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HomeMy WebLinkAbout2001-01-16 Resolution Prepared by: Kumi Morris, Engineering Div., 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 01-8 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY OF IOWA CITY TRANSIT INTERCHANGE FACILITY PHASE II PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 6th day of February 2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 16th day of Ja~, ~,~ ,20, 01 FOVe C City Aftorney's Office pweng~%setph2*6.doc 1/01 Resolution No. 01-8 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 01-9 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 717 EAST BLOOMINGTON STREET, IOWA CITY, IOWA. WHEREAS, on November 25, 1992, the owners of 717 East Bloomington Street executed a ten-year declining balance loan through the City's Rental Rehabilitation Program for the amount of $9,309.83; and WHEREAS, the terms of the loan were satisfied on January 24, 2000; 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 717 East Bloomington Street, Iowa City, Iowa from a Rental Rehabilitation Lien recorded on November 25, 1992, Book 1469, Page 49 through Page 51 of the Johnson County Recorder's Office. Passed and approved this 16th day of January ,20 01 Approved by It was moved by Champion and seconded by Vande~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City. IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 717 East Bloomington Street, Iowa City, Iowa, and legally described as follows: The West Forty (40) feet of Lot 2. in Block Seventeen (17), Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owners, Thomas M. and Kimberly J. Haverkamp, to the City of Iowa City in the total amount of $9,309.83 represented by a Rental Rehabilitation Lien, recorded on November 25, 1992, Book 1469, Page 49 through Page 51 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. MAYOR Approved by ATTEST:/~ ~_~.J ~. ~"~.4.4.J CI~:;LERK City Attorney's Office/''T'~ / STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of '3'c~.~¢ f , AD. 20 ol , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they am 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 o its City C,.o..Vncil, as contai.ed in Reso,.tion No. , adopted by the City Counci, on the ,20 ~ and that the said Ernest W. Lehman and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. /V~-~f I 01-16-01 4e(2) Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 01-10 RESOLUTION AMENDING THE BY-LAWS OF THE POLICE CITIZENS REVIEW BOARD TO ESTABLISH A REGULAR MEETING TIME. WHEREAS, the Police Citizens Review Board desires to amend its by-laws to establish a regular meeting to be held on the second Tuesday of each month; and WHEREAS, the Police Citizens Review Board recommended approval of said amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1) That Article V. Board Meetings, Section 1 Regular Meetings, of the Police Citizens Review Board by-laws adopted by Resolution 97-394 on December 9, 1997 is hereby deleted and replaced with a new Article V. Board Meetings, Section 1 Regular Meetings as follows: The Board's regular meeting will be held the second Tuesday of each month. Special meetings may be called by the Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of three or more Members of the Beard. At least one (1) full day's written notice of meeting place, time and agenda shall be given each Member and the media. Insofar as possible, only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non-agenda items. 2) The Mayor and City Clerk are hereby authorized and directed to certify a'copy of this Resolution. Passed and approved this 16th day of January ,200L CI City Attorney's Office It was moved by Champion and seconded by Vande~hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X Pfab ~ O'Donnell ~ Vanderhoef ~.~ X Wilburn Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 01-11 RESOLUTION AMENDING THE COMPREHENSIVE PLAN, SPECIFICALLY THE SOUTH DISTRICT PLAN, TO CHANGE THE LAND USE PLAN FOR THE AREA SOUTH OF NAPOLEON PARK AND WEST OF SOUTH GILBERT STREET FROM MULTI-FAMILY RESIDENTIAL AND PUBLIC OPEN SPACE TO PUBLIC, INSTITUTIONAL (APPROXIMATELY 21 ACRES) AND COMMERCIAL (APPROXIMATELY 2 ACRES) AND TO DEPICT THE GENERAL LOCATION OF AN EAST-WEST ARTERIAL STREET, WHICH WILL CONNECT GILBERT STREET TO THE WEST SIDE OF THE IOWA RIVER. WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District components, serves as a land-use planning guide by outlining the location of particular land uses throughout the City, and also provides notification to the public regarding intended uses of land; and WHEREAS, the City owns 21 acres of land south of Napoleon Lane, which has been rezoned to a Public (P) zone and is being developed as the Iowa City Public Works Complex; and WHEREAS, there is a 2-acre parcel of land abutting the City-owned property on its southern border which is also located at the future intersection of two arterial streets; and WHEREAS, given the location of this 2-acre parcel between the Iowa City Public Works Facility and the future intersection of two arterial streets, it is no longer suitable for residential development as indicated in the South District Plan, but is more appropriate for commercial development; and WHEREAS, the Comprehensive Plan, and specifically the South District Plan, should be amended to accurately reflect current and appropriate land-use designations as well as the location of significant public infrastructure such as future arterial streets; and WHEREAS, the Planning and Zoning Commission has reviewed the location of the above-referenced land-uses and the proposed South Central arterial street and has recommended the amendment of the Comprehensive Plan, specifically the South District Plan, to reflect the location of same; and WHEREAS, the Comprehensive Plan, specifically the South District Plan, should be amended to reflect the location of the Iowa City Public Works Complex, the designation of the 2-acre parcel as commercial, and the general alignment of the proposed South Central arterial street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The South District Plan is hereby amended to: Resolution No. 01-11 Page 2 1) designate the 21-acre City-owned property south of Napoleon Lane from "Apartments" and "Townhouses" to "Institutional/Public"; 2) designate the 2-acre parcel directly south of the afommentioned City-owned property from "Townhouses" to "General Commercial"; and 3) to reflect the general alignment of the future South Central arterial street. Passed and approved this 16th day of ATTEST: erkC App_ y: Resolution No. 01-11 Page 3 It was moved by Champion and seconded by 0' Donne'l ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 01-16-01 6g Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 01-12 RESOLUTION APPROVING FINAL PLAT OF HOLLYWOOD MANOR, PART 7, IOWA CITY, IOWA. WHEREAS, the owner, Franz Construction Company on behalf of Helen E. Jensen, fi.led with the City Clerk the final plat of Hollywood Manor, Part 7, 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: I certify that during the month of October, 2000, at the direction of Frontz Construction Co., o aurvey was mode under my supervision of o Portion of the Northeast Quarter of the Southwest Quarter of Section 23, Township 79 North, Range 6 West, of the Fifth Princlpol Meridian, Iowa City, Johnson County, Iowa, the boundaries of which ore described as follows: Commencing at the Northeast Corner of the Southwest Quarter of Section Township 79 North Range 6 West, of the Fifth Principal Meridian; Thence S87'37 O0"W, along the North Line of Hollywood Manor - Port 6, in accordance with the Plot thereof Recorded in Plot Book 40, at page 37, of the Records of the Johnson County Recorder's Office, and the South Line of Port FIve - Hollywood Manor, in accordance with the Plot thereof Recorded in Plot Book 13, at Page 18, of the Records of the Johnson County Recorder's Office 44-1.21 feet, to the Northwest Corner of said Hollywood Manor - Port 6 and the Point of Beginning; Thence S02°2YOO"E, along the West Line of sold Hollywood Manor Part 6. o distance of 125.00 feet; 1hence S87°37'00"W, along sold West Line. 10.71 feet; Thence S02'23'00"E, along said West Line, 173.09 feet; Thence S89'15'27"W, along said West Line. 50.08 feet; Thence S03'06'59"W, along sold West Line, 66.15 feet; Thence S03'31'40"E, along said West Line, 63.17 feet; Thence S10'11'54"E. along said West Line, 63.92 feet; Thence S12'48'39"E, along sold West Line, 103.82 feet; Thence S02'17'57"E, along sold West LIne, 185.00 feet, to the Southwest Corner of said Hollywood Manor - Port 6, and Point on the South Line of Auditor's Parcel "B", in accordance with the Plat · thereof Recorded in Plot Book 34-, at Page 24-3, of the Records of the Johnson County Recorder's Office; Thence S87'42'03"W, along the South Line of sold Audltor'a Parcel "B~, o distance of 270.00 feet; Thence NO2'17'57"W, 125.00 feet; Thence S87'42'03'W, 32.63 feet; Thence NO2'IT'57"W, 60.00 feet; Thence NOT'~8'57"W, 98.83 feet; Thence NOT'4-Y40"W, 62.92 feet; Thence NO3'24'54"W. 62,92 feet; Thence NOO'48'22"E, 66.4,1 feet; Thence N89'21'11"E, 37.55 feet; Thence NO2'2YOO"W. 126.53 feet; Thence S87'37'00"W, 10.38 feet; Thence NO2'2YOO"W. 175.00 feet, to a Point on the North LIne of sold Audltor's Parcel "B" and the South Line of said Port Five - Hollywood Manor; Thence N87'37'OO"E, along said North and South Lines, 326.50 feet, to the Point of Beginning. Sold Tract of land contolns 5.32 acres. more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and 000 50 Resolution No. 01-12 "Page 2 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 (1995) 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 owner/subdivider. Passed and approved this 16th day of January ,200'1. Approved by SEAL CI /'/i/ty~tt/orney's Office It was moved by Vanderhoef and seconded by ~/~]burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X . Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadrn~n~res~hollywood7 ~oc 000151 STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp Item: SUB00-0024 Hollywood Manor 7 Date: November 16, 2000 GENERAL INFORMATION: Applicant: Frantz Construction 325 Third Street Iowa City, IA 52240 Phone: 338-7923 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Requested Action: Final plat approval Purpose: To create a 20-lot residential subdivision Location: West of Sycamore Street, south of Burns Avenue Size: 5.32 acres Existing Land Use and Zoning: Vacant, RS-5 Surrounding Land Use and Zoning: North: Residential, RS-5 South: Agricultural, ID-RS East: Residential, RS-5 West: Vacant, RS-5 Comprehensive Plan: Low Density Single Family Residential File Date: Complete application received Nov. 13, 2000 45 Day Limitation Period: Dec. 28, 2000 60 Day Limitation Period: Jan 12, 2001 SPECIAL INFORMATION: Public Utilities: Municipal water and sewer service are available to serve the property. The property is subject to a sanitary sewer tap-on fee, a water main extension fee, and a South Sycamore Regional Greenspace and Drainage Corridor fee. Public Services: Police, fire, and sanitation service will be provided by the City. 2 Transportation: The property is accessible via Sycamore Street and Wetherby Drive. There are two nearby transit routes, the Broadway and Lakeside routes. Physical characteristics: The area is generally flat. Sensitive Areas Ordinance: An area of hydric soils covers much of the property. BACKGROUND iNFORMATION: The northern portion of this property has been zoned RS-5, low density single-family residential, since the City adopted the current version of the zoning ordinance in 1983. The southern portion of this property was rezoned from ID-RS, interim development single-family residential to RS-5 in 1994. The Conditional Zoning Agreement for this property contains requirements for fees in lieu of park land dedication, requirements for a walkway from this property to Wetherby Park to the west, a requirement for a sidewalk fee for the sidewalk the City will construct along Sycamore Street when it is reconstructed, and a requirement that the hydric soils on the property be addressed at the time of development. The applicant, Frantz Construction, is proposing to subdivide Hollywood Manor Pad 7 into 20 single family residential lots, of between 8,000 and 12,000 square feet. ANALYSIS: Consistency with Comprehensive Plan and Preliminary Plat: The proposed final plat is consistent with the approved preliminary plat and the South Central District Plan. The modified grid street pattern that is continued in this subdivision is encouraged in the South Central District Plan. Subdivisions arranged in this way provide for several options of traffic to travel through a neighborhood so that no one street becomes overburdened with traffic. Wetherby Drive is designed as a collector street with a 60-foot right-of-way and a 31-foot wide pavement, and will intersect with Russell Drive extended with future Hollywood Manor subdivisions. The proposed subdivision also conforms to the City's subdivision regulations. Hydric soils: Much of the area proposed to be subdivided contains hydric soils. The preliminary plat contains notes that perforated sump pump drain lines in porous rock backfill will be located adjacent to the streets to adequately serve each lot with a service for a sump pump connection. A similar method of dealing with hydric soils is being used in Hollywood Manor Part 6 to the east. Special construction methods for the streets in the areas of hydric soils will also need to be used and approved as part of the approval of construction plans for this subdivision. South Sycamore Regional Greenspace and Drainage Corridor Project: A majority of this subdivision drains to the southeast and should be accommodated by the South Sycamore Regional Storm Water System. The impact for the regional stormwater system will be addressed in the legal papers. Staff has estimated the fee will be approximately $2,500 per acre, or approximately $11,600 for 4.68 acres of the 5.32 acre property that drains to the southeast. Neighborhood open space: Wetherby Park is located to the west of this property, and the conditional zoning agreement requires that sidewalk connections be created to Wetherby Park when the land adjacent to the park is subdivided. The conditional zoning agreement requires that fees be paid in lieu of land dedication to satisfy the neighborhood open space requirement. The legal papers specify that fees equivalent to 0.12 acres, the value of which will be determined by an appraisal, will be paid prior to the issuance of a building permit for any lot within the subdivision. 3 Sanitary sewer and water main extension fees: Fees for sanitary sewer and water main extension are addressed in the legal papers. $1,796.50/acre, or a total of $9557.38, is required for the South Sycamore Sanitary Sewer tap-on fee. $395/acre, or a total of $2,101.40, is required for the water main extension fee. These fees must be paid prior to the issuance of a building permit for this subdivision. Sidewalks: The streets to be constructed as part of this subdivision will have sidewalks. The fees for the sidewalk that will be constructed on the west side of Sycamore Street when Sycamore Street is reconstructed were paid with Hollywood Manor Part 6. The reconstruction of Sycamore Street is currently in the Capital Improvements Program (CIP) for FY2004. The conditional zoning agreement also contains requirements for sidewalk connections to Wetherby Park; this requirement will need to be addressed at the time the property to the west is subdivided. STAFF RECOMMENDATION: Staff recommends that SUB00-0024, the final plat of Hollywood Manor Part 7, a 5.32 acre, 20-lot residential subdivision, be approved, subject to legal papers and construction plans being approved prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Final plat Approved by:/~,--~/4 ~ Robert Miklo, Senior Planner, Department of Planning and Community Development C:urban p~anning/sub00-0024 HM7dOC CITY OF IO~:A CITY ~ ID-RS - ~/' / Sl~ LOC~TION: Holl~ood Manor, Pa~ 7 SUB00-00024 FINAL PLAT HOLLYWOOD MANOR- PART IOWA CITY IOWA Prepared by: Kumi Mords, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 01-13 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY OF IOWA CITY CABLE TV OFFICES PROJECT. WHEREAS, Knutson Construction of Iowa City, Iowa has submitted the lowest responsible bid of $256,500 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 Knutson Construction, 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 16th day of January ,20 01 FOV CITY CLERK City Attorney's Office pweng~res~knutsondoc 1/01 Resolution No. 01-13 Page 2 Itwas moved by 0'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 11 Prepared.by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A FOR CONSTRUCTION OF THE CITY OF IOWA OFFICES PROJECT. \ WHEREAS, ~',\ of has submitted the lowest responsible bid of $ ~\for construction of the project. NOW, THEREFORE, BE IT >LVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the of the project is hereby awarded to to the condition that awardee secure adequate performance and ance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to ~d the City Clerk to attest the contract for construction of the above-named iect to the condition that awardee secure adequate performance and paym~ and contract compliance program statements. Passed and approved this 16th day o 2001. MAYOR by ATTEST: CITY CLERK Cih ; Office It was moved by and seconded by the Resolution be adopted, and upon ro were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn pwengVes~awrdcon-cableoff.doc ADVERTISEMENT FOR BDS CITY OF IOWA CITY CABLE TV DIVISION OFFICES PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 16t~ day of January, 2001, 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 Council Chambers at 7:00 P.M. on the 16th day of January, 2001, or at such later time and place as may be scheduled. The Project will involve the following: 3805 s.f. interior fit-out for office use including mechanical and electrical work. All work is to be done in strict compliance with the plans and specifications prepared by Neumaun Monson Architects, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exammarion 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 co~l~oration 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 maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed ~Reen (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 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 one (1) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: AF-I Specified Start Date: Within seven (7) days of receipt of the Owner's written "Notice to Proceed". 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 Neumann Monson Architects, 111 E. College Street Plaza, Iowa City, Iowa, by bona fide bidders A $25 deposit fee and $5 handling fee (non- refundable) is required for each set of plans and specifications provided to bidders or other interested persons. The total fee shall be in the form of a check, made payable to Neumann Monson Architects.. The deposit will be refunded upon return to the Architect, postpaid, of complete sets of documents in satisfactory condition, and within ten calendar days following bid opening. Prospective bidders are advised that the City of Iowa City desires to erapiny 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. A prebid conference will be held at 2:00 p.m. on the 3td day January, 2001 at the site 10 S. Linn Street, third level of the Tower Place Parking Facility. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. 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 required 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 techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 01-14 RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND MCCLURE ENGINEERING COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT AND LAND ACQUISITION SERVICES FOR THE IOWA CITY COURT HILL TRUNK SANITARY SEWER PROJECT. WHEREAS, the City of Iowa City owns and operates the Court Hill Trunk Sanitary Sewer System; and WHEREAS, professional engineering and land acquisition services are required to acquire necessary temporary construction and permanent easements for reconstruction of the Court Hill Trunk Sanitary Sewer Project; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by McClure Engineering Company Consulting Engineers of Iowa City, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with McClure Engineering Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement by and between the City of Iowa City, Iowa, and McClure Engineering Company Consulting Engineers for the Provision of Engineering and Land Acquisition Services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this '16th day of ,]anuat'y ,2001. AYQR City Attorney's Office Resolution No. 01-14 Page 2 It was moved by Vande~'hoef and seconded by 0' Donne] '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~( O'Donnell X Pfab X Vanderhoef X Wilbum CONSULTANT AGREEMENT FOR LAND ACQUISITION RELATED TO COURT HILL TRUNK SEWER PROJECT, 2000 (MEC#3017) THIS AGREEMENT, made and entered into this 16thday of January ,2001, by and between the CITY of Iowa CITY, a municipal corporation, hereinafter referred to as the CITY and McClure Engineering Company of Iowa CITY, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY of Iowa CITY, Iowa is desirous of obtaining the services of a consulting finn to provide services for property/easement acquisition related to the construction of the Court Hill Trunk Sewer, hereinafter called the Project. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as follow: I SCOPE OF SERVICES A. BASIC SERVICES: CONSULTANT agrees to perform the following services for the CITY, to subcontract for acquisition services and to do so in a timely and satisfactory manner. CONSULTANT shall obtain and coordinate the services of a SUB- CONSULTANT, who shall provide acquisition services as called out below. These services shall be performed to assist the CITY in obtaining permanent easements (PE), temporary construction easements (TCE) or both, as applicable, on up to forty (40) land parcels (i. e., up to 40 PE and/or 40 TCE). CONSULTANT shall be responsible for assuring that the following services are provided to CITY by CONSULTANT or its properly acquisition SUB- CONSULTANT: · Serve as the CITY's professional representative during the performance of the acquisition services. · Respond to inquiries from the CITY. · Work with the CITY staff and attend meetings with the CITY Council, as requested. · Contract for and obtain the appraisals and appraisal reviews, or compensation estimates, as applicable for each parcel. 1 u ~,,~o~,.~co.~l,.., ~.~, ~ McClure Engineering Co. · Obtain or provide certificates of title for each parcel. · Prior to the initial negotiation contact, on parcels requiring an appraisal, send by ordinary mail to the owner(s) the entire approved appraisal report with a description of the 1 O-day waiting period. · Prepare a plat of survey in the form of an acquisition plat with the seal of a professional land surveyor attached thereto or such seal as required by the State Code of Iowa for each permanent easement. · Obtain the CITY's approval of the form and prepare all easement purchase agreements and other documents necessary to secure the required land/easements in compliance with Federal and State Law. · Deliver or send to each owner and tenant a statement of rights, offers to purchase, purchase agreements, property transfer, and other documents and answer all acquisition related questions of each owner and tenant. Respond to inquiries from owners and tenants. · Make a masonable effort to personally contact each property owner(s) and tenant(s) and a good faith effort to negotiate settlements for the acquisition of each parcel based on the approved appraisal amount or other amount approved by the CITY. · Submit a purchase agreement to the CITY for approval upon successful completion of negotiations and prior to closing. · Make a recommendation to the CITY to institute Eminent Domain (condemnation) proceedings to acquire the property if, after reasonable efforts have been made, an agreement cannot be reached. · Provide condemnation assistance if requested by the CITY. · Provide title and closing services and coordinate closing of acquisitions. · All signed documents shall be reviewed and approved by the CITY's legal department prior to their being approved and accepted by the CITY. · Maintain accurate records, which shall be available for inspection by the CITY. · Upon parcel completion, audit file for completeness and submit to the CITY. 2 u:~,os..,.u~o2~m~o.,.t,~, A~,~.~o~ McClure Engineering Co. · Conduct all property acquisition in accordance with applicable law, roles, and regulations. CITY shall: · Make a good faith effort to give Notice of Proposed Public Improvement to the owners of record of agricultural property sought to be acquired, including a statement of owners' fights, in acoradance with State Law. · CITY's legal department shall review and approve all signed documents prior to their being approved and accepted by the CITY. · Have personnel available to provide consultation and guidance regarding project and process, including consultation with CITY's Legal Department. · Provide the necessary legal services to carry out the acquisition program. B. ADDITIONAL SERVICES 1. Services requested by the CITY which are NOT included in BASIC SERVICES as described herein, shall constitute ADDITIONAL SERVICES. ADDITIONAL SERVICES shall be authorized by the CITY prior to the commencement of the work. 2. Appear as a witness or appear to assist at any condemnation, administrative or judicial proceeding or trial. 3 u,~p.~j~c3o2a~m~co..~,,,., ^g,.~,~.a~.McClure Engineering Co. t~01 II TIME OF COMPLETION The provisions of this Section II and the various rates of compensation for CONSULTANT' s services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Basic Services described herein. CONSULTANTs obligation to render services hereunder will extend for a period, which may reasonably be required for property acquisition and required extensions thereto. A. ANTICIPATED SCHEDULE The CONSULTANT anticipates completion of the various phases of the PROJECT in accordance with the following tentative schedule: The anticipated start date for the project is 1/18/00. The anticipated completion date for the engagement is 6/29/01. It is further understood and agreed by and between the parties hereto that project schedule depends on input and interaction between the parties as well as other outside factors, which may be unplanned and uncontrollable. Schedule milestones are subject to adjustment based on actual conditions, which occur during the course of the Project. III GENERAL TERMS A. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. * To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity. creed, or sexual orientation. · To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex national origin, disability, age, martial status, gender identity, creed, or sexual orientation. B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The CITY may terminate this Agreement upon seven (7) calendar days' written notice to the CONSULTANT. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all parties to said Agreement. 4 u:~p~,~o~.,~co~,,.., ,,s.~..,~o. McClure Engineering Co. D. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose of the Project shall be as an Independent Contractor and shall be exclusive, but the CONSULTANT shall have the fight to employ such assistance as may be required for the performance of the Project. E. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT or SUB-CONSULTANT for the project shall be made available by said CITY upon reasonable request to the CITY. The CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the CITY of Iowa CITY, Iowa. G. At the request of the CITY the CONSULTANT and/or the SUB-CONSULTANT shall attend such meetings of the CITY Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the CONSULTANT shall not be liable for the CITY' s use of such documents on other projects. I. The CITY agrees to tender the CONSULTANT all fees due for work properly performed by the CONSULTANT and in a timely manner. J. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. K. The CONSULTANT shall assemble and return all parcel files, in their entirety, to CITY. Each file will be documented and contain all original information and documents; all additions and/or revisions; and all executed documents. The CONSULTANT shall be allowed to keep reproducible copies of all parcel files for the CONSULTANT' s own filing use. L. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY. 5 u:~pfoi~02s~xco.~,l.., ^~,.m..,.d~ McClure Engineering Co. u., M. Upon signing this agreement, CONSULTANT acknowledged that Section 362.5 of the Iowa Code prohibits a CITY officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the CITY Council and CITY boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV COMPENSATION FOR SERVICES A. PRE-NEGOTIATION PHASE For services related to initial meetings with the CITY regarding easement acquisition, presentation of easement information at Neighborhood Meetings as described in Exhibit B, the CITY shall pay the CONSULTANT for basic services rendered by the CONSULTANT on an hourly basis as set out in Exhibit A and B, with a not-to-exceed-without-prior-authorization (NTE-WPA) amount of Three Thousand Dollars ($3,000). B. NEGOTIATION PREPARATION PHASE For services related to Delivery of Pre-Negotiation Documents and Initial Negotiation Offer documents as described in Section IA and Exhibit B, the CITY shall pay the CONSULTANT for basic services rendered by the CONSULTANT on an hourly basis as set out in Exhibit A and B, and to include, Abstractor Title Reports, Compensation Estimates or Appraisals and Appraisal Review Services, with a not-to-exceed-without-prior-authorization amount of Forty-five Thousand ($45,000). C. EASEMENT NEGOTIATION PHASE For services related to the Easement Negotiation/Acquisition services as described in Section IA and Exhibit B, including initial negotiations and services related to any protracted negotiations and/or condemnation proceedings if required, the CITY shall pay the CONSULTANT for basic services rendered by the CONSULTANT on an hourly basis as set out in Exhibit A and B, with a not-to- exceed-without-prior-authorization amount of Forty-five Thousand ($45,000). D. CLOSING PHASE For services related to closing services and recording documents as described in Section IA and Exhibit B, the CITY shall pay the CONSULTANT for basic services rendered by the CONSULTANT on an hourly basis as set out in Exhibit A and B, with a not-to-exceed-without-prior-authorization amount of Five Thousand ($5,000). 6 u:,p,,~,~.o~,~,~,,co~.,,,u~.t ~v~,~,.a~McClure Engineering Co. ~, C. ADDITIONAL ITEMS For other additional services as described in Section IB the CITY shall pay the CONSULTANT for basic services rendered by the CONSULTANT on an hourly basis for the work performed as needed to complete the project. A not-to-exceed- without-prior-authorization amount will be established prior to initiation of any Additional Services. Services will be billed in accordance with Exhibit A. V ENTIRE AGREEMENT It is agreed that there is no other consideration or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or consideration have been solicited. DATE: January 16, 2001 APPROVED BY: C~'II~Y Attomey's Office DATE: ~ - lO - Z) ] 7 u%projecls%ic3o28~adm~consultan, ASreeen~'ntdo:McClure Engineering Co. ,/~o, EXHIBIT RATE SCHEDULE FOR ADDITIONAL SERVICES PERSONNEL HOURLY RATE Engineer I (EI) $95.00 Engineer II (EII) $80.00 Engineering Technician (ET) $65.00 CADD Technician (CT) $45.00 Administrative Assistant (AA) $40.00 Crew Chief (CC) $55.00 Crew Member (CM) $40.00 Resident Project Representative (RPR) $55.00 Out-of-Pocket Reimbursable Expenses will be reimbursed to the Engineer at the Engineer's cost. Rates are effective through December 31, 2001, and may be subject to change thereafter. A-1 u:x~.~02~co~,,..t ~..~.~.~ McClure Engineering Co. EXHIBIT B PREI,IMINAR~. ESTIMATE OF COSTS FOR LAND ACQUISITION SERVICES RELATED TO CONSTRUCTION OF COURT IllLl, I'RUNK SEWER PROJECT DESCRIPTION Easementacqus on serviccs thrup lo40Parccls, rclatcd to the'Court Hil~Trunk Sewer, 2000 Project', which cons sis of approximately 10,600 LF of proposed sanitaP/ Sewer main in the vicinity of South Ralston Creek between Scott Park and Courl Hill Peak, EST'D TOTAL EST'D SUB-CONSULTANT NTE~WPA*** E-I E-II CC CM ET CT RPR AA ENG. FEES FEES AMOUNT A. PRE-NEGOTIATION PHASE I. Review EXisting Technical Data with City Attorney/Staff 2 4 2 : $500 2. Coordinate Easement Acquisition Information Meeting with Property ..... [ ~ Owners 9 9 4 SUBTOTAL A I 1 13 0 0 0 0 0 6 $2,325 ] $500 $3,000 B. NEGOTIATION PREPARATION PHASE ~ I. CoordinateSubconsultemLand/EasementAcquisitionAclivilies/Contracts. 3 l0 2 3. isal~s*' "~ ~ 16 I0 SUBTOTALB 12 ' 29 0 0 0 0 0 23 I $4,380 S40:~ii0 S45,000 3. Acqulsitioncomracts, coordinatepropenyoCv;~cle~ignchange~Z>m~es 2 a ~ a 8 6 ' ~ $22,000