 Bidding phase and construction phase services are not included within this Scope of Services. 5.2 The plant site Evaluation and Design Phase services include a maximum of five (5) Client/Engineer project meetings. 5.3 The location of the generator installations for the plant and peninsula sites will be within 20 feet of any presently designed main or access road on the sites. Schedule The plans will be revised to reflect the addition of the standby power generation system within 120 days after notice to proceed is given. The plans for the proposed improvements will be incorporated into the plans for the new water plant. Engineering Fees The proposed engineering fee for the above scope of service is $77,500. The above amendment is for the purpose of designing power generation facilities at the water plant site to provide standby power for the new water plant as well as certain raw water sources on the plant site and the design of standby emergency power for the raw water sources on the Peninsula. All other terms and conditions of the original contract remain in force and effect, except as amended hereto by these additions. CITY OF IOWA CITY ayor Attest by: FOR THE CONSULTANT HOWARD R. GREEN COMPANY R. Dan Lovett, P.E., Vice President Date October 6, 1998 Date City Attorney's Office Date Prepared by: Ron O'Neil, Airport Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5045 RESOLUTION NO. 98-322 RESOLUTION ADOPTING THE 1996 MASTER PLAN FOR THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, it is the intent of the Iowa City City Council to provide a safe environment for the aviation and public users of the Iowa City Municipal Airport; and, WHEREAS, the 1996 Airport Master Plan provides an outline for safely meeting the aviation needs of the City of Iowa City and surrounding areas for the next twenty (20) years; and, WHEREAS, implementation of the Master Plan has been initiated and the City Council and Airpod Commission have undertaken and/or considered several Master Plan projects, including development of the North Commercial Airport area, land acquisition and relocation for runway protection zones, relocating the Public Works Department, and the Airport Terminal renovation; and, WHEREAS, it is in the best interest of the City of Iowa City and the Airport to coordinate the South Central District Plan with the Airport Master Plan by fostering cooperation and support between the City Council and the Airport Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that it is in the public interest to adopt the 1996 Airport Master Plan for the Iowa City Municipal Airport. Passed and approved this 6th day of October ,1998. ATTEST:Ci~LEx'Lt~RK :~' "'~e-~,.-,.-,, City Attorney's Office It was moved by Thornberry and upon roll call there were: and seconded by O'Donnell the Resolution be adopted, AYES: X X X X X X NAYS: X ABSENT: __ Champion __ Kubby Lehman Norton O'Donnell __ Thornberry Vanderhoef airport~es~nasterpl.doc Prepared by: Dennis Mitchell, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-323 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY ADJ.~CENT TO RUNWAY PROTECTION ZONES AS PART OF THE IMPLEMENTATION OF THE IOWA CITY AIRPORT MASTER PLAN. WHEREAS, in August of 1996 the Federal Aviation Administration ("FAA") approved the Master Plan for the Iowa City Airport; and WHEREAS, the top priority for the basis of improvements at the Airport under the Master Plan is safety; and WHEREAS, for safety reasons if would be in the public interest to acquire properties containing residential uses which are near an airport runway and immediately adjacent to a runway protection zone; and WHEREAS, such acquisition would be in harmony with the Airport Master Plan; and WHEREAS, ninety percent (90%) of the cost of said acquisition is eligible for reimbursement through the FAA Airport Improvement Program and applications for funding of this project are on file with the FAA; and WHEREAS, the City staff should be authorized to acquire said property at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to acquire property which contains residential uses immediately adjacent to a runway protection zone and near an airport runway, including Iowa City Mobile Home Park, and said acquisition constitutes a valid public purpose. The Airport Manager or his designee and the Airport Commission's consultant ACSG, Inc. are hereby authorized and directed to negotiate the purchase of such property. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute agreements in lieu of condemnation for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event the property cannot be acquired by negotiation, the City Attorney, or its designee, is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such land. Resolution No. 98-323 Page 2 Passed and approved this 6th day of ~r. tnh~r , 1998. ~'~~ ,0.~.,, City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be djm/airport/sch-res .doc Prepared by: Dennis Mitchell, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RB AUTHORIZING THE ACQUISITION OF PROPERTY ADJACENT TO PROTECTION ZONES AS PART OF THE IMPLEMENTATION OF THE CITY AIRPORT MASTER PLAN. WHEREAS, in st of 1996 the Federal Aviation Admijstration ("FAA") approved the Master Plan for the City Airport; and WHEREAS, the top Plan is safety; and ity for the basis of improvemen' at the Airport under the Master WHEREAS, for safety containing residential uses runway protection zone; and >ns if would be in the ublic ich are near an air interest to acquire properties and immediately adjacent to a WHEREAS, such acquisition WOL be in harmon the Airport Master Plan; and WHEREAS, ninety percent (90%) o through the FAA Airport Im are on file with the FAA; and said acquisition is eligible for reimbursement and applications for funding of this project WHEREAS, the City staff should be au price and cost to the City. 'ized to acquire said property at the best overall NOW, THEREFORE, BE IT RESOLVE BY IOWA, THAT: TY COUNCIL OF THE CITY OF IOWA CITY, It is in the public inte~ to acquire ~erty which contains residential uses immediately adjacent tc runway and near an airport runway, and said acquisition constit~ a valid public The Airport Manager or his designee and the Air Commission's consultant ACSG, Inc. are hereby aut rized and directed to negotiate purchase of such property. In the event nego ~ation is successful, the Mayor and Cit Clerk are hereby authorized to execute agre ents in lieu of condemnation for recordat n in the Johnson County Recorder"s Offi e at the City's expense. The City Attorney i hereby directed to take all necessary tion to complete said transactions, as required law. In the even rty cannot be acquired by negotiation the Ci Attorney or its designee, is hereby authorized and directed to initiat oceedir;gs for the acquisition of such land. Resolution No. Page 2 Passed and approved this day of 1998. ,/ / / ATTEST: CITY CLERK MAYOR ,~d by City Attorney's Office It was moved by adopted, and upon roll call there zere: AYES: NAY', djm/airport/sch res.doc and sec, by ;ENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-324 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, Charles Banken filed a lawsuit against the City of Iowa City for injuries and damages he sustained on November 27, 1996, when he tripped and fell on a City sidewalk; and WHEREAS, all pa~ies in this matter have settled their differences, and wish to resolve the pending litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Charles Banken in the amount of $51,000 in full satisfaction of any and all claims he may have against the City in the above matter, and in consideration of Charles Banken's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above named litigation should be and is hereby settled, and said settlement previously discussed in executive session, it is hereby ratified, for the total sum of $51,000, payable to Charles Banken and his attorney of record, in full satisfaction of any and all claims. City Council for the City of Iowa City hereby approves such settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon Charles Banken's execution of an appropriate release. Passed and approved this 6th ATTEST:CiI~C_L%-~RK ~. day of October ,1998. '~.~ ,~,.,. city Attorney,s office rnaryrn~itigation/banken/resol .doc Resolution No. 98-324 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef