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HomeMy WebLinkAbout2002-02-19 Resolution RESOLUTION NO. 02-51 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: It's Brothers Bar & Grill 125 S. Dubuque Street One-Eyed Jake's 18-20 S. Clinton Street Fieldhouse Restaurant & Nightclub 111E. College Street It was moved by Champion and seconded by 0'Donnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X __ Pfab X __ Vanderhoef X __ Wilburn Passed and approved this [gth dayof Febru~9 CITY~'CLERK City Attorney's Office cler k\res\d anceprm.doc Council Member Champi on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $27,055,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member 0' Donnell seconded the motion to adopt. The roll was called and the vote was, AYES: Wilburn, Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 02-52 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $27,055,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Sewer Revenue Bonds to the amount of not to exceed $27,055,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Emma J. Harvat Hall at Iowa City, Iowa, at 7 o'clock p.M., on the 19th day of February ,2002, for the purpose of taking action on the matter of the issuance $27,055,000 Sewer Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding outstanding Sewer Revenue Bonds, Series 1993, issued by the City. Section 2. The Finance Director and/or City Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this goveming body. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $27,055,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public heating on the 27th day of February, 2002, at 7:00 o'clock P.M., in the Council Chambers, Emma J. Harvat Hall, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of not to exceed $27,055,000 Sewer Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sanitary Sewer Utility. Said bonds are proposed to be issued for the purpose of paying costs of refunding outstanding Sewer Revenue Bonds, Series 1993, issued by the City. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 21st day of February, 2002. s/Marian K. Karr City Clerk of Iowa City, Iowa PASSED AND APPROVED this 19th day of February ,2002. ATTEST: City"~lerk PGOODRICHX310704\I\10714.069 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $27,055,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HEAR1NG ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of t~ City of Iowa City, Iowa, will h0td, a public hearing on the __ day of ,2002, at __ o'clock ~,:M., in the Council Chambers, Emma J. in Iowa City, Iowa, at which meeting the City Council proposes to for the issuance of not to exceed $27,055,000 of said City. Said bonds will not constitute genel~l obligations or be taxation, but will be payable from and secu~d by the net revenues Sanitary Sewer Utility. Said bonds are proposed to"b,e issued for the purpose costs of refunding outstanding Sewer Revenue bonds, Series 1993, is: by the City. At the above or written ob from any resident or property owner of said City to the above After all objections have been received and considered, or at any adjournment thereof, take additional the proposal to issue said bonds. This notice is given by order c body as provided by Section 384.83 of the City Code of Iowa. Dated this __ day of 2002. / City Iowa /~' (End of Notice) -4- Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 02-53 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 2019 G STREET, IOWA CITY, IOWA. WHEREAS, on November 5, 2001, the owner of 2019 G Street executed a Mortgage in the form of a conditional occupancy loan in the amount of $725.76; and WHEREAS, the Mortgage was paid off on February 1, 2002; 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 properly located at 2019 G Street, Iowa City, Iowa from the Mortgage recorded on November 20, 2001, Book 3176, Page 631 through Page 635 of the Johnson County Recorder's Office. Passed and approved this 19th dayof Februar.y ,20 02 . Approved by cITY'CLERK ~ yt~,~tiorney s Office It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X- Wilburn ppdlehab/res/2019-g-st doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 2019 G Street, Iowa City, Iowa, and legally described as follows: The east half of Lot 3, and the west 10 feet of Lot 2, all in Block 27, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof from an obligation of the owner, Simone M. Grace, to the City of Iowa City in the total amount of $725.76 represented by a Mortgage recorded on November 20, 200~ Book 3176, Page 631 through Page 635 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by CI'T'~CLERK City Attorney's Office' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~,¢ -~4. day of /~,¢ ¢-~u¢~cL~, , A.D. 20 8 ;.~- , before me, the undersigned, a Notary Public in and for said County,/in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its Cit,y/Council, as contained in Resolution No. ~ 5'5 , adopted by the City Council on the /¢ 4 day ¢'~j~_, 20 0 Z. and that the said Ernest W. Lehman and Marian K. Kart as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,-*~?t~.l ~ sd~o~eblic ib and for Johnson County, Iowa ppdrehab~ZO19~-$LdOc ~, ~ C( mmission Num~ 1~1/ Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 02-54 RESOLUTION ACCEPTING THE WORK FOR THE SOUTH SYCAMORE REGIONAL GREENSPACE SEEDING PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the South Sycamore Regional Greenspace Seeding Project, as included in a contract between the City of Iowa City and Bush Seeding Company, Inc. of Milan, IL, dated November 19, 2001, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th dayof Feb_r,u'~,y 20 02 Approved by CITY CLERK Cf~y'Attorney ...... sOOfflc'- ~"--~ It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab × Vanderhoef X Wilburn pwenglres/sycarr~¢eseeding doc CRy of ENGINEER'S REPORT February 8, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: South Sycamore Regional Greenspace Seeding Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the South Sycamore Regional Greenspace Seeding Project has been completed by Bush Seeding Company, Inc. of Milan, Illinois in substantial accordance with the plans and specifications prepared by MMS Consultants, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $96,697.60. I recommend that the City of Iowa City accept the above-referenced improvements. S incere~,~/~ R~osse, P.E. City Engineer EAST WASHINGTON STREET · IOWA CI/¥, IOWA $2240-1826 · 1319) .}56 5000 · FAX (319) 356-$009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-55 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR THE RESUBDIVISlON OF LOT 53, WALDEN HILLS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE, WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer improvements for the Resubdivision of Lot 53, Walden Hills, as constructed by C & L Development of Iowa City, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and the public improvements hereby formally accepted and declared open for use. Passed and approved this 19th day of February ,20 02. Approve/d by ,t __ CITT--CLERK Ci/(y"A~i% ~ y's (Of~ It was moved by Champ'ion 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 × O'Donnell X Pfab X Vanderhoef X Wilburn pw~ng~res'Jot53wald dcc Cit of ENGINEER'S REPORT February 11, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Resubdivision of Lot 53, Walden Hills Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer improvements for the Resubdivision of Lot 53, Walden Hills has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office for the sanitary sewer improvements constructed by C & L Development of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer pwen§/It rs/rf-lot53wald doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-56 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR LOT 40, WEST SIDE PARK, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer improvements for Lot 40, West Side Park, as constructed by H.D. Knowling Co. of Coralville, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and the public improvements hereby formally accepted and declared open for use. Passed and approved this ].91:h day of Febr'lJ, a~.y ,20 02. CI'f~LERK Cit~ ~tor~ey's~ Office It was moved by 6hampion and seconded by 0'Donne]l the Resolution be adopted, and upon roll call there were: AYEg: NAYg: ~.BgENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng~res~ ot4Owsideprk.dcc ENGINEER'S REPORT February 11, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Lot 40, West Side Park Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer improvements for Lot 40, West Side Park has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office for the sanitary sewer improvements constructed by H.D. Knowling Co. of Coralville, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard Fosse, P.E. City Engineer pweng/Itrs/d-lot4Owsideprk doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 . (319) 356-5000 ° FAX (319) 356-5009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-57 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WALNUT RIDGE - PARTS EIGHT, NINE AND TEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Walnut Ridge - Parts Eight, Nine and Ten, as constructed by Fisher Excavating, Inc. of Cedar Rapids, Iowa. Paving improvements for Walnut Ridge - Parts Eight, Nine and Ten, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this ]gth day of Feb?.J~r.y ,20 02. Approved by ~ CITY CLERK Cit'~ Attorney's Office It was moved by £hampion and seconded by 0'Donne]] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion % Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn ENGINEER'S REPORT February 11, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Walnut Ridge - Parts Eight, Nine and Ten Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Walnut Ridge - Parts Eight, Nine and Ten has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Fisher Excavating of Cedar Rapids, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard Fosse, P.E. City Engineer pweng/Itrs/rf-wn utddge89 lO.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319I 356-5009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-58 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, PAVING, AND REINFORCED CONCRETE BOX CULVERT PUBLIC IMPROVEMENTS FOR THE RESUBDIVISION OF LOT 52, WALDEN HILLS, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for the Resubdivision of Lot 52, Walden Hills, as constructed by Fisher Excavating, Inc. of Cedar Rapids, Iowa. Paving improvements for the Resubdivision of Lot 52, Walden Hills, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Reinforced concrete box culvert improvements for the Resubdivision of Lot 52, Walden Hills, as constructed by Iowa Bddge & Culved, Inc. of Washington, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 19th day of Febrl ,20 02. Approved by. .. ~ cr'l~ CLERK Cit~ A{t~rn~eY'~' offibe ~' It was moved by (;hampion and seconded by 0'Donne'l] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ;( Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pwenglres~ot52wald doc ENGINEER'S REPORT February 1 'i, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Resubdivision of Lot 52, Walden Hills Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, paving, and reinforced concrete box culvert improvements for the Resubdivision of Lot 52, Walden Hills has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Fisher Excavating, Inc. of Cedar Rapids, Iowa; for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa; and the reinforced concrete box culvert improvements constructed by Iowa Bridge & Culvert, Inc. of Washington, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Rich~sse, P E City Engineer pweng/Itrs/rf-lot52wald doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Marilyn Kriz, Parks & Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356-5110 RESOLUTION NO. 02-59 RESOLUTION ACCEPTING THE WORK FOR THE CIVIC CENTER RE-ROOF PHASE II PROJECT, WHEREAS, the Parks and Recreation Depadment has recommended that the work for the removal and replacement of a portion of the roof and insulation on the Civic Center project, as included in a contract between the City of Iowa City and Academy Roofing of Ankeny, Iowa, dated August 21, 2000, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of February ,2002. Approved by ^TEST: CIT~'GLERK ~ity Attorney's O ~ff~ce It was moved by Champion and seconded by 0'Donne1] 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 Wilbum --X parksrec\res~aoceptccrerooflLdoc Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY' CLERK TO A'I-rEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS, INC, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT, WHEREAS, the City of Iowa City desires to landscape and construct a trail within the South Sycamore Regional Greenspace; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the South Sycamore Regional Greenspace Landscape and Trail Project, all of which shall be called the Project; and WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with MMS Consultants, Inc. to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with MMS Consultants, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in duplicate. Passed and approved this day of ,20, MAYOR Approved by CITY CLERK Ci CONSULTANT AGREEMENT for the South Sycamore Regional Greenspace Landscape and Trail Project THIS AGREEMENT, made and entered into this __ day of ,2002, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and MMS Consultants, Inc. of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City has deemed it desirable to construct a recreational landscape and trail within the South Sycamore Regional Greenspace, hereinafter referred to as the "Project"; and WHEREAS, the City has acquired land for South Sycamore Regional Greenspace and Storm Water Project; and WHEREAS, the City has obtained review, permits and authorizations to proceed from the Army Corps of Engineers, Iowa Department of Natural Resource, the US Fish and Wildlife Service and State Historical Office and Archeological, and WHEREAS, the City did contract for the grading and construction of the South Sycamore Regional Greenspace and Stormwater Project which was completed in 2001, and WHEREAS, the City did contract for the Prairie and Wetland grasses and forbs seeding of the South Sycamore Regional Greenspace and Stormwater Project in which seeding work was completed in December 2001, and WHEREAS, the City Council deems it in the public interest to enter into an agreement with the Consultant for consulting services for design and contracting for the South Sycamore Regional Greenspace Landscape and Trail 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 set forth herein. I. SCOPE OF SERVICES Consultant shall provide for the City professional engineering services in all phases of the project to which this agreement applies as hereinafter provided. These services include serving as City's professional engineering representative for the project, providing professional engineering consultation and advice, and furnishing surveying, civil, landscape architecture, structural and environmental engineering services. Consultant agrees this scope of services shall define the work to be performed by the Consultant. To this end, Consultant agrees to perform the following services for the City and agrees to do so in a timely manner. A. Preliminary Desi;In Phase 1. Provide base map information showing grading and topography as constructed, utilities, drainage ways and structures, land ownership and property lines. 2. Provide inventory and analysis of site conditions based on a site walk through and site analysis to identify opportunities and limitations of the site. 3. Investigate and determine potential trail connections to the Soccer Field Park. Prepare drawing showing preliminary routes, quantities and estimated costs. 4. Investigate and determine potential trail connections to Lakeside Drive. Prepare drawing showing preliminary routes, quantities and estimated costs. 5. Provide preliminary plans for a sidewalk along the west side of Sycamore St. Prepare drawing showing preliminary route, quantities and estimated costs. 6. Provide preliminary site plans, profiles, cross sections and details of trail construction techniques including any alternate alignments, drainage way crossings and other amenities. 7. Provide preliminary landscape plans, including plans for trees and shrubs along the trail. 8. Provide information on sequences, procedures and access which may be required for construction. 9. Prepare an estimate of construction quantities and costs. 10. Communicate and inform the responsible local, State and Federal agencies as the planning progresses. 11. Discuss the preliminary designs, drawings and proposed methods of contracting with City staff as necessary to develop a conclusive agreement on the final Project Facilities. 12. Provide verbal report, brief written notes, cost estimate, outline of specifications with a draft of trail and landscape sections and 30% complete drawings. B. Final Design Phase After approval of the preliminary design and drawings, prepare final design, calculations and 80% complete construction drawings. 2. Prepare detailed construction specifications and contract documents using the City standard specifications modified as necessary to satisfy specific design considerations. 3. Prepare complete site plans, profiles, cross sections and details of trail construction techniques including any alternate alignments, drainage way crossings and other amenities. 4. Prepare estimate of quantities and an opinion of probable construction cost at the 80% completion stage. 5. Submit, discuss and revise the final designs and drawings with City staff frequently. 6. Complete 100% final Drawings, Specifications and Contract Documents to prepare for bid letting. C. Bidding Phase 1. It is assumed there will be a single, unit price contract for the construction of the Trail and Landscape Project. 2. Distribute advance notice to bidders two weeks before the public hearing. 3. Distribute plans and specifications to contractors after public hearing. Include the costs for printing, distribution, mailing or shipping of bidding documents and issuance of addenda. 4. Answer questions or give additional information to City staff and/or bidders, as necessary. 5. Conduct a pre-bid meeting with the contractor(s), City staff and others, if requested by the City. 6. Assist at the bid opening, tabulate the bids received, make an evaluation and provide a recommendation of the award of the contract(s). D. Additional Services The following additional services will be provided by the Consultant upon request. Separate proposals will be prepared as necessary for additional services. When requested or authorized, these services will be provided on the basis of current hourly rates or a negotiated lump sum fee. 1. Construction administration services. 2. Service to modify the construction documents and/or during construction administration if required by additional funding. 3. Prepare Record-of-Construction plans for the completed improvements 4. Daily inspection of construction, measurement and pay estimates, and reports of construction progress as requested by the City. 5. Service to obtain additional funding from any source other than the City. 6. Surveying of preparing plats for appraisal or acquisition of land rights. Services or Expenses which shall be Provided by City 1. Any additional applications and/or permit fees. 2. Acquisition of land rights or easements required for construction. F. Services not Included in this Proposal 1. Environmental assessments and/or impact statements. 2. Investigation and/or mitigation of hazardous materials, if any. 3. Services to monitor the mitigation plan and prepare the annual monitoring reports which are to be submitted by August 31`t each year for a period of five years to the U.S. Army Corps of Engineers, Rock Island District, as part of the Section 404 permit requirements. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Preliminary Design Phase: The preliminary design and drawings (30% completed) will be completed within 30 days after written execution of this Agreement. B. Final Design Phase: The final design, construction drawings and specifications (90% completed) will be completed within 75 days after written execution of this Agreement. C. Bidding Phase: The bidding phase will be completed within 40 days after written notice from the Owner. 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. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 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" amounts 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. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. O. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of 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. The Consultant agrees to furnish all reports, specifications1 and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. 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 of 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. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES The Consultant shall be paid at his/her hourly rate as set forth in the attached Exhibit A, with the total fee for each phase to be within the fee range listed herein below for each phase. Billing statements and written progress reports shall be submitted monthly for payment by the City. A. Preliminary Design Phase: Hourly, Not-To-Exceed $27,200 to $29,700 B. Final Design Phase: Hourly, Npt-To-Exceed $22,250 to $24,100 C. Bidding and Award Phase: Hourly, Not-To-Exceed $6,700 to $7,200 Total fees within phases A, B & C of this contract shall not exceed $61,000.00. 6 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. Title: Title: ~E_~c- / Date: Date: ATTEST: City ~t~r~ey's ~ice - Date S.Sycamore\Consultant Agreement\Trail Agreement. - 1/28/02 Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 02-60 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST THE IOWA DEPARTMENT OF TRANSPORTATION UNIFIED CERTIFICATION PROGRAM AGREEMENT. WHEREAS, the new Disadvantaged Business Enterprise (DBE) requirements contained in 49 CFR Part 26 included a provision for a "one-stop" certification process; and WHEREAS, the lead agency in Iowa is the Iowa Department of T~:ansportation; and WHEREAS, all recipients of federal funds administered by the USDOT, either directly or indirectly, must ratify and comply with the Unified Certification Program; and WHEREAS, it is the public interest to enter into this agreement establishing it as the Unified Certification Program for the State of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The Unified Certification Program attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached agreement. Passed and approved this 19th day of February ,20 02 L~roved by~ CITY CLERK City Attorney's Office It was moved by Champion and seconded by 0'Donne1 ] the Resolution be adopted, and upon roi[ call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~ Pfab X Vanderhoef X Witburn IOWA DEPARTMENT OF TRANSPORTATION (Iowa DOT) UNIFIED CERTIFICATION PROGRAM (UCP) AGREEMENT Development & Proposal The new Disadvantaged Business Enterprise (DBE) requirements contained in 49 CFR Part 26 included a provision for a "one-stop" certification process. The process must be defined and submitted to the Secretary of Transportation for approval within 3 years of publication of the regulations, February 2002. (Attachment A) Failure to develop and execute a UCP agreement will result in a loss of USDOT funding. Impact on Recipient Programs Federal regulations, 49 CFR Part 26, require all USDOT fund recipients implement a UCP within three years. The statewide UCP must establish a single uniform process or "one stop- shopping" for DBE applications, certifications, and development of a single point DBE Directory. All USDOT recipients will be required to ratify the UCP agreement and all DBE certifications by the Iowa DOT will be binding. The UCP will not establish, recommend or alter any agencies' overall DBE Program, other than to supplement an approved program submittal, DBE goal, or goal methodology. DBE goal development, administration, monitoring, and reporting remains the soul responsibility of the agency with a USDOT approved DBE Program in accordance with 49 CFR Part 26, subject to any oversight requirements of the lead agency. Any agency that elects not to establish a DBE Program as set forth in 49 CFR Part 26 will be required to adopt and implement the lead agency's program. The lead agency in Iowa is the Iowa DOT for the majority of the recipient's USDOT federal funds. Reciprocity The Iowa DOT may elect to enter into a written reciprocity agreement; with UCPs in other states or regions. Process Review The Iowa DOT has developed an application letter, approval letter, and certificate of approval. (Attachments B, C, & D) The current DBE application will be used due to the impending application under development by the USDOT. Ratification Process All recipients of federal funds administered by the USDOT, either directly or indirectly, must ratify and comply with the UCP agreement. Failure to ratify the agreement may result in the loss of federal funds from the Iowa DOT and/or the USDOT. Page 1 Initial Consolidation The Iowa DOT will review all firms that make a written request to determine eligibility under 49 CFR. Part 26. The Iowa DOT will review any investigative information, the certification file, and any other documentation provided. The Iowa DOT will then make a determination as to whether or not the firm meets the eligibility requirements. The firm may appeal this decision to the Appeals Committee. After the effective date of this Agreement, only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the Iowa DOT. Appeals Process The Appeals Committee will consist of 5 members. The Appeals Committee will give the firm the opportunity for administrative re-consideration of the eligibility determination. As required in the DBE regulations, a firm may appeal directly to the USDOT, however, if they choose to appeal to the Iowa DOT Appeals Committee, they do not forfeit the right to appeal to the USDOT, within the time frame provided in 49 CFR Part 26. Initial Certification Applicant Denials - When a firm is denied certification, a certified letter is sent in which they are given the opportunity to appeal that decision, to an internal DBE Appeals Committee. To do this, they must request an appeal, in writing, within 15 days of their receipt of the letter. If an appeal is requested the firm is contacted within 3 days to schedule the appeal. If the denial is upheld by the Committee, the DBE firm has the right to appeal to the USDOT within 180 days of the notice. Denial of Re-Certification and De-Certifications - When a certified firm is decertified or denied recertification, they are sent a certified letter in which they are given the opportunity to appeal that decision, to an internal DBE Appeals Committee. To do this, they must request an appeal, in writing, within 15 days of their receipt of the letter. Administrative Removal of Eligibility - In circumstances where a certified firm, or a new applicant firm, has failed to submit required documentation or exceeded Personal Net Worth thresholds, there will be no administrative re-consideration. Those circumstances include: · Any certified firm that does not submit the annual update required in 49 CFR Part 26 will have certification removed for failure to comply after 45 days from the date the update was due. The update is due March 1st of every year. Failure to submit the update is not appealable. · Any firm previously certified and denied certification due to exceeding the Personal Net Worth cap by the disadvantaged owner is not appealable. If any certified firm's disadvantaged owner's Personal Net Worth exceeds the cap within the 3 year period of certification, the eligibility of the firm will be removed. Removal of certification for exceeding Personal Net Worth is not appealable. Page 2 SIC/NAIC Codes The Iowa DOT agrees to certify all firms in compliance with 49 CFR Part 26, including designating specific work types. The Iowa DOT agrees to use the SIC/NAIC codes for those designations. Any firm may request modification and/or additions to their approved codes by making a written request to the Iowa DOT. The request must include the equipment and experience indicating the finn's ability to perform the particular work type. In addition, the firm must submit documentation of past contracts on which the firm has performed the specific type of work. A sample request application is set out in Attachment E. 3rd Party Challenges The Iowa DOT shall accept written complaints from any person alleging that a certified firm is ineligible. The complaint must state specific reasons for ineligibility and submit any documentation in support of the complaint. The firm being challenged will be notified by the Iowa DOT, in writing, of the challenge, the basic grounds, and relevant regulations. The Iowa DOT shall thoroughly investigate the complaint, within a reasonable time, not to exceed 60 days. The agency shall notify the DBE in writing, by certified mail, of the preliminary findings. If reasonable cause to remove certification eligibility is found, the Iowa DOT will notify the complainant of the specific grounds and inform the finn of the right to appeal the preliminary finding to the Iowa DOT. The Appeals Committee will be the hearing board for all challenge~ to currently certified firms. This does not include denial of re-certifications or new certification requests. The firm may request an appeal to the Iowa DOT, in writing, of the intent to remove certification within 15 days of the date of the notice. The USDOT may notify the Iowa DOT of reasonable cause to find a certified DBE firm to be ineligible and the Iowa DOT shall immediately removed the certification eligibility of that firm. Supportive Services Assistance is provided to all DBE certified firms in the following areas. · preparation of the certification application · information about how to obtain bidding documents and plans · plan reading · dealing with contractors · information about dealing with the Iowa DOT · assistance in developing loan packages and financial statements Page 3 ATTACHMENTS Attachment A 49 CFR. Part 26 §26.81 What are the requirements for Unified Certification Programs? (a) You and all other DOT recipients in your state must participate in a Unified Certification Program(UCP). (1) Within three years of [insert date 30 days after date of publication in Federal Register], you and the other recipients in your state must sign an agreement establishing the UCP for that state and submit thc agreement to the Secretary for approval. Thc Secretary may, on the basis of extenuating circumstances shown by the recipients in the state, extend this deadline for no more than one additional year. (2) Thc agreement must provide for the establishment ora UCP meeting all the requirements of this section. The agreement must specify that the UCP will follow all certification procedures and standards of this part, on the same basis as recipients; that the UCP shall cooperate fully with oversight, review, and monitoring activities of DOT and its operating administrations; and that the UCP shall implement DOT directives and guidance concerning certification matters. Thc agreement shall also commit recipients to ensuring that the UCP has sufficient resources and expertise to carry out the requirements of this part. The agreement shall include an implementation schedule ensuring that the UCP is fully operational no later than 18 months following the approval of the agreement by the Secretary. (3) Subject to approval by the Secretary, the UCP in each state may take any form acceptable to the recipients in that state. (4) The Secretary shall review the UCP and approve it, disapprove it, or remand it to the recipients in the state for revisions. A complete agreement which is not disapproved or remanded within 180 days of its receipt is deemed to be accepted. (5) If you and the other recipients in your state fail to meet the deadlines set forth in this paragraph (a), you shall have the opportunity to make an explanation to the Secretary why a deadline could not be met and why meeting the deadline was beyond your control. If you fail to make such an explanation, or the explanation does not justify the failure to meet the deadline, the Secretary shall direct you to complete the required action by a date certain. If you and the other recipients fail to carry out this direction in a timely manner, you are collectively in noncompliance with this part. (b) The UCP shall make all certification decisions on behalf of all DOT recipients in the state with respect to participation in the DOT DBE Program. Page 4 (1) Certification decisions by the UCP shall be binding on all DOT recipients within the state. (2) The UCP shall provide "one-stop shopping" to applicants for certification, such that an applicant is required to apply only once for a DBE certification that will be honored by all recipients in the state. (3) All obligations of recipients with respect to certification and nondiscrimination must be carried out by UCPs, and recipients may use only UCPs that comply with the certification and nondiscrimination requirements of this part. (c) All certifications by UCPs shall be pre-certifications; i.e., certifications that have been made final before the due date for bids or offers on a contract on which a firm seeks to participate as a DBE. (d) A UCP is not required to process an application for certification from a firm having its principal place of business outside the state if the firm is not certified by the UCP in the state in which it maintains its principal place of business. The "home state" UCP shall share its information and documents concerning the firm with other UCPs that are considering the firm's application. (e) Subject to DOT approval as provided in this section, the recipients in two or more states may form a regional UCP. UCPs may also enter into written reciprocity agreements with other UCPs. Such an agreement shall outline the specific responsibilities of each participant. A UCP may accept the certification of any other UCP or DOT recipient. (f) Pending the establishment of UCPs meeting the requirements of this section, you may enter into agreements with other recipients, on a regional or inter-jurisdictional basis, to perform certification functions required by this part. You may also grant reciprocity to other recipient's certification decisions. (g) Each UCP shall maintain a unified DBE directory containing, for all firms certified by the UCP (including those from other states certified under the provisions of this section), the information required by §26.31. The UCP shall make the directory available to the public electronically, on the internet, as well as in print. The UCP shall update the electronic version of the directory by including additions, deletions, and other changes as soon as they are made. (h) Except as otherwise specified in this section, all provisions of this subpart and subpart D of this part pertaining to recipients also apply to UCPs. Page 5 Attachment B Thank you for your interest in the Iowa Department of Transportation's Disadvantaged Business Enterprise Program. The certification process is perhaps the most critical single element of DBE program administration, since it is to determine eligibility for participation in the program. As such, it is a state's first line of protection against program abuse. In order to be certified, a firm must be: · A small business as defined by Section 8(d) of the Small Business Act and as amended by TEA-21of 1998. (13 CFR, paragraph 121.3-8, lists definitions for small businesses by industry type.). TEA-21 of 1998 restricts the size of small businesses to $17.42 million three-year average gross income. · Owned (at least 51 percenO by a socially and economically disadvantaged person or persons; and · Controlled by a socially and economically disadvantaged person or persons. To qualify as a Disadvantaged Business Enterprise (DBE) your firm must meet the eligibility standards established in Part 26, Title 49 of the Code of Federal Regulations, published February 2, 1999. Additional requirements were also passed in the Transportation Equity Act for the 21st Century (TEA-21).The Congress directed the U.S. Secretary of Transportation to establish minimum uniform criteria for state governments to use in certifying that a firm qualifies for participation in the DBE program. As a minimum, according to the Act, the criteria include on- site visits, field interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resumes of principal owners, financial capacity, type of work performed, and notarized statement of personal net worth and that each DBE owner is, in fact, socially and economically disadvantaged. A copy of the rules are available upon request from the Iowa Department of Transportation's Office of Contracts. Upon receipt of the completed Certification Application, the Department will evaluate the information submitted to determine compliance with the above criteria. It is, therefore, imperative that your application and any attached documentation provide evidence of the ownership and control of your firm. You shall also show that your firm has the resources necessary to perform the work you indicated. Only those firms which have been certified under this process can be considered for participation in the Department's DBE Program. To ensure a timely review of your application, you must answer all questions and submit all requested documentation. If yours is a recently established firm, and portions of the application do not seem applicable, please place (NA) on the questions that do not apply. Failure to complete portions of the application and to submit the requested documentation will delay the certification process. Sincerely, EEO Administrator Page 6 Certificate No. Disadvantage Business Enterprise Certification This Certifies That Has met the requirements under the rules promulgated by the U.S. Department of Transportation pursuant to 49 Code of Federal Regulations, Part 26, and is eligible to participate as a Disadvantaged Business Enterprise in the lowa Department of Transportation DBE Program Issue Date: Expiration Date: Craig J. Russell, EEO Administrator Roger E. Bierbaum, P.E., Contracts Engineer This certification may be revoked by the department upon finding of ineligibility and said company is subject to examination at any time and maybe required to supply additional information for review notwithstanding the issuance of this certificate. Page 7 Attachment D Date Co. Name Address City, ST Zip Dear: The Iowa Department of Transportation (Iowa DOT) has approved the eligibility of COMPANY NAME for credit on Iowa DOT contracts performing a commercially useful function in the area(s) of: WORK TYPES CERTIFIED FOR. For record-keeping purposes Iowa DOT is counting COMPANY NAME. as a Woman/Disadvantaged Business Enterprise (W/DBE). If the firm should develop the resources, including equipment and personnel, to become involved in other areas, you should notify our office before quoting contracts in those other areas. The certification of eligibility is valid for three years from Month Day, 200? to March 1,200?. Enclosed with this approval letter is your DBE Certification Certificate. Your firm's name will be retained on our list of certified DBE's. This determination is based on information provided to the Iowa DOT on the Schedule A Form Application for Determining Disadvantaged Business Enterprise, and the Social and Economic Disadvantaged Forms. Should this information change, you must complete a new application within I0 days of the change. In addition, Iowa DOT reserves the fight to rescind this certification, should the information upon which it is based is proven false, inaccurate, or misleading. You will be required to submit a Recertification Form to renew certification every three years, with Personal Financial Statements each year.. These forms will be supplied by the Office of Contracts, EEO Section. Iowa DOT has the responsibility for providing technical assistance to DBE firms for our .. highway projects. These services are currently being provided by the Office of Contracts at 515-239-1422. Certified firms are encouraged to utilize this office for assistance. If you have any questions, please feel free to contact this office. Sincerely, Compliance Officer Page 8 Attachment E DISADVANTAGED BUSINESS ENTERPRISE Request for Standard Industry Classification (SIC) Code Review Name of Firm: Street Address: City: State: Zip: Description of SIC Code Addition Requested List and attach documentation of the $ largest contracts or supply invoices completed for the SIC code requested. Owner/Contractor Phone Contract Project Name/Location Type of Work Performed Amount List all equipment you own or lease used to perform the work for the SIC code requested. Copies of current lease agreements or proof of payment must be attached. Type of Equipment Make Model Year Date Acquired Present Value Please attach any other documentation or information relevant to the review of the SIC code your firm requested. This can include documentation of technical licenses, leases of property or facilities, training or expertise. Signature Printed name Title Date Page 9 State of Iowa Recipients CITIES Clinton George Marion Shelby Ackley Clive Greenfield Marshalltown Sheldon Albia Coin Grinnell Mason City Shell Rock Algona Conrad Grundy Center Maxwell Shenandoah Allison Coralville Guthrie Center Milford Sioux Center Altoona Council Bluffs Harlan Monona Sioux City Ames Creston Hiawatha Mt. Pleasant Spencer Anamosa Davenport Hinton Mount Vemon Storm Lake Ankeny De Witt Hudson Muscatine Story City Asbury Decorah Hull Nevada Strawberry Atlantic Delmar Ida Grove New Hampton Point Bellevue Denison Independence Newton Tiffin Bettendorf Denver Indianola North Liberty Iowa City Blakesburg Des Moines Iowa City 0elwein Urbandale Bloomfield Dubuque Iowa Falls Onawa Van Home Bonaparte Dyersville Johnston Osage Vinton Boone Dysart Keokuk Oskaloosa Washington Burlington Eagle Grove Kiron Ottumwa Waterloo Carroll Eldon Knoxville Pella Waverly Casey Eldridge La Porte City Peosta Webster City Cedar Falls Estherville Lansing Perry West Liberty Cedar Rapids Waterloo LeMars Pleasant Hill Wheatland Centerville Fairfield Leon Red Oak Windsor Hgts Charles City Forest City Madrid Redfield Cherokee Fort Dodge Manchester Bettendorf Clear Lake Fort Madison Manning Rudd Fredericksburg Maquoketa Sergeant Bluff AIRPORT Clarion Greenfield Marshalltown Sac City Ames Clinton Grinnell Mason City Sheldon Ankeny Council Bluffs Guthrie County Monticello Shenandoah Atlantic Creston Hampton Mount Pleasant Sioux City Audubon Davenport Harlan Muscatine Spencer Belle Plaine Connell Flying Humboldt Newton Spirit Lake Bloomfield Service Independence Oelwein Storm Lake Boone Denison Knoxville Orange City Vinton Burlington Des Moines Iowa City Osceola Washington Carroll Dubuque Iowa Falls Oskaloosa Waterloo Cedar Rapids Emmetsburg Jefferson Ottumwa Waverly Centerville Estherville Keokuk Pella Webster City Chariton Fairfield Lamoni Perry West Union Charles City Forest City LeMars Pocahontas Cherokee Fort Dodge Mapleton Red Oak Clarinda Fort Madison Maquoketa Rockwell City Page 10 TRANSITS Northeast Iowa Community (Atlantic) Ames Transit Agency Action Corp. (Decorah) Area XIV Agency on Aging City of Bettendorf Spencer Regional Transit (Creston) Burlington Urban Service Siouxland Regional Transit SE Iowa Community Five Seasons Transportation (Sioux City) Action Org. (Burlington) (Cedar Rapids) MIDAS (Fort Dodge) Sioux City Transit Clinton Municipal Transit Region 6 Planning Comm. Heart of Iowa Regional City of Council Bluffs (Marshalltown) Transit (Des Moines) Davenport CitiBus Iowa Northland Regional Dart - City of Fort Dodge Des Moines METRO Transit (Waterloo) Coralville Transit System Keyline Transit Dubuque Regional Transit Marshalltown Municipal Iowa City Transit Great River Bend Service Transit U of I, Dept. of Parking & (Davenport) Metropolitan Transit Transportation East Central Iowa Council (Waterloo) City of Mason City of Govemments U of I - Transit Manager Muscatine City Transit (Cedar Rapids) City of Albia Ottumwa Transit Authority Region 12 Council of City of Algona Governments (Carroll) SW Iowa Planning Council COUNTIES Clay Hardin Marion Sioux Adair Clayton Harrison Marshall Story Adams Clinton Henry Mills Tama Allamakee Crawford Howard Mitchell Taylor Appanoose Dallas Humboldt Monona Union Audubon Davis Ida Monroe Van Buren Benton Decatur Iowa Montgomery Wapello Black Hawk Delaware Jackson Muscatine Warren Boone Des Moines Jasper O'Brien Washington Bremer Dickinson Jefferson Osceola Wayne Buchanan Dubuque Johnson Page Webster Buena Vista Emmet Jones Palo Alto Winnebago Butler Fayette Keokuk Plymouth Winneshiek Calhoun Floyd Kossuth Pocahontas Woodbury Carroll Franklin Lee Polk Worth Cass Fremont Linn Pottawattamie. Wright Cedar Greene Louisa Poweshiek Cerro Gordo Grundy Lucas Ringgold Cherokee Guthrie Lyon Sac Chickasaw Hamilton Madison Scott Clarke Hancock Mahaska Shelby Page 11 Recipient Signature(s) Federal Regulations 49 CFR Part 26 requires all recipients in the state to sign this agreement establishing this document as the UCP for the State oflowa. By your signatures, you are completing that agreement. Please obtain all necessary signatures and return this pa~e only to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Iowa City Mrport / City of Iowa City Recipient Name (i.e. City/County/Transit) ~t W. Lehman, M~yor) .Attest (Marian K. Karr, City Clerk) (Name (Name & (Name & Title) (Name & Tit~ (Name & Title) / / / (Name ! Title) (Name & ! Page 12 Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-61 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT SANITARY SEWER EASEMENT AGREEMENT IN CONNECTION WITH LOTS 39 AND 40, WEST SIDE PARK, IOWA CITY, IOWA. WHEREAS, the City Public Works Department has determined that a permanent sanitary sewer easement located on Lot 40, West Side Park, Iowa City, Iowa, in favor of the City, is necessary for City sanitary sewer service for Lots :?,9 and 40, West Side Park, Iowa City, Iowa; and WHEREAS, property owner A&L Holding Company has executed the necessary easement agreement; and WHEREAS, the Public Works Department has reviewed the easement agreement and recommends its execution by the City; and WHEREAS, it is in the public interest to execute said easement agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to execute the permanent sanitary sewer easement agreement with the above-named property owner. 2. The Mayor is hereby authorized to sign and the City Clerk to attest, the easement agreement with the above-named property owner attached hereto. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached easement agreement, said recording costs to be paid by the above-named property owner. Passed and approved this ~gth day of February ,20 07 · Approved by CiT't"CLERK C i~ ~",z~t'~ r n ey~"Offi ce mitch/C/C hezik-S~yer~ Resolution No. 02-61 Page 2 It was moved by Champion and seconded by 0'Donnel 1 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 Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356-5030 PERMANENT SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between A&L Holding Company "OWNERS," and City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNERS and CITY agree as follows: 1. OWNERS hereby grant and convey to CITY a permanent easement for the purpose of operating, maintaining, using and reconstructing such sanitary sewers as the CITY shall, from time to time, elect to use for the conveyance of sanitary sewerage, and all necessary appliances and fittings for use in connection with said public improvement, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over, through and across the permanent easement area, as shown and described on Exhibit "A" attached hereto and by this reference made a part hereof (hereafter "Easement Area"). 2. OWNERS further grant to CITY the following rights in connection with the above uses: a. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said Easement Area. b. The right, from time to time, to trim and cut down and clear away all trees and brash on the Easement Area which now or hereafter, in the opinion of CITY, may be a hazard to said Easement Area, or which may interfere in any manner with CITY's exercise of its rights herein. c. The right to enter onto land beyond the Easement ,a~ea and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. CITY's right to do such work shall be effective only upon CITY's prior notice to OWNERS, and with minimal disruption of area. In the event of such emergency repair, CITY agrees to restore said area substantially to its prior condition, as set forth in Paragraphs 3 and 4 below. 3. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. CITY shall indemnify OWNERS against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Easement Area has been completely restored as set forth above and except as expressly provided in this Easement Agreement, CITY shall have no responsibility for maintaining the Easement Area. 4. CITY acknowledges and agrees to remove and stockpile existing topsoil from areas to be excavated; and all areas within the Easement Area which are disturbed shall have stockpiled topsoil respread and seeded within a reasonable time after construction is complete and the Easement Area restored substantially to its original condition with the exception of the replacement of trees, shrubs, and brush. 5. OWNERS and CITY acknowledge that OWNERS reserve the right to use said Easement Area for purposes which will not interfere with CITY's full enjoyment of its rights hereby granted; provided, that OWNERS shall not erect or construct any building or other structures; drill or operate any well; construct any reservoirs or other obstructions on said Easement Area; and will not diminish or add to the ground cover over said Easement Area. OWNERS shall not permit any other utility to be put in longitudinally in the Easement Area. OWNERS may plant trees and shrubs on the Easement Area but in the event CITY must disturb or remove said trees and shrubs pursuant to its easement rights described above, CITY shall have no obligation to replace said trees and shrubs, or compensate OWNERS for the same. OWNERS may construct a fence over or upon the Easement Area, but only after submittal to CITY of a schematic design and prior written approval of the City Engineer, which approval shall not be unreasonably withheld. In the event of such approval and construction of a fence by OWNERS, CITY shall have no obligation to repair or replace such fence, or compensate OWNERS for the same, in the event that CITY must disturb or remove the fence pursuant to its easement rights described above. CITY further agrees that nothing in this Easement Agreement shall in any way preclude OWNERS from causing, allowing or permitting utilities to cross the Easement Area, but only upon CITY's approval, which approval shall not be unreasonably withheld, and only if said utilities cross the Easement Area in a perpendicular direction. 6. OWNERS hereby covenant with CITY that OWNERS are lawfully seized and possessed of the real estate above described by virtue of legal and/or equitable title, and that they have good and lawful right to convey the Easement herein. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at OWNERS' expense. Datedthis February 19, 2002 CITY OF IOWA CITY, IOWA 1V~arian r. rarr~ City Cl~-rk Approved by City ~omey's~ffice 4 OWNERS //J~n Chezik, President OWNERS' ACKNOWLEDGEMENT STATE OF !4~SOURI ) ss, co TY On this r/I'~ day of"-- '-/J~'~AL~ , 2001, before me the undersigned, a Notary Public in and for the State of Missouri, personally appeared John Chezik to me personally known, who being by me duly sworn, did say that he is the President of said corporation; that no seal has been procured by the said corporation, that said instrument was signed on behalf of said corporation by authority of its Board of Directors, and that the said John Chezik as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. NOTARY PUBLIC, STATE OF MISSOURI CITYIS ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this Iq day of ~--~'u~y ~-2,00-}, before me, the undersigned, a Notary Public in and for said County, in said State, 15ersonally 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. Notary Public in and for the State of Iowa t I Commission Number t 59791[ I'.~E'l ~ Commission Explma I i"~-g-i :~-- 7~,~ I EXHIBIT I-/-~,,~ C IVl C I~ / -" '""' M ORM ON T R E K B L V D. ~N 89'52'26" E ~ ~ ~.~ POINT OF BEGINNING ~ 9~ :.2 ~ ) / EASEMENT"A" /DI~I_ 120' SANITARY ~ b~ SEWER EASEMENT "A" ~ ~ EXISTING ~ ~ ~ -- MANHOLE AuJ~tor s Parcel ~ ~ ,2001070 ~ ~ , - ~ ~ c~ ~ ., , ~~ t ~~~~,. AuO~I or s Parcel CS0-DWG~97049~97049b~g7049B-04,dwq, 01/10/02 01:55:1 ~ PM SANITARY SEWER EASEMENT "A" A strip of land 20 feet wide, ten feet on each side of the following described centerline located within Auditor's Parcel 2001071, as recorded in Plat Book 43 - Page 134, and also located within Lot 40, West Side Park, Iowa City, Iowa, as recorded in Plat Book 24 - Page 45 and Plat Book 42 - Page 228, Johnson County Recorder's Office, to-wit: Beginning on the north line of said Auditor's Parcel 2001071 at a point N 89032'26" E - 36.40 feet from the NW corner thereof; thence S 03°11'19" E - 128.06 feet along said centerline to the end of said easement. Said Easement "A" contains 12,357 square feet or 0.28 acre. Prepared by: Mitchel T. Be~Asst. City Attorney, 410 East Washington St., Iowa City, IA 319) 356-5030 PERMANEN~ THIS AGREEMENT, made and, entered into by and Company "OWNERS," and City of Iowa City,,~owa, a municipal 7, In consideration of their mutual promises herein, OWNERS and s: 1. OWNERS hereby grant and conv~y~ to CITY a easement for the purpose of operating, maintaining, using and sanitary sewers as the CITY shall, from time to time, elect sewerage, and all necessary appliances and fittings for use in said public improvement, together with adequate protection thereof and with right of ingress and egress thereto, over, through and across the area, as shown and described on Exhibit "A" attached hereto and by (hereafter "Easement Area"). 2. OWNERS further grant to uses: a. The right of grading said Area the full width thereof, and the fight to extend the cuts and fills b. The right, trim and cut, and clear away all trees and brash on the Easement Area now or hereafter the opinion of CITY, may be a hazard to said Easement or which may in any manner with CITY's exercise of its rights c. The ri~t to enter land beyond t~,e and conduct emergency repair which may Area, without obtaining a separate temporary CITY's right to do such v shall be effective only upon CITY's prior and with minimal In the event repair, CITY agrees to restore said area substantially to its prior condition, ~ set forth in Paragraphs 3 and 4 below. 3. CITY shall promptly any trench made by it, and repair any damages caused by CITY within including any damages by virtue of future excavation or use of the Easement but excluding the replacement of trees, shrubs and brash on the Easement Area. OWNERS against loss or damage which occurs as a result, in the exercise of its easement rights herein. Once the Area has been completely restored as set forth above and except as 2 expressly provided in this Easement Agreement, CITY shall have no responsibility tbr maintaining the Easement Area. 4. agrees to remove and topsoil from areas to be and all areas are disturbed shall have stockpiled seeded within a reasonable construction is complete and the Easement restored substantially to its ori condition with the exception of the and brush. 5. OWNERS reserve the right to use said Easement Area for will not interfere full enjoyment of its rights hereby granted; provided, that erect or construct any building or other structures; drill or operate reservoirs or other obstructions on said Easement Area; and will not ground cover over said Easement Area. OWNERS shall not permit to be put in longitudinally in the Easement Area. OWNERS may plant trees shrubs on the Easement Area but in the event CITY must disturb or remove said stumbs pursuant to its easement rights described above, CITY shall have no to replace said trees and shrubs, or compensate OWNERS for the same. a fence over or upon the Easement Area, but only after submittal to prior written approval of the City Engineer, which shall not withheld. In the event of such approval and construction c by CITY shall have no obligation to repair or replace such fence, or for the same, in the event that CITY must disturb or remove the described above. CITY further agrees t~at nothing in this shall in preclude any way OWNERS from caus~g, allowing or permitting to cross the Easement Area, but only upon CITY's ap}firoval, which approval shall ~ withheld, and only if said utilities cross th~Easement Area in a 6. ~ eW~ e aEiRe~t ahteer eabbYo~eO V~ens~ :b~idt hb yC IvTi Yr t u ~ ac tf ?eT Ea nR~ c rar; ~au itW~a'bllleY 1 si~ e dan~tn d~ pa~) s stheeS; ehdavOef good and lawful r'~ght to convey the Easement herein. 3 7. The provisions hereof shall inure to the benefit of and bind the s respective parties hereto; shall be deemed to apply to and r to the land; and shall be recorded in the Johnson Office, at OWNERS' Dated tlilP en~ CITY OF IOWA C~Q,.xOWA By: Ernest W~ Lehman, Mayor ~ By:. Marian K. Kan', City Clerk Approved by City X~tomey's{Office 4 OWNERS~ STA2E OF~II~SOURI ) ~ th~s day of 2001, before me the ~dersigned, a ~o~ary~c ~n S~aee H~ssourS, personally appeared John Che~k ¢o me personal~ kno~, e~ng by me duly sworn, d~d say ¢ha~ he ~s ~he ~res~d~ of sa~d ; Chat no seal has been procured by Che sa~d ~orat~on, sa~d ~ns~rmen~ was s~gned on behalf of sa~d by ~¢s Board of D~rec¢ors, and Cha¢ ~he sa~d John C~ez~k as such acknowledged Che execu¢~on of sa~d ~nsCr~ent to be/¢he voluntary acc ~ deed of sa~d corpora¢~on, by ~¢ on~ by h~mvol~n¢~r~ly executed. NOTARY PUBLIC, STATE OF MISSOURI CITY'S STATE OF IOWA JOHNSON COUNTY On this __ day of 2001, the undersigned, a Notary Public in and for said County, in said State, Ernest W. Lehman and Marian K. Kart, to me personally known, did say that they are the Mayor and City Clerk, respectively, of said municipal the within and foregoing instrument; that the seal affixed thereto is the seal of said r cipal corporation; that said instrument was signed and sealed on behalf of said municipal by authority of City Council of said municipal corporation; and that the said and Marian K. Kart acknowledged the execution of said instrunaent to be the act and deed and said municipal corporation, by it and by them voluntarily executed. Notar in and for the State of Iowa .... :::' : :M"OR MON T R E K V D . 89'3: C ~' ~58:9.4') ........ POINT OF BEGINNING EASEMENT l¢1~ I_ ~ 20' SANITARY - ~ ~SEWER EASEMENT"A" ~ q ~ EXISTING ~~ ~~ ~ --MANHOLE Au ~tor's P rcel ~', 8 ~ (43-13, m '' ~1 ~ I ~ ()=Record~ ~ Pbk43-PQ1 ~udi':or's ~arcol (Curve ~ 43- ~34) A=08'38' 1 6" R=872.51' L=131.54' C:~0-DWG~97049~O7049b~O7049B-04.dwq, 01/10/02 01:55:17 PM SANITARY SEWER A strip of land 20 feet wide, ten feet on each side of I following described centerline located within Auditor's Parcel 2001071, as Plat Book 43 - Page 134, and also located within Lot~, West Side Park, Iowa ( iowa, as recorded in Plat Book 24 - Page 45 and P~t Book 42 - Page !8/ lson County Recorder's Office, to-wit: %,~ / 'N Beginning on t,h,e n. orth line of s~l~ Auditors' rcE :31071 at a point N 89°32 26 E - 36.40 feet fr~m the corner thereof; thence S 03°11'19" E - 128.06 centerline to the end of said easement. Said Easement "A" cont~ins 12,357 or 0.28 acre. Prepared by: Klm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 02-62 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN 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 TH Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 12 day of March, 2002, 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, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 19~h day of March, 2002, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 19th dayof Febru~r.y ,20 02 . Approved by . C~T~CLERK C~t~ ~t&ne~'s Office pweng~res~prai~educhienad doc 9/99 Resolution No. 02-62 Page 2 It was moved by Pfab and seconded by Champion 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 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 02-63 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD LANDSCAPE IMPROVEMENTS 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 the Civic Center, until 10:30 a.m. on the 12th day of March, 2002, 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, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 19th day of March, 2002, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 19th day of Februp~y ,20 02 Approved by ClT~"-CLERK Ci~ At{(~r~e~"~(~ffic~ -'~ Resolution No. 02-63 Page 2 It was moved by Wi 1 burn and seconded by Pf~b the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion Z Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn ADVERTISEMENT FOR BIDS IOWA CITY LANDFILL SALVAGE BARN & FURNITURE PROJECT BUILDING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2 P.M. on the 12th day of February, 2002, 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 February, 2002, or at such later time and place as may be scheduled. The Project will involve the following: A Design-Build Pre-Engineered 4000 S.F. Metal Storage Building for the Iowa City Landfill, Salvage Barn and the Furniture Project All work is to be done in strict compliance with the plans and specifications prepared by Engineering Division of the City of Iowa City, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City 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 until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Stad Date: March 1,2002 Specified End Date: June 15, 2002 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the off~ce of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Engineering Division of the City of Iowa City, 410 E. Washington Street, Iowa City Iowa, by bona fide bidders. No fee is required for each set of plans and specifications provided to bidders or other interested persons. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pweng'~m asters~ad bids doc 9/99 Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 02-64 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL SALVAGE BARN AND FURNITURE PROJECT BUILDING PROJECT. WHEREAS, United Builder's Center of Walker, Iowa has submitted the lowest responsible bid of $104,475.00 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 United Builder's Center, 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 cedificates, and contract compliance program statements. Passed and appmvedthis 19th day of February ,20 02 Appr,oved by cI'r'Yh3LERK CJt~ ~J~o~n~y's~ Office pwengVes~wardlandfill.doc 9~99 Resolution No. 02-64 Page 2 It was moved by Champion and seconded by Wi 1 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 Wilbum ADVERTISEMENT FOR BIDS HIGHWAY 6 RECREATIONAL 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 February, 2002, 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 net 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 19th day of February, 2002, or at such later time and place as may be scheduled. The Project will involve the following: Construction of a 10' wide PCC recreation trail along the south side of Highway 6 from the Iowa River Trail to Hollywood Boulevard. Also included are three storm intakes and piping, curb ramps, pedestrian refuge islands, PCC drainage flume, seeding, and related work. All work is to be done in strict compliance with the plans and specifications prepared by Shive- Hattery, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days 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 AF-1 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 Late Start Date: June 17, 2002 Liquidated Damages: $400 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 Department of Public Works Engineering Division, City 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 the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. 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 Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 02-65 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AFl'EST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 RECREATIONAL TRAIL PROJECT, WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $178,061.43 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 Metro Pavers, 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 19th dayof February ,20 02 Approved by CITY~LERK C i~y' At~o~n e y's "0 ~'~- It was moved by 0' Donne'l ] and seconded by W~'I burn 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 Wilburn Prepared by: Ross Spilz, Civil Engineer, 4J 0 E. Washington St., Iowa City, IA 52240 319-356-5149 RESOLUTION NO. 02-66 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 6 RECREATIONAL TRAIL PROJECT. WHEREAS, the City of Iowa City desires to construct the Highway 6 Recreational Trail Project ("Project") which includes constructing a 10-foot wide concrete trail along the south side of U.S. Highway 6 beginning at the Iowa River and terminating at the west end of Hollywood Boulevard; 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 to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultant, Shive-Hattery, Inc., 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. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the Highway 6 Recreational Trail 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. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement 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. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of 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. Resolution No. 02-66 Page 2 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. 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 lgth day of February ,20~?.~. CITY'CLERK City Attorney'S'Office It was moved by Wilburn and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn pweng\res\hwy6trall-acq.doc