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Home My WebLink About2005-07-19 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-228 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/her 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,: Etc. - 118 S. Dubuque Street Passed and approved this lqrh dayof .Tu'ly ,20 05 CITY'CLERK ' ' - It was moved by O'Donnell and seconded by Elliott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-229 RESOLUTION TO ISSUE ClGARE'I-rE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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: Gasby's West.-2 Escort Lane Que Bar - 211 Iowa Avenue Passed and approved this ]gtb_ day of July ,20 o.5 Approved by CITY CEERK - fC'it,j Attorr~y's O~ce' It was moved by 0' Donnell and seconded by Elliott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef X Wilburn Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-230 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2537 WHISPERING PRAIRIE AVENUE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR AUGUST 2, 2005. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 2537 Whispering Prairie Avenue, Iowa City; and WHEREAS, a public housing program tenant has offered to purchase the home at 2537 Whispering Prairie Avenue for the principal sum of $110,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 2537 Whispering Prairie Avenue, Iowa City, Iowa, also known as Lot 36, Whispering Meadows Subdivision, Part One, to a public housing program.tenant for the sum of $110,000. 2. A public hearing on said proposal should be and is hereby set for August 2, 2005, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 19th day of July 2005. CITY ~I_ERK City Attorney's Office Resolution No. 05-230 Page 2 It was moved by O'Donnell and seconded by Elliott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion x Elliott x Lehman x O'Donnell X Vanderhoef × Wilburn Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-231 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on September 16, 2002, the owner of 2409 Aster Avenue executed a Second Mortgage in the amount of $8,100 to secure a loan from the City for said amount as part of the Tenant-to-Ownership Program; and WHEREAS, the loan was fully paid on July 8, 2005; WHEREAS, the owner also executed a Resale Agreement on September 16, 2002; WHEREAS, the owner has met the obligations contained in the Resale Agreement; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 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 2409 Aster Avenue, Iowa City, Iowa from the Mortgage recorded on September 19, 2002, at Book 3382, Page 191, at the Johnson County Recorder's Office, and from the Resale Agreement for Property Located at 2409 Aster Avenue, dated September 16, 2002. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the City. Passed and approved this ].gth day of July ,2005. MAYOR Approved by CIT"~:;LC:~N City Attorneyls Office Resolution No. 05-23t Page 2, It was moved by o' Donnell and seconded by Elliott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RELEASE OF LIEN The City of Iowa City does hereby release the property at 2409 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 2, Whispering Meadows Subdivision Part One, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, page 277, Plat Records of Johnson County, Iowa, from an obligation of the property owners, Mary E. O'Donnell and Daniel P. O'Donnell, to the City of Iowa City in the principal amount of $8,100 represented by a Second Mortgage recorded on September 19, 2002, at Book 3382, Page 191, at the Johnson County Recorder's Office. The City of Iowa City does hereby further release said property from an additional obligation of the property owners, Mary E. O'Donnell and Daniel P. O'Dounell, to the City of Iowa City contained in the Resale Agreement for Property Located at 2409 Aster Avenue. 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. ~OF IOWA CITY,~WA/~ By~ Emest W. Lehman, Mayor M-arian K. Karr, City Clerk Approve~d by City Attorney's Office STATE OF IOWA ) )SS: JOHNSON COUNTY) Onthis fO dayof --A-o,c~ ,2005, beforeme, the undersigned, a Notary Public in and for said / County and State, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Kart acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. [o~'~ [ $ONDRAE FORT b°'~l~'~lC°mm,ssm Number, S,?m I ['.,~c'l My Commission Expires k ~o--*~-/ ~- 7~ o~ / Notary Public in and for the State of Iowa Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-232 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on July 8, 2005, the owner of 2409 Aster Avenue executed a Second Mortgage in the amount of $20,500 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the owner has signed a Resale and Occupancy Agreement that sets out the requirements she must meet if she sells the home within fifteen (15) years; and WHEREAS, it is the City of Iowa City's interest to execute said Resale and Occupancy Agreement. 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 to the attached Resale and Occupancy Agreement. Passed and approved this l~th day of july ,2005. Approved by CITY'CLERK City Attorney's Office It was moved by O'Donne:ll and seconded by Elliott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion X Elliott × Lehman x O'Donnell x Vanderhoef X Wilburn RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 2409 ASTER AVENUE This Agreement is made between Amber L. Port (hereinafter "Buyer") and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyer executed a Residential Real Estate Purchase Agreement wherein she offered to purchase from Mary E. O'Donnell, a single person, and Daniel P. O'Donnell, a single person, the following-described real property located in Johnson County, Iowa: Lot 2, Whispering Meadows Subdivision Part One, an addition to the City of Iowa City, Iowa, accoridng to the plat thereof recorded in Book 31, page 277, Plat Records of Jotmson County, Iowa, with a street address of 2409 Aster Avenue, Iowa City, Iowa, (hereinafter "the property"); and WHEREAS, the City had previously sold the property to Mary E. O'Donnell and Daniel P. O'Donnell through the Affordable Dream Home Program ("ADHOP"); and WHEREAS, as a condition of said sale, Mary E. O'Donnell and Daniel P. O'Donnell and the City entered into a Resale Agreement whereby Mary E. O'Donnell and Daniel P. O'Donnell agreed that the property would be sold to an income-eligible household if it was sold within 15 years, and it is in the public interest to insure that the property remains affordable to families at or below 80% median income; and WHEREAS, the City will provide Buyer with a $20,500 loan which will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyer qualifies as an income-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a period of not less than 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Buyer hereby agrees and covenants that the property shall be owner-occupied by Buyer for a period of not less than 15 years from the date of purchase, or until such time as the property is resold. If the property is resold, Buyer hereby agrees and covenants that she shall comply with the remaining provisions of this agreement. 2. If Buyer pays off the second mortgage to the City in full prior to July 8, 2020, the property shall remain owner-occupied by Buyer unless the property is resold consistent with the provisions of this Agreement. 3. Prior to July 8, 2020, Buyer shall not lease any interest in the property. 4. The City's second mortgage in the amount of $20,500 shall become due upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall be paid out of the sale proceeds. Buyer agrees to pay City the full amount of said second mortgage regardless of when resale occurs. 5. In the event Buyer wishes to resell the property prior to July 8, 2020, the property must be sold to an income-eligible ,household at fair market value. The City will determine whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. The City will also determine whether the sale price is fair market value, and the City must approve the price before Buyer accepts a purchase offer. 6. Should Buyer desire to resell the property prior to July 8, 2020, she must immediately notify the City of her intent to sell and must actively market the property. 7. If Buyer is unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyer with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. 8. If resale of the property occurs prior to July 8, 2020, Buyer and City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by Buyer as a result of the sale depends on the number of years the Buyer occupies the property prior to resale according to the schedule attached hereto as "Exhibit 9. If resale of the property occurs prior to July 8, 2020, Buyer agrees to pay the City a $300.00 administrative fee to reflect the City staff time incurred to facilitate the resale. Buyer further agrees that the $300.00 fee will be paid at the time of closing on said resale. 10. If Buyer is no longer able to continue making mortgage payments to the primary bank/mortgage holder or fail to make mortgage payments for any reason, Buyer must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If the Buyer ceases making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, Buyer will grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. 11. This Agreement shall be an "obligation" of Buyer under Paragraph 2 of the second mortgage. Violation of this Agreement by Buyer shall be an "event of default" under Paragraph 15 of the second mortgage. Signed this ~ qt-h day of ~luly ,2005. BUYER CITY OF IOWA CITY, IOWA ~mber L. Port Ernest W. Lehman, Mayor TVlarian K. Karr, City Clerk EXHIBIT A PERCENTAGE OF APPRECIATED YEAR SOLD VALUE EARNED BY BUYER 1 5 2 10 3 15 4 20 5 30 6 40 7 50 8 60 9 70 10 80 11 80 12 80 13 80 14 80 15 100 Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-233 AMENDING RESOLUTION 03-229 APPROVING A FINAL PLAT OF HIGHLAND WOODS, A 6.92 ACRE 10-LOT RESIDENTIAL SUBDIVISION LOCATED WEST OF CUMBERLAND LANE BY AMENDING THE NAME OF THE PROPERTY OWNER AND THE LEGAL DESCRIPTION OF THE PROPERTY WHEREAS, the owner, Smith-Moreland Properties, filed with the City Clerk of the City of Iowa City, Iowa an application for approval of the final plat of Highland Woods, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following desCribed real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the North Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°26'13", along the East Line of the West One Half, of said Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, 337.00 feet, to the Point of Beginning; Thence continuing S00°26'13"E, along said East Line, 370.38 feet; Thence N89°51'33"W, 1216.99 feet; Thence N35°54'34"E, 12.80 feet; Thence N55°58'00"E, 408.32 feet; Thence N85°20'51"E, 297.52 feet; Thence N78°25'50"E, 326.95 feet; Thence N81°13'56"E, 254.41 feet, to the Point of Beginning, Said Tract of land contains 6.91 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Words 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, said final plat and subdivision were previously found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements, and was approved by Resolution NO. 03-229 passed July 15, 2003, which resolution contained typographical errors incorrectly naming the applicant and describing the property; and WHEREAS, the applicant and property description are properly identified herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Approval of said final plat and subdivision located on the above described real estate being the same is hereby ratified and confirmed. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law. 3. The Mayor and the 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 certify a copy of this resolution and record it at the office of the County Recorder of Johnson County, Iowa at the expense of the City. Resolution No. 05-233 Page 2 Passed and approved this 19th day of July ,20 05 CITY ~I_ERK Cit~ ,~,tt~rn~y's~ffic'~ It was moved by 0'])onnell and seconded by ~Z~ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey x Champion × Elliott x Lehman × O'Donnell × Vanderhoef × Wilburn mitclVBfnig hlandwood s/a men dedlinalplat-res.d'oc Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 05-234 RESOLUTION ESTABLISHING THE NAME OF THE LOCAL STREET LOCATED BETWEEN MORMON TREK BOULEVARD AND DANE ROAD ADJACENT TO J JR DAVIS ADDITION PART 2, IOWA CITY, IOWA, AND J JR DAVIS ADDITION PART 3, IOWA CITY, IOWA WHEREAS, on April 25, 2005, the City Council via Resolution Nos. 05-149 and 05-150 approved the final plats of J JR Davis Second Addition and J JR Davis Third Addition; and WHEREAS, said final plats lie adjacent to both sides of an east-west City local street connecting Mormon Trek Boulevard and Dane Road, which street has been designated as "Eagle View Drive" on each plat; and WEREAS, the City Council finds "Eagle View Drive" to be an appropriate name for said street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The east-west local street connecting Mormon Trek Boulevard and Dane Road, which lies adjacent to J JR Davis Second Addition and J JR Davis Third Addition shall be named "Eagle View Drive. 2. The City Clerk is directed to certify a copy of this Resolution and to file it with the Johnson County Recorder, the Johnson County Auditor and the City Assessor. Passed and approved this ! c)th day of ,h~l Approved by ATTEST:ciTY~C__LERK ~' ~'~ C~ '7 It was moved by O'Donnell and seconded by ~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 05-235 RESOLUTION ACCEPTING THE WORK FOR THE 2004 SANITARY SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2004 Sanitary Sewer Repair Project, as included in a contract between the City of Iowa City and Municipal Pipe Tool Company, Inc. of Hudson, Iowa, dated October 5, 2004, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $105,455.00. 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 19th day of July ,20 05 Approved by ATTEST: CITY-CLERK dity'~tt~y' s ~ffice It was moved by O'Donnell and seconded by Elliott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliot[ Lehman O'Donnell Vanderhoef Wilburn pweng\res~acp~wrk-sanswr repair.doc Prepared by: Uz Osbome, CD Division, 410 E. Washington St., 10wa City, IA 52240 ($19)356-5246 RESOLUTION NO. 05-236 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 838 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, on July 14, 2000, the owner executed a Mortgage with the City of Iowa; and WHEREAS, the loan has been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 838 Rundell Street, Iowa City, Iowa from a Mortgage, recorded July 27, 2000, Book 2991, Page 52 through Page 58 of the Johnson County Recorder's Office. Passed and approved this 19th day of July ,20 05 CITY'CLERK - City Attorney's Office It was moved by o'Donnel] and seconded by g]11ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion × Elliott x Lehman ~ O'Donnell × Vanderhoef × Wilburn Prepared by and return to: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 838 Rundell Street, Iowa City, Iowa, and legally described as follows: Lot 8, Block 8, Rundell, an Addition to Iowa City, Iowa, according to the.plat thereof recorded in Book 1, Page 130, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. from an obligation of the owner, Mary L. Shettler, to the City of Iowa City represented by a Mortgage, recorded July 27, 2000, Book 2991, Page 52 through Page 58 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released frOm any liens or clo?~ds upon title to the above property by reason of said prior recorde~jocument. .,~ /r,/ Approved by CI~LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / ~ day of ~ ~-~ , A.D. 20 o~,~ , before me, the undersigned, a Notary Public in and for said County, in said Stat~, personally appeared Ernest W. Lehman and Marian K. Kart, 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. oS-~2.FJ~, adopted by the City Council on the day ! ~ ~' ~T~ ,.¥ ,20~, and that the said Ernest W. Lehman and Marian K. Kart as such officers acknowledged the e~ecution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,.~u~z,~ I SONDRAE FORT ~o'~ Commission Number 159791 'l' MyCemm~se~o~ Expires ~ 3- ~_ o (~ I Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-237 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 813 RONALDS STREET, IOWA CITY, IOWA. WHEREAS, on July 19, 2000, the owner executed a Mortgage with the City of Iowa; and WHEREAS, the loan has been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 813 Ronalds Street, Iowa City, Iowa from a Mortgage, recorded July 27, 2000, Book 2991, Page 59 through Page 65 of the Johnson County Recorder's Office. Passed and approved this 19th day of .h¢ly ,20 05 · Ap pr~v~.,d by City Attorney's Office It was moved by O'Donnell and seconded by Elliott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion × Elliott x Lehman × O'Donnell × Vanderhoef × Wilburn Prepared by and retum to: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Des~ption of Property: see below Mortgagor(s): Wilma D. Kinney Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 813 Ronalds Street, Iowa City, Iowa, and legally described as follows: The E ¼ of Lot 3 in Block 10, in Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, Wilma D. Kinney, to the City of Iowa City represented by a Mortgage, recorded July 27, 2000, Book 2991, Page 59 through Page 65 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Appr~ CITY ~Tr_ERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ day of ~"~ L ~, , A.D. 20 ~ .~ , before me, the undersigned, a Notary Public in and for said County, in said Stat~, 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. c~ -~._?.~?, adopted by the City Council on the day cF~-~-'[ LI/ ,20 o ,~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged tt'~ execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~o~"~,~ ,~ SONDRAE FORT '11~ Commission Number 159791 · ,,~,~' My Commission Expires I ~ow~, I ;~ - '~ - ~/~ Notary Public in and for Johnson County, Iowa Prepared by Stephen Atkins, City Manager, 410 E. Washington St., Iowa City, IA 52240, 356-5010 Resolution No. 05-238 RESOLUTION APPROVING SENIOR-FRIENDLY IOWA CITY WHEREAS, the Iowa City City Council appreciates the many persons, organizations, institutions, and service providers that help make Iowa City a friendly place for seniors, and WHEREAS, the recent work of the Johnson County Consortium on Successful Aging has supported earlier research that shows Iowa City to be a wonderful place for seniors to live, and WHEREAS, the Johnson County Board of Supervisors has called upon cities, public and private organizations in the county to join together in making Johnson County an even friendlier place for seniors to live, and WHEREAS, we, the Iowa City City Council, affirm our desire to work with others to make Iowa City an even friendlier place for seniors, recognizing it will benefit persons of all ages and all segments of the city, and NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council will endeavor to make Iowa City a friendly place for our seniors, and encourage participation by all generations in the effort to create a senior friendly community. July , ~ Passed and approved this ~qth day of 2005. CITY-CLERK City Attorney's Office It was moved by o'no**¢~ and seconded by [~lliott the Resolution be adopted, and upon roll call there were: AYES: NAYES: ABSENT: × Bailey × Champion × Elliott × Lehman X O'Donnell x Vanderhoef × Wilburn Mgr~res\srfriendly.doc Prepared by: Mitchel T. Behr, Asst. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 05-239 A RESOLUTION VACATING AND AUTHORIZING CONVEYANCE OF THE PUBLIC ALLEYS WITHIN THE PENINSULA NEIGHBORHOOD SECOND ADDITION, IOWA CITY, IOWA 'WHEREAS, the Applicant, Peninsula Development LLC, has requested that the City vacate and convey to it the public alleys within the Peninsula Neighborhood Second Addition, Iowa City, Iowa, to be used as private alleys and enable the placement of private utilities therein; and WHEREAS, a public utility easement and a public access easement will be retained over the alleys to' ensure that they continue to function as an effective component of the neighborhood transportation system; and WEREAS the Applicant shall assume responsibility for the construction of the alleys to City standards and the subsequent maintenance thereof, which maintenance responsibility may be assigned to a homeowner's association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Subject to the retention of a public utility easement, a public access and emergency vehicle easement, and the applicant's commitment to construct and maintain the right-of-way according to City standards, the City of Iowa City hereby vacates the previously dedicated public alleys within the Peninsula Neighborhood Second Addition, Iowa City, Iowa. 2. Upon Applicant's execution of the necessary public utility easement, public access and emergency vehicle easement, and commitment to maintain the right-of-way, each in a form approved by the City Attorney's Office, the Mayor and Clerk are hereby authorized to execute all documents necessary to convey the above-referenced alleys to the Applicant, Peninsula Development, LLC. Pa'ssed and approved this 19th day of ,.Tuly ,20 05 . Approved by CITY"~D'~I_ERK City ,g,t~o~ney'--s Office ' Resolution No. 05-2~9 Page 2 It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum Date: May 26, 2005 '/ / TO: Planning & Zoning Commi~%' ~,~L/ From: Karin Franklin, Director, P~CDj ~ ~ Re: VAC05-00004 Peninsula Phase II-alleys To facilitate installation of utilities, the Peninsula Development L.L.C. has requested the vacation of the alleys platted in Phase II such that these alleys will become private alleys rather than public alleys. We recommend approval of this request. In the platting of Phase II, 3 foot utility easements were provided at the rear of lots abutting alleys to enable the installation of gas and electric utilities. Presumably space within the alley abutting this 3 feet was expected to be provided for the actual installation of the utilities. We have been informed by representatives of MidAmerican Energy Co. that the company policy at this time is to avoid placement of utilities in public rights-of-way since any future relocations of those utilities would be at the cost of the utility company, according tO City policy. So the resolution of this is to transfer ownership of the alleys from the City to the developer and retain easements over the alleys for public access, emergency services, and garbage pick-up and establish a hold-harmless provision in the easement such that the public does not incur costs for pavement repair caused by the provision of the public services. As public alleys, the rights-of-way were open for all of the uses and services noted above; snow removal was the responsibility of the abutting owners; and the City (public) was responsible for the pavement for its life (approximately 20 years). As private alleys, the uses and services will remain the same; snow removal responsibilities will remain the same; the public will have no pavement maintenance responsibilities; and an easement will be granted by the developer to MidAmerican for space in the alley abutting the 3 foot easement for installation of utilities. Cc Barry Kemper, Peninsula Development L.L.C. Aaron Cooper, MidAmerican Energy Ron Knoche Brian Boelk THE PENINSULA NEIGHBORHOOD SECOND ADDITION FINAL PLAT ~i~'~ Prepared by: John Yapp, Associate Planner. 410 E. Washington St., iowa City, IA 52240; 319-356-5247 (SUB05-00003) RESOLUTION NO. 05-240 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MWD DAVIS ADDITION, IOWA CITY, IOWA WHEREAS, the owner, James R. Davis, Robed A. Davis, and Jan Ellen Smith, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of MWD Davis Addition; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of MWD Davis Addition, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 19th day of ~____~ ~,/. ~ ..~x.20 _~.- AR Approved by x. CITY C-'[.ERK ~,i{y~ At[orne~s Office It was moved by Vanderhoef and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion x Elliott × Lehman x O'Donnell X Vanderhoef ~ Wilburn ppdadmim/res/MWD Davis-prelim.doc Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB05-00009) RESOLUTION NO.. RESOLUTION APPROVING FINAL PLAT OF MWD DAVIS ADDITION, A PORTION OF WHICH INCLUDES A RESUBDIVlSION OF LOTS 13-17 OF R.H. DAVIS SUBDIVISION, AND A PORTION OF OLDE OAK LANE IN R.H. DAVIS SUBDIVISION, IOWA CITY, IOWA WHEREAS, the owner, James R. Davis, Robert A. Davis, and Jan Ellen Smith, filed with the City Clerk the final plat of MWD Davis Addition, 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: Commencing at the Center of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa City, Iowa; Thence S89°55'12"W, along the North line of the Southwest Quarter of said Section 20, a distance of 1073.25 feet, to the Southeast corner of Lot 11 of R.H. Davis Subdivision, in accordance with the Plat thereof recorded in Book 7, at Page 1, of the records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence N01°01'58"E, along the Easterly lines of Lot 8, Lot 9, Lot 10 and Lot 11 of said R.H. Davis Subdivision, 396.57 feet, to the Southwest corner of Lot 12, of said R.H. Davis Subdivision; Thence S66°18'17"E, along the Southerly line of said Lot 12, a distance of 75.75 feet, to the Southeast corner thereof; Thence N23°47'56"E, along the Easterly line of said Lot 12, a distance of 199.77 feet, to the SouthWest corner of Lot 18 of said R.H. Davis Subdivision; Thence S66°14'16"E, along the Southerly line of said Lot 18, a distance of 224.57 feet, to the Southeast corner thereof; Thence N23°42'17"E, along the Easterly line of said Lot 18, a distance of 129.56 feet; Thence Northwesterly, 116.96 feet, along said Easterly line, and an arc of a 54.67 foot radius curve, concave Southwesterly, whose 95.90 foot chord bears N37°35'03"W; Thence N08°35'29"W, 60.00 feet, to a point on the Northerly Right-of-Way line of Olde Oak Lane; Thence S81°07'37"W, along said Northerly Right-of-Way line, 291.64 feet, to the Southeast corner of Lot 6 of said R.H. Davis Subdivision; Thence N01°05'35"E, along the Easterly line of said R.H. Davis Subdivision, 450.59 feet, to the Southwest corner of Auditor's Parcel No. 2005016, in accordance with the Plat thereof recorded in Book 48, at Page 309, of the records of the Johnson County Recorder's Office; Thence S88°58'43'E along the Southerly line of said Auditor's Parcel No. 2005016, a distance of 143.89 feet, to the Southeast corner thereof, and a point on the Southwesterly Right-of-Way line of Highway No. 218; Thence S31°25'02"E, along said Southwesterly Right-of-Way line, 1304.33 feet; Thence S05°01'05"E, along said Southwesterly Right-of-Way line, 260.12 feet; Thence S18°17'39"E, along said Southwesterly Right-of-Way line, 497.24 feet, to a point on the East line of the Southwest Quarter of said Section 20; Thence S00%%d13'40"W, along said East line, 5.60 feet, to its intersection with the Northerly Right-of-Way line of Highway No. 1; Thence S41°25'36"W, along said Northerly Right-of-Way line, 349.83 feet; Thence S65°53'59"W, along said Northerly Right-of-Way line, 160.25 feet; Thence S23°39'28"W, along said Northerly Right-of-Way line, 215.98 feet; Thence S53°53'27"W, along said Northerly Right-of-Way line, 413.23 feet; Thence S41°15'16"W, along said Northerly Right-of-Way line, 345.72 feet; Thence S62°03'39"W, along said Northerly Right-of-Way line 345.84 feet, to a point on the West line of the East One-Half of the Southwest Quarter of said Section 20; Thence N00°16'15"E, along said West line, 1602.95 feet; Thence N89°43'05"E, 250.13 feet; Thence N00°39'57"E, 321.57 feet, to said POINT OF BEGINNING. Said Tract of land contains 50.05 acres, 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 Resolution No. Page 2 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 (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided 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. 3. 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 ownedsubdivider. Passed and approved this day of ., 20 MAYOR Approved by CITY CLERK It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn ppdadm/res/MWO Davis-cityplat.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: SUB05-00009/VAC05-00005 Date: July 6, 2005 MWD Davis Addition GENERAL INFORMATION: Applicant: James Davis, Robert Davis, and Jan Smith 4097 Kitty Lee Road Iowa City, IA 52240 Contact Person: MMS Consultants 1917 S Gilbert Street Iowa City, IA 52240 Phone: 319-351-8282 Requested Action: Final Plat approval Purpose: To create a 14-1ot commercial development Location: North of Highway 1, west of Highway 218, east of Kitty Lee Road Size: 50.05 acres Existing Land Use and Zoning: Undeveloped: CC-2, Community Commercial (approx. 16.05 acres), C1-1, Intensive Commercial (approx. 20.22 acres), CO-1, Office Commercial (approx. 10.92 acres) and RR-1, Rural Residential (approx. 2.83 acres), Surrounding Land Use and Zoning: North: Residential and vacant; County A1 and RS; South: Highway 1 East: Highway218 West: Residential and Agricultural; County RS Comprehensive Plan: General and Office Commercial File Date: June 7, 2005 45 Day Limitation Period: July 22, 2005 60 Day Limitation Period: August 6, 2005 BACKGROUND INFORMATION: MWD Davis Addition is a 14-1ot commercial subdivision located north of Highway 1, west of Highway 218 and east of Kitty Lee Road. The annexation of this property was recently approved by the State of Iowa. The final plat includes a 'Final Sensitive Areas Development Plan' that depicts the sensitive environmental features and buffers on the property. ANALYSIS: Conformance with Preliminary Plat: The final plat is in conformance with the preliminary plat. The subdivision consists of 14 commercial lots. Lots 1-2, 4-5, & 10-14 are to be zoned Community Commercial, CC-2; Lot 3 is to be zoned Intensive Commercial, C1-1; Lots 6-8 & Outlot A, which border residential property at the north end of the proposed development, are to be zoned Office Commercial, CO-1. The plat includes a resubdivision of Lots 13-17 of RH Davis Subdivision, which are residential lots that have never been built upon. The reference to resubdividing these lots on the plat is necessary for tracking purposes when title opinions are being generated for the property. Access Issues: A majority of the lots will be accessed from Naples Avenue, a proposed collector street into the development. Access will be controlled on the southern 1/3 of Naples Avenue in order to preserve queuing storage space for traffic- the approved access points for Lots 3, 13 & 14 are identified on the plat. The Naples Avenue / Highway 1 intersection is proposed to be improved with a traffic signal and additional turn lanes according to a traffic study approved during the rezoning process for the property. The Iowa Department of Transportation will need to review and approve modifications to this intersection. Lots 1 & 2 are proposed to be accessed from Kitty Lee Road. A Conditional Zoning Agreement and the legal papers for the subdivision specify that prior to access being permitted to Kitty Lee Road, Kitty Lee Road will need to be constructed to collector street standards, and a traffic study must be completed to determine appropriate turn lanes at the Kitty Lee Road / Highway 1 intersection. The legal papers and a note on the plat specify that no lots may have direct access to Highway 1. Sensitive Areas Ordinance: The final plat includes a Final Sensitive Areas Development Plan that depicts the wetlands and steep slopes on the property, and the required buffers. The wetland mitigation plan that was approved by the Corps of Engineers is being recorded and is referenced in the rezoning ordinance for the property. S:\PCD\Staff Reports\SUB05-00009 MWD Davis.doc The storm water management facility and wetland area is proposed to be owned and maintained by a landowners association. Fees: A water main extension fee of $395/acre is required. No sanitary sewer tap-on fee is required, though the developer is required to extend sewer to this property for it to be served, and construct a sanitary sewer lift station. No open space or open space fees are required because this is not a residential development. Conformance with Conditional Zoning Agreement: As part of the rezoning of the property, the applicant agreed to a Conditional Zoning Agreement that specified requirements related to infrastructure improvements, the assigning of costs for public infrastructure, landscaping, proposed fencing parallel to Kitty Lee Road, access control, and provision of sanitary sewer. The terms of the Conditional Zoning Agreement have been incorporated into the legal papers associated with the final plat. Many of these requirements will be reviewed as development proposals are received for individual lots in the development. Vacation of Olde Oak Lane: Part of the land included in the MWD Davis Addition plat is already platted with residential lots, and a portion of unimproved Olde Oak Lane. The affected segment of Olde Oak Lane has never been improved, nor does it serve to provide access to any other properties. Lots 13-17 of RH Davis Subdivision will be 'resubdivided' as part of the approval of this plat, and the unimproved portion of Olde Oak Lane must be vacated as part of this final plat approval process. STAFF RECOMMENDATION: Staff recommends that VAC05-00005, a vacation of approximately 1.17 acres of unimproved Olde Oak Lane be approved. Staff recommends that SUB05-00009 a final plat of MWD Davis Addition, a 50.05 acre, 14- lot commercial subdivision located north of Highway 1 and west of Highway 218, be approved, subject to the affected portion of Olde Oak Lane being vacated, and construction plans and legal papers being approved prior to Council consideration. Approved by: R~bert Miklo, Senior Planner, Department of Planning and Community Development ATTACHMENTS: 1. Location map 2. Final plat 3. Olde Oak Lane vacation exhibit S:\PCD\Staff Reports\SUB05-00009 MWD Davis.doc 50.05 AC [FINAL PLAT & FINAL SENSITIVE AREAS DEVELOPMENT PLAIq' I MWD DAVIS ADDITION IOWA CITY, IOWA .~..~.,- LEGEND AND NOTES G: X5400~5479005~5479005F1 dw9 5/30/2005 3:08:10 PM CST [FINAL PLAT & FINAL SENSITIVE AREAS DEVELOPMENT PLAN [ MWD DAVISADDITION IOWA CITY, IOWA LEGEND AND NOTES ~ I ~ { J~[ { ~INAL SgNSI~ ~E~ DE~WPUENT P~N MMS CommT~, INC. ~/.~/o,~ ..... ~ .... PREPARED BY: MMS CONSULTANTS INC. - 1917 S. GILBERT STREET - IOWA _ _ 60.00' --~- .-~.~' LEGEND AND NOTES Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (VAC 05-00005) RESOLUTION NO. 05-241 RESOLUTION VACATING UNIMPROVED OLDE OAK LANE, EAST OF KITTY LEE ROAD WHEREAS, the MWD Davis Addition plat includes a portion of unimproved Olde Oak Lane roadway easement, platted as part of RH Davis Subdivision; and WHEREAS, this portion of Olde Oak Lane has never been improved or accepted by the public, nor does it provide access to other properties; and WHEREAS, this portion of Olde Oak Lane will be supplanted by the MWD Davis Addition Subdivision, and therefore needs to be vacated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Olde Oak Lane roadway easement, as legaliy described below, is hereby vacated: Beginning at the Southeast corner of Lot 13, of R.H. Davis Subdivision, Iowa City, Iowa, in accordance with the Plat thereof recorded in Book 7, at Page 1, of the records of the Johnson County Recorder's Office; Thence N23°42'17"E, 629.90 feet; Thence Nodhwesterly, 116.96 feet, along an arc of a 54.67 foot radius curve, concave Southwesterly, whose 95.90 foot chord bears N37°35'03"W; Thence N08°35'29"W, 60.00 feet; Thence S88°52'23"E, 111.81 feet, to a point on the Westerly line of Highway No. 218; Thence S31°25'02"E, along said Westerly line, 88.89 feet; Thence S23°42'17"W, 692.35 feet, to a point on the South line of the Southeast Quarter of the Northwest Quarter of said Section 20; Thence S89°55'12"W, along said South line, 65.57 feet, to said POINT OF BEGINNING, containing 1.17 acres, and subject to easements and restrictions of record. 2. The City Clerk is hereby authorized to attest to and record this vacation instrument, at the owner's expense. 3. Appropriate City staff are hereby authorized to amend the Zoning Map and other City records to reflect this roadway easement vacation. Passed and approved this 19th day of July ,20 05 · Approv~ed by CITY ~'LERK Ci{] At~o~ey's O'~"~e ppdadm/res/o~de oak,doc Resolution No. 05-241 Page ? It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion :¢ Elliott X Lehman x O'Donnell x Vanderhoef X Wilburn Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (SUB004-00017) RESOLUTION NO. 05-242 RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN PARTS XXlII AND XXlV, IOWA CITY, IOWA. WHEREAS, the owner, Third Street Partners, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Village Green Parts XXII and XXIV; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Village Green Parts XXIII and XXIV, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this ! 9 t:h day of ,~u:~z , 20~.~._. CITY'CLERK City Attomey'st Office It was moved by O'~onn~l] and seconded by ~ ~ 1 ,~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion × Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn ppdadmin~res\villagegrprelim-res.doc Prepared by Daniel Scott, Sr. Civil Engr., Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 05-243 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FY06 CELL CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, 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: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. 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. 3. 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. 4. 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 City Hall, until 10:30 a.m. on the 16th day of August, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. 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 Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 16th day of August, 2005, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this !.~th day of July ,20 05 Approved by CITY CLERK City Attorney's Office Resolution No. 05-243 Page 2 It was moved by w.,~,~-~,~.¢ and seconded by Elliott: the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey ~ Champion × Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn pweng/res/06cellconstruct.doc Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St, Iowa City, iA 52240 319-356-5144 RESOLUTION NO. 05-244 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE HIGHWAY 6 IMPROVEMENT PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Highway 6 Improvement Project ("Project") which includes widening Highway 6 from Lakeside Drive to just beyond 420th Street; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City Engineer has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the Highway 6 Improvement Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Highway 6 Improvement Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. ~ Page 2 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this ] C~th day of July ,20 05 Approved by ClTY"b~ERK Oft~,~ttomey's ~ffice -- It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng/res/hwy61akeside2.doc NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE HIGHWAY 6 IMPROVEMENTS PROJECT TO: Russell A. Gerdin 2777 Heartland Drive Coralville, IA 52241 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the Highway 6 Improvements Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves widening Highway 6 and installing mm lanes from Lakeside Drive to just beyond 420th Street. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property fights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the 2 site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 19th day of July, 2005 in the Emma J. Harvat Hall, City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Highway 6 Improvements Project please contact the following person: Daniel Scott City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356-5144 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. Marian K. Karr City Clerk 7 Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5000 RESOLUTION NO. 05-245 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSPORTATION PLANNING DIVISION OF THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT BY THE ADDITION OF ONE HALF-TIME ASSOCIATE PLANNER POSITION. WHEREAS, Resolution No. 05-109 adopted by the City Council on March 1, 2005, authorized permanent positions in the Transportation Planning Division of the Planning and Community Development Department for FY06; and WHEREAS, the overall workload for JCCOG staff has increased significantly due to the overall growth in the community and there are substantially more emergency projects occurring each year; and WHEREAS, due to the reorganization of the City of Iowa City's Traffic Engineering Planning staff under JCCOG the public contact which must be handled on a daily basis has increased significantly; and WHEREAS, the Executive Director cannot adequately perform management and administrative tasks when he is taking calls more appropriately handled by an Associate Planner; and WHEREAS, land use planning issues and transportation planning issues are interfacing regularly and should be handled by an Associate Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Transportation Planning Division of the Planning and Community Development Department be amended by the addition of one half-time Associate Planner position, AFSCME, Pay Grade 15. Passed and approved this ] qrh day of .~.ly ,20 05 · Approved by CITY CLERK City Attorney's Office It was moved by Cb~m?~on and seconded by O'ponne]_]_ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion × Elliott × Lehman × O'Donnell x Vanderhoef × Wilbum jccogad~v'res/ptanner.d oc Prepared by: Anissa Williams, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 05-246 RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS IN THE 300 BLOCK OF 4TM AVENUE WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of the 300 block of 4th Avenue, have gone through the process of considering a traffic calming project according to the City Council's approved procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and an 80% majority of the neighborhood has indicated they are in favor of speed humps; and WHEREAS, the City Council finds said proposal to be in the public interest and consistent with its traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposal for the installation of speed humps in the 300 block of 4th Avenue is hereby approved. 2. City staff is directed to proceed with the installation of speed humps in the 300 block of 4th Avenue. Passed and approved this 19th day of July ,20 05 . Approved by .~ ATTEST:'~"~.~¢~.~ .~. ~,2~_.~ /F/~~..~ CITY ~LERK City Attorney's Office It was moved by Bailey and seconded by V~nd~-hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion × Elliott × Lehman O'Donnell x Vanderhoef X × Wilburn jccogadm/res/300 4th speedhumps,doc Date: July 12, 2005 To: City Council From: Anissa Williams, JCCOG Traffic Engineering Planner ~ Re: Item for July 19, 2005 City Council meeting: Resolution approving the installation of speed humps for the 300 block of 4th Avenue As you directed at the July 5, 2005 work session, a resolution authorizing the installation of speed humps in the 300 block of 4th Avenue is included on the agenda for the July 19th meeting. The City's approved Traffic Calming Program states that we will place information signs for the public along the 300 block of 4th Avenue and solicit comments from Iowa City Fire, Iowa City Police, Iowa City Transit, Iowa City Streets Department and Johnson County Ambulance. We have completed both items. Iowa City Transit and Johnson County Ambulance responded with no opposition to the installation of speed humps in the 300 block of 4th Avenue. These are included with this memo. We did not receive any comments from the public, the Streets Department, Police Department, or Fire Department. If approved, we will proceed with the installation of the speed humps prior to the school year beginning. If not approved, we will inform the neighborhood accordingly. jccogtp/mem/humps300~th.doc Anissa Williams From: Ron Logsden Sent: Monday, June 27, 2005 2:53 PM To: Anissa Williams Subject: 4th Ave. Traffic Calming Anissa, We do not travel that stretch of 4th Ave. so I do not have an opinion either way. I do think the theory that the faster you drive over the "Speed Hump" the smoother it gets will probably be tested in that location however. Ron Traffic calming on Fourth Ave. Page 1 of 1 Anissa Williams From: Steve Spenler [sspenler@co.johnson.ia.us] Sent: Friday, June 24, 2005 4:04 PM To: anissa-williams@iowa-city.org Subject: Traffic calming on Fourth Ave. Anissa- I am not opposed to anything that will slow traffic and make life safer for residents and travelers on Fourth Street. It is a short street and will not significantly effect our response times. My only concern would be the congestion that may occur on Court during heavy traffic periods. Steve Spenler Director Johnson County Ambulance Service 808 S. Dubuque Street Iowa City, Iowa 52240 319-356-6013 sspenler@co.johnson.ia.us 6/27/2005 Prepared by: Mary Niichel, Central Services Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5078 RESOLUTION NO. 05-247 RESOLUTION AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING, 1NC. WHEREAS, on May 18, 2005, the City prepared a request for proposal for vehicle towing and storage services for a three (3) year contract; and WHEREAS, proposals were received and evaluated by staff according to the criteria set out in the request for proposal; and WHEREAS, Big 10 University Towing, Inc has submitted the proposal which best meets the City's needs for a three (3) year towing contract, and will meet all requirements of the proposal documents by the start of the contract; and WHEREAS, it is in the public interest that the City of Iowa City, Iowa enter into a contract with Big Ten University Towing, Inc. for towing and storage service, a copy of which is attached to this resolution, to be effective on August 23, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE C1TY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. Subject to Big Ten University Towing, Inc. satisfaction of all particulars noted in their proposal by August 23, 2005, the City hereby accepts the Big Ten University Towing, Inc. proposal for towing service as in the public interest, and approves the contract as to content and form. 2. The Mayor is authorized to sign and the City Clerk to attest the attached contract on behalf of the City. 3. The City Manager or designee is hereby authorized to administer said contract. Passed and approved this 1 q th day of .luly ,2005. Apprg~ed by CITY'CLERK City Attorney's Office Resolution No. 05-2~7 Page 2 It was moved by ~ and seconded by 0 ~ ])nnn o'1 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion x Elliott x -. Lehman × O'Donnell X Vanderhoef X Wilburn RFP #~)6-02, Page 14 of 23 SECTION III. CONTRACT THIS AGREEMENT, made and entered into this~3~/day of August, 2005, by and between the CITY OF IOWA CITY, hereinafter referred to as "City," and hereinafter referred to as "Contractor." WHEREAS, the City has prepared certain lists, specifications, and proposal blanks, dated and filed the day of _~_.Q~, 2005, for vehicle towing and storage services for three (3) years effective August 23, 2005. WHEREAS, it is in the public interest to enter into a Contract to carry out the towing and storage of motor vehicles in Iowa City; and WHEREAS, said lists, specifications, and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified. NOW, THEREFORE, in consideration of their mutual promises, it is agreed between the Parties as follows: 1. The City hereby accepts the Contractor's proposal for the work and for the sums listed below: See attached rate sheet, Section V 2. City and Contractor agree this Contract consists of the following component parts, which are made a part of this Contract by reference, as if set out in full herein: a. Specifications, including (1) Specific Conditons and Instructions (2) Detailed Specifications (3) Company Information and Rate Sheets b. Contractor's Proposal c. This Instrument/Contract 3. Payments are to be made to the Contractor in accordance with and subject to the provisions set forth herein, together with the documents made a part of this Contract. 4. This Contract is executed in duplicate. RFP #06-02, Page 15 of 23 CITY OF IOWA CITY, IOWA CONTRACTOR Title Mayor Title ATTEST: ATTEST: Title City Clerk Approved by City Attorney's Office RFP #06-02, Page 21 of 23 SECTION VI, RATE SHEETS The City is not responsible for the bidder's failure to provide information and pricing on required items. In this instance the prices submitted will prevail as the proposal price for all required equipment, supplies, labor, and travel. RATES PROPOSED: 1. GROUP h Rates for Group I apply to those vehicles which are NOT owned by the City. The services must be performed as a result of a call from a City dispatcher or official. (City-owned or leased vehicles are included in Group I1.) GROUP I. CLASS A: TOWING AND/OR RECOVERY CARS, PICKUPS, MOROTCYCLES BID PRICE STANDARD TOW .............................................................................................. $ an DOLLY CHARGE .............................................................................................. $. MILEAGE OUTSIDE CITY LIMITS ....................................................................... $_ NC MILEAGE OUTSIDE CITY LIMITS ON DOLLYS .................................................... $ N(~ WINCHING (First 1/2 hour) ................................................................................. $ '1 WINCHING (After first 1/2 hour) ........................................................................... $ 1_ TIRE OR WHEEL CHANGE ............................................................................... $-- _30. O0-- STANDBY TIME (First 1/2 hour) .......................................................................... $ NC STANDBY TIME (After first 1/2 hour) ................................................................... $-- NC SHOW-UP FEE ................................................................................................ $ ,~ AFTER HOURS RELEASE CHARGE (between 8:00 p.m. and 8:00 a.m.) ............... $ GROUP I. CLASS C: TOWING AND/OR RECOVERY BID PRCE TRUCKS, TRACTORS, HOUSE TRAILERS, TRUCK TRAILERS, BUSES, ETC .................................................................................................... $ "/~ SEMI TRACTOR TRAILERS ............................................................................... $ MILEAGE OUTSIDE CITY LIMITS ....................................................................... $ i ~e~ MJ.].e MILEAGE OUTSIDE CITY LIMITS ON DOLLYS .................................................... S_NC WINCHING (First 1/2 hour) ................................................................................. $ WINCHING (After first 1/2 hour) ........................................................................... $ =,', ,-,,', TIRE OR WHEEL CHANGE ............................................................................... $ STANDBY TIME (First 1/2 hour) .......................................................................... $ STANDBY TIME (After first 1/2 hour) ................................................................... $ NC SHOW-UP FEE ................................................................................................ $ 20,00 AFTER HOURS RELEASE CHARGE (between 8:00 p.m. and 8:00 a.m.) ............... $ NC GROUP I. STORAGE - Per 24 hour pedod beginning at impound, Section F, 2. BID PRICE CARS, PICKUPS, MOTORCYCLES (Outside Storage) ......................................... $ 1_ 0: _nO CARS, PICKUPS, MOTORCYCLES (Inside Storage for first seven days - by Police Request ONLY) ................................................................ $ '1 0. O0 TRUCKS, TRACTORS, HOUSE TRAILERS, TRUCK TRAILERS, BUSES, ETC (Outside Storage) .................................................................... $ '1 TRUCK TRACTOR TRAILERS (Outside Storage) .................................................. $ 1_ 0 GROUP I. ACCIDENT CLEAN-UP BID PRICE ACCIDENT CLEAN-UP (First 1/2 hour) ......................................................... $_ N~ ___ ACCIDENT CLEAN-UP (After first 1/2 hour) .................................................... $__,t~7, .... RFP #06-02, Page 22 of 23 2. GROUP I1: Rates for Group II apply ONLY to those vehicles which are owned or leased by the City. The services must be performed as a result of a call from a City Dispatcher or official. GROUP II. CLASS A: TOWING AND/OR RECOVERY .BID PRICE STANDARD TOWS ......................................................... $:3.0.00_ DOLLY CHARGE ................................................................................................. $ NC -- MILEAGE OUTSIDE CITY LIMITS .......................................................................... $ MILEAGE OUTSIDE CITY LIMITS ON DOLLYS ....................................................... $ WINCHING (First ~ hour) ...................................................................................... $ WINCHING (After first ~ hour) ............................................................................... $ NC -- STANDBY TIME (First ~ hour) .............................................................................. $ STANDBY TIME (After first ~ hour) ........................................................................ $ SHOW-UP FEE ................................................................................................... $ NC AFTER HOURS RELEASE CHARGE (between 8:00 p.m. and 8:00 a.m.) .................. $ i~1C GROUP II. CLASS C: TOWING AND/OR RECOVERY BID PRICE TRUCKS, TRACTORS, BUSES .............................................................................$ UNDERREACH .................................................................................................... $ FIRST HOUR (Per Unit) ........................................................................................ $ AFTER FIRST HOUR (Per Unit) ............................................................................. S-NC GROUP II. ACCIDENT CLEAN-UP BID PRICE ACCIDENT CLEAN-UP (First 1/2 hour) ............................................................ $ NC----- ACCIDENT CLEAN-UP (After first 1/2 hour) ...................................................... $---I~C----- 3. MISCELLANEOUS FEES: (Additional fees not included in the rates listed above) BID PRICE $ $ $ $ The undersigned bidder, having examined and determined the scope of this Request for Proposal, hereby proposes to provide the required equipment, supplies, labor, and travel to per[cfm the work as described in the proposal documents and to do all work at the prices set forth within. The undersigned bidder states that this bid is made in conformity with the specifications and qualifications contained herein. In the event that there are any discrepancies or differences between any conditions of the vendor's proposal and the Request for Proposal prepared by the City of Iowa City, the Request for Proposal shall prevail. The undersigned bidder certifies that this bid is made in good faith and without collusion or connection with any other person or persons bidding on the project. RfP #064]2, Page 23 of 23 AUTHORIZED SIGNATURE: NAME OF FIRM: B~g !0 U.~i-v~=~-sity--T~;;'i4qg, Inc~- ADDRESS: 33(19 Hwy 'l SW ~O_Wa C~ty, TA. 52240 PHONE NUMBER: 3l 9- 354-5936 TOLL FREE NUMBER: FAX NUMBER: .31 q-q54-6q7~ E-MAIL ADDRESS: m~ ~.~.~ ~ g I 0~_ O~_ ng- corn WEB SITE ADDRESS: NAME&TITLE OF REPRESENTATIVE: Matthew J. Leonard President SIGNATURE OF REPRESENTATIV~/~ ~¢ ~ DATE SIGNED: ~ ~f~ ~d~ .~'"'"' · Addenda Form The undersigned hereby acknowledges receipt of the following appliceble addenda: Addenda Number ~, Da~e~ Prepared by: Susan Dulek, Assr. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-248 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK; WHEREAS, it is a goal of the Airport Commission to generate as much income as possible for the Iowa City Municipal Airport; and WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision; and WHEREAS, in Resolution No. 4-202, the City Council approved a six (6) month extension of the Listing Agreement and in Resolution No. 5-36, the City Council approved another six (6) month extension of the Listing Agreement which expires on duly 22, 2005; WHEREAS, at its meeting on July 14, 2005, the Iowa City Airport Commission approved an extension of the Listing Agreement for another six (6) months; and WHEREAS, it is in the best interest of the City of Iowa City to approve a third amendment to the Listing Agreement, which will extend the term by six months and which is in substantial compliance with the agreement that is attached and incorporated herein. 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 to an amendment of the Listing Agreement in a form that is in substantial compliance with the attached agreement. Passed and approved this ~ q~-h day of July ,2005. ATTEST: CIT~LERK '~' Approv_e~ by ~ City Attorney's Office Resolution No. Page It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion × Elliott × Lehman × O'Donnell x Vanderhoef × Wilburn THIRD AMENDMENT TO LISTING AGREEMENT WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, in Resolution No. 04-202, the City Council approved a six (6) month extension of the Listing Agreement, and the parties subsequently entered into an Amendment to the Listing Agreement; and WHEREAS, in Resolution No. 5-36, the City Council approved a second, six (6) month extension of the Listing Agreement, and the parties subsequently entered into a Second Amendment to the Listing Agreement that expires that expires on July 22, 2005; WHEREAS, NAI iowa Realty Commercial acknowledges that Harry Wolf will be its lead broker should the Listing Agreement be extended; and WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties; and WHEREAS, the parties wish to amend the Listing Agreement a third time by extending the term for an additional six (6) months. IT IS THEREFORE AGREED that: Paragraph 5 of the Listing Agreement is deleted in its entirety and the following new Paragraph 5 is substituted in lieu thereof: 5. TERM. The term of this Agreement and Agent's employment, right and authority shall expire on January 22, 2006. All other terms of the Listing Agreement shall remain in full force and effect. NAI IOWA REALTY COMMERCIAL Har Date Regional Dire~,tor V THE IOWA CITY AIRPORT COMMISSION Randall D. Hartwig, Chairp~son Dat~ Attest: THE CITY OF IOWA CITY Maria~ K. Karr, City Clerk Lehman, Mayor CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ day of ~--~,L ~ , 2005, before me, the undersigned, a notary public in and for the State of Iow~, 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that 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 Ap.pr.~~.~""'~"~ ~" 3r-t '3 -O ~-- J'~,; J SONDRAE FORT J I~C'l~ ~l Commission Number ~5979,l City Attorney's Office I'l '1 My Commission Expires I MEMORANDUM TO: Iowa City City Council FROM: Randall D. Hartwig, Airport Commission Chairperson DATE: July 15, 2005 RE: Listing Agreement - Aviation Commerce Park At its meeting on July 14, 2004, the Airport Commission passed a resolution to extend the listing agreement with Iowa Realty Commercial for another six months. Attached is a copy of the Third Amendment to Listing Agreement which has been signed by Harry Wolf and the Commission. The Commission recommends that City Council approve said amendment at the meeting on July 19, 2005. This is the same amendment that is in your agenda packet. Copy to: Airport Commission '~ //'l THIRD AMENDMENT TO LISTING AGREEMENT WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, in Resolution No. 04-202, the City Council approved a six (6) month extension of the Listing Agreement, and the parties subsequently entered into an Amendment to the Listing Agreement; and WHEREAS, in ReSbl~tion No. 5-36, the City Council approved a.second, six (6) month extension of the Listir~ Agreement, and the parties ~ ubs.~ql entered into a Second Amendment to the Listing',A%greement that expires that expires on 22, 2005; Realtv~ommercial acknowledges Wolf will be its lead broker WHEREAS, NAI Iowa should the Listing Agreement b~extended; and WHEREAS, Paragraph 13 of the L~.ting Agreement hat it may be amended by written agreement of the parties; and\. WHEREAS, the parties wish to amend t~e reement a third time by extending the term for an additional six (6) months. ~ IT IS THEREFORE AGREED that: Paragraph 5 of the Listing Agreement in its entirety and the following new Paragraph 5 is substituted in lieu thereof: 5. TERM. The term Ag ent's employment, right and authority shall expire on 22, 2006. All other terms of the reement shall remain in'~ll force and effect. NAI IOWA REALTY COl~ :~CIAL Harry R. Wolf Date Regional Director THE IOWA CITY AIRPORT COMMISSION Randall D. Hartwig, Chairperson Date Attest: Secretary ITY~~ Date THE CITY OF IOWA C Marian K. Karr, City Clerk Ernest Lehman, Mayor ~MENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of. 2005, before me, the undersigned, a notary public in and for the of Iowa, personally Ernest W. Lehman and Marian K. Karr, to me personally who being by me duly l, did say that they are the Mayor and City Clerk, respectively, said municipal corporation the within and foregoing instrument; that the affixed thereto is the seal of aid municipal corporation; that said instrument was signed sealed on behalf of said munici corporation by authority of its City Council; and that the sai Mayor and City Clerk as such ;rs acknowledged that the execution of said instrument to the voluntary act and deed of corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Appr,~~~ 2t--f 3 -0 ~j~ City Attorney's Office Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 05-249 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AFrEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENTS FOR THE INTERSECTION IMPROVEMENTS OF HIGHWAY 1 WITH KI'I-DY LEE ROAD AND THE U,S, 218 EXIT RAMP, UST-001-5(82)--4A-52 AND UST-001-$(83)--4A-52, WHEREAS, the City of Iowa City, Iowa has negotiated agreements with the Iowa Department of Transportation, said agreements being attached to this Resolution and by this reference made a part hereof; and. WHEREAS, the City of Iowa City, Iowa deems it in the public interest to enter into said agreements with the Iowa Department of Transportation for the intersection improvements of Highway 1 with Kitty Lee Road and the U.S. 218 exit ramp. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter into the above-mentioned agreements, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreements between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreements to any citizen requesting same. Passed and approved this ].gth day of .Tu]y ,20 02 - Approved by CITY~,LERK Cit~, Attorney's Office ' pv~ng/res/hwyl kittylee.doc Resolution No. 05-249 Page 2 It was moved by Ba~.ley and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion × Elliott x Lehman x O'Donnell x Vanderhoef x Wilburn July 2004 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR U_RBAN-S_TATE TRAFFIC ENGINEEmNG PROGRAM (U-STEP) PROJECT CITY: Iowa City PROJECT NO: UST-001-5(82)--4A-52 Iowa Department of Transportation AGREEMENT NO:6-05-USTEP-25 STAFF ACTION NO: 05-0770 This is an agreement between the city of Iowa City, (hereinafter called CITY) and the Iowa Department of Transportation (hereinafter called 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 amotmt 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: Right Turn lane at the IA 1 and Kitty Lee Road intersection, in Iowa City. Pursuant to the terms of this agreement, applicable statutes, and administrative roles, the DEPARTMENT agrees to provide U-STEP funding to the CITY for the authorized and approved costs for eligible items associated with project improvements as described above. AGREEMENT NO:6-05-USTEP-25 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. 2. All notices required under this agreement shall be made in writing to the DEPARTMENT and the CITY's contact person. The DEPARTMENTs contact person shall be the District 6 Local Systems Engineer. The CITY's contact person shall be the City Engineer, Public Works Director, or a Consulting Engineer hired by the CITY for a particular project,. 3. The estimated total of eligible construction and right-of-way cost for this project is $45,000. If, upon completion of final plans, the cost 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. If any part of this agreement is found to be void and unenforceable, then the remaining provisions of this agreement shall remain in effect. 5. This agreement is not assignable without the prior written consent of the DEPARTMENT. 6. The attached Standard U-STEP Exhibit and Exhibit A will apply and is hereby made a part of this Agreement. AGREEMENT NO:6-05-USTEP-25 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 6-05-USTEP-25 as of the date shown opposite its signature below. City: Iowa City BYt~~~~~ Date Ju iv 19 , ~ 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 19 th day of Jul? ,2005 · Signed ~~ ~. ~"J~.4~ Date July 19 _2DJ33_ City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division By ]~ra.,,,_~ ~.~,,~ Date '-~.t~\~1 28 Kenneth A. Yanna, P.E. Local Systems Engineer District6 /IglPr0b~ll [~y City ^llorn'ey's Office July 2004 U-STEP EXHIBIT Standard Provisions for Project Agreement 1. The CITY shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the grounds of race, creed, color, sex, age, religion, national origin, or handicap/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. 2. 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. 3. 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. 4. 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 sto~t sewer costs not paid for by the DEPARTMENT. 5. If right of way must be acquired for the project, the CITY shall 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, before acquisition procedures are begun, the CITY shall meet the staff from the DEPARTMENT's Office of Right of Way (ROW) to assure compliance with the U.S.Code, the Iowa Code, and 761 Iowa Administrative Code (IAC) Chapter 111; and determine what areas, if any, are to be acquired in the name of the DEPARTMENT and what areas, if any, in the name of the CITY. b. The CITY must certify no later than 10 weeks prior to the letting that the CITY has acquired possession of all required right of way. Should eminent domain proceedings be required, the CITY will condemn or appeal in the name of the CITY or the DEPARTMENT, whichever applies. The project letting may not be held until the CITY has certified that the right of way has been acquired. c. The CITY will meet with the DEPARTMENT's staff (ROW Office) to determine who shall be responsible for demolition and/or property management functions. d. The CITY as well as its contractors, if any, agree to maintain all books, documents, papers, accounting records and other evidence pertaining to all costs incurred under this Agreement and to make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of the final payment under the Agreement, for inspection by the DEPARTMENT. Upon completion of the acquisition for each parcel, all original documents for said acquisition shall be delivered to and become the property of the DEPARTMENT. e. In accordance with 761 Iowa Administrative Code(IAC) Section 150.3(1)(b), the CITY will be responsible for providing, without cost to the DEPARMENT or the project, all right of way which involves dedicated streets or alleys, and other city- owned lands, easements and rights in land except park lands, subject to the condition that the DEPARTMENT will reimburse the CITY for the value of improvements situated on said city-owned lands if any. The CITY has apprised itself of the value of these lands, and, as a portion of its participation in the project, voluntarily agrees to make such lands available without further compensation. 6. 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). 7. 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. 8. 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. 9. The CITY will be responsible for the costs oftbe 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. The CITY shall have ownership of traffic signals constructed with this project and shall operate them at its 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. 15. 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. 16. 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 thirty (30) days prior to the one (1) year deadline. 17. 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. 18. 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. 19. This agreement, as set forth in items 1 through 6 and paragraphs 1 through 19 of the U-STEP EXHIBIT and referenced 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. June 2004 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: 1. Obtaining the names of qualified TSB contractors from the Iowa Department of Inspections and Appeals (515-281-7357) or from its website: www.iowai.net/iowa/dia/tsb. 2. 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. 4. 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. 5. 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. Pace 1 of 3 EXHIBIT A The Recipient shall agree to provide the Iowa DOT the following documentation: 1. Copies 0fcorrespondence 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 Iowa DOT's EEO Administrator, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Paee 2 of 3 June 2004 CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) CITY: PROJECTNUMBER: COUNTY: AGREEMENT NUMBER: 1. Were qualified TSB names obtained from the Iowa Department of Inspections and Appeals? YES __ NO __ If no, explaIn 2. Were qualified TSBs notified of project? YES __ NO __ If yes, by letter , telephone __, pemonal contact __, other__ If no, explain 3. Were bids solicited from qualified TSBs? YES __ NO __ If no, explain 4. Was a goal or pementage (%) established for TSB participation? YES __ NO __ If yes, what was the goal or percentage (%) If no, explain why not, 5. Did the prime contractor use positive efforts to utilize TSBs on subcontracts? YES __ NO __ If no, what action was taken by City/County Is documentation in files? YES __ NO __ 6. What was the dollar mount reimbursed to the City/County fi'om 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 __ NO __ If no, explain I certify that the CITY/COUNTY (circle one) used positive efforts to utilize TSBs as participants in this project. PROJECT ENGINEER/MANAGER DATE Page 3 of 3 July 2004 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN-STATE TRAFFIC ENGINEERING PROGRAM (U-STEP) PROJECT CITY: Iowa City PROJECT NO: UST-001-5(83)--4A-52 Iowa Department of Transportation AGREEMENT NO: 6-05-USTEP-26 STAFF ACTION NO: 05-0772 This is an agreement between the city of Iowa City, (hereinafter called CITY) and the Iowa Department of Transportation (hereinatter called 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: Intersection Improvements at the US 218 SB Exit ramp and IA 1, in Iowa City Pursuant to the terms of this agreement, applicable statutes, and administrative roles, the DEPARTMENT agrees to provide U-STEP funding to the CITY for the authorized and approved costs for eligible items associated with project improvements as described above. AGREEMENT NO:6-05-USTEP-26 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. 2. 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 District 6 Local Systems Engineer. The CITY's contact person shall be the City Engineer, Public Works Director, or a Consulting, Engineer hired by the CITY for a particular project.. 3. The estimated total of eligible construction and right-of-way cost for this project is $247,531. If, upon completion of final plans, the cost 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. If any part of this agreement is found to be void and unenforceable, then the remaining provisions of this agreement shall remain in effect. 5. This agreement is not assignable without the prior written consent of the DEPARTMENT. 6. The attached Standard U-STEP Exhibit and Exhibit A will apply and is hereby made a part of this Agreement. AGREEMENT NO:6-05-USTEP-26 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 6-05-USTEP-26 as of the date shown opposite its signature below. City: ' Byn~m~~~~~ Date July 19 , 2005 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 19th day of July , 2005. City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division By J4a~,,r..A0_.'~, A. [ )~x,-~ ~ Date '~-'~,k, 2¢ ,2C0_5_ Kenneth A. Yanna, P.E. Local Systems Engineer District6 July 2004 U-STEP EXHIBIT Standard Provisions for Project Agreement 1. The CITY shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the grounds of race, creed, color, sex, age, religion, national origin, or handicap/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. 2. 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 ma& and documented in accordance with Exhibit A which is attached hereto and by this reference is made a part of this agreement. 3. 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. 4. 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 fight-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. 5. If right of way must be acquired for the project, the CITY shall negotiate and secure the necessary fight of way using the most appropriate of the following methods: a. When right of way is to be acquired, before acquisition procedures are begun, the CITY shall meet the staff from the DEPARTMENTs Office of Right of Way (ROW) to assure compliance with the U.S.Code, the Iowa Code, and 761 Iowa Administrative Code (lAC) Chapter 111; and determine what areas, if any, are to be acquired in the name of the DEPARTMENT and what areas, if any, in the name of the CITY. b. The CITY must certify no later than 10 weeks prior to the letting that the CITY has acquired possession of all required fight of way. Should eminent domain proceedings be required, the CITY will con&mn or appeal in the name of the CITY or the DEPARTMENT, whichever applies. The project letting may not be held until the CITY has certified that the right of way has been acquired. c. The CITY will meet with the DEPARTMENT's staff (ROW Office) to determine who shall be responsible for demolition and/or property management functions. d. The CITY as well as its contractors, if any, agree to maintain all books, documents, papers, accounting records and other evidence pertaining to all costs incurred under this Agreement and to make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of the final payment under the Agreement, for inspection by the DEPARTMENT. Upon completion of the acquisition for each parcel, all original documents for said acquisition shall be delivered to and become the property of the DEPARTMENT. e. In accordance with 761 Iowa Administrative Code(lAC) Section 150.3(1)(b), the CITY will be responsible for providing, without cost to the DEPARMENT or the project, all right of way which involves dedicated streets or alleys, and other city- owned lands, easements and fights in land except park lands, subject to the condition that the DEPARTMENT will reimburse the CITY for the value of improvements situated on said city-owned lands if any. The CITY has apprised itself of the value of these lands, and, as a portion of its participation in the project, voluntarily agrees to make such lands available without further compensation. 6. 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). 7. 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. 8. 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. 9. 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. 10. 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 (lAC) 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 waming lights as necessary. 11. 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. 12. 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. 13. 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. 14. The CITY shall have ownership of traffic signals constructed with this project and shall operate them at its 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. 15. 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. 16. 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 thirty (30) days prior to the one (1) year deadline. 17. 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. 18. 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. 19. This agreement, as set forth in items 1 through 6 and paragraphs 1 through 19 of the U-STEP EXHIBIT and referenced 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. June 2004 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 Recipienfs "positive efforts" should include, but not be limited to: 1. Obtaining the names of qualified TSB contractors from the Iowa Department of Inspections and Appeals (515-281-7357) or from its website: www. iowal.net/iowa/dia/tsb. 2. 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. 4. Including in the bid proposals for state-assisted projects, a contract provision titled "TSB Affmnative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)", or a similar document developed by the Recipient. 5. 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. Pace 1 of 3 EXHIBIT A 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 Iowa DOT's EEO Administrator, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Paee 2 of 3 June 2004 CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF TARGETED SMALL BUS1NESS (TSB) ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) CITY: PROJECTNUMBER: COUNTY: AGREEMENT NUMBER: 1. Were qualified TSB names obtained from the Iowa Department of Inspections and Appeals? YES __ NO __ 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 4. Was a goal or percentage (%) established for TSB participation? YES __ NO __ If yes, what was the goal or percentage (%) If no, explain why not, 5. Did the prime contractor use positive efforts to utilize TSBs on subcontracts? YES __ NO If no, what action was taken by City/County Is documentation in files? YES __ NO __ 6. What was the dollar amount reimbursed to the City/County from the Iowa Department of Transportation? $ What was the fmal 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 __ NO __ If no, explain I certify that the CITY/COUNTY (circle one) used positive efforts to utilize TSBs as participants in this project. PROJECT ENGINEER/MANAGER DATE Page 3 of 3 ADVERTISEMENT FOR BIDS MISSING LINK TRAIL PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 12th day of July, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 19th day of July, 2005, or at such later time and place as may be scheduled. The Project will involve the following: 1,224 Cubic Yards of Excavation, 180 feet of culvert installation, 2,065 square yards of P.C. Concrete Trail Paving, 767 square feet of retaining wall, and 2 acres of seeding. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division, 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 of the City Council's award of the contract and post bond satisfactory to the City ensuring 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 following award of the contract, 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 AF-1 be issued by a responsible surety approved by the City, 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 maintenance of the improvement for a period of five(5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 30 Late Start Date: August 8, 2005 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 specifications and form of proposal blanks may be secured at the Office of the City Engineer of Iowa City, Iowa, by bona fide bidders. A $25.00 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 TREASURER OF THE CITY OF IOWA CITY, IOWA. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. 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 Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must 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 resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 05-250 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR CONSTRUCTION OF THE MISSING LINK TRAIL PROJECT. WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa, has submitted the lowest responsible bid of $111,807.83 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Peterson Contractors, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contra, ct compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for 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 19th day of July ,2005. Approved by CITY (~I:ERK Cit~ ~,ttorne~ s Office It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef x Wilburn pweng/res/misstinktrawrdcon.doc 07/05 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 05-251 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2005 TRAFFIC SIGNALIZATION PROJECT. WHEREAS, Advanced Electrical Services, Inc. of Iowa City has submitted the lowest responsible bid of $401,958.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Advanced Electrical Services, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for 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 ]gth day of .~uly ,20 05 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman × O'Donnell × Vanderhoef pweng/res;awrdcon~5;ignalization.doc -~ Wilburn Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CON' FOR CONSTRUCTION THE 2005 TRAFFIC SIGNALIZATION WHEREAS, of submitted the lowest responsible bid of $ for construction of the above-na~ project. NOW, THEREFORE, BE IT SOLVED BY THE CITY )UNCIL OF THE CITY OF iOWA CITY, IOWA, THAT: 1. The contract for the ction of the -named project is hereby awarded to subject to the condition that awardee secure adequate performance and insurance certificates, and contract compliance program statements. 2. The Mayor is hereby sign and the City Clerk to attest the contract for construction of the ect, subject to the condition that awardee secure adequate performance an( ,nd, insurance certificates, and contract compliance program statements. Passed and approved this/ day ,20 'MAYOR Approved by ATTEST: / C~'J-Y CLERK (~y Attorney's Office It wa,s/moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng\RES~2005signal.doc 9/99 ADVERTISEMENT FOR BIDS 2005 TRAFFIC SIGNALIZATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 19th day of July, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. 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 Emma J. Harvat Hall at 7:00 P.M. on the 19th day of July, 2005, or at such later time and place as may be scheduled. The Project will involve the following: Removal of 1100 SF of Sidewalk, Removal of 430 SY of Pavement, Install 2200 SY of 6" Granular Subbase, Install 1200 SY of 9" PCC Pavement, Remove and Reinstall 12 Storm Sewer Intakes, Install 1600 SF of 6" Sidewalk and Driveway, Install 168 SF of ADA Detectable Warning, and Install Traffic Signalization at Two Intersections. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineers Office, 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 of the City Council's award of the contract and post bond satisfactory to the City ensuring 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 following award of the contract, 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 AF-1 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, 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 maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 40 Specified Start Date: August 1,2005 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract 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 City Engineer in Iowa City, Iowa, by bona fide bidders. A $30.00 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. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. 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 Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must 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 resident bidder preference law applies to this Project. The City reserves the right to reject any or alt proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2