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HomeMy WebLinkAbout2006-04-04 Resolution 1V\~0 ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-95 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF lOW A CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: First Avenue Club 1550 S. First Avenue Passed and approved this 4 th day of ~. ,2006 , WAU~ MAYOR ATTEST: );~.d.xJ f!. ~J CIT . CLERK Approved by ~~ \,c,-O\,.., City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Bailev the AYES: NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn ---X.-..-- ----'L- X ~ ~ X ---X- ^' I ..'-/.;J c:: Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. Ofi-Qfi RESOLUTION SETTING A PUBLIC HEARING ON APRIL 18, 2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE ROUNDABOUT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18th day of April, 2006, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 4th day of Aoril , 2006. Q~ l~ ~tl~~ Mayor ATTEST: ~(~~)k. "t.i~L) City lerk Approved by: ~. (~ 3 -~OL'''' City Attorney's Office Resolution No. Page 2 06-96 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: y x X X y x x ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn NI{' [;[ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-97 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 2774 IRVING AVENUE, IOWA CITY, IOWA. WHEREAS, on July 25, 1999, the owners of 2774 Irving Avenue executed a Second Mortgage in the amount of $27,900 to secure a loan from the City for said amount as part of the Tenant- to-Ownership Program; and WHEREAS, the loan was fully paid on March 30, 2006; WHEREAS, the owner also executed a Resale Agreement on July 15, 1999; WHEREAS, the owner has met the obligations contained in the Resale Agreement; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2774 Irving Avenue, Iowa City, Iowa from the Mortgage recorded on July 22, 1999, at Book 2790, Page 206, at the Johnson County Recorder's Office, and from the Resale Agreement for Property Located at 2774 Irving Avenue, dated July 15, 1999. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the mortgagor. Passed and approved this 4th day of April , 2006. G1.LJ~ MAYOR ATTEST: ~.-ud~ J( ~~ CIT LERK APP!9Y-..e ead 0 byy ~ ~ ~ 3-J'f....o<., City Attorney's Office Resolution No. Page 2 06-97 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RELEASE OF LIEN The City .of Iawa City daes hereby release the property at 2774 Irving Avenue, Iawa City, Iawa, and legally described as fallaws: Lat 61 .of the Resubdivisian afLat 51 .of Walden Hills Subdivisian, an additian ta the City .of Iawa City, Iawa, accarding ta the plat thereaf recarded in Baak 38, Page 327, Plat Recards .of Jahnsan Caunty, Iawa, from an .obligatian .of the property .owners, Mark S. Evans and Jaanne M. Evans, ta the City afIawa City in the principal amaunt .of $27,900 represented by a Secand Martgage recarded an July 22, 1999, at Baak 2790, Page 206, at the Jahnsan Caunty Recarder's Office. The City .of Iawa City daes hereby further release said property from an additianal abligatian .of the property .owners, Mark S. Evans and J.oanne M. Evans, ta the City .of Iawa City cantained in the Resale Agreement far Property Lacated at 2774 Irving Avenue. These abligatians have been satisfied and the property is hereby released fram any liens .or clauds upan title ta the abave property by reasan .of said priar recarded dacuments. By: C~WACITY' IOWL (0J Rass Wilburn: Mayar meA/~~ K. katJ Manan K. Karr, City Clerk By: Approved by ~ 3_h-o\<, City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY) On this 4 4~ day .of A~I/_ , 2006, before me, the undersigned, a Natary Public in and far said Caunty and State, persanally appeared Ross Wilburn and Marian K. Karr, ta me persanally knawn, wha being by me duly swam, did say that they are the Mayar and City Clerk, respectively, .of said municipal carparatian executing the within and faregaing instnunent; that the seal affixed thereta is the seal .of said municipal carporatian; that said instrument was signed and sealed an behalf .of said municipal carparatian by autharity .of City Cauncil .of said municipal carp.oratian; and that the said Ross Wilburn and Marian K. Karr acknawledged the executian .of said instrument ta be the v.oluntary act and deed and said municipal carparatian, by it and by them valuntarily executed. i saNDRAEFaRT o 1- Commission Number 159791 . . My Commission Expires ow 3 b ~'AO ~....b Natary Public in and far the State afIawa ~~6 ~ Prepared by: Susan Dulek, Ass\. City Attorney, 410 E. Washington S\., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-98 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2774 IRVING AVENUE, IOWA CITY, IOWA. WHEREAS, on March 30, 2006, the owners of 2774 Irving Avenue executed a Second Mortgage in the amount of $37,400 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the owners have signed a Resale and Occupancy Agreement that sets out the requirements they must meet if they sell the home within fifteen (15) years; and WHEREAS, it is the City of Iowa City's interest to execute said Resale and Occupancy Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is' authorized to sig n and the City Clerk to attest to the attached Resale and Occupancy Agreement. Passed and approved this 4th day of April ,2006. C2JL LJ Jk MAYOR ATTEST: )?~"'.J J!. f(dA'u CITY LERK Approved by ~~ ~ -<9 'f-_C) <;0 City Attorney's Office It was moved by Champion and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn )( x x x ORIGINAL RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 2774 IRVING AVENUE, IOWA CITY, lOW A This Agreement is made between Brenda S. Hain, a single individual, (hereinafter "Buyer") and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyer executed a Residential Real Estate Purchase Agreement wherein she offered to purchase from Mark and Joanne Evans the following-described real property located in Johnson County, Iowa: Lot 61 of Resubdivision of Lot 51 of Walden Hills Subdivision, an addition to the City ofIowa City, Iowa according to the plat thereof recorded in Book 38, Page 327, Plat Records of Johnson County, Iowa with a street address of2774 Irving Avenue, Iowa City, Iowa, (hereinafter "the property"); and WHEREAS, on July IS, 1999, the City previously sold the property to Mark and Joanne Evans through the Affordable Dream Home Ownership Program; and WHEREAS, as a condition of said sale, Mark and Joanne Evans and the City entered into a Resale and Occupancy Agreement whereby Mark and Joanne Evans agreed that the property would be sold to an income-eligible household if it was sold within 15 years, and it is in the public interest to insure that the property remains affordable to families at or below 80% median income; and WHEREAS, the City will provide Buyer with a $37,400.00 loan which will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyer qualifies as an income-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a total period of 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. Buyer hereby agrees and covenants that the property shall be owner occupied by Buyer until at least July 15,2014, (15 years from the date of the first sale) or until such time as the property is resold. If the property is resold, Buyer hereby agrees and covenants that she shall comply with the remaining provisions of this agreement. 2. If Buyer pays off the second mortgage to the City in full prior to July 15, 2014, the property shall remain owner occupied by Buyer unless the property is resold consistent with the provisions of this Agreement. 2 3. Prior to July 15,2014, Buyer shall not lease any interest in the property. 4. The City's second mortgage in the amount of $37,400.00 shall become due upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall be paid out of the sale proceeds. Buyer agrees to pay City the full amount of said second mortgage regardless of when resale occurs. 5. In the event Buyer wishes to resell the property prior to July 15,2014. the property must be sold to an income-eligible household at fair market value. The City will determine whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. The City will also determine whether the sale price is fair market value, and the City must approve the price before Buyer accepts a purchase offer. 6. Should Buyer desire to resell the property prior to July 15, 2014, she must immediately notifY the City of her intent to sell and must actively market the property. 7. If Buyer is unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyer with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. 8. If resale of the property occurs prior to July 15, 2014, Buyer and City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by Buyer as a result of the sale depends on the number of years Buyer occupied the property prior to resale according to the schedule attached hereto as "Exhibit A". 9. If resale of the property occurs prior to July 15, 2014, Buyer agrees to pay the City a $300.00 administrative fee to reflect the City staff time incurred to facilitate the resale. Buyer further agrees that the $300.00 fee will be paid at the time of closing on said resale. 10. If Buyer is no longer able to continue making mortgage payments to the primary bank/mortgage holder or fail to make mortgage payments for any reason, Buyer must immediately notifY the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If Buyer ceases making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, Buyer will 3 grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. 11. Ifresale of the property occurs prior to July 15,2014, Buyer acknowledges that: a. The "new buyers" will be required to sign a Resale and Occupancy Agreement in substantial compliance with the terms of this Agreement; and b. As a result, the resale must include a condition that the "new buyers" will be subject to selling and occupancy restrictions until July 15,2014. 12. This Agreement shall be an "obligation" of Buyer under Paragraph 2 of the Second Mortgage. Violation of this Agreement by Buyer shall be an "event of default" under Paragraph 15 of the Second Mortgage. Signed this f day of ~ ,2006. BUYER CITY OF IOWA CITY, IOWA ~uJk By:f"1JQm1fJ ~r//{ll~ Brenda S. Hain By: Ross Wilburn, Mayor Attest: .~/~~ I!. ~M.J Maria K. Karr, City Clerk 4 EXHIBIT A YEAR SOLD I 2 3 4 5 6 7 8 9 PERCENTAGE OF APPRECIATED VALUE EARNED BY BUYER 5 IO 20 30 40 80 80 80 100 i{(d-) RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 2774 IRVING AVENUE, IOWA CITY, lOW A This Agreement is made between Brenda S. Hain, a single individual, (hereinafter "Buyer") and the City of JOWll City, JOWll, a municipal corporation (hereinafter "the City"). WHEREAS, Buyer executed a Resid~ntial Real Estate Purchase Agreement wherein she offered to purchase from Mark and nne Evans the following-described real property located in Johnson County, Iowa: Lot 61 ofResubdivisi n of Lot 51 of Walden Hills Subdivis on, an addition to the City ofIowa City, 10 according to the plat thereof record d in Book 38, Page 327, Plat Records of Johnso County, Iowa , (hereinafter "the property"); and with a street address of2774 I WHEREAS, on July 15, 1999, th City previously sold e property to Mark and Joanne Evans through the Affordable Dream Ho Ownership Progr ; and WHEREAS, as a condition of said Joanne Evans and the City entered into a Resale and Occupancy Agreement w reby M and Joanne Evans agreed that the property would be sold to an income-eligible h seho if it was sold within 15 years, and it is in the public interest to insure that the property e ins affordable to families at or below 80% median income; and WHEREAS, the City will provide B er w h a $37,400.00 loan which will be secured by a second mortgage on the property d will d rease the original mortgage amount so that the home will remain affordable to fa dies at or be w 80% median income; and WHEREAS, Buyer qualifies an income-eligible amily for the purchase of said property; and WHEREAS, the City de res that the property re ain affordable to subsequent low-income purchasers for a total pe . od of 15 years. NOW, THEREFO I. Buyer her y agrees and covenants that the prope shall be owner occupied by Buyer until at I ast July 15,2014, (15 years from the date of e first sale) or until such time as the pro erty is resold. If the property is resold, Buyer h eby agrees and covenants that she s II comply with the remaining provisions of this agre ent. I ! 2. If !.iuyer pays off the second mortgage to the City in full prior to July 15, 2014, the prfperty shall remain owner occupied by Buyer unless the property is resold consistent ~th the provisions of this Agreement. 2 3. Prior to July 15,2014, Buyer shall not lease any interest in the property. 4. The City's second mortgage in the amount of $37,400.00 shall become due upon resale of the property, regardless of when sale occurs. If the property is resold, said second mortgage shall be paid out of the ale proceeds. Buyer agrees to pay City the full amount of said second mortgage regardless f when resale occurs. 5. In the event Buyer wishes to resell t property prior to July 15,2014, th property must be sold to an income-eligible househ Id at fair market value. The City will determine whether a prospective buyer qualifies a an income-eligible household, d the City must approve all prospective buyers prior t resale of the property. T e City will also determine whether the sale price is fair m et value, and the City st approve the price before Buyer accepts a purchase offer. 6. Should Buyer desire to resell the property pri to July 15, 14, she must immediately notifY the City of her intent to sell and must acti ely mark the property. 7. If Buyer is unable to secure a qualified buyer wi in{hree months of providing the City notice of intent to sell, the City may assist Buyer. 'ith mortgage payments, and the City may become actively involved in the marketing 0 the property. Any and all mortgage payments made by the City must be repaid to the Ci from the proceeds of the resale. 8. If resale of the property occurs prior tCl July 15, 20 4, Buyer and City shall share the appreciated value of the property. Appreciated val e is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to th house from the time of this Agreement to the date of resale. The depreciated v ue of improvements will be determined by an appraiser selected by the City. The p centage of appreciated value received by Buyer as a result of the sale depends on the n ber of years Buyer occupied the property prior to resale according to the schedule attache hereto as "Exhibit A". 9. If resale of the property occurs prior to July 15, 2014, Buye agrees to pay the City a $300.00 administrative fee to reflect the City staff time incurr d to facilitate the resale. Buyer further agrees that the $300.00 fee will be paid at the time f closing on said resale. 10. If Buyer is no longer able to continue making mortgage pay ents to the primary bank/mortgage holder or fail to make mortgage payments for any reason, Buyer must im~ediately notifY the City. The City may then elect to take over the mortgage payments ujliiLthe property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If Buyer ceases making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, Buyer will 3 grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. II. If resale of the property occurs prior to J 5, 2014, ~er acknowledges that: a. The "new buyers" will be req ired to sign a Resa~ and Occupancy Agreement in substantial compliance with t terms of this Agr ment; and b. As a result, the resale must 1 clude a condi 'on that the "new buyers" will be subject to selling and occupanc restrictions til July 15,2014. 12. This Agreement shall be an "obligati n" of uyer under Paragraph 2 of the Second Mortgage. Violation of this Agreemerr by uyer shall be an "event of default" under Paragraph 15 of the Second Mortgage. Signed this day of ,2006. BUYER I , CITY OF IOWA CITY, IOWA Brenda S. Hain I 1/ / ;' / Ross Wilburn, Mayor By: At st: Marian K. Karr, City Clerk / / \ , i / " 4 EXHIBIT A YEAR SOLD 1 2 3 4 5 6 7 8 9 PERCENTAGE OF APPRECIATED VALUE EARNED BY BUYER 5 10 20 30 40 80 80 80 100 {' ' I\--+-- r:~o)61 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. Oli-qq RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT MIKE & MARTY ENTERPRISES, INC. D/B/A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Moka Java LLC, as landlord, and Mike & Marty Enterprises, Inc., d/b/a Quinton's Bar & Deli, as tenant, applied for a renewal of a temporary use of the public right-of-way at 215 Washington Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this .llL day of ~20rcl~ AYOR ~ ATTEST: )~A/~~') +!. ~~ CI CLERK Approved by: ~~ 3- ;)'-f-o~ City Attorney's Office Resolution No. Page 2 Oh-qq It was moved by r.hampion and seconded by adopted, and upon roll call there were: AYES: x x x x ]( x x NAYS: ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn , I' i.-", rnJ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 01\-100 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE, A PROMISSORY NOTE AND A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 1900 ROCHESTER COURT, IOWA CITY, IOWA. WHEREAS, on April 11 , 1991, the owners executed an Mortgage, a Promissory Note and a Rehabilitation Agreement with the City of Iowa City; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1900 Rochester Court, Iowa City, Iowa from a Mortgage, a Promissory Note, and a Rehabilitation Agreement recorded May 1, 1991, Book 1225, Page 233 through Page 238, and Page 239 through Page 242 of the Johnson County Recorder's Office. Passed and approved this 4 th day of Aoril , 20.JlL..... ~LJ;'UL MAYOR ATTEST:C~J~ERK J K r:;;--vJ Approved by ~ )-J~-oG City Attorney's Office It was moved by Chamoion and seconded by Resolution be adopted, and upon roll call there were: Bailev the AYES: NAYS: ABSENT: ]{ ]{ x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ]{ x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Systems Unlimited, Inc. Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1900 Rochester Court, Iowa City, Iowa, and legally described as follows: Lot 7 and the east 5 feet of Lot 6 in Rochester Addition to Iowa City, Iowa, according to the plat thereof. from an obligation of the owners, Systems Unlimited, Inc., to the City of Iowa City represented a Mortgage, a Promissory Note and a Rehabilitation Agreement, recorded May 1, 1991, Book 1225, Page 233 through Page 238, and Page 239 through Page 242 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 reco(2;ent. ( ~j^J1~ MAYOR ~ ATTEST )~~~,,) k. cJ/~,J CITY ERK APP~. . d 0 byy ~~ 3 " d")'O(., City Attorney's Office STATE OF IOWA ) ) 55: JOHNSON COUNTY ) th. On this '" day of A.PIl \L ,A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn 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 b~half of the corporation by authority of its City Council, as contained in Resolution No.~ adopted by the City Council on the.!!1....!!!.... day API!IL , 20~ and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. t~ SONDRAE FORT o ~ Commission Number 159791 . . My Com ission Expires 1 0 ~4 FMO Notary Public in and for Johnson County, Iowa Mk\ :,) I ~:C~)6 1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 00-101 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFFILIATED FINANCIAL GROUP, INC., GREENWOOD VILLAGE, COLORADO FOR PROPERTY LOCATED 1911 H STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Mortgages in the amount of $33,949, executed by the owner of the property on April 11 , 2005 and recorded on April 22, 2005, in Book 3866, Page 761 through Page 765 and Book 3866, Page 766 through Page 771, and in Book 3866, Page 772 through Page 777, in the Johnson County Recorder's Office covering the following described real estate: Lot 3 in Block 31, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. WHEREAS, Affiliated Financial Group, Inc. is refinancing a mortgage in the amount of $136,500 to the owner of 1911 H Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Affiliated Financial Group, Inc. has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with Affiliated Financial Group, Inc.; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second and third liens, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Affiliated Financial Group, Inc., Greenwood Village, Colorado. Passed and approved this 4 t h day of April ,20-.llL. ~u MAYOR ATTEST: ) ?!rcu~~ I( ]bAA) CrT LERK p2P.A prroovveed by ~~ ]-JG-c0 City Attorney's Office Resolution No. Page 2 06-101 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Bailev Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Affiliated Financial Group. Inc. of Greenwood Village. Colorado, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time are in the amount of $33.949, and where executed by Tracy L. Daby (herein the Owner), dated April 11. 2005, recorded April 22. 2005, in Book 3866, Page 761 through Page 765, and dated April, recorded April 22. 2005, in Book 3866, Page 766 through Page 771, and dated April 11. 2005, recorded April 22. 2005, in Book 3866, Page 772 through Page 777, Johnson County Recorder's Office, covering the following described real property: Lot 3 in Block 31, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $136.500 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortaaaes held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~ day of Aoril ,20....D..6....-. FINANCIAL INSTITUTION CITY OF IOWA CITY By~LJ~ Mayor ~.. 4~ I'" //] BY->,' ../ , . / l--' / v~ Attest: f;~....0 k. .f{cu..J City Clerk ~~ 3-~~-D~ ~w~ City Attorney's Office CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this 4 ~h day of {)..Pf2IL , 20 olJ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared "R"~s.,,- W J LBue N and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ob- IDt passed (the Resolution adopted) by the City Council, under Roll Call No. -- of the City Council on the <f~h day of Ap~1 L , 20~, and that Kn ~s \tJ, l-l3lAl2 N and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~~ F.,.,.-b Notary Public in and for the State of Iowa t.c.\omJ.o STATE OF i@IIW>. ) ~~ )ss COUNTY ) This instrument was acknowledged before me on t-A,Q.f :J.7. , 2006 by ~"t..%L M (name(s) of person(s)) as. . ~c.~ . . (type of authority, e.g, officer, trustee, etc.) of ltt:P,) \O..t..A \= \l"'o.X\.C..\A.\ bYl>I..l.P' Inc..(name of , party of behalf of whom instruments was executed) . My Commission expires: \0 -5 - D'1 LYNDA SCHATZ NOTARY PUBLIC STATE OF COLORADO My Commission Expires 10/05/2009 , \' IJ'.) , n:J Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240 RESOLUTION NO. 06-102 RESOLUTION APPROVING THE DESIGN OF THE EXTERIOR WINDOWS AND NEW ENTRANCE CANOPY AND DOORS AT OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET. WHEREAS, the applicants, Neumann Monson Architects and The University of Iowa, has filed an application for the design approval of the exterior windows and new entrance canopy and doors at Old Capitol Town Center located at 201 S. Clinton Street, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review" of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Housing and Inspection Services Department, has been reviewed by the Design Review Committeeand after a consensus vote has recommended the design of the project be approved and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The design of the Clinton Street and Washington Street new exterior windows and the Clinton Street exterior windows and entrance canopy and doors at Old Capitol Town Center located at 201 S. Clinton Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 4th 6 day of Avril 20~ ~u.~ MAYOR ATTEST:~#ut~ f( id:2~V) Approved by ~~4 City Attorn's Office '7l1>r'2.-#r /,p VI Resolution No. Page 2 06-102 It was moved by Chamvion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x y y x x Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn \ l \ \, , \ \ \ \ i J l t , I I i ! I I I .... .1 :il .~:: l:; \ ;;: r ,~ " t - ~ J;'; ~ J :,:: '. 'l' Ii ; .-------1 I r-- ' I __:--.--->'':.:--) ) i : .---- -, --:::- \ j _ i-" I I :;!;.. I' ..,... : ~ ~ Il:;:':-:;:?J' \ ;;:tj . .,.' '-~ : \ ""'.. r....--...., I ; u:J i L : -, ! I '__..'.H' \ ~ ,- l ~ , , . '. t, , ~ i ~ I' , ",,""-1\ ;-\.'- ",- ~\ 'g'~ 3".' '. >-, 01 i,;,~ ~ \:, 0..-- I. -':," :> [~ :'> .)> ,. -+ " _ ~ i- ,;-:; o ~ l'~:' ,~,: ~ .., . ---,., . ~ ,-~-,..,_... ;<1;:' :;f' .. , \ \ f, $, \ J'-' \ r- ~ \' ,~ i i \" 'j.,. h' ~ t t i ' l ~'. _c' U l ." . ,<fh'; - ,'~~"', ' ,':i,l,};r'\ ',-_.\:~v ~ 1 ,..., 1:0\:t ! t :J ; ,i; l .. i; !i;" '1';, ~'"' - .'." ,/ /~'" ~". ,~' ",/ "'11~/'" ", 1- " ... , , ..~ ,', .../ ~.,-<>.> , (/ , ,~ ...;:~~ Y' - :,~" .- ,'" " ..,.~' 1 /. ~ \ \ I "~. "i ~, ..' ... ..~ . ,+~;:". "' '..,/'''' '~~,' -':"- vi:; '':? _I N\~ ~ Prepared by: Anissa Williams, Traf. Eng. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 06-103 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE PERMANENT PAVEMENT MARKING PROJECT 2006, 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 CITY 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 City Hall, until 10:30 a.m. on the 25TH day of April, 2006, 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 meetin~ to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 2 D day of May, 2006, 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, 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 4th day of April , 20 06 . ~(~~ MAYOR ATTEST: );~ 1/. ~/'.-J CITY LERK Jccogtplreslpennpavemrking06.doc 3106 Approved by I(~ c::: 3(~tJlJ 'City Attorney's Office Resolution No. Page ? Oh-lO, It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Chamoion the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 0kV:o CZl Prepared by: Kumi Morris, Public Works, 410 E Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 06-104 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER EXTERIOR GLAZING AND PANEL REPLACEMENT 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, fonn 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 CITY 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 City Hall, until 1 0:00 a.m. on the 2nd day of May, 2006, or at a later date and/or time as detennined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 16'" day of May, 2006, 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, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 1/ Passed and approved this 4th day of c2: U Ji: MAYOR ATTEST: ~~-u.:; II ~ CITY ERK pweng/reslapp&s-RecCenterGlazing.doc Approved by ~ug4 City Alto ey Office 3r~~ Resolution No. Page 2 06-104 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: J( x X X J( x X. ABSENT: Champion the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn fv\{q J /4 Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319}356-5244 RESOLUTION NO. 06-] 05 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND UNITED NATURAL FOODS, INC. WHEREAS, by Resolution No. 03-205 approved and adopted on July 1,2003, the City Council approved an Agreement for Private Redevelopment (the "Agreement") by and Between the City of Iowa City and United Natural Foods Inc. (the "Developer") within the Heinz Road Urban Renewal Area; and WHEREAS, under said Resolution, the Council determined that the Agreement is in the best interests of the City and its residents and that the performance by the City of its obligations thereunder is a public undertaking in furtherance of the Urban Renewal Plan and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code; and WHEREAS, the Developer completed an approximate 140,000 square feet warehousing and distribution addition to their Iowa City facility, created 31 full time jobs and retained 218 jobs with an average hourly wage greater than $11.75 per hour, and WHEREAS, while the Developer did not meet the Agreement deadline to create and maintain 300 full time employment units as of January.1, 2005, due to increasing business at the Iowa City location, the Developer believes that it may attain the job creation and maintenance goal if the deadline is extended; and WHEREAS, the City Council supports activities which promote and facilitate economic development within Iowa City and the City Council Economic Development Committee has recommended approval of an amendment to the agreement that extends the job creation deadline and, if the job creation obligation is not met and/or maintained, reduces the Developer's property tax rebate; and WHEREAS, the parties wish to amend the Agreement to reflect the new job creation deadline and the calculation of the property tax rebate to the Developer if the job creation obligation is not met and/or maintained. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City: a. To authorize extension of the deadline to employ 300 full time employment units at the Iowa City facility to June 1, 2007. b. The Mayor is authorized to execute and the City Clerk to attest Amendment #1 to the Agreement as attached hereto. c. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 4th day of April , 20 06 . e-U~ MAYOR ppdcdbg/reslnaturalfoodsamd1.doc ATTEST:h, - ~.A~ -k. ~J. A) ~ERK Resolution No. Page 7 06-10') II was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x x x x x Correia the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND UNITED NATURAL FOODS, INC. AMENDMENT #1 Whereas United Natural Foods, Inc. (herein "Developer") has requested an amendment to an Agreement for Private Redevelopment executed on September 3, 2003. The City of Iowa City and the Developer mutually agree to amend said Agreement as follows: ARTICLE VI. Covenants of the Developer Section 6.5 Continued Operation and Employment Article VI. Section 6.5 is deleted in its entirety and the following new Section 6.5 is substituted in lieu thereof: Commencing upon the signing of the Agreement, the Developer agrees that it will operate a distribution center\warehouse at the Development Property and will continue operation of this business until at least the Termination Date set forth in Section 12.8 hereof. As of June 1, 2007, the Developer shall employ at least three hundred (300) Full Time Employment Units (FTE) at the Development Property. In the event the Developerdoes not employee at least 300 full time employment units as of June 1, 2007 the first Economic Development Grant will be reduced by $1,667 per full time unit under the 300 unit threshold. Developer shall submit the June 1, 2007 payroll by June 7, 2007. From June 1, 2007 to said Termination Date, the Developer shall maintain a semi-annual average of at least three hunlilred (300) Full Time Employment Units at the Development Property. The Developer shall submit semi-annual payroll registers on May 10111 and November 10111 for the payroll periods ending April 30111 and October 31st respectively. Before the issuance of each year's economic development grant (Grant #2 through #6), the City will review the last two (semi-annual) payroll registers to determine compliance. In the event the Developer does not maintain the required average of at least 300 full time employment units for the previous 12 months as of April 30, 2008, and each succeeding year, the Economic Development Grant will be reduced by $1,667 per full time unit under the 300 unit threshold. (For example, if the Developer maintains a semi-annual average of 260 FTEs as of April 30, 2008, the subsequent economic development grant to be issued, June 2008, will be reduced by $66,680. The May 2007 payroll will not be considered in the average for the second economic development grant.) A Full Time Employment Unit means the equivalent of employment of one (1) person with a forty (40) hour workweek for fifty-two (52) weeks per year. The three hundred (300) Full Time Employment Units will pay an hourly wage between $10.00 and $30.00 for an average hourly wage equal to at least $11.75 per hour. In addition, Developer will provide these positions with competitive benefits as outlined by the Developer in its 6/27/03 CEBA application to the Iowa Department of Economic Development. All other provisions of the Agreement remain in full force and effect, except to the extent they conflict with this Amendmentl in which case this Amendment prevails. This provision explicitly includesl but is not limited to, those provisions of Article VIII in conflict with this Amendment. CITY OF I~ITYI IOW~ ~ By: CJ. ~~ Mayor ATTEST: By: 121~ K. ~ City C er By: p~~~ ATTEST: c- ~ By: . ~./L ~r' 'c I ( c.. I 'i2 e-s 1~'1 c'^ ~ ~ - c<J..L-- (title) ,~ I -.... = -~... ~~W~~ ....;:.:;;,~...DII.~ ...,.~ CITY OF IOWA CITY~ MEMORANDUM Re: March 24, 2006 City Council Tracy Hightshoe, Associate Planner l;::o.c..v~ l-\'~'vtt:iL\-C United Natural Foods, Inc. Date: To: From: In September of 2003 United Natural Foods, Inc. (UNFI) entered a private redevelopment agreement with the City for a property tax rebate on the improvements at their Iowa City facility. The agreement specified the construction of additional warehousing and/or distribution space totaling approximately 140,000 square feet and included job creation and wage threshold provisions. United Natural Foods, Inc. completed the addition in August of 2004 with an approximate investment of $4 million. During the 2005 TIF certification process staff verified capital improvements and the wage thresholds as specified in the agreement, but identified a deficiency in the number of jobs created by UNFI. The employment threshold in the agreement required 300 full time jobs. At the time of certification, November 2005, the employment level was 249. When UNFI applied for funds, they employed 218 persons. UNFI increased employment by 14% since the date of application and has retained the original 218 jobs identified in the application. In conversations and correspondence with UNFI, they indicated that their business has grown and changed since preparing the application almost three years ago. Due to increases in fuel prices, UNFI did open a facility in Indiana this past summer that affected the number of jobs they were able to create in Iowa. UNFI anticipates moving a significant block of business from Colorado to Iowa this spring, which will add jobs. Due to the significant investment at the property and the wage thresholds being met, staff recommended that the TIF agreement be amended to allow UNFI until June 1, 2007 to reach the employment threshold of 300 as required by the agreement. If UNFI does not meet the employment level by June 1, 2007, or the following five annual certifications, the TIF rebate would be reduced through a "claw back" provision in the agreement. The City Council Economic Development Committee reviewed this request February 16, 2006 and approved the proposed amendment by a vote of 3-0. The proposed amendment to the UNFI Private Redevelopment Agreement is attached for your review and approval. Please contact me with any additional questions at 356- 5244. cc: Steve Atkins Karin Franklin Sarah Holecek rV1tJ o ~ Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St.. Iowa City, lA 52240 (319) 356-5122 RESOLUTION NO. 06-] 06 RESOLUTION ESTABLISHING A FEE FOR CONSTRUCTION SITE RUNOFF (CSR) PERMITS WHEREAS, the Iowa City Construction Site Runoff Control Ordinance requires the issuance of a permit to all persons required by law or administrative rule to obtain a National Pollutant Discharge Elimination System (NPDES) General Permit #2 from the Iowa Department of Natural Resources (IDNR). Additionally, persons who will be conducting any earth disturbing activity on a site of less than one (1) acre in size if the earth disturbing activities are part of a larger common plan of development that would disturb one (1) acre or more, are required to obtain a CSR Permit; and WHEREAS, prior to issuance of a CSR Permit in connection with development activity on a platted lot, the applicant shall submit an application permit fee to the Housing and Inspection Services Department; and WHEREAS, the Iowa City Construction Site Runoff Control Ordinance will require staff time to review plans and perform a minimum of three (3) site inspections; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that CSR permits may be granted pursuant to the Iowa City Construction Site Runoff Control Ordinance and the following fees be adopted for the aforementioned service; CSR PERMIT FEES A fee of $150.00 for the issuance of a CSR Permit for any development activity on a platted lot. This fee is separate from and in addition to all other permit fees associated with the project. If more than three (3) inspections are needed to verify compliance with the ordinance, an inspection fee of $50.00 may be imposed for such additional inspections. Passed and approved this 4th day of April , 20~. ~LJ~ MAYOR ATTEST:~K. ~-V CITY ERK Approved by ~~~ '4- City Attorney' ffice "5fulc:tp Hisbldglreslcosesco fees.doc Resolution No. Page 2 06-106 It was moved by Bailev and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: x x X X x x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn N\-~ l ~ Prepared by: Sylvia Mejia, Personnel Admin., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 01>-107 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE HOUSING INSPECTION DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY ADDING ONE HALF-TIME DEVELOPMENT REGULATIONS SPECIALIST POSITION. WHEREAS, Resolution No. 05-109, adopted by the City Council on March 1, 2005, authorized budgeted positions in the Housing Inspection Division of the Housing and Inspection Services Department; and WHEREAS, the Iowa City Construction Site Runoff Control Ordinance requires the issuance of a permit to all persons required by law or administrative rule to obtain a National Pollutant Discharge Elimination System (NPDES) General Permit #2 from the Iowa Department of Natural Resources (IDNR). Additionally, persons who will be conducting any earth disturbing activity on a site of less than one (1) acre in size if the earth disturbing activities are part of a larger common plan of development that would disturb one (1) acre or more, are required to obtain a Construction Site Runoff (CSR) Permit; and WHEREAS, prior to issuance of a CSR Permit in connection with deveiopment activity on a platted lot, the applicant shall submit an application permit fee to the Housing and Inspection Services Department; and WHEREAS, the Iowa City Construction Site Runoff Controi Ordinance will require staff time to review plans and perform a minimum of three (3) site inspections; and WHEREAS, additional inspection staff is needed to effectively enforce the CSR Permit requirements. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Housing Inspection Division of the Housing and Inspection Services Department be amended by the addition of one half-time (.5) Development Regulations Specialist position, AFSCME pay grade 13. Passed and approved this 4th day of A~L;~ MAYOR ATTEST: ~./~.-u.J oJ.!. ~ CITY ERK 3-,,)9-C/.a Humanrellres/cosescostaff. doc Resolution No. Page 2 0{;-107 It was moved by V"n~prhnpf and seconded by adopted, and upon roll call there were: AYES: x x x x 1{ 1{ x Correia the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn { I Mts Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 06-108 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE STORMWATER MANAGEMENT FUND BY DELETING ONE FULL-TIME SENIOR ENGINEER POSITION AND ADDING ONE FULL-TIME CIVIL ENGINEER POSITION TO THE ENGINEERING DIVISION AND ADDING ONE FULL-TIME SENIOR ENGINEER POSITION TO THE STORMWATER MANAGEMENT FUND. WHEREAS, Resolution No. 05-109, adopted by the City Council on March 1, 2005, authorized budgeted positions in the Engineering Division of the Public Works Department and the Stormwater Management Fund; and WHEREAS, the City of Iowa City has an unfunded federal mandate to maintain a municipal separate storm sewer system (MS4) permit; and WHEREAS, the MS4 permit requires a Construction Site Runoff Control Ordinance be established; and WHEREAS, the Construction Site Runoff Control Ordinance requires review and inspection of all public and private construction sites with land disturbance over one acre; and WHEREAS, the City of Iowa City will designate a Senior Civil Engineer to the assignment of storm water engineer including the MS4 permit compliance; and WHEREAS, the Iowa City Engineering Division needs to hire a Civil Engineer to perform the duties of the reassigned Senior Civil Engineer. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Engineering Division of the Public Works Department be amended by: 1. The deletion of one full-time Senior Engineer position, Administrative pay grade 29. 2. The addition of one full-time Civil Engineer position, AFSCME pay grade 15. The budgeted positions in the Stormwater Management Fund be amended by: 1. The addition of one full-time Senior Engin(;i~n, Wi:n=rade 29. MAYOR ATTEST: ~~....u iI. ~~ CITY ERK Approved by 1If~? ~h" ~rVfltp& City Attorney's Office pweoglreslnew civil eng,doc Resolution No. Page 2 06-108 It was moved by Champion and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: x x x x x x J[ ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn City of Iowa City ~ TO: FROM: DATE: RE: Steve Atkins, City Manager Ron Knoche, City Engineer~ March 29, 2006 MEMORANDUM / tv~ ~{J Amendment to the Budgeted Positions in the Engineering Division The resolution on the April 4th agenda will add a senior engineer position to the Storm Water Management Fund.' This position will be funded by the Storm Water Utility. The salary for the senior engineer is $59,000. The resolution also replaces an Engineering Division senior engineer with a civil engineer. This position will be funded by the General Fund. The salary for the civil engineer is $43,000. These changes are necessary to adapt the Engineering Division to the significant obligations imposed by the Federal storm water regulations. Specifically, a senior engineer in the Engineering Division currently spends 40% of their time on storm water related issues. This varies from managing the programs necessary for compliance with Federal storm water requirements to oversight of the City's Storm Water Management Fund. With the enactment of the Construction Site Runoff Control Ordinance, they will spend 100% of their time on storm water related issues. This senior engineer will be assigned the full time duties of storm water engineer. This change will create a need for the Engineering Division to hire an engineer to perform the duties of the senior engineer assigned to storm water. At this time we believe it is best to fill this position with a civil engineer as opposed to a senior engineer. This will result in a savings of approximately $16,000 per year to the General Fund. This is part of the staffing needs identified in the February 22, 2006 memorandum from Brian Boelk, Senior Engineer, to Rick Fosse, F!ublic Works Director. Ml1 CTI Prepared by: Sylvia Mejia, Personnel Admin., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 06-10Q RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN BY ADDING ONE ECONOMIC DEVELOPMENT COORDINATOR POSITION. WHEREAS, Resolution No. 05-109, adopted by the City Council on M<lrch 1, 2005, authorized budgeted positions in the Planning and Community Development Department; and WHEREAS, Resolution No. 04-134, adopted by the City Council on May 4, 2004 established a job classification/compensation plan for Administrative and Confidential employees; and WHEREAS, the City Council, on the recommendation of the Council Economic Development Committee, agreed that the City's economic development efforts should be expanded and enhanced; and WHEREAS, the economic development work envisioned by the City Council will require the work of a full- time Economic Development Coordinator. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Planning and Community Development Department be amended by the addition of one full-time Economic Development Coordinator position. 2. The Administrative pay plan be amended by the addition of the position of Economic Development Coordinator, pay grade 30. Passed and approved this 4 th day of A~W~ MAYOR It was moved by Bailey and upon roll call there were: and seconded by the Resolution be adopted, ATTEST: ~~~ ,f! cJ:iu.A.J CITY ERK Ch;lrnpion AYES: NAYS: ABSENT: x x y y x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Humanrel/reslecodevposition3~06.doc MIg rn:J Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138 RESOLUTION NO, 06-110 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ENGINEERING ALLIANCE, INC., TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LOWER WEST BRANCH ROAD-SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to improve and expand the City's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the reconstruction of Lower West Branch Road from Scott Boulevard to Taft Avenue will enhance traffic flow in East Iowa City; 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 Lower West Branch Road- Scott Boulevard to Taft Avenue Improvements Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Engineering Alliance, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Engineering . Alliance, 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 4th d'YOf~ U jJ:: MAYOR ATTEST: ~~ 1(, ~AA) CITY ERK Approved by ~ w;.r~/(9", City Att~~~ffice Pwenglresldeslgnagt - engalliance.doc Resolution No. Page 2 06-110 It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x X y x X X ABSENT: Vanderhoef the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 4th day of April ,2006 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Enaineerina Alliance. Inc. ,of Cedar Rapids, hereinafter referred to as the Consultant. WHEREAS, the City desires to secure the services of the Consultant to provide engineering services related to the proposed reconstruction of lower West Branch Road from Scott Boulevard to Taft Avenue, approx. 5,500 LF, and the extension of Hummingbird Lane to lower West Branch Road, approx. 600 lF and; ! WHEREAS, the final design services to be provided shall include horizontal and vertical alignment establishment, determination of existing and proposed right-of-way, storm sewer and culvert design, water main design, and general plan preparation. The total length of the proposed preliminary plans is approximately 5,500 lF for lower West Branch Road, and 600 lF for Hummingbird lane. 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 agrees to perform the engineering services for the City, and to do so in a timely and satisfactory manner. Services provided under this agreement shall be as further described in Attachment A, Scope of Services II. TIME OF COMPLETION The Consultant shall complete all phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before April10lh, 2006. The schedule of the work to be performed shall conform to the Schedule set forth in Attachment B. Any deviations from the Schedule shall be approved by the authorized City representative. 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, gender identity, or sexual orientation. 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, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. -2- 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 fumish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. 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 or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, - 3 - 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 In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following sum LUMP SUM FEE, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment C. Final Design Services $ 195,000 $ 195,000 TOTAL LUMP SUM FEE Consultant shall bill City monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of City's receipt of invoice. 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. :RQ:U ~ FOR THE CONSULTANT Engineering Allia , nc By: Date: Anril 4. 7006 ATTEST:--22le~4~ K. ~ City Clerk Title: Principal Vice-President Date:--=1 (~ / '2..00k, Title: Mayor Approved by: Jt?<< /'~-~ City Attorney's Office s(?: C'f0(; Date Engineering Alliance Inc Project No. 060013-J01 lower West Branch Road Improvements Iowa City, Iowa ATTACHMENT "A" - SCOPE OF SERVICES Lower West Branch Road Improvements From Scott Boulevard to Taft Avenue Iowa City, Iowa The work to be performed by the Consultant under this agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to complete the preliminary roadway improvement plans for the project. The proposed project involves the engineering design services regarding the reconstruction of Lower West Branch Road from Scott Boulevard to Taft Avenue, approx. 5,500 LF, and the extension of Hummingbird Lane to Lower West Branch Road, approx. 600 LF. The final design services to be provided shall include horizontal and vertical alignment establishment, determination of existing and proposed right-of-way, storm sewer and culvert design, water main design, and general plan preparation. The total length of the proposed preliminary plans is approximately 5,500 LF for Lower West Branch Road, and 600 LF for Hummingbird Lane. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: TASK A - Contract Manaaement 1.0 Project Administration 1.1 Project Management The project manager will be responsible for the development and tracking of the project plan for the project development. This includes task identification, staff scheduling and coordination, project communications, monthly progress reporting and invoicing and other important elements of the project. The project duration is assumed to be ten (10) months. 1.2 Project Development Team Meetings. Maintain communications with the Project Development Team and various other designated representatives. The project development team will include the City of Iowa City Engineering Department and Engineering Alliance Inc. Meet to review progress and to discuss specific elements of the project design (assume three (3) meetings in Iowa City). The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by one (1) staff member of the Consultant. The following project meetings are included with the scope of work: Project Review Meetings - two (2) meetings Note: there is one (1) additional meeting included for miscellaneous purposes. 1.3 Public Information The CONSULTANT will conduct two (2) public informational meetings that will be attended by two (2) staff members of the CONSULTANT. The purpose of the meetings will be to provide a brief overview of the proposed improvements to the surrounding neighborhoods and a discussion of the improvement plan, as well as gather information on the concerns, priorities and specific issues of the adjacent property owners and other affected parties. A general description of the meetings is as follows: S:\PROJ\060013-J01 \PROJlAdministratlve\Contract\sos-032206-ICRdwyDsgn.doc 3/22/2006 Engineering Alliance Inc Lower West Branch Road Improvements Project No. 060013-J01 Iowa City, Iowa Public Information Meeting NO.1: Presentation of preliminary project design based on CITY and property owner needs and concerns. Additional property owner comments and concerns from this meeting will be discussed with the CITY to determine potential incorporations into final design documents. Public Information Meeting NO.2: Presentation of final project design and construction schedule. This task includes preparation of the public notification letters, display materials and hand out information for the meetings. Also includes reviewing the results of the meeting with the Project Development Team. The reserving of the meeting facility and a public notification will be completed by the CITY. 1.4 Individual Property Owner Meetings The CONSULTANT will conduct meetings with individual property owners to address issues of specific concern to adjacent properties. These meetings will be held in concert with the Project Development Team meetings. This will include specific discussions about access issues, changes in circulation, potential right-of-way needs, and other issues related to specific parcels. During the scheduled individual property owner meeting times, the CONSULTANT'S project manager will meet with the affected property owner to discuss the specifics of the project as it relates to their property, obtain information regarding any issues the property owner feels is important, and get input regarding their expectations. For budget purposes, it is assumed that the CONSULTANT will conduct two (2) meetings per property owner and will be attended by one (1) staff member of the CONSULTANT. 1.5 Utility Coordination Meetings The CONSULTANT will conduct meetings with individual utility companies to address specific conflicts. It is anticipated that there will be two (2) meetings with representatives of the various utility companies. The first will be to advise of the nature and extent of the improvements and any potential conflicts with existing or proposed utility systems, and the second will be preliminary/final design review and coordination meetings. 1.6 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 1.7 Subconsultant Management Prepare subcontracts and work orders for Subconsultants. Monitor Subconsultant activities. Review invoices and submit to the CITY for payment. Coordinate Subconsultant activities with Schnoor- Bonifazl Engineering and Surveying, LC (survey and mapping) and Terracon (geotechnical/ environmental services). TASK B - Survey and MaDDina 1.0 Preliminary Design Surveys The CONSULTANT shall perform field and office tasks required to collect additional topographic information deemed necessary to complete the project. The CITY shall provide aerial photographic and other available mapping of the Project area. The specific supplemental survey tasks to be performed include the following: 1.1 Control Surveys (Subconsultant) The Sub-Consultant, Schnoor-Bonifazl Engineering & Surveying, LC will establish horizontal and vertical control for the Project area. Each permanent control point or benchmark shall have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of S:\PROJ\060013-J01 \PROJ\Administrative\Contract\sos-032206-ICRdwyDsgn.doc 3/2212006 Engineering Alliance Inc Project No. 060013-J01 Lower West Branch Road Improvements Iowa City, Iowa the horizontal control points and benchmarks will be created and recorded on the plan sheets. Horizontal control shall be in state-plane coordinates and vertical control per USGS datum. 1.2 Supplemental Topographic Survey (Subconsultant) The Sub-Consultant shall perform supplemental topographic surveys required for the development of the project and to supplement the existing topographic mapping provided by the City. This task also includes verification of the existing topographic mapping. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the existing base mapping 1.3 Utility Surveys (Subconsultant) The Sub-Consultant shall perform utility surveys required for the development of the project. Contact utility owners of record or the "one call" representative, request that buried utilities be marked in the field and obtain existing utility map. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. Show utility name and describe the utility on the plans. This task consists of field survey indicating the location of utilities within the existing right-of-way for the project. The Sub-Consultant shall field locate utility locations established by others; excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical, sanitary sewer and storm sewer (including power poles, pedestals, valves and manholes). This includes establishing manhole and intake elevations for existing sanitary, storm sewers and roadway culverts. 1.4 Right-of-Way Surveys (Subconsultant) The Sub-Consultant shall perform right-of-way surveys required for the development of the project. The right-of-way surveys shall be in-depth legal surveys for which acquisition plats may be developed. This task includes a thorough search of CITY, County and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions or any other lines, indicating possession. A diligent effort must be made to recover existing land corner monuments necessary to describe the right-of-way along the project corridor. The task includes incorporation of property lines, right-of-way lines, and ownership of properties affected by the project into the base mapping for the project. The base mapping will identify the owners and approximate boundaries of all appropriate parcels within the survey limits. 1.5 Plat Preparation of Acquisition Plats and Legal Descriptions (Subconsultant) The Sub-Consultant shall prepare acquisition plats and legal descriptions for property to be acquired for the project. For estimating purposes, the following numbers of acquisition plats are assumed for this agreement: Permanent Drainage Easement plats - 11 Temporary Construction Easement plats - 22 Individual plats and legal descriptions will be prepared for each parcel with permanent and temporary acquisitions. The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. The plats shall also be completed in accordance with the CITY of Iowa City requirements. S:\PROJ\060013.J01 \PROJ\A.dministrative\Contract\sos-03220a.ICRdwyDsgn.doc 312212006 Engineering Alliance Inc Project No. 060013-J01 Lower West Branch Road Improvements Iowa City, Iowa This task also consists of staking the easement locations for purposes of right-of-way negotiations. The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property lines locations. For the purpose of this agreement, all permanent and temporary easements will be staked one (1) time. 1.6 Monumentatlon of Permanent Right-of-Way Acquisitions (Subconsultant) This task consists of monumentation of the permanent right-of-way acquired as part of this project which will be performed upon completion of construction of the proposed improvements. The monumentation shall comply with requirements of the Iowa Code and shall be performed by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task does not include monumentation of any existing right-of-way pins that are disturbed during construction activities. 1.7 Wetland Delineation Survey (Subconsultant) This task consists of collecting data points for the boundary wetland delineation flags along the project corridor. The survey will be incorporated into the project base mapping that will show the project site with the location of wetlands and data collection points and a calculation of proposed temporary and permanent impacts to wetlands. 1.8 Drainage Surveys (Subconsultant) Perform drainage surveys for major and minor drainage ways in accordance with the Iowa Department of Transportation's Office of Design, English Preliminary Survey Specifications (June 5, 2000). Drainage surveys shall be conducted for cross culvert locations (approximately 150-feet out from the proposed culvert extension outlet). Storm sewer is present along the majority of the project and is included in this task. It is assumed that culvert plats and pink sheets will not need to be completed for storm sewer. 1.9 Soil-Boring Location Surveys (Subconsullant) Perform soil-boring location surveys to establish location and elevation of proposed geotechnical investigations consisting of 15 soil borings. The Sub-Consultant shall field locate boring locations. TASK C - Geotechnical I Environmental 1.0 Geotechnical Design 1.1 Geotechnical Exploration Analyses (Subconsultant) Complete geotechnical exploration for the project corridor. These services will be in general accordance with the Iowa DOT's specification for subsurface investigations and design. This task includes completing approximately 15 roadway borings averaging between 10 to 25ft deep, laboratory testing, engineering analysis and a written report. Engineering analysis will include subgrade preparation, settlement analysis, slope stability, culvert foundation design, subsurface drainage, site grading, excavation stability and backfill, and pavement thickness design 2.0 Environmental Services The Sub-Consultant, Terracon shall serve as the CONSULTANT's and the CITY's professional representative for wetland delineation. The wetland assessment will use mandatory technical criteria, field indicators, and other sources of information to determine whether the area has jurisdictional wetlands. If wetlands are present, the upper boundaries within the project area will be identified. The methods Terracon will use in the delineation generally follow the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Jurisdictional wetlands generally have three essential characteristics: hydrophy1ic vegetation; hydric soils; and wetland hydrology. All three of the technical criteria must be met for an area to be identified as a wetland. The services to be provided will involve the following task items: S:\PROJ\Oe0013-J01 \PROJ\Administrative\Contrad\sos-03220e-ICRdwyDsgn.doc 3/221200e Engineering Alliance Inc Project No. 060013-J01 Lower West Branch Road Improvements Iowa City, Iowa 2.1 Data Collection (Subconsultant) The Sub-Consultant shall collect and review documents including soil maps, aerial photos, and the National Wetland Inventory map to make a preliminary determination of the location and size of wetlands on the proposed project site. These documents will be examined for the presence of hydric soils, wetland vegetation, and wetland hydrology, which are indicators of wetlands under the 1987 Corps of Engineers Wetlands Delineation Manual. 2.2 Field Investigation (Subconsultant) The Sub-Consultant shall conduct field investigations to identify and locate (delineate) wetlands. Collect soil cores and check soil for coloring or other indicators of the presence of hydric soil. Examine the subject area for evidence of hydric vegetation and wetland hydrology. The field visit will also consist of classification by Genus species of the potential hydrophytic vegetation. Each stratum (i.e., trees, shrubs, and herbs) will be assessed in each potential wetland community. The classification will be performed by a degreed biologist or environmental scientist. Install delineation flags to mark the boundary of the wetlands, if any. 2.3 Prepare Report (Subconsultant) The Sub-Consultant will provide a report that discusses the findings regarding the presence of wetlands, including documentation of fieldwork, conclusions regarding the approximate size and location of wetlands, if any, and recommendations, as necessary, for further action. 2.7 Provide Written Responses (Subconsultant) The Sub-Consultant will prepare a written response for up to two sets of comments received during the Public Notice and Comment period. This task also includes limited follow-up conversations with the regulatory agencies involved to obtain information on the status of their review progress. TASK D - Town Sauare Functional Desian Develooment 1.0 Functional Design This task consists of preparation of functional design plans for the town square. The primary focus will be on horizontal/vertical roadway alignments, including intersection geometry, and lane configurations. The functional plans will also incorporate potential elements that may affect the corridor including property impacts. The plans will show edges of pavement, traffic lanes and utility improvements. The functional design plans will be used as a reference in preparing preliminary and final construction plans for the Lower West Branch Roadway Improvements. The Project Development Team will review the functional plans and suggested modifications will be addressed in the final functional design submittal. A brief memorandum with supporting marked-up plan sets will serve to document completion of this task. 1.1 Develop Conceptual Geometries Conceptual geometrics will be developed for the town square. The primary focus will be on developing intersection geometry that will match into the proposed roadway improvements as illustrated in the preliminary and final construction plans. Geometrics will be established based upon design criteria that conform to City of Iowa City Code and Policies, Urban Design Standards, AASHTO Policy on Geometric Design, and MUTCD. 1.2 Develop Horizontal Alignments and Vertical Profiles Using conceptual geometric plans; develop horizontal alignments and vertical profiles for the intersecting roadways. The alignments and profiles will be developed based on the established design criteria along with matching into the proposed Lower West Branch Road Improvements. 1.3 Plan Preparation Prepare preliminary plan and profile drawings at a scale of 1"=50' and 1"=10' vertical. These plans will show base mapping along with proposed horizontal and vertical geometrics. Sheets will be submitted by the CONSULTANT separately from the Lower West Branch Road Construction Plans. S:\PROJ\Oa0013-J01 \PROJ\Administrative\Contract\sos.03220a-ICRdwyDsgn.doc 3/2212006 Engineering Alliance Inc Project No. 060013-J01 Lower West Branch Road Improvements Iowa City, Iowa TASK E - Utility Desian 1.0 Sanitary Sewer - (Task not required) 2.0 Water main This task consists of designing a proposed water main along Lower West Branch Road alignment from Scott Boulevard to Taft Avenue. Determining locations of hydrants, valves and other key connections is included in this task. Size of proposed main shall be determined by the City. CONSULTANT shall coordinate the water main design with the City of Iowa City Water Department. TASK F - Roadwav Desian 1.0 Preliminary Plans Utilizing the preliminary geometries as developed in the Functional Design Plans, the CONSULTANT shall provide preliminary plans for Lower West Branch Road, from Scott Boulevard Taft Avenue to and the extension of Hummingbird Lane to Lower West Branch Road. Upon completion, the design plans will be approximately 60 percent complete. The submittal of preliminary plans shall be completed on or before the date established in the schedule illustrated in Attachment B. 1.1 Plan Preparation - Title Sheet and Typical Sections (A and B Sheets) Prepare title and typical section sheets for Lower West Branch Road and Hummingbird Lane. This task shall also include miscellaneous details such as special paving details, grading details and other required details. 1.2 Plan Preparation - Estimate of Quantities (C Sheets) This task consists of a preliminary determination of the bid items to be included in the project, along with their appropriate tabulations. 1.3 Plan Preparation - Plan and Profile (D and E Sheets) Prepare preliminary plan and profile drawings at a scale of 1"=50' horizontal and 1"=5' vertical. These drawings will show base mapping and proposed roadway alignments. Include slope intercepts, side road intersections, ditch locations, cross drainage, erosion containment, existing and proposed drainage structures (including flow line, drainage area, and topography), existing and proposed right-of-way, easements, and entrance profiles. Intersecting angles and station equation between mainline and side road reference line will also be shown. Profiles will show proposed elevations, grades, vertical curve length and "K" value, elevations for PVC, PVI, and PVT, ditch profiles and ditch elevations. These drawings will also show existing contours and proposed grading information along the corridor. 1.4 Plan Preparation - Staging and Traffic Control (J Sheets) This task consists of the developing a suitable plan for construction staging and traffic control measures to be implemented during construction. The plan will include provisions for through traffic and temporary access to adjacent properties during construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.5 Plan Preparation - Pavement Markings and Traffic Signing (K Sheets) This task consists of the development of pavement marking and traffic signing plans to be placed into service following construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.6 Plan Preparation -Intersections and Mainline Geometries (L Sheets) Prepare a 1 "=20' scale preliminary plan for each intersection and mainline in areas where the special transition is required to maintain positive drainage. Basic horizontal information shall be presented showing design vehicle turning radii, turning movements, design vehicle turning path. 1.7 Plan Preparation - Storm Sewer, Water main, and Subdrain (M Sheets) Complete hydrologic and hydraulic investigations will be completed in accordance with Chapter 2 of Iowa Statewide Urban Design Standards for Public Improvements (SUDAS) for proposed storm S:\PROJ\060013-J01\PROJ\Administrative\Contract\sos-032206-1CRdwyDsgn.doc 3/22/2006 Engineering Alliance Inc Project No. 060013-J01 Lower West Branch Road Improvements Iowa City, Iowa sewer along mainline and at side roads or in areas where new low points are created due to new roadway geometries. This task consists of developing a "Storm Water Management Plan" for the areas surrounding the proposed improvements. This plan will inventory the existing hydrologic and hydraulic conditions and analyze the impacts the proposed improvements will have on the area wide drainage patterns. Once the impacts have been quantified alternatives will be developed to support the proposed improvements. Preliminary design and layout of the storm sewer, culverts, subdrain and water main will be included on these sheets. 1.8 Plan Preparation - Special Construction Details (U Sheets) This task consists of the design and drafting associated with the preliminary assembly of modified standards and special details. 1.9 Plan Preparation - RCS Culvert Plans (V Sheets) Prepare 1"=20' scale plat Type, Size, and Location (TS&L) plans for the proposed roadway drainage culvert. Includes a Situation Plan and a General Elevation consisting of a longitudinal section along the Lower West Branch Road centerline. Show roadway, curve and profile data, and hydraulic data. TS&L plans shall be prepared in accordance with lowa DOT, Iowa DNR, and USCOE to facilitate preliminary agency review and approval. 1.10 Plan Preparation - Cross Sections (W, X, Y, and Z sheets) Generate preliminary cross sections at 1"=10' horizontal and 1"=5' vertical scale at key locations for Lower West Branch Road and Hummingbird Lane. Cross sections will generally be developed at culvert locations, terrain breaks, and at 50' intervals. Include finished grade line elevation and calculated earthwork volumes, indicating estimated earthwork volume for each proposed construction stage. 1.11 Preliminary Opinion of Probable Construction Cost Prepare a preliminary opinion of probable construction cost for the project. Preliminary cost estimates shall be based on representative major project elements and based on recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. 1.12 Preliminary Plan Review by Design Team The consultant shall submit preliminary plans and budget to the City for review and comment. A Field Review will be held by the Project Development Team to discuss key issues and design concepts, including drainage, access control, traffic controVstaged construction and right-of-way. The review will determine the completion of the plan design, identify needed adjustments to minimize potential property impacts and confirm the proposed staging plans. Revisions will be noted for preparation of final plans. 2.0 Final Plans The CONSULTANT will prepare final plans, which will generally include the following tasks for this project: Title Sheets (A Sheets) - This item consists of finalizing the title sheet. The title sheets will include the following: Index of Sheets, Index of Standard Road Plans, Mileage Summary, Legend, Location Map, Project Number, Letting Date and Design Designation. Tvoical Sections (B Sheets) - This item consists of final design and drafting of typical cross-sections and standard details to be utilized for the improvements. Estimate of Quantities (C Sheets) - This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. Plan and Profiles (D Sheets) - This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, and construction of the S:\PROJ\060013~J01 \PROJ\Administrative\Contract\sos~032206-ICRdwyDsgn.doc 3/2212006 Engineering Alliance Inc Project No. 060013-J01 lower West Branch Road Improvements Iowa City, Iowa proposed roadway improvements including grading limits and necessary storm sewer/culvert improvements. Reference Ties and Bench Marks (G Sheets) - This item consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the project. This also includes preserving any Government Corners. which are found in the vicinity of the proposed construction. Staaina and Traffic Control (J Sheets) - This item consists of final design and drafting of the construction traffic control plans. . Pavement Markinas (K Sheets) - This item consists of final design and drafting of the permanent pavement marking plans. Geometric Stakina Details (L Sheets) - This item consists of the final design and drafting of jointing details, spot elevations, and geometric layouts for all non-typical pavement areas. Includes design for entrance modifications. And also includes analyzing the effects proposed improvements will have on drainage, grades and on-site traffic circulation patterns. Storm Sewer. Water main Profiles and Details (M Sheets) - This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches, subdrain, and water main and other related utility features on the project. Tabulations of Earthwork Quantities (T Sheets) - This item consists of final design and tabulation of the earthwork quantities. Soecial Construction Details (U Sheets) - This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, culvert details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. This item also includes an Erosion Control Plan, in coordination with erosion control information listed in the Estimate of Quantity Sheets (C Sheets). RCB Culvert Plans N Sheets) - The CONSULTANT will compile plan sheets, specifications, detailed quantities, and standard detail designs for submittal at various milestone points for the reinforced concrete box culvert (RCBC). Special detail designs in regards to aesthetic treatments to structure is not anticipated and is not considered part of this Scope of Services. Desian Cross-Sections tw. X. Y. Z Sheets) - This item consists of the final design and drafting of individual cross-sections for the Project. Cross-sections will be designed and drawn at 50-foot maximum intervals, with additional cross-sections included as necessary. Cross-sections will show the existing ground elevations as well as the final project grading, including foreslope and backslope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. 3.0 Preparation of Project Manual This task consists of preparation of a Project Manual utilizing the standard City front-end documents, including conditions of the contract and detailed construction specifications. Also, the Statewide Urban Design and Specifications shall be utilized on this project. 4.0 Final Budget Review The CONSULANT shall prepare a final opinion of probable construction cost for the project. The final cost estimates shall be based on the representative major project elements and recent bid information. S:\PROJ\060013-J01 \PROJ\Administrative\Contract\sos..Q32206-ICRdwyDsgn.doc 3/22/2006 .---.-.--.-...-,-.------..---.--....--.-.-------...-.- Engineering Alliance Inc Project No. 060013-J01 Lower West Branch Road Improvements Iowa City, Iowa 5.0 Project Permitting The CONSULTANT will assist the City in preparing applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities, as necessary. The CONSULTANT shall prepare the following documents for the project: . NPDES Storm Water Discharge Permit . Pollution Prevention Plan . Applicable IDNR Public Water Supply Construction Permits Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the City. The CONSULTANT shall provide technical criteria, written descriptions and design data for the City's use in filing the applications for permits. The CONSULTANT shall prepare the permit applications and other documentation. TASK G - Bid Period Services The City will coordinate and manage the project letting process. The work tasks to be performed or coordinated by the City include the fOllowing: printing of plans and specifications, distribution of bid documents, notice of project publication and distribution of addenda. The work tasks to be performed or coordinated by the Consultant during the Bid Period Services shall include the following: 1.0 Printing of Plans and Specifications - (City Task) 2.0 Notice of Project The Consultant shall prepare of the formal Notice of Hearing and Letting. The City shall handle publication of the Notice of Hearing and Letting. The City shall also prepare and disseminate an informal notice to contractors concerning the upcoming Project. 3.0 Plan Clarification and Addenda The bid lettings shall be administered by the City. The Consultant shall assist the City during the bid periods in answering questions regarding the design intent. The CONSULTANT shall prepare addenda as appropriate to interpret, clarify or expand the bidding documents. Plan clarification information and addenda will be distributed to the project plan holders by the City. 4.0 Letting, Bid Tabs, and Award Recommendation The Consultant shall be a representative present when the bids and proposals are opened, shall make tabulations of bid for the Owner, shall advise the Owner on the responsiveness of the bidders and assist the Owner in making the award of contract, including preparation of necessary contract documents. TASK H - Construction Period Services The work tasks to be performed or coordinated by the Consultant during the Bid Period Services shall include the following: 1.0 Pre-Construction Meeting . The Consultant shall attend a preconstruction meeting for the project with contractors, suppliers, utility companies and City staff. It is anticipated that the City will perform construction administration and observation services. 2.0 Shop Drawing Review - (Task not required) S:\PROJ\060013-J01 \PROJ\A.dministrative\Contract\sOs-032206-ICRdwyDsgn.doc 3/2212006 Engineering Alliance Inc Project No. 060013-J01 Lower West Branch Road Improvements Iowa City, Iowa TASK 1- Proiect Deliverables The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City Engineer: . One (1) set of the original Preliminary Design drawings (half-size 11"x17"). . One (1) set of the original Final Design Drawings (half-size 11 "x17") . One (1) original copy of the project manual . Electronic files in AutoCAD format, including design base maps and sheet files. ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.) Traffic analysis. 2.) Landscaping design. 3.) Legal boundary surveys. 4.) Right-of-way negotiation and acquisitions. 5.) Report of record ownership and liens (title searches). 6.) Preparation of environmental evaluation and documentation. 7.) Wetlands Permitting and Mitigation 8.) Eminent domain proceedings. 9.) Relocation assistance. 10.) Right-of-way closing/recording services. 11.) Condemnation services. 12.) Project Letting Services 13.) Construction period services (administration, shop drawing review, observation, and survey). 14.) Construction testing services. S:\PROJ\060013-J01\PROJ'Administrative\Contract\sos-032206-1CRdwyDsgn.doc 3/2212006 Engineering Alliance Inc Project No. 060013-J01 Lower West Branch Road Improvements Iowa City, Iowa ATTACHMENT"B"-SCHEDULE Lower West Branch Road Improvements From Scott Boulevard to Taft Avenue Iowa City, Iowa The Consultant shall complete the following phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before April 1 0, 2006. Consultant Contract approval Preliminary Design Development Final Plan Preparation Plan Approval & Project Letting April 1 0, 2006 April 10 thru July 31,2006 August 1 thru December 12 2006 December 12 2006 thru January 17, 2007 If notice to proceed is given at a later date, time of completion shall be extended accordingly. S:\PROJ\060013-J01 \PROJ\Administrative\Contract\sos-032206-ICRdwyDsgn.doc 3/22/2006 Engineering Alliance Inc Project No. 060013-J01 Lower West Branch Road Improvements Iowa City, Iowa ATTACHMENT "C" - STANDARD RATES Lower West Branch Road Improvements From Scott Boulevard to Taft Avenue Iowa City, Iowa ENGINEERING ALLIANCE, INC. 2006 RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Manager 11 Project Manager I Project Engineer 11 Project Engineer I Staff Engineer 11 Staff Engineer I Engineering Technician 11 Engineering Technician I CADD Technician 11 CADD Technician 1 Field Technician 11 Field Technician I Administrative Assistant $110.00 $100.00 $95.00 $85.00 $80.00 $75.00 $75.00 $65.00 $60.00 $50.00 $75.00 $65.00 $50.00 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed on the basis of $0.445 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal will be billed at their invoice cost plus 15%. 4. All other direct expenses will be invoiced at cost plus 10%. ADJUSTMENTS TO FEE SCHEDULE 1. All expert testimony work in cases of litigation or anticipated litigation will be billed based on the type of work. For advisory work and consultation where the Engineer is not under oath, our fees shall be established by applying a multiplier of 1.25 times the standard rate schedule. For depositions and testimony during trial our fees shall be established using a multiplier of 1.50 times the standard rate schedule. 2. Fee schedule effective January 1, 2006. Rates subject to change upon 30 days' written notice. S:\PROJ\060013-J01 \PROJlAdministrative\Contract\sos-03220e.ICRdwyDsgn.doc 3/2212006 Engineering Alliance Inc Project No. 060013-JOl Lower West Branch Road Improvements Iowa C~y, Iowa ATTACHMENT "0" - CITY'S RESPONSIBILITIES Lower West Branch Road Improvements From Scott Boulevard to Taft Avenue Iowa City, Iowa The City shall provide the following: 1. All necessary electronic plan and contour drawings, dtm drawings, orthophotos and current Johnson County Parcel drawings. 2. Any existing roadway plans/record drawings and utility maps for Lower West Branch Road, Scott Boulevard and Taft Avenue. S:\PROJ\Oe0013-J01\PROJ\A.dministrative\Contract\sos-03220e-ICRdwyOsgn.doc 312212006 Engineering Alliance Inc Project No. 060013-JOl Lower West Branch Road Improvements Iowa City, Iowa ATTACHMENT "E" -INSURANCE CERTIFICATES Lower West Branch Road Improvements From Scott Boulevard to Taft Avenue Iowa City, Iowa The pertinent insurance certificates to be submitted upon acceptance of Engineering Proposal. S:\PROJ\060013-J01\PROJ\Admlnistrative\Contract\sos-032206-ICRdwyDsgn.doc 3122/2006 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY) 03/23/0. PRODUCER 1-800-247-7756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes MUrphy &; ASBOC - WDM ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 9207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Des Moines, IA 50306-9207 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hawkeve Security Engineering Alliance, Inc. INSURER B: INSURER C: 4211 Glass Road NE, Suite B INSURER D: Cedar Raoi~s, IA 52402 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ TYPE OF INSURANCE POLICY NUMBER POL.ICY EFFECTIVE POt..ICY EXPIRATION LIMITS A ~NERAL LIABILITY 8019924 04/01/05 04/01/06 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL. GENERAL. L.IABILlTY FIRE DAMAGE (Any ooe fire) $300,000 I CLAIMS MADE 0 OCCUR MED EXP (Any one .........(0) S 5,000 - PERSONAL. & ADV INJURY $ 1,000,000 - GENERAL. AGGREGATE $ 2,000,000 ~'L AGG~f~!tILlMIT APnS PER: PRODUCTS-COM~OPAGG S 2,000,000 POLICY ':'~.Q;: LOG A ~TOMOBILE LIABILITY 8014525 04/01/05 04/01/06 COMBINED SINGLE LIMIT Sl,OOO,OOO ~ ANY AUTO (EaaCCidenl) - AL.L OWNED AUTOS BODIL. Y INJURY (Per person) , - SCHEDULED AUTOS -"-. HIRED AUTOS BODILY INJURY , X NON.QWNED AUTOS (Peraccidenl) - PROPERTY DAMAGE , (Peraccidenl) ~GE LIABILITY AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . A EXCESS L.IABlLITY 8014625 04/01/05 04/01/06 EACH OCCURRENCE $ 5,000,000 ~-OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 , ~ ~EDUCTIBlE . RETENTION . . A WORKERS COMPENSATION AND 8013125 04/01/05 04/01/06 X I we STATU- IOJ~ EMPLOYERS' LIABILITY $500,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPlOYE $500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONSJlOCATlONSNEHICLES/EXCL.USIONS ADDED BY ENDORSEMENT/SPECIAL. PROVISIONS Re: Reconstruction of Lower West Branch Road from Scott Boulevard to Taft Avenue, &: the extension of Hummingbird Lane to Lower West Branch Road. CERTIFICATE HOLDER I I ADDmONAL. INSURED; INSURER L.ETTER: CANCELLATION SHOUL.D ANY OF THE ABOVE DESCRIBED POL.ICIES BE CANCEL.L.ED BEFORE THE EXPiRATION The City of Iowa City DATE THEREOF, THE ISSUING INSURER WIL.L. ENDEAVOR TO MAil ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOL.DER NAMED TO THE L.EFT, BUT FAIL.URE TO DO SO SHAL.L. 410 Bast washington Street IMPOSE NO OBLIGATION OR L.IABILlTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENT A TIYES. Iowa City, IA 52240 AUTHORIZED REPRESENTATIVE 8~i C;'''f/--".t USA ACORD 25-S (7/97) sgruberwdsm 4086448 @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate hoider, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25.5 (7/97) ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE IMMiDDNYI 3/22/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy 8t Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 500 1st Street N.E, #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cedar Rapids, IA 52401 319.364-0648 INSURERS AFFORDING COVERAGE INSIJRED Engineering Alliance, Inc. INSURER A; Zurich American Insurance Co. Attn: David Kapler INSURER s: INSURER c: 8191 Birchwood Court, HE INSURER D: Johnston, IA 50131 INSUREFl E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANce AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1!'l1f\ TYPE OF lNSUflANCE PQUCY NUMBER POUCY EFFECTIVE. POUCY EXPIRATION LIMITS ~NEflAL lIABIUTY EACH OCCURRENCE . COMMERCIAL GENERAl UABILITY FlilE DAMAGE IAnv one Ilrel . -1 ClAIMS MADE 0 OCCUR MEO EXP (Any DOlI personl . - PEflSONAl t. ADV INJURY . - GENERAL AGGREGATE . ~-~ AG~En ~IMIT APrl PER: PROOUCTS-COMP/OPAGG . POUCY p~fl;. LOC ~TOMOSlLE LIABILITY COMBINED SINGLE LIMIT . ANY AUTO (Eaatcide"11 - 1- ALL OWNED AUTOS BOOll Y INJURY . SCHEDULED AUTOS IPer personl e- f- HIRED AUTOS BODILY INJURV . f- NON-OWNED AUTOS (Pefaccidenll f- PROPERTY DAMAGe . lPelltCcldenll ROE UABlUTY AUTO ONLY- EA ACCIDENT . ANV AUTO OTHER THAN EAACC . AUTO ONLY: AGG . EXCESS LIABILiTY EACH OCCURRENCE , j' OCCUR. 0 CLAIMS MADE AGGREGATE . . =1 ~EOUCTl.LE . RETENTION , . WDRXERS COMPENSATION AND I rc ST ~I~:" I IO!tt EMPLOYERS' LIABILITY E.l. EACH ACCIDENT . E.l. DISEASE - EA EMPlOYEE , E.L. DISEASE _ POLICY LIMIT . A OTHER EOC 5344967-00 3/17/05 4/01106 Professional leI aims-made $1 ,OOO,OOO/each claim; Liabilitv: nolicu' $1 000 OOOlannual annrenate. DESCRIPTION OF OPERATlONSllOCATIONSNEHICU!SIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRiBED POUCIE$ BE CANCalED BEFORE THE EXPIRATION City of Iowa City DATE THEREOF. THE ISSUING INSURER WilL ENDEAVOR TO MAIL ~ DAYS WRITTEN 410 E. Washington Street NOTice TO THE CERTIFICATE HOLDeR NAMED TO THE LEFT. BUT FAILURE TO DO SO SHAll Iowa City, IA 52240 IMPOSE NO OBUGATION OR UABILlTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. ITHORI2ED REPRESENTATive ~ 11. -I- fL I ~ . . c:::=K. o. ," .~ ACORD 25-S (7/97) 0 G ACORD CORPORATIQ, - COVERAGES IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl, If SUBROGATION 1$ WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer{s}. authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO 25.5 17(97) ~~ CTI Prepared by: Brad Neumann, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 RESOLUTION NO. 06-111 RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF AN APPLlCA. TION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 5307, 5309 AND 5310 OF CHAPTER 49, US CODE OF FEDERAL REGULATIONS, FOR FY2006 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. WHEREAS, the City of Iowa City has a municipal transit system; and WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of projects costs; and WHEREAS, it is required by the U.S. Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, and in conjunction with the filing of applications for assistance under Chapter 49, Code of Federal Regulations - Section 5307, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that disadvantaged business enterprise be utilized to the fullest extent possible in conjunction with this project, and that definitive procedures shall be established and administered to ensure that disadvantaged businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. That the City Manager is authorized to execute and file an application on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in the financing of transit operations pursuant to Section 5307, 5309 and/or 5310, Code of Federal Regulations - Chapter 49. 2. That the City Manager is authorized to execute and file with said application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the City Manager, or the Johnson County Council of Governments - Transportation Planning Division (Transportation Planner or Assistant Transportation Planner) acting as the City Administrator's representative, are authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application. Resolution No. Oh-111 Page 2 4. That the City Manager is authorized to set forth and execute affirmative disadvantaged business policies in conjunction with the project's procurement needs. 5. That the City Manager is authorized to execute grant agreements on behalf of the City of Iowa City with the U.S. Department of Transportation for aid in the financing of transit operations and capital improvements. 6. The Johnson County Council of Governments - Transportation Planning Division - Assistant Transportation Planner [Brad Neumann] is authorized to: (a) submit and review Federal Transit Administration grant applications, quarterly reports, and any other required information; and (b) execute electronically the required FTA Annual Certifications and Assurances for the City of Iowa City. An original copy of the Annual Certifications and Assurances will be kept on file by the City of Iowa City. 7. That the grant agreement, upon FTA approval, may be executed electronically by JCCOG Assistant Transportation Planner (Brad Neumann) on behalf of the City Manager, City of Iowa City. It was moved by Ell. il ey and seconded by Resolution be adopted, and upon roll call there were: Champion the AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Passed and approved this 4th day of ~LJL MAYOR ATTEST: ~~--0l~-< ~ CITY ERK Approved by: /' City Attorney's Office ">;{f ~~ Jccogtpfftaljcres.doc N\-1--~ ~ ~ Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. Ofi-l1? RESOLUTION ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEA~ ENDING JUNE 30, 2007. WHEREAS, a public hearing was held on the proposed budget for the fiscal year ending June 30,2007 on February 28, 2006, and public comments received; and WHEREAS, the annual budget for the fiscal year ending June 30, 2007 for Community Events and Program Funding was adopted by Resolution 06-73, on March 7, 2006 totaling $80,800, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 40- The allocations attached are hereby adopted. Passed and approved this uth day of Apri' ,20 06 ' ~LJ~ Ross Wilbum, Mayor ATTEST: 7??~-uJI(. ~ anan K. Karr, City Clerk ~bY:f"";\. Q.U)vL, $- O1CJ_D,L City Attorney's Office It was moved by Bailev and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn v v X x c1er1o;\res\commfund.doc General Fund - Non-Operational Admin. FY2007 Community Events and Programs FUNDING REQUESTS FOR Actual Actual Budget Request Recommended COMMUNITY EVENTS & PROGRAMS FY2004 FY2005 FY2006 FY2007 FY2007 All Iowa New Horizons Band Extravaganza . . - 250 Blke-ln Theater - - . 600 Conner Center - ADA Celebration 1,080 972 972 972 972 I} Downtown Association. Holiday Lights 2,250 2,025 . 4,000 Extend the Dream Foundation's Ralston Creek Fair & Flea Mrkt 873 786 1,000 1,000 1,000 Johnson Co Historical Society 4,167 3,750 4,000 4,500 4,000 Jaycees' 4th of July Celeb, 4,950 4,455 4,455 4,455 4,455 Riverside Thealre" . - . 3,000 5,000 3,000 Saturday Night" Just Jazz" Series 8,600 . - . Sports Authority, CVB 17,000 17,000 , Summer of the Arts, Inc, - consolidates funding requests for the following events, beginning In FY2007: Arts Festival (June 5-8) 6,030 5,427 7,000 . . Jazz Festival (July 4-6) 6,750 10,075 6,075 . . Friday Night Concert Series 5,760 5,184 5,000 . . Saturday Night Free Movie Series . . - . . , Summer of the Arts, Inc, . - - 50,000 50,000 Community Events Contingency: . - 1,885 1,942 373 General Fund Community Event Funding: $ 40,460 $ 32,674 $ 33,387 $ 89,719 $ 80,800 11 Downtown Association has also requested that City Staff Install and take down the Holiday lights, , -----~-------_.,_.,.._"---------_.~----_.._.._--,..,.,-'-'---'~--"-