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Home My WebLink About2011-04-19 ResolutionM Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 11 -119 RESOLUTION TO ISSUE DANCING PERMIT L 3C 12 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his /her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license /permit, to wit: First Avenue Club - 1550 S. First Avenue Loyal order of Moose - 3151 Highway 6 East Passed and approved this 19 t-,h day of April , 2011 A4q1'-- MAYOR Approved by ATTEST: / AttC" X �'"k CIT LERK City Attorney's Office It was moved by hampion and seconded by wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion Dickens x x Hayek x Mims x Wilburn x_ Wright � 3e 2 Prepared by: Brian Boelk, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5437 RESOLUTION NO. 11 -120 RESOLUTION SETTING A PUBLIC HEARING ON MAY 3, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GILBERT STREET STREETSCAPE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Gilbert Street Streetscape account #3815. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 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 3rd day of May, 2011, at 7:00 p.m. in the 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 19)th day of April 120 11 ATTEST: CITY Ct-ERK pweng /res /g i Ibertstscape -set ph. doc 3/11 MAYOR Approved by Zia &dj� City Attorney's Office Resolution No. • 11 -120 Page 2 It was moved by Champion and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wp data/g I os sa ry/resol ution-ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -121 RESOLUTION SETTING PUBLIC HEARING FOR MAY 3, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 512 NORTH VAN BUREN STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million Wobs grant to assist in the acquisition and rehabilitation of twenty -five single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 512 North Van Buren Street, Iowa City; and WHEREAS, the City has received an offer to purchase 512 North Van Buren Street for the principal sum of $173,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 512 North Van Buren Street, Iowa City, Iowa, also known as part of Lot 5, Block 35, Iowa City, for the sum of $173,000, plus the "carrying costs ". Resolution No. 11 -121 Page 2 2. A public hearing on said proposal should be and is hereby set for May 3, 2011, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x_ Wilburn x Wright Passed and approved this 19th day of A -ril '2011. �1. MAYOR V ATTEST: J CITY C ERK Approved by vullx� V' '15 - -(( City Attorney's Office r f(1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -122 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 430 SOUTHGATE AVENUE, IOWA CITY, IOWA. WHEREAS, on July 22, 2008, the owner executed a Mortgage with the City of Iowa City to secure a loan; 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 lien for the property located at 430 Southgate Avenue from a Mortgage recorded July 24, 2008, Book 4329, Page 447 through Page 451 of the Johnson County Recorder's Office. Passed and approved this 19th day of April , 20 11 MAYOR Approved ATTEST: CITY -ERK City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright 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): Mid - Eastern Council on Chemical Abuse (MECCA) Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 430 Southgate Avenue, Iowa City, Iowa, and legally described as follows: Lot 14 and 15, Block 5, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 8, page 69, Plat records of Johnson County, Iowa. from an obligation of the owner, Mid - Eastern Council on Chemical Abuse (MECCA), to the City of Iowa City represented by a Mortgage recorded July 24, 2008, Book 4329, Page 447 through Page 451 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: C Y Ct7ERK STATE OF IOWA ) ) SS: JOHNSON COUNTY 1 `- MAYOR Approved by 4 City Attorney's Office On this —/? day of APE 1L , A.D. 20�, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of th - e corporation by authority of its City Council, as contained in Resolution No. 8-1,1 , adopted by the City Council on the � day APR- I L_ , 20 /1 and that the said Matthew J. Hayek 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. If SONDRAE FORT mmission Number 159791 Sandnc�t My Commission Expires Notary Public in and for Johnson County, Iowa 3 3 a M-�-� =3f Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -123 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 WILLIAM & JOAN GILPIN REV. TRUST, AND TENANT 2- TONE, INC. D /B /A BLUE BIRD DINER, 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, William & Joan Gilpin Rev. Trust, as landlord, and 2 -Tone, Inc., d /b /a Blue Bird Diner, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 330 Market St., 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; 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 the 2011 renewal of License Agreement for Temporary Use of Public Right -of -Way, 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 19th day of April 2011. j MAYOR ATTEST: azt-"a"") t/ CIT CLERK Ap aved !q ' City Attorney's Office Resolution No. 11-123 Page 2 It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x x x x,- X x wpdata/gIossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright '3f 3 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -124 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 MARC MOEN ET AL, AND TENANT LINN STREET CAFE INC. D /B /A LINN STREET CAFE, 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, Marc Moen et al, as landlord, and Linn Street Cafe Inc., d /b /a Linn Street Cafe, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 121 N. Linn St., 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2011 renewal of License Agreement for Temporary Use of Public Right -of -Way, 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 19th day of April , 2011. MAYOR ATTEST: CIT CLERK Approved by: 7 City Attorney's Office Resolution No. 11 -124 Page 2 It was moved by' champion and seconded by Wi 1 hiirn the Resolution be adopted, and upon roll call there were: AYES: x x x X x x x wpdata/glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Map U 3f(4) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -125 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 LUSATI, 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 Lusati, Inc, d /b /a Quinton's Bar & Deli, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 215 Washington St., 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2011 renewal of License Agreement for Temporary Use of Public Right -of -Way, 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 19th day of April —12011. ATTEST: c� .(f CIT CLERK Irk, ! I,l FWAAffiel Approved by: �� 1- City Attorney's Office Resolution No. 11 -125 Page 2 It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata/g los sa ry/resolution -ic. doe r�l �� 04-19-1 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -126 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 MIDWESTONE BANK, AND TENANT ICBB, LTD D /B /A BROWN BOTTLE, 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, MidwestOne Bank, as landlord, and ICBB, Ltd, d /b /a Brown Bottle, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 115 Washington St., 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 caf6 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2011 renewal of License Agreement for Temporary Use of Public Right -of -Way, 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 19th day of April , 2011. xy- /\ n MAYOR �- ATTEST: CITY-CLERK Approved by- (r City Attorney's Office Resolution No. Page 2 11 -126 It was moved by ' champion on and seconded by Wi 1 bi rn _ the Resolution be adopted, and upon roll call there were: AYES: —x x x x X x wpdata/glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright M4� 04-19- 3f(6) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -127 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 THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., L.L.C. D /B /A T- SPOONS, 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, Three Guys Holdings, LLP, as landlord, and J.J.G., L.L.C., d /b /a T- Spoons, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 301 Market St., 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2011 renewal of License Agreement for Temporary Use of Public Right -of -Way, 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 19th day of April , 2011. ATTEST: CIT CLERK MAYOR Approved b City Attorney's Office Resolution No. 11 -127 Page 2 It was moved by' Champion and seconded by adopted, and upon roll call there were: AYES: x x x_ x x x x wpdata/glossary/resolution -ic. doe NAYS: Wilburn the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 3f(7) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -128 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 DLSIC LC, AND TENANT MORROWCO LLC D /B /A PITA PIT, 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, DLSIC LC, as landlord, and Morrowco LLC, d /b /a Pita Pit, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 113 Iowa Ave., 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2011 renewal of License Agreement for Temporary Use of Public Right -of -Way, 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 19th day of April .1 2011. t MAYOR ATTEST: CITY`CLERK Approved b : City Attorney's Office Resolution No. 11 -128 Page 2 It was moved by' , Champion and seconded by adopted, and upon roll call there were: AYES: X X x x x x X. wpdata/glossary/resolution - ic.doc NAYS: Wilburn the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 04 .: Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB11 -0001 & SUB11 -0002) RESOLUTION NO. 11 -129 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF EPS FIRST ADDITION (A SUBDIVISION OF A PORTION OF LOT 19, HIGHLANDER DEVELOPMENT FIRST ADDITION), IOWA CITY, IOWA. WHEREAS, Eye Physicians and Surgeons ( "Applicant "), with the consent of the owner, ENT Properties, LLC, filed with the City Clerk the preliminary and final plat of EPS First Addition (a subdivision of a portion of Lot 19, Highlander Development First Addition), Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: The west 125 feet of Lot 19, Highlander Development, First Addition, Iowa City, Johnson County, Iowa, (final plat recorded in Plat Book 25, Page 52, Johnson County Recorder's Office). WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommend approval; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the Owner and Applicant; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2011) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the Applicant. Resolution No. 11 -129 Page 2 Passed and approved this 19th day of April , 2011. A*q, , 4 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion x Dickens x Hayek x Mims x Wilburn x Wright pcd /templates /Final Plat__ EPS.Resolution.docRnal Plat -- Resolution.doc.doc 5f Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (SUB11- 00004) RESOLUTION NO. 11 -130 RESOLUTION APPROVING FINAL PLAT OF TERRA VERDE, IOWA CITY, IOWA. WHEREAS, the owner, Hieronymus Family Partnership, LLC and the applicant, TNT Land Development, LLC, filed with the City Clerk the final plat of Terra Verde, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the East Quarter Corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S87 °35'12 "W, along the South Line of the Northeast Quarter of said Section 13, a distance of 50.00 feet, to the Point of Beginning; Thence continuing S87 035'12 "W, 340.00 feet; Thence N01 °30'01 "W, 514.00 feet; Thence S87 035'12 "W, 130.00 feet; Thence S86 °39'07 "W, 461.77 feet, to a Point on the East Line of Court Hill Addition, Part Twelve, in accordance with the Plat thereof Recorded in Plat Book 7, at Page 18, of the Records of the Johnson County Recorder's Office; Thence N01 016'59 "W, along said East Line, 576.72 feet, to a Point on the South Line of the Parcel conveyed by Warranty Deed, as Recorded in Book 1917, at Page 240, of the Records of the Johnson County Recorder's Office; Thence S73 °02'15 "E, along said South Line, 858.85 feet, to a Point on the West Line of Parcel "B" of "Ralston Creek South Property Acquisition" Plat of Survey, as Recorded in Plat Book 19, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S27 °38'05 "E, along said West Line, 260.25 feet; Thence S01 °30'01 "E, along said West Line, 562.70 feet, to the Southwest Corner thereof, and the Point of Beginning. Said Tract of Land contains 12.48 Acres, and is.subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2011) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. Resolution No. 11 -130 Page 2 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and. City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Passed and approved this 19th day of April ATTEST:c.�� 7i .sl CIT ',CLERK 20 11 . 6Z , ) 4-,QL,,,� MAYOR Pro tem It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: X X X X X X NAYS: Approved by City Attorney's Office 3 of �� Dickens the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ABSTAIN: X � _59 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB10- 00015) RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF MACKINAW VILLAGE — PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Craig Haesemeyer, filed with the City Clerk the preliminary and final plat of Mackinaw Village — Part Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot "A" of Mackinaw Village - Part Two, in accordance with the Plat thereof Recorded in Plat Book 48, at Page 108, of the Records of the Johnson County Recorder's Office, being a Portion of Government Lot 6 of Section 4, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City Johnson County, Iowa. Said Outlot "A" contains 7.89 Acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2009) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Resolution No. Page 2 Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: pcd /templates /Final Plat - Resolution.doc.doc MAYOR 201 Approved by r, City Attorney's Office Lr k-lljl and seconded by NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be STAFF REPORT To: Planning & Zoning Commission Prepared by: Tabatha Miller, Planning Intern Item: SUB10- 00014/SUB10 -00015 Date: April 7, 2011 Mackinaw Village Part 3 GENERAL INFORMATION: Applicant: Craig Haesemeyer 109 West Main Street State Center, IA 50247 Contact Person: Ben Logsden Phone: 319- 512 -2322 Requested Action: Preliminary and Final Plat Purpose: 13 -lot subdivision, including 12 lots with townhomes and one lot with a multifamily building Location: North of Arch Rock Road and east of Mackinaw Village Subdivision Part 2 Size: 7.89 acres Existing Land Use and Zoning: Undeveloped, zoned OPD5 Surrounding Land Use and Zoning: North: Undeveloped, ID -RM South: Residential, OPD5 East: Residential, ID -RS West: Residential, OPD5 Comprehensive Plan: Conservation and cluster development 2 -5 units per acre File Date: February 22, 2011 45 Day Limitation Period: April 8, 2011 60 Day Limitation Period: April 23, 2011 SPECIAL INFORMATION: Public Utilities: Sanitary sewer and water are available Public Services: Police, fire protection are provided by the City. The area is also served by the Manville Heights transit routes. Refuse and recycling are provided 2 by a private hauler. BACKGROUND INFORMATION: In August 2004 this property was rezoned from Interim Development (ID -RS) to Planned Development Overlay Low Density Single Family (OPD -5). The rezoning allowed for cluster development to preserve the environmentally sensitive features including the Iowa River corridor and flood plain, wetlands, regulated slopes and woodlands. At the same time, a preliminary plat of Mackinaw Village was approved to allow the subdivision of the property into a 1 15 -lot residential subdivision. The final plat of Mackinaw Village Estates, Part 1, a 14 -lot subdivision, and Part 2, a 70 -lot subdivision was approved in October 2004. Part 1 is now mostly built and Part 2 is partially complete. However, the preliminary plat for Part 3 expired in August 2006. In August 2008 new subdivision regulations were adopted. The new regulations contained revised standards for street design. The applicant has submitted a preliminary and final plat for Mackinaw Village Part 3, which complies with the new standards where possible. Construction plans have been submitted and are being reviewed by the City Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that these plans and documents will be approved by staff prior to City Council consideration of the final plat. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and has not had discussions with neighborhood representatives. ANALYSIS: Street Design: Mackinaw Village is accessible by Foster Road, with Algonquin Road and Mackinaw Drive providing access to units in Part 3 of the subdivision. Consistent with the original plat approved in 2004, the preliminary plat shows Algonquin Road to be extended north to the border of the subdivision. Mission Point Road will provide an east -west connection through the center of the subdivision. In 2004 when the Mackinaw Village preliminary plat was originally approved, the City's subdivision regulations required 50 -foot right -of -ways for local streets and 4 -foot sidewalks. The City's current subdivision code requires 60 -foot right -of -ways for local streets and 5- foot sidewalks. Because the streets and sidewalks are partially built, staff recommends continuing the 50 -foot street and 4 -foot sidewalk widths, except for Algonquin Road north of Mission Point Road. Algonquin Road will eventually be extended north to connect Foster Road to the Arn Property and then east to connect to Laura Drive. Because this portion of Algonquin Road will serve as a collector street for the northern development, it would be required to comply with the 60 -foot street width and 5 -foot sidewalk width pursuant to the current subdivision standards. Neighborhood Design and Sensitive Areas: The North District Plan promotes the use of cluster development of this area to preserve the environmentally sensitive features. The plan suggests conservation design development for the steep slopes and woodlands. As a result, an OPD5 zoning designation was approved in 2004, which included approval of a Sensitive Areas Development Plan addressing lot placement and size, tree protection and 3 tree placement, open space, conservation areas, and storm water management. At that time, lots 72 -74, 77 -75, and 79 -82 were also approved for 4 -unit townhomes, while lots 71 and 78 were approved for 2 -unit townhomes and lot 83 was approved for a 16 -unit multifamily building. The approval also included building designs for all lots except lots 79- 81, which are proposed to have 4 -unit townhomes with front - facing garages. These lots have a gas pipe line easement on the north side, making a rear lane difficult. As a result, in 2004, the City agreed to allow the front - facing garages and to work with the applicant to modify the building elevations and soften the appearance of the garages to reduce the front yard paving. The Planned Unit Development requires that building designs on these lots are subject to staff approval. Infrastructure fees: Water main extension fees of $395 per acre should be address in the legal papers. There are no Sanitary Sewer fees for this area. Neighborhood Park /and: Per the zoning code, the neighborhood open space requirement for all of Mackinaw Village is 1.77 acres. This requirement was fulfilled during the final plat of Mackinaw Village Part 2 with the dedication of Outlot C, a 1 .8 -acre parcel of open space in the northwest area of the subdivision. STAFF RECOMMENDATION: Staff recommends approval of SUB1 0-0001 4/SUB1 0-00015 the preliminary and final plat of Mackinaw Village Part 3, a 13 -lot 7.89 acre residential subdivision located north of Arch Rock Road and east of Mackinaw Village Subdivision Part 2 subject to approval of construction drawing by the Public Works Office and the legal papers by the City Attorney prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Preliminary plat 3. Final Plat Approved by: /VoW/ -'W - /yW� Robert Miklo, Senior Planner, Department of Planning and Community Development S: \PCD \Staff Reports\2010 \sub10 -00014 Mackinaw village pt 3 CITY OF 10 X CITY ID -RS FLINT DR O SUGAR L F R � � PL l � n At—'ROCK D'r� '"" z 0 OP�l Z Z. RM12 SITE LOCATION: Mackinaw Village, Part 3 OPD /RS12 HA"OOD DR I kM- 2 0 COLWYN' TREVOS E � CT P /Gs (�EWLYN RS5 n SUB 10 -00014 & SUB 10 -00015 Preliminary Plat Mackinaw Village — Part Three (A Resubdivision of Outlot "A ", Mackinaw Village — Part Two) Iowa City, Iowa Rl YIaR R� R r Yf YRI � Ml CRY. DOOR � COS OY rY RJR ORR4 LR YM1 /® f DvYA�Ii W YON M w $ii�°o�J.w i•..ans av_ �rr�YR1RrY�wYr RYr �bw•...r^y bwn - ara�•rWRa L� q lt�t/Rby �PPYOwm m City of faw�ynCRY M M 0 r.ND PUNNAt9 LAND 9fIfiPEY0R9 fANDF- 6 ARCHn f9 (711fORQtLL slim PRELIMINARY PLAT MACKINAW VILLAGE PART THREE ol. Rssuaonnsiory of urLOr -A- ��1wo1 IO Y JOHHNN ON COUNTY IOWA I MMS CONSULTANTS, INC. j � 12-1610 t- WCAiwx MR NOT TO SCALE 7331009 ea 4a.Anwg c M $ ..Il err. $■ an, low. sale PnPw m Mackk naw VMage - Part Two era eeTleeeti° ,Rev IeAaleer xx � Wic b P M 1CLIM v M Aaxwx CnMY wrNOe(+ lmLe PLAT/PLAN APPROVED by the City of Iowa City 7■k DAb. PI E Y SEwEs IMES N 1UW YY4N 111 . MOM -M URIC% Q WIHINK1101 RNIa ran DERAES un, FASEIORS AS 9M)wk tIDIEDII ARE ADEQUATE RDA 1R MSTIIlAnew Ale II,Ie11R11INQ 6 1R rAMURa RDI■1- m eY M rRlMl■q A'paE3 IpA1lI$r1e1 aJl'Y ace. D•fs DES, apIMM111T1oM3 T►t■ teDIA'a ➢Es Final Plat Mackinaw Village - Part Three A Resubdivision of Outlot 'A' of Mackinaw Village - Part Two Iowa City, Johnson County, Iowa PLAT PFEPAfEp BY I OWNERISUBDIMIDER OVVNF3iS ATl'OFiAEY AIMS CONBILTANTS INC. CRAIG HA 93B EYER TMOTW J. IOil1AM 1D17 SOUTH OLBERr Sr. Too WEST MAN STFEEf 2431 OORAL COURT IOWA CRY. IOWA, 52240 STATE CENTIM IOWA 50247 BORE 45 CORALVL.E, IOWA, 52241 - - - -- I certify that during the month of November, 2010. at the direction of Craig Hoesemeyw, a survey was mode under my Supervision of Outlot 'A' of Mackinaw Vila" - Part Two, In accordance with the Plat thereof Recorded M Plat Book 48, at Page 108, of the Records of the Johnson County Recorders Office, being a st, Portion of Govemment Lot 6 of Section 4, Township 79 North, Range 6 We of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot 'A' contains 7.89 Acres, and Is subject to easements and restrictions of record. .an s feel I RYI� -I� u■ ■ w r Qua six AI 7W 1'.tlC MA RA CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITE(,'TS ENYIRON111MAL SPECfADSIS 19119. GILBERT ST. IOWA CITY, IOWA 522,10 (319)351-6282 www.nwT— TsultenW -1: 5141 C ST SW SUITE C CEDAR RAPIDS, IOWA 5240{ (319) 8415188 LEGEND AND NOTES am. wtiw - eollale9acK'aMew, sang '1 -1611 PER CITY COIEV— JDII Ap -OOIIYE>aWK OUa6l IQSnM1im _ � �� 01 -2&11 PER CITY REVIEW -JON '211411 PER Cm COMMIXI3 JsM O - MII'EF11,Y afesERS RT / 2�� Mslb lE 04 7-- ® eM M Y WY - ARarIRTY !/w $ECwsI f3 — armlet ME.3 — - IaMa■sso4K _ IqR -6 -MY DIES - Oa11R UO - Ia, \nE3. elEfelK - lar 116 MTrD al eY a® Malin ----- - - - - -_ fA�EEIIf TIES rOTIlAIla1E _________((_))__________ _ peels' fAf]pR -m Al10MIE MolFa - MFAIRD'eeal■be (Y) Ctl -1 lE® Me® OsaeR IIL - a■K 9F■�IIT IIIeBDI E■O■e 11E M m eNaOWee NOTE NOTES ON 1NIS RAT ARE NOT INTENDED TO CREATE AN PoVAIE Y VESTED P .,EIEST M ANY STATED USE RESTRICTION OR COVENANT OR CREATE My TINA PARTY BENEFICIARIES TO My NOTED USE RESTRICTION OR CDYENANT. I Mee) wtMY IIIet $,Y IN raeMe eowmelt we Piwe4 W ew .M.w ..A w ey aw . ores mY s.a ewpy � .w sort I dI■I fa.e 9..Ma r,er Yw Me M Me 3 P aeI n m —. Dsllr T. ]a —. 4 IOIM w Mw w...a 0 acN r: EK Slewe a aw UIY _ eey A ,20_ . Netwy PI■Ik, h ace b the stow of loan FINAL PLAT MACKINAW VILLAGE PART THREE c IOWA CITY JOHNSON COUNTY a IOWA R MMS CONSULTANTS, INC. e TT- zazoTO r).la � vas Mx DAM 543 :, or,ee by. R am.. LW ` d8 O,I Yb by ■rat vie. GDM � rlvJerA RIP. IOWA CITY 7331009 .A v April 19, 2011 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7: 00 o'clock P M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright Absent: -1- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $7,640,000 General Obligation Capital Loan Notes, Series 2011, in order to provide funds to pay costs of the construction, reconstruction, and repair of improvements to public ways, sidewalks, overpasses, pedestrian underpasses and overpasses, bridges and streets; the opening, widening, extending, grading and draining of the right -of -way of streets, highways, avenues and public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks; the equipping of the fire department; and the establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing, as part of a municipal housing project under chapter 403 or otherwise, or for other purposes as may be authorized under chapter 403A, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes, had been published pursuant to the provisions of Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the proposal. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $540,000 General Obligation Capital Loan Notes, Series 2011, in order to provide funds to pay costs of the construction, reconstruction, improvement and equipping of recreation grounds and recreation buildings, including the construction of a marina and shelter area; elevator and entrance improvements to a recreation center; and the construction, reconstruction, improvement and equipping of City Hall, including miscellaneous improvements to City Hall and other departments, a general corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes and the right to petition for an election, had been published pursuant to the provisions of Sections 384.24, 384.24A, 384.25 and 384.26 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requiring that the question of issuing the notes be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the authorization of entering into a loan agreement and the issuance of notes to be closed. -3- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $210,000 General Obligation Capital Loan Notes, Series 2011, in order to provide funds to pay costs of the acquisition of property necessary for the operation of the City and the health and welfare of its citizens, including property within the area of the City known as the Riverfront Crossings District, a general corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes and the right to petition for an election, had been published pursuant to the provisions of Sections 384.24, 384.24A, and 384.26 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requiring that the question of issuing the notes be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the authorization of entering into a loan agreement and the issuance of notes to be closed. The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $410,000 General Obligation Capital Loan Notes, Series 2011, of the City of Iowa City, State of Iowa, in order to provide funds to pay costs of the aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, and all of the purposes set out in section 403.12, including the acquisition of property in Towncrest Urban Renewal Area, and that notice had been published as provided by Section 384.24A, 384.24(3)(q) and Section 384.25 of the Code of Iowa, of the proposal to issue the notes and the right to petition for an election. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the notes be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether, pursuant to Section 384.25 of the City Code of Iowa, any written objections had been filed by any city resident or property owner of the City resident, to the issuance of the notes. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of the notes and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -5- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $12,000,000 General Obligation Refunding Capital Loan Notes, Series 2011 C, in order to provide funds to pay costs of the refunding of outstanding general obligation indebtedness, including General Obligation Bonds, Series 2002, dated May 1, 2002, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes, had been published pursuant to the provisions of Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the proposal. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) IN I im The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Wright introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $7,640,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011 ", and moved: ❑ x that the Resolution be adopted. ❑❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock M. on the day of 2011, at this place. Council Member Mims seconded the motion. The roll was called and the vote was, AYES: Champion, Dickens, Hayek, Mims, Wilburn, NAYS: Wright, Bailey None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 11 -131 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $7,640,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011 WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $7,640,000 General Obligation Capital Loan Notes, Series 2011, for the purpose of paying costs of the construction, reconstruction, and repair of improvements to public ways, sidewalks, overpasses, pedestrian underpasses and overpasses, bridges and streets; the opening, -7- widening, extending, grading and draining of the right -of -way of streets, highways, avenues and public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks; the equipping of the fire department; and the establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing, as part of a municipal housing project under chapter 403 or otherwise, or for other purposes as may be authorized under chapter 403A, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $7,640,000 General Obligation Capital Loan Notes, Series 2011, to evidence the obligation thereof for the foregoing purpose. PASSED AND APPROVED this 19th day of April, 2011. ATTEST: x/ :X�Z'a"d City Clerk Mayor rti -1, c Whereupon, Council Member Bailey introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $540,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011," and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock M. on the day of , 2011, at this place. Council Member Mims seconded the motion. The roll was called and the vote was, AYES: Dickens, Hayek, Mims, Wilburn Wright, NAYS: Bailey, Champion Whereupon, the Mayor declared the measure duly adopted. Resolution No. 11 -132 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $540,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011 WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $540,000 General Obligation Capital Loan Notes, Series 2011, for a general corporate purpose, for the purpose of paying costs of the construction, reconstruction, improvement and equipping of recreation grounds and recreation buildings, including the construction of a marina and shelter area; elevator and entrance improvements to a recreation center; and the construction, reconstruction, improvement and equipping of City Hall, including miscellaneous improvements to City Hall and other departments, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. ,That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $540,000 General Obligation Capital Loan Notes, Series 2011, to evidence the obligation thereof for the foregoing general corporate purpose. PASSED AND APPROVED this 19th day of April, 2011. ATTEST: City C erk Mayor -10- Whereupon, Council Member Champion introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $210,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011," and moved: M that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock M. on the day of , 2011, at this place. Council Member Dickens seconded the motion. The roll was called and the vote was, AYES: Hayek Mims Wilburn Wright, Bailey, Champion, Dickens NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 11 -133 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $210,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011 WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $210,000 General Obligation Capital Loan Notes, Series 2011, for a general corporate purpose, for the purpose of paying costs of the acquisition of property necessary for the operation of the City and the health and welfare of its citizens, including property within the area of the City known as the Riverfront Crossings -11- District, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $210,000 General Obligation Capital Loan Notes, Series 2011, to evidence the obligation thereof for the foregoing general corporate purpose. PASSED AND APPROVED this 19th day of April, 2011. ATTEST: City C erk Mayor -12- LU4-1 tp--1 -1 9 Whereupon, the Mayor declared the hearing on the issuance of the bonds to be closed. Whereupon, Council Member Mims introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $410,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011 ", and moved its adoption. Council Member Bailey seconded the motion to adopt. The roll was called and the vote was, AYES: Mims, Wilburn, Wright Bailey, Champion, Dickens Hayek NAYS: None Whereupon, the Clerk declared the measure duly adopted. Resolution No. 11 -134 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $410,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011 WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $410,000 General Obligation Capital Loan Notes, Series 2011, for the purpose of paying costs of the aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, and all of the purposes set out in section 403.12, including the acquisition of property in Towncrest Urban Renewal Area, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That pursuant to Section 384.25 of the City Code of Iowa this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $410,000 General Obligation Capital Loan Notes, Series 2011, for the foregoing purpose. -13- PASSED AND APPROVED this 19th day of April, 2011. ATTEST: City herk `?V Mayor -14- 10 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Bailey introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $12,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011 C ", and moved: x❑ that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of notes to the meeting to be held at o'clock M. on the day of , 2011, at this place. Council Member Dickens seconded the motion. The roll was called and the vote was, AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek Mims NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 11 -135 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $12,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011C WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $12,000,000 General Obligation Refunding Capital Loan Notes, Series 2011 C, for the purpose of paying costs of the refunding of outstanding general obligation indebtedness, including -15- General Obligation Bonds, Series 2002, dated May 1, 2002, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $12,000,000 General Obligation Refunding Capital Loan Notes, Series 2011C, to evidence the obligation thereof for the foregoing purpose. Section 2. That the receipt of electronic bids by facsimile machine and through the PARITY® competitive bidding is hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Notes. PASSED AND APPROVED this 19th day of April, 2011. ATTEST: City erk A Mayor -16- April 19, 2011 The Finance Director of the City of Iowa City, State of Iowa, met in the Finance Director's office in City Hall, 410 E. Washington, Iowa City, Iowa, at 10:00 o'clock A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the notes to the best and most favorable bidder for cash, subject to approval by the City Council at 7:00 o'clock P.M. on the above date. The following persons were present: Kevin O'Malley, Marian Karr, Jon Burmeister Cyndi Ambrose Absent: -17- This being the time and place for the opening of bids for the sale of $7,925,000 General Obligation Capital Loan Notes, Series 2011A, the meeting was opened for the receipt of bids for the notes. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Stifel Nicolaus & Company, Inc Robert W. Baird & Co., Inc Citigroup Global Markets Inc 4. The best bid was determined to be as follows: Denver, Co Milwaukee, Wi Chicago, I1 Name & Address of Bidder: Stifel Nicolaus & Company Inc of Denver, Co. True Interest Rate: 2.471581% Net Interest Cost: $1,073,634.78 All bids were then referred to the Council for action. -18- This being the time and place for the opening of bids for the sale of $820,000 General Obligation Capital Loan Notes, Taxable Series 201113, the meeting was opened for the receipt of bids for the notes. The following actions were taken: I . Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: UMB Bank N.A. Kansas City, Mo Morgan Keegan & Co, Inc. Memphis, Tn Cronin & Co., Inc. Minneapolis, Mn Hutchinson, Shockey, Erley & Co Chicago, Il M & I Bank Milwaukee, Wi Bernardi Securities, Inc. Chicago, Il First Trust Portfolios, L.P. Lisle, Il Northland Securities, Inc. Minneapolis, Mn 4. The best bid was determined to be as follows: Name & Address of Bidder: UMB Bank N.A. of Kansas City, Mo. True Interest Rate: 1.084083% Net Interest Cost: $13,257.61 All bids were then referred to the Council for action. -19- This being the time and place for the opening of bids for the sale of $10,930,000 General Obligation Refunding Capital Loan Notes, Series 2011 C, the meeting was opened for the receipt of bids for the notes. The following actions were taken: 3. H Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Stifel Nicolaus & Company, Inc Robert W. Baird & Co., Inc Piper Jaffray Citigroup Global Markets Inc. The best bid was determined to be as follows: Denver, Co Milwaukee, Wi Minneapolis, Mn Chicago, Il Name & Address of Bidder: Stifel Nicolaus & Company, Inc. of Denver, Co. True Interest Rate: 2.605112% Net Interest Cost: $1,966,899.55 All bids were then referred to the Council for action. -20- April 19, 2011 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Bailey Champion Dickens, Hayek, Mims, Wilburn, Wright Absent: None -21- Council Member Mims introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $7,925,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011A," and moved its adoption. Council Member Wright seconded the motion to adopt. The roll was called and the vote was, AYES: Wright, Bailey, Champion Dickens Hayek, Mims, Wilburn NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 11 -136 RESOLUTION DIRECTING SALE OF $7,925,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011A WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $7,925,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011A: Bidder: Stifel Nicolaus & Company, Inc. of Denver, Co. the terms of said bid being: Purchase Price: $ 8,075,057.15 True Interest Rate: 2.471581% Net Interest Cost: $1,073,634.78 -22- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. PASSED AND APPROVED this 19th day of April, 2011. ATTEST: City Cler r Mayor -23- 11 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $7,925,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011A," and moved its adoption. Council Member seconded the motion to adopt. The roll was calleq and the vote was, AYES: NAYS: Whereupon, the Mayor dec RESOLUTION DIRECTING OBLIGATION CAPITAL LO WHEREAS, pursuant to public sale for the notes descril be the following: owing Resolution duly adopted: 4 OF $7,925,000 GENERAL NOTES, SERIES 2011A sired by law, bids have been received at and the best bid received is determined to $7,925,000 GENERAY OBLIGATION CAPITAL LOAN NOTES, SERIES 2011A: \ Bidder: of the terms of said bid }being: Purchase Price: $ True Interest Rate: Net Interest Cost: $ -22- Council Member Champion introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $820,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, TAXABLE SERIES 201113," and moved its adoption. Council Member Dickens seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn Wright NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 11 -137 RESOLUTION DIRECTING SALE OF $820,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, TAXABLE SERIES 2011B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $820,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, TAXABLE SERIES 2011B: Bidder: UMB Bank N.A. of Kansas City, Mo. the terms of said bid being: Purchase Price: $ 818,442.00 True Interest Rate: 1.084083% Net Interest Cost: $13,257.61 -24- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. PASSED AND APPROVED this 19th day of April, 2011. ATTEST: City Clerk Mayor -25- M Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $820,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, TAXABLE SERIES 2011B," and moved its adoption. Council Member called and the vote was, AYES: NAYS: Whereupon, the Mayor RESOLUTION DIRECTING CAPITAL LOAN NOTES, T, WHEREAS, pursuant to notice public sale for the notes described as be the following: seconded the motion to adopt. The roll was $820,000 GENERAL OBLIGATION TAXABLE SERIES 201'113: Bidder: of the terms of said bid being: Purchase Pricer $ True Interest Rate: Net Intere,st Cost: $ -24- Resolution duly adopted: ''$820,000 GENERAL OBLIGATION SERIES 201113 by law, bids have been received at the best bid received is determined to AL LOAN NOTES, Council Member Mims introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $10,930,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011 C," and moved its adoption. Council Member Bailey seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Dickens, Hayek, Mims, Wilburn, NAYS: Wright, Bail None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 11 -138 RESOLUTION DIRECTING SALE OF $10,930,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011 C WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $10,930,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011 C: Bidder: Stifel Nicolaus & Company Inc. of Denver, Co. the terms of said bid being: Purchase Price: $11,142,546.20 True Interest Rate: 2.605112% Net Interest Cost: $1,966,899.55 -26- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, the notes are hereby awarded based on the bid. Section 2. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. PASSED AND APPROVED this 19th day of April, 2011. ATTEST: City Clerk -A�--'--D" Mayor -27- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 21St day of _April , 2011. City Cle , ity of Iowa City, State of Iowa (SEAL) 689845.1 / 10714.104/105 I Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011 C," and moved its adoption. Council Memb7ote seconded the motion to adopt. The roll was called and the was, AYES: NAYS: Whereupon, the Mayor RESOLUTION DIRECTING OBLIGATION REFUNDING the folloNx/ng Resolution duly adopted: WHEREAS, pursuant to notice as public sale for the notes described as f0f1 be the following: $ GENERAL AL LOAN NOTES, SERIES 2011C $ GENERAL ,OBLIGATIO LOAN NOTES, SERIES 2-011C: Bidder: the terms of said bid being: Purchase Price: $ True Interest Rate: Net Interest Cost: $ of -26- by law, bids have been received at the best bid received is determined to ING CAPITAL Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 11 -139 RESOLUTION ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN AMENDMENT #3, WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUISNG AND URBAN DEVELOPMENT. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission (HCDC) made a recommendation to amend the FY11 Annual Action Plan at Its meeting on November 18, 2010 to allocate anticipated CDBG program income funds to three affordable rental housing projects; and WHEREAS, according to CITY STEPS, this is considered a substantial change to the FY11 Annual Action Plan and requires City Council approval; and WHEREAS, the City has disseminated information and received input at the November 18, 2010 HCDC meeting and the April 19, 2011 public hearing on the proposed Amendment #3; and WHEREAS, adoption of the Amended FY11 Annual Action Plan is required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY11 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City's amended FY11 Annual Action Plan, copies of which are on file in the Planning and Community Development Department, are hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY11 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this 19th day of April , 2011. ATTEST: CITY tLERK A�V cz�l MAYOR AD Droved by a (4, City Attorney's Office Resolution No. i i -13() Page 2 It was moved by' Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata/glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 11 -140 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER TRAIL — NAPOLEON TO TRUEBLOOD PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in Terry Trueblood Rec Area Trail Connection account #4221. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 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, not less than 4 and not more than 45 days before the date for filing the bids, 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. Sealed 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, before 2:30 p.m. on the 12th day of May, 2011. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 17th day of May, 2011, or at a special meeting called for that purpose. Passed and approved this 19th day of April 120 11 MAYOR ATTEST: %9iL City Clerk Pweng /res /truebloodrec area - appp &s.doc 4/11 Approved by Aau) A City Attorney's Office i5 Resolution No. 11 -140 Page 2 It was moved by* ' champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X X x x wpdata /glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5235 RESOLUTION NO. 1 > —1 4 i RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2012 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: We, hereby, authorize the City Manager, on behalf of the City of Iowa City, to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Department of Transportation. From the State Transit Assistance Program: 3.739676% (approximately $394,744) of Formula Funds From federal operating assistance for transit: $1,092,984; From federal funds for transit in non - urbanized areas and /or for transit serving primarily elderly persons and person with disabilities: $87,055; From state -wide federal capital assistance for transit: $18,853,050; From federal funds from the Job Access /Reverse Commute program: $132,268; From federal funds from the New Freedoms program: $57,600. We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Iowa City has sufficient non - federal funds to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this project. Resolution No. i i -w Page 2 We request the State Transit Assistance formula funding be advanced monthly as allowed by law, to improve transit system cash flow. Passed and approved this i 9th day of April '20 11 MAYOR Approved by ATTEST: CI LERK City Attorney's Office It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright jccogtp /res /sta- app- 1 1.doc ' r = 18 CITY OF IOWA CITY r MEMORANDUM Date: April 11, 2011 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services 61—a; 6--- Re: Howling Dogs Inc. Addendum to Lease — April 19, 2011 City Council Meeting Introduction: Included for the April 19, 2011 City Council Meeting you will find the Item & Comment, Resolution and supporting documentation for the Addendum to Lease Agreement with Howling Dogs Inc. Howling Dogs Inc. is in the process of facilitating a purchase of the Fairgrounds (Grounds for Dessert Coffee House Inc.) business and assets and will continue to operate the business as a coffee house and bakery. History/background: Fairgrounds, formerly known as Grounds for Dessert, has leased the space since June of 2006 at the Court Street Transportation Center. The business has been located in a commercial space consisting of 2460 square feet and is run as a vegan coffee house and bakery. Howling Dogs Inc. has negotiated an amendment to the lease with City staff in order to facilitate the sale and continue operation of the business located in this space. They will be adding to the menu, extending the business hours and offering live entertainment. In addition, Howling Dogs Inc. will be adding sidewalk cafe space during the warmer months. Discussion of Solution: City Legal and Transit staff have negotiated an amendment of the existing lease with representatives of Howling Dogs Inc. Should this be approved by City Council, this will allow assignment of the lease, contingent on the sale of Grounds for Dessert Coffee House, Inc. to Howling Dogs Inc. Monthly rent for this space will begin at $2050.00 for the initial two year term with the lessee also responsible for all property taxes. Recommendation: It is my recommendation that City Council approve this resolution for assignment and amendment of the Grounds for Dessert Coffee House Inc. lease for the space located at the Court Street Transportation Center. 1 Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -142 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONDITIONAL ADDENDUM TO LEASE AGREEMENT WITH HOWLING DOGS, INC. FOR ASSIGNMENT AND AMENDMENT OF THE GROUNDS FOR DESSERT COFFEE HOUSE, INC. (DBA FAIR GROUNDS) LEASE OF COURT STREET TRANSPORTATION CENTER SPACE. WHEREAS, Grounds for Dessert Coffee House, Inc. is the current tenant of approximately 2,460 square feet of ground floor commercial space within the Court Street Transportation Center; and WHEREAS, Grounds for Dessert, dba Fair Grounds, has negotiated to sell the business to Howling Dogs, Inc., who wishes to continue to operate the business as a coffee house and bakery, as well as adding sidewalk cafe space, extended hours, and live entertainment; and WHEREAS, the sale of the business requires the assignment of the present lease with Grounds for Dessert to Howling Dogs; and WHEREAS, Howling Dogs has negotiated with City staff for the amendment of some of the lease terms to facilitate the sale and continuation of this business in this space; and WHEREAS, staff feels the amendments made are fair and appropriate; and WHEREAS, the amendments are contained in the attached Conditional Addendum to Lease, which also requires Council approval; and WHEREAS, approval of the assignment of the lease, conditional on the sale of Grounds for Dessert Coffee House, Inc. business and assets to Howling Dogs, Inc., and approval of the Conditional Addendum to Lease are both in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Conditional Addendum to Lease is approved. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the Conditional Addendum of Lease attached hereto. 3. The lease between Grounds for Dessert Coffee House, Inc. and the City of Iowa City will be assigned to Howling Dogs, Inc. upon the sale of the Grounds for Dessert business and assets to Howling Dogs. 4. The City Manager is hereby authorized to execute the assignment of the lease to Howling Dogs, Inc., as well as any subsequent renewal options, as provided in the attached Conditional Addendum to Lease. Resolution No. 11 -142 Page 2 Passed and approved this 19th day of Avril , 20_LL_. �- Ap roved by ATTEST: CITY C ERK City Attorney's Office Resolution No. 11-149 Page 'I It was moved by' , champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x X wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Conditional Addendum to Lease This Conditional Addendum to Lease ( "Addendum ") is entered into on K , 2011 by and between the City of Iowa City ( "City" or "Landlord ") and Howling Dogs Inc. "HDI'). Recitals A. City, a municipal corporation, is the owner of fee title to certain premises situated in Iowa City, Iowa, commonly known as the Court Street Transportation Center and has the authority to lease said premises. B. City, as Landlord, and Grounds for Dessert Coffee House, Inc., as Tenant, have previously entered into a written lease for certain of the space located in the Court Street Transportation Center, which lease provided for a term ending on May 31, 2011 ( "Lease"), C. Grounds for Dessert Coffee House, Inc., the current tenant under the Lease, is negotiating for the sale of certain of its business assets, including an assignment of the Lease, to HDI. HDI, contingent upon closing on such purchase, wishes to continue the operation of a business in the leased premises for the remaining Lease term (ending May 31, 2011) and for an extended term. The parties wish to enter into this Conditional Addendum to such Lease to set forth the terms and conditions of the extended term. Terms and Conditions In consideration of the foregoing recitals and the following terms and conditions, it is agreed between the parties as follows: 1. Provided the current Tenant (Grounds for Dessert Coffee House, Inc.) and HDI enter into a final binding agreement for the current tenant's sale of certain business assets and leasehold improvements of such tenant to HDI, and further conditioned upon the parties closing on such transaction, City consents to an assignment of the existing Lease from Grounds for Dessert Coffee House, Inc. to HDI provided that HDI agees to be bound by all of the terms and conditions of the Lease for its remaining term ending May 31, 2011 and further agrees to be bound by all of the terms and conditions of this Addendum. 2. Upon HDI's closing on the purchase of certain of the business assets and the leasehold improvements of Grounds for Dessert Coffee House, Inc., HDI agrees to be bound by all of the terms and conditions of the Lease accruing from and after the closing date on such purchase and also agrees to be bound by all of the terms and conditions of this Addendum. HDI shall promptly notify City in writing of the closing on the acquisition transaction. In the event such closing does not occur on or before May 31, 2011, then this addendum shall become null and void unless it has been extended by written agreement of the City and HDI. 3. HDI and City agree that the Lease shall not expire on May 31, 2011, but shall instead be extended for one additional term of two years, from June 1, 2011 through May 31, 2013 ( "Extended Term "). Thereafter HDI, as the successor tenant, shall have three options to extend the Lease term: the first such option for a period of two years, and the remaining two options for periods of three years each. HDI shall be required to give written notice to Landlord not less than 120 days prior the expiration of the preceding term of HDI's intent to exercise an option for an additional term. All terms and conditions of the Lease as specifically modified by this Addendum shall be applicable during the initial two year Extended Term as well as each of the succeeding option terms, if exercised. Provisions of the original Lease relating to adjustment of rental for option terms shall not be applicable but instead shall be superseded by the rental adjustments specified in this Addendum. 4. The rent for the initial two year Extended Term, as well as the first two year option (if exercised), shall be $10 /sq.ft per annum. The rent for the second and third option terms (3 years each) shall be at $11 /sq.ft. 5. Commencing on June 1, 2011 and continuing during the initial 2 year Extended Term and each of the option terms, if exercised, the Landlord shall no longer pay $4 /sqft towards the real estate taxes, but rather FEDI shall pay the entire amount of real estate taxes for the rental premises as those payments accrue. Landlord shall continue to collect advances for the payment of taxes on a monthly basis as now provided in the Lease, and shall continue to only allocate a reasonable prorata share of the taxes imposed on the taxable portion of the building to the rental premises. 6. Landlord hereby consents to HDI's use of the open outdoor space immediately south of the internal seating area, subject to any setback requirements imposed by the ordinances of the City of Iowa City. HDI shall bear all costs associated with any fencing, platforms or other improvements required by ordinance or otherwise appropriate for use of such outdoor seating area. No rental shall be imposed in connection with HDI's use of such space. Any use of the outdoor space to the east of the rental premises shall be subject to the City's Sidewalk Cafe Ordinance and any associated costs or obligations shall be borne by HDI. 7. During the Extended Term and any exercised option term Landlord, through its parking division, shall sell to HDI annual passes for not less than four designated parking spaces inside the ramp adjacent to the leased premises at the then prevailing rate for such passes, as such rate may change from time to time. HDI shall be responsible for the installation and maintenance of any signage for reserving such spaces for HDI's employees and /or guests, which signage shall be subject to Landlord's approval. HDI shall be responsible for monitoring use and enforcement of such reserved parking. 8. City agrees that the designated allowable use of the premises as a "coffee house and bakery" shall include restaurant uses and also the performance of recorded or live music so long as such music does not disturb other tenants or become a public nuisance (disrupt any residential neighbors). 9. Landlord has no objections to HDI's installation of a coffee roaster within the rental premises provided that HDI complies with the requirements for alterations contained at paragraph 12 of the Lease. 10. Landlord and HDI acknowledge that this Addendum is contingent upon HDI's acquisition of the business assets and receipt of an assignment of the Lease. Should both of those events not occur, this Addendum shall be null and void. In the event both of such events occur, then the parties acknowledge that the Lease shall be extended according to its terms and conditions as expressly modified by this Addendum. 11. While this Addendum remains conditional., HDI may not assign its rights under this Addendum unless with the prior written consent of the City. After this Addendum is implemented, then any assignment of this Addendum shall be in accordance with the provisions of the Lease. IN WITNESS THEREOF, the parties hereto have duly executed this Conditional Addendum to Lease, HOWLING DOGS, INC. Date Steve S. Pernetti, President CITY OF IOWA CITY 1�a�� Mayor Matthew J. Hayek Attest: City Jerk CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Approved: -- vtl� t( City Attorney ��` 2011 before me the undersigned, a notary On this � day of �rz,� � public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. osa^�s SONDRAE FORT Commission Number 159791 My Commission Expires low 3 ao'� Notary Public in and for the State of Iowa HOWLING DOGS, INC. ACKNOWLEDGEMENT STATE OF IOWA } ) ss: JOHNSON COUNTY ) On this i day of mooy , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, pe onally appeared Steve Pernetti, to me personally known, who being by me duly sworn, did identify himself as the President of Howling Dogs, Inc., empowered to bind Howling Dogs, and acknowledges the execution of the instrument to be his own voluntary act and deed. Notary Public in or the State of Iowa o `41 � THOMAS H GELMAN z Commission Number 111593 My Commission Expires ,ow September 22, 2013 [y T Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5415 RESOLUTION NO. 11 -143 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENTS PROJECT [UST- 006 -7(82) - - 4A -52]. Whereas, the City of Iowa City, Iowa has negotiated a cooperative agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by reference made a part hereof; and Whereas, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for reimbursement of costs to reconstruct a portion of the U.S. Highway 6 and Sycamore Street Intersection Improvements project; and Whereas, funds for this project are available in the Sycamore Street - Highway 6 to City Limits account # 3811. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. It is in the public interest to enter into the above - mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. Passed and approved this 19th day of April , 2011. ATTEST: City Clerk Mayor Approved by:� City Attorney Office �(� ►� ►► It was moved by Wilburn and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x X x ABSENT: Bailey Champion Dickens Hayek Mims Wright i 19 April 2008 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN -STATE TRAFFIC ENGINEERING PROGRAM (U -STEP) PROJECT City: Iowa City Project No.: UST - 006 - 7(82)- -4A -52 Iowa Department of Transportation Agreement No.: 6- 10- USTEP -21 Staff Action No.: 11 -0065 This is an agreement between the city of Iowa City, (hereinafter called Recipient) and the Iowa Department of Transportation (hereinafter called Department) to enter into an agreement for joint or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to the laws of the governing bodies involved. The Department provides funds through the Urban -State Traffic Engineering Program (U- STEP), a cooperative program for safety or operational improvements on primary road extensions. The Department has made these funds available for reimbursement and will share eligible construction and right -of -way costs in the ratio of 55% Department funds to 45% local funds, up to a maximum amount in Department funds of $200,000 for a "spot improvement" or $400,000 for a "linear improvement ". A "spot improvement" shall mean a limited improvement project such as intersection reconstruction or. signalization; and a "linear improvement" shall mean an improvement project such as street or highway widening or reconstruction which spans two or more intersections. The Recipient proposes to develop and complete the following described spot improvement project: Project at the intersection of US 6 and Sycamore Street includes offsetting the eastbound and westbound US 6 left turn lanes and adding a US 6 eastbound right turn lane. Project also includes new traffic signals. Pursuant to the terms of this agreement, applicable statutes, and Administrative Rules, the Department agrees to provide U -STEP funding to the Recipient for the authorized and approved costs for eligible items associated with project improvements as described above. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of the U -STEP project. All notices required under this agreement shall be made in writing to the Department and the Recipient's contact person. The Department's contact person shall be the District 6 Local Systems Engineer. The Recipient's contact person shall be the City Engineer, or their designated representative.. 3. The estimated total of eligible construction and right -of -way cost for this project is $428,364. If, upon completion of final plans, the Recipient's cost estimate exceeds the preliminary total estimate contained herein by 20% or more, the increased cost must be approved by the Department prior to advertisement for bids. Extra work, requested subsequent to the contract letting, must also be approved by the Department prior to commencement of the extra work. U -STEP Agreement Page 2 4. If any part of this agreement is found to be void and unenforceable, then the remaining provisions of this agreement shall remain in effect. This agreement is not assignable without the prior written consent of the Department. This agreement, and the attached Exhibit A and Exhibit B, constitutes the entire agreement between the Department and the Recipient. No representations, promises, or warranties have been made by either party that is not fully expressed in this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement which shall be effective only upon written approval of the Department, and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown opposite its signature below: City: Iowa City By: Date Ap 2a it Title Mayor I, Marian K. Karr certify that I am the Clerk of the city of :,-:Iowa City, and that Matthew J. Hayek. who signed said Agreement for and on behalf of the Recipient was duly authorized to execute the same by virtue.of a formal resolution duly passed and adopted by the Recipient, on the 19th day of April , 2011 Signed: Aa'�_e_ -)VC o Date City b}erk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division By: km� Z �1Gf2� Date KnIfit L. Ellis, P.E. Local Systems Engineer District 6 April 2008 EXHIBIT A Standard Provisions for U -STEP or C -STEP Project Agreements 1. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. 2. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers, or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit B. 3. The Recipient shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, etc. 4. If right -of -way must be acquired for the project, the Recipient shall negotiate and secure the necessary right -of -way using the most appropriate of the following methods: A. When right -of -way is to be acquired, before acquisition procedures are begun, the Recipient shall meet staff from the Department's Office of Right of Way (ROW) to assure compliance with the U.S. Code, the Iowa Code, and 761 Iowa Administrative Code (IAC) Chapter 111; and determine what parcels, if any, are to be acquired in the name of the Department and what parcels, if any, in the name of the Recipient. B. Should eminent domain proceedings be required, the Recipient will condemn or appeal in the name of the Recipient or the Department, whichever applies. The project letting may not be held until the Recipient has certified that the right -of -way has been acquired. Upon completion of the acquisition for each parcel, all original documents for the acquisition shall be delivered to and become the property of the Department. C. The Recipient will meet with the Department's Office of Right of Way staff to determine who shall be responsible for demolition and /or property management functions. D. In accordance with 761 IAC Section 150.3(1)(b), the Recipient will be responsible for providing, without cost to the Department or the project, all right -of -way which involves dedicated streets or alleys, and other Recipient -owned lands, easements, and rights in land except park lands, subject to the condition that the Department will reimburse the Recipient for the value of improvements situated on said Recipient -owned lands if any. The Recipient has apprised itself of the value of these lands and, as a portion of its participation in the project, voluntarily agrees to make such lands available without further compensation. 5. The Recipient as well as its contractors, if any, agree to maintain all books, documents, papers, accounting records, and other evidence pertaining to all costs incurred under this Agreement and to make such materials available at their respective offices at reasonable times during the Agreement period and for 3 years from the date of the final payment under the Agreement, for inspection by the Department. 6. The Recipient shall be responsible for obtaining all applicable permits from the Department, such as the Right to Occupy and /or Perform Work Within the Department's Right -of -Way, Permit of Access , Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and /or other construction permits required for the project prior to advertisement for bids. 7. For projects let by the Department, the Recipient shall submit to the District an acceptable Project Development Certificate (Form 730002), plans, specifications, and cost estimate by the dates specified in the most current edition of Instructional Memorandum (I.M.) 3.005, Project Development Submittal Dates and Information. The Recipient shall also follow the Department's Exhibit A Page 2 letting procedures. For projects let by the Recipient, the Project Development Certificate, plans, specifications, and cost estimate shall be submitted to the District at least 4 weeks prior to advertisement for bids. Upon Department acceptance of the Project Development Certificate, final plans, proposal forms, specifications, and cost estimate, the Department will give the Recipient a written notice to proceed with the project. If the project will be let by the Recipient, advertisement for bids shall not be made until a written notice to proceed is received from the Department. After receiving the Department's approval, the Recipient shall advertise for bidders, hold a public letting, and provide adequate supervision for the construction work performed under the contract. The Recipient shall submit 2 copies of the bid tabulations and the letting documents to the Department for concurrence prior to formal action in the award of the contract. 9. If the Recipient lets the project, as described herein, the Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 10. The project must be let to contract within 2 years of the date this agreement is approved by the Department. If not, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 2 year deadline. 11. The Recipient will be responsible for the initial costs of the construction. The Recipient shall prepare and submit to the Department a detailed billing statement of materials, installation, and construction costs incurred by the Recipient. Billing statements may be submitted periodically during progress of the work. Design, inspection, and administration costs will be the responsibility of the Recipient. If said statement and documentation are. in proper form, the Department will promptly reimburse the Recipient for eligible project coss, less a withholding equal to 5% of the State share of construction costs, taking into account the limitations as stated in the agreement. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the State funds withheld.. 12. Signs and other traffic control devices necessary for construction of the project shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 13. If a detour is necessary, the Recipient will designate and sign the route at no cost to the project. The Department will cooperate if primary highways are involved. 14. Parking shall be prohibited on the minor street approaches for a distance of 35 feet in advance of the stop signs and /or crosswalks and on the exit sides of the minor streets for a distance of 35 feet beyond the stop signs and /or crosswalks. These parking restrictions shall go into effect at such time as the project is completed and opened to through traffic. 15. Upon completion of the project, the Recipient's engineer will certify that the project was completed in substantial compliance with the plans and specifications set out in this agreement before receiving final reimbursement of Department funds. 16. The Recipient shall provide to the Department 3 copies of the "as- built" project plans, within 6 months after the project is built. Exhibit A Page 3 17. The Recipient shall have ownership of traffic signals constructed with this project and shall operate them at its expense so long as signal protection is considered by either party as necessary at said location. If considered by both parties as no longer necessary at said location, the signals are to be removed by the Recipient at the Recipient's expense, and may be installed at another location acceptable to both parties and shall be owned and operated at the expense of the Recipient. 18. The Recipient shall submit a final detailed billing statement to the Department no later than 1 year after the date the Department concurs in the acceptance of the completed construction. If a final detailed billing statement is not submitted to the Department by the Recipient in the 1 year period, the Department will close the project's financial records without making additional reimbursement to the Recipient unless a time extension is requested. The time extension should be requested in writing by the Recipient and approved by the Department, at least 30 days prior to the 1 year deadline. 19. The Recipient agrees to indemnify, defend, and to hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. 20. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the dispute. The Department and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. November 2005 EXHIBIT B UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON - FEDERAL AID PROJECTS (THIRD -PARTY STATE - ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals (515- 281 -7357) or from its website at: http : / /www.iowai.net /iowa /dia /tsb 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a. Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non - Federal Aid Projects (Third -Party State - Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on -line at: http: / /www. dot. state.ia.us /local_ systems / publications /tsb_contract_provision.pdf b. Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a. Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b. Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and /or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, EEO Administrator, Office of Contracts, 800 Lincoln Way, Ames, IA 50010. November 2005 Recipient: CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non - Federal -aid Projects (Third -Party State - Assisted Projects) Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO 0 If no, explain Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State - assisted contracts associated with this project. Title Signature Date &14 - L: 19 20 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 11 -144 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENT, L.L.C. TO PROVIDE CONSULTANT SERVICES FOR THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT. WHEREAS, the CITY of Iowa City desires to improve the safety of the CITY's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the partial reconstruction U.S. Highway 6 and Sycamore Street Intersection will enhance safety and traffic flow in 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 U.S. Highway 6 and Sycamore Street Improvement Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Foth Infrastructure and Environmental, L.L.C. to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Foth Infrastructure and Environmental, L.L.C.; and WHEREAS, funds for this project are available in the Sycamore Street - Highway 6 to City Limits account #3811. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Consultants Agreement in duplicate. Passed and approved this 19th day of April 12011 z Approved by: ATTEST: City Jerk City Attorney's Office Resolution No. 11 -144 Page 2 It was moved by' ' Wilburn and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x _x X. —x x x_ x wpdata/glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this i gr day of April , 2011 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Foth Infrastructure and Environment LLC. , 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 U.S. Highway 6 and Sycamore Street Intersection Improvements and; WHEREAS, the design services to be provided shall include preliminary and final design of intersection geometric improvements, traffic signalization, water main design, modular block retaining wall design, utility location and possible relocation, roadway geometrics and general plan preparation. The total length of the proposed intersection improvement plans is on Sycamore Street from Deforest Avenue to Hollywood Boulevard, approximately 1500 LF in length. 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. 1. 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, attached and incorporated herein. The City agrees to provide the information stated in Attachment D, attached and incorporated herein. 11. 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 April 19th, 2011. The schedule of the work to be performed shall conform to the Schedule set forth in Attachment 8, attached and incorporated herein. 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 "Not -to- exceed" 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 furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant 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. 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 NOT -TO- EXCEED FEE (Unit Cost/Time Charges), including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment C, attached and incorporated herein. Preliminary and Final Design Services Construction Period Services (Limited) Subconsultants (Terracon) $ 87,800 $ 4,650 $ 15,500 Subtotal $107,950 City Contingency (10 %)* $ 10,795 TOTAL NOT -TO- EXCEED FEE $118,745 *Contingency has been included for use in the event that the City requests the Consultant to perform tasks that are in addition to the original scope of services as described in Attachment A. The Consultant shall not exceed the estimated actual costs ($107,950) without the prior written approval of the City. 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. FOR THE CITY Title: Mayor Date: April 19, 20 t t ATTEST: Cit -Clerk FOR THE CONSULTANT Foth Infrastructure and Environment, LLC Title: Senior Project Manager _ Date: 4 14 11 t Approved by: City Attorney's Office II I ( I Date '— Foth Companies U.S. Highway 6 and Sycamore Street Intersection Improvements Project No. 111002 -00 Iowa City, Iowa ATTACHMENT "A" - SCOPE OF SERVICES U.S. Highway 6 and Sycamore Street Intersection Improvements 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 roadway improvement plans for the project. The proposed project involves the design of traffic capacity and safety improvements for the U.S. Highway 6 and Sycamore Street intersection. The project will include the widening of both U.S. Highway 6 and Sycamore Street to accommodate a dedicated left turn lane on Sycamore Street (North of Highway 6) as well as a dedicated right turn lane (West of Sycamore Street) and offset left turn lanes on U.S. Highway 6. Also included in the project is water main and sidewalk replacement on the east side of Sycamore Street from U.S. Highway 6 to Deforest Avenue. The design services to be provided shall include horizontal and vertical alignment establishment, traffic signalization, water main design, modular block retaining wall design, utility location and possible relocation, roadway geometrics, and general plan preparation. The total length of the project plans for Sycamore Street is approximately 1500 LF. 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 Management 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 eight (8) 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 Foth Companies. 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 (In Iowa City) Note: there is one (1) additional meeting included for miscellaneous purposes. 1.3 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. CADocuments and Settingsldje1 lDesktop\sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa 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 (estimated 3 properties requiring temporary easements) and will be attended by one (1) staff member of the CONSULTANT. 1.4 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. 1.5 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 1.6 Design Coordination w/ Iowa DOT District 6 Local Office This task includes the coordination /project review with the Iowa DOT District 6 Office. Project plans and specifications will be provided to the Iowa DOT upon request or on identified project submittal dates. For budgeting purposes, it is assumed that three (3) meetings will be attended by one (1) staff member of the Consultant. Meeting minutes along with documentation of other communications shall be prepared by the Consultant and included in the project file. TASK B — Survey and Mapping 1.0 Preliminary Design Survey The CONSULTANT shall perform field and office tasks required to collect supplemental 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 (Task not required — Completed, by the Consultant, for previous Sycamore Street Imp Project) 1.2 Supplemental Topographic Survey The CONSULTANT shall perform supplemental topographic surveys required for the development of the project and to supplement the topographic survey that was performed, by the Consultant, for the previous Sycamore Street Improvements Project. 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 Supplemental Utility Survey The CONSULTANT shall perform supplemental utility surveys on Sycamore Street (Approx. 300 LF north of US Highway 6 to Deforest Avenue). 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. This task consists of a field survey indicating the location of utilities within the existing right -of -way for the project. The 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 culverts. CADocuments and Settings \dje1 \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa 1.4 Supplemental Right -of -Way Surveys The CONSULTANT shall perform supplemental right -of -way surveys on Sycamore Street from approximately 300 ft north of US Highway 6 to Deforest Avenue. 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. All property pins within the project corridor that are missing shall be documented. 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 Preparation of Acquisition Plats and Legal Descriptions The 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: Temporary Construction Easement plats = 3 each The following table summarizes the anticipated project right -of -way acquisitions, for which this scope of service task has been developed: PARCEL NUMBER PARCEL NAME TEMPORARY CONSTRUCTION 1 Core Sycamore Town Center T LLC 1 2 MGD LC 1 3 Community Coordinated Child Care 1 Individual plats and legal descriptions will be prepared for each parcel with 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. 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, easements will be staked one (1) time. Note: permanent easements are not anticipated for retaining wall structure, as the structure shall be the responsibility of the property owner upon completion of construction. 1.6 Replacement of Section Corner Monument The Consultant shall replace the section corner monument found at the NE corner of NW1 /4 section 23- 79N -R6W. This task includes preparation, certification, and filing of the U.S. Public Land Survey Corner Certificate in compliance with 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. C: \Documents and Settings \djel \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa The proposed method for section corner replacement shall include setting a 5/8" rebar at the section corner location within a monument casting. This task does not include supply and placement of the casting. The Consultant shall replace the section corner at the termination of construction. 1.7 Monumentation of Permanent Right -of -Way Acquisitions - (Task not included) 1.8 Wetland Delineation Survey - (Task not included) 1.9 Drainage Surveys - (Task not included) 1.10 Soil- Boring Location Surveys Perform soil- boring location surveys to establish location and elevation of proposed geotechnical investigations consisting of 3 soil borings. The Sub - Consultant shall field locate boring locations. TASK C — Geotechnical Services 1.0 Geotechnical Services The Sub - Consultant, Terracon shall provide the following services for the US Highway 6 and Sycamore Street Intersection Improvements. • Design Development (Retaining Wall Str'ucture). • Geotechnical Exploration and Analyses • Development of a Performance Specification • Shop Drawing Review 1.1 Design Development (Retaining Wall Structure) The Sub - Consultant shall assist Foth in the development of retaining wall structure alternatives, which take into consideration constructability and geotechnical soil conditions. The design team will evaluate various options including the possibility of incorporating the existing wall into the final design; using a tiered retaining wall system; and constructing a new modular block retaining system or reinforced concrete cantilever wall. Also includes attending a design development meeting with City of Iowa City and Foth. Detailed structural design of a retaining wall system is not part of this scope. 1.2 Geotechnical Exploration Analyses (SubConsultant) The Sub - Consultant shall complete geotechnical exploration for the US Highway 6 and Sycamore Street Intersection Improvements. These services will be in general accordance with the standard specifications for urban subsurface investigations and design. This task includes the necessary field and office services to provide a geotechnical report for the project. The task involves completing approximately 3 borings, extending to varying depths of 10 to 60 feet below existing grade, for purposes of the retaining wall design, laboratory testing and engineering analysis. The soil borings shall include coordination of traffic control measures, press releases (Coordinated through the City of Iowa City) and arranging a utility locate through Iowa One Call. This subsurface exploration will include moisture content tests, dry unit weight determinations, Atterberg limit tests, unconfined compressive strength tests and /or calibrated hand penetrometer tests, and standard Proctor tests on samples recovered as necessary to aid in the soil classification as well as to provide input to the analysis. The backfilling of the boreholes will be performed following the pavement/soil borings. The geotechnical firm shall be responsible for traffic control. The soils report will contain a description of the project; recommendations for the retaining wall structural design, summary of drilling, sampling and testing procedures; logs of the borings and test results and geotechnical recommendations. 1.3 Development of a Performance Specification The Sub - Consultant shall assist Foth in the development of a performance specification for the retaining wall structure. The specification shall account for all the design and construction parameters required by contractor. C1Documents and Settings \dje1 \Desktop \sos_2011 -0404 IC Hwy6- Sycamore FINAL.doc 4 Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa 1.4 Shop Drawing Review Refer to Task H Construction Period Services, Item 2.0 for detailed description of work to be completed. TASK D — Traffic Analysis 1.0 Travel Data, Forecasting and Operational Analysis 1.1 Existing Traffic The City of Iowa City will furnish existing traffic counts at the intersection of U.S. Highway 6 / Sycamore Street Intersection, including any available AM and PM peak hour turning volumes. The Consultant will review the data to determine if all necessary data is included. The Consultant will obtain and review data and reports describing traffic volumes and patterns within the project area. 1.2 Future Travel Forecasts The Consultant will develop traffic forecasts in coordination with the Metropolitan Planning Organization of Johnson County (MPOJC) for the routes within the project area that reflect the long - range plans. These forecasts will be based on available mainline traffic volumes including turn movements. The Consultant will review the data with MPOJC, Iowa DOT, and the City of Iowa City to ensure data accuracy and completeness. The Consultant will rely on the consensus of these public agencies in defining the future traffic forecasts for the project area. The Consultant will work with the City of Iowa City to review future land use and to estimate locations of future development that may impact traffic volumes for the corridor. 1.3 Operational Analysis The Consultant will perform operational analysis and modeling of the U.S. Highway 6 and Sycamore Street Intersection. The modeling will be conducted in a manner to serve as a tool to graphically illustrate roadway improvements and impact to traffic operations of the intersection. The analysis will not include modeling of the entire U.S. Highway 6 & Sycamore Street transportation corridors. Results of the analysis will verify the recommended lane arrangements and traffic signal phasing and timing for the U.S. Highway 6 and Sycamore Street Intersection. Performance measures used to assess the operation of the system will include the following: • Delay/ LOS • Volume to Capacity Ratio • Maximum Queue /Storage Lengths A brief technical memorandum will be prepared documenting the operation analysis and design requirements. The final deliverable will be a copy of the model supplied to the City of Iowa City. 1.4 Accident Analysis The Consultant will perform an accident analysis, which will consist of the review of crash data and collision diagrams as supplied by the MPOJC, City of Iowa City, and the Iowa DOT. The crash data will be analyzed and the intersection designed to mitigate any existing or potential future crash patterns. TASK E — Design Development 1.0 Preliminary Design This task consists of preliminary design development for the intersection improvements as outlined in the Iowa DOT USTEP funding application. The primary focus shall be roadway geometrics, utility and retaining wall (modular block — Kastle Block) design. 1.1 Develop Design Criteria C: \Documents and Settings \djel \Desktop \ sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa The Consultant will develop and submit to the City design criteria to be used in the developing the intersection improvements. Criteria will conform to the City of Iowa City, Iowa DOT and AASHTO Standards and will be in English units. The criteria to be addressed include: • Functional classification and design type. • Design speed and Regulatory speed. • Design vehicles for intersection design. • Widths of travel lanes, parking areas and right -of -way. • Horizontal clearance. • Provisions for pedestrians and /or bicycles. • Utility corridor locations. The Consultant will prepare a brief technical memorandum documenting the proposed criteria. The memorandum will be reviewed, revised, and approved by the City of Iowa City prior to proceeding with subsequent tasks. 1.2 Develop Typical Sections In consultation with the Project Development Team, the Consultant will develop typical sections for the mainline and side street roadway improvements. This task consists of preparation of typical sections, including lane widths, curb section /type, sidewalk widths, right -of -way widths, pavement types, and clear- zones. This task does not include pavement and subgrade design. This task also includes identifying potential storm sewer, water main and other utility locations in the development of the typical sections. The scope of services for this project does not include design calculations and capacity analysis water mains or sanitary sewers. 1.3 Develop Preliminary Geometrics Preliminary geometrics will be developed for the project. The primary focus will be on roadway and intersection geometry. Analyzing the effects of the proposed improvements on drainage and grades with respect to adjacent properties is included in this task. 1.4 Develop Horizontal Alignments and Vertical Profiles Utilizing preliminary geometrics; develop horizontal alignments and vertical profiles for the mainline and connecting roadways. The alignments and profiles will be developed based on the brief technical memorandum summarizing the design criteria. 1.5 Water main Design This task consists of designing of a 12" dia. water main that will replace an existing 6" water main located along the east side of Sycamore Street from U.S. Highway 6 to Deforest Avenue. Determining locations of hydrants, valves, water services and other key connections is included in this task. The Consultant shall coordinate the water main design with the City of Iowa City Water Division. 1.6 Preliminary Storm Sewer Design This task includes developing a preliminary storm sewer system layout plan that is in accordance with the City of Iowa City storm sewer design standards for public improvements and Chapter 4A — Urban Drainage in the Iowa Department of Transportation Design Manual. Storm sewer and intakes shall be sized as to convey a minimum of a 5 -yr storm. 1.7 Traffic Signal Design Upon the completion of the roadway geometrics, the Consultant shall develop a preliminary traffic signal layout identifying the location of the primary signal equipment (poles, heads, controller, supplemental pedestrian push buttons, etc.). Layout shall be in accordance with Manual on Uniform Traffic Control Devices (MUTCD) and available City of Iowa City Design Standards. 1.8 Cross Section Design CADocuments and Settings \djel \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAI..doc 6 Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa Integrate horizontal and vertical alignments, templates, and existing sections to prepare initial cross sections and slope intercepts for roadways. Revise cross sections to accommodate side ditch design and erosion control facilities. TASK F — Plan Development 1.0 Preliminary Plans Utilizing the preliminary geometrics as developed for the Iowa Department of Transportation USTEP funding Agreement, the CONSULTANT shall provide preliminary plans for the proposed intersection improvements. 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 Sycamore Street and U.S. Highway 6. 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 " =20' 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 - Intersection Geometrics (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 sewer along mainline and at side roads or in areas where new low points are created due to new roadway geometrics. 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 CADocuments and Settings \dje1 \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa 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, water main and subdrain will be included on these sheets. 1.8 Plan Preparation — Traffic Signal Plans (N Sheets) This task consists of the development of preliminary traffic signal plans at the intersection of Sycamore Street and US Highway 6 using available design standards of the City and the Manual on Uniform Traffic Control Devices (MUTCD). 1.9 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. This item also includes design and drafting services necessary for the implementation of a modular block retaining wall (Kastle Block Wall) on the east side of Sycamore Street north of U.S. Highway 6. This scope does not include detailed structural design, as it is anticipated that a performance specification will be written for the project. 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 Sycamore Street and US Highway 6. Cross sections will generally be developed at 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 controllstaged 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 check plans. 2.0 Check Plans Utilizing the preliminary geometrics, the CONSULTANT shall provide check plans. Upon completion, the design plans will be approximately 90 percent complete. The submittal of check plans shall be completed on or before the schedule as outlined in Attachment B. 2.1 Incorporate Comments from Preliminary Plan Review The CONSULTANT will respond to comments resulting from the Preliminary Plan Review and Field Exam. Recommended modifications will be incorporated into the plan set. 2.2 Check Plan Preparation The CONSULTANT will prepare check 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. Typical Sections (B Sheets) - This item consists of final design and drafting of typical cross - sections and standard details to be utilized for the improvements. CADocuments and Settings\dje1 \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa 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 and E 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 proposed roadway improvements including grading limits and necessary storm sewer 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. Staging and Traffic Control (J Sheets) - This item consists of final design and drafting of the construction traffic control plans. Pavement Markings and Traffic Signing (K Sheets) — This item consists of final design and drafting of the permanent pavement marking and traffic signage plans. Geometric Staking 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 and Subdrain (M Sheets) - This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches, water main, subdrain, and other related utility features on the project. Traffic Signal Plans (N Sheets) - This task consists of the final design and drafting of the proposed traffic signal at the Sycamore Street and US Highway 6 intersection. Included in this task will be the development of conduit and wiring diagrams, quantities, specifications and other elements of the traffic signal installation. Also includes the phasing and timing of the proposed traffic signal. Erosion Control Plans (S Sheets) This item consists of design and drafting of the proposed erosion control measures required for the project. Erosion control measures shall include but not limited to items such as silt fencing, wood excelsior mat, filter socks, rock outlet protection, storm sewer inlet protection and sediment traps. Special 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, special storm sewer or manhole details not included in the standard drawings, special paving details, retaining wall design details and other required details. Design Cross - Sections (W, 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. 2.3 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed for the final cost estimate. CADocuments and Settings \djel \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa 3.0 Final Plans Utilizing the check plans, the CONSULTANT shall provide final plans. The submittal of final plans shall be completed on or before the schedule as outlined in Attachment B. 3.1 Incorporate Comments from Check Plan Review The CONSULTANT will respond to comments resulting from the Check Plan Review. Recommended modifications will be incorporated into the final plan set. 3.2 Final Opinion of Probable Construction Cost Prepare the final opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed and for this estimate. 3.3 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: • Pollution Prevention Plan • NPDES storm water discharge permit • Applicable IDNR Public Water Supply Construction Permits • Application for Approval of a Traffic Control Device (Iowa DOT Form) • Work within right -of -way permit (Iowa DOT Form) 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. 3.4 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. The Iowa Department of Transportation design details and specifications shall be utilized on this project. TASK G — Bid Period Services (Limited) 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 - (Task not included) 2.0 Notice of Project The Consultant shall prepare 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. The City shall distribute the plan clarification information and addenda to the project plan holders. 4.0 Letting, Bid Tabs, and Award Recommendation CADocuments and Settings \djel \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc 10 Foth Companies U.S. Highway 6 and Sycamore Street Intersection Improvements Project No. 111002 -00 Iowa City, Iowa The Consultant shall be a representative present when the bids and proposals are opened and shall advise the City on the responsiveness of the bidders. The City shall prepare the tabulation of bids, award of contract, and prepare the necessary contract documents for the project. TASK H — Construction Period Services (Limited) The work tasks to be performed or coordinated by the Consultant during the Construction 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 (Limited) The Consultant shall review shop drawings, samples, and other data which the Contractor is required to submit, but only for conformance with design concept of the Project and conformance with the information given in the contract documents. The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. The Consultant shall have authority to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing, and approvals required. The Consultant shall review the following shop drawing submittals: a.) Traffic Signal Equipment b.) Retaining Wall Structure (Contractor Certified Design) — Task by Terracon. 3.0 Site Visits In connection with observations of the Contractor's work while it is in progress: The Engineer shall make visits to the site at intervals appropriate to the various stages of construction as the Consultant deems necessary (estimated three 3 site visits during the peak construction activity) in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the Contractor's work. Based on information obtained during such visits and on such observations, the Consultant shall determine, in general, if such work is proceeding in accordance with the Plans, and the Consultant shall keep the CITY informed of the progress of the work. b. The purpose of the visits to the site will be to enable the Consultant to better carry out his duties and responsibilities during the construction phase and, in addition, by exercise of the Consultant's efforts as an experienced and qualified design professional, to provide for the CITY a greater degree of confidence that the completed work of the Contractor will conform to the Plans, and that the integrity of the design concept as reflected in the Plans has been implemented and preserved by the Contractor. c. The Consultant shall not during such visits supervise, direct, or have control over the Contractor's work, nor shall the Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor for safety precautions and programs incident to the work or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes, or orders applicable to the Contractor furnishing and performing his work. d. During such visits, the Consultant may disapprove of or reject the Contractor's work while it is in progress if the Consultant believes that such work will not produce a completed Project that conforms to the Plans, or that it will prejudice the integrity of the design concept of the Project as reflected in the Plans. 4.0 Design Interpretation The Consultant shall answer design interpretation questions from City's Project Manager and Contractors. C1Documents and Settings \djel \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc 11 Foth Companies Project No. 111002 -00 U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa 5.0 Final Inspections and Project Closeout - (Task not included) 6.0 Change Orders - (Task not included) 7.0 Record Drawings This task consists of preparation of construction record drawings defining the actual location of improvements and fixtures. The Consultant shall prepare record drawings showing those changes made during construction, based on the marked -up drawings and other data furnished by the Contractor and the Resident Construction Observer. The Engineer shall provide the CITY with one (1) reproducible copy of the record drawings. TASK I — 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: • Seven (7) sets of Preliminary Plans (half -size 11 "x17 "). • Eight (8) sets of Check Plans (half -size 11 "x17 ") • Eight (8) original final review drawings (half -size 11 "x17 ") and final project manual • One (1) original final unbound drawing set and project manual • Two (2) sets of full size final drawings (22 "04 ") • Electronic files in AutoCAD format, including design base maps and sheet files • One (1) set of record drawings (half -size 11" x 17 ") on white 201b photo copy paper. 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.) Structural Design (custom retaining wall). 2.) Traffic projections. 3.) Landscaping design. 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 Delineation, 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, observation, and survey). 14.) Construction testing services. 15.) Development of a finish grade ground surface (CAD tin file) and contours. 16.) Tabulation of Earthwork Quantities (T Sheets). 17.) Right -of -way plan sheets (H Sheets). 18.) Public open house / informational meetings. Changes in Scope of Services: The City may request Additional Services from the Consultant not included in the Scope of Services as outlined. Additional services may include, but not be limited to, expanding the scope of the project and work to be completed; requesting the development of various documents; construction services; or requesting additional work items that increases the Engineering Services and corresponding costs. Upon initiation of Additional Services, the Consultant will submit the estimated cost. Such costs will be based on the current hourly rates and fixed expenses as outlined in the Consultant's attached Standard Fee Schedule. CADocuments and Settings \dje1 \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc 12 Foth Companies U.S. Highway 6 and Sycamore Street Intersection Improvements Project No. 111002 -00 Iowa City, Iowa ATTACHMENT "B" - SCHEDULE U.S. Highway 6 and Sycamore Street Intersection Improvements 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 19, 2011. Consultant Contract approval April 19, 2011 Preliminary Design Development April 19, 2011 thru May 18, 2011 Check Plans May 18, 2011 thru June 10, 2011 Final Plans June 10, 2011 thru June 30, 2011 Approval of Plans & Specs, Set Public Hearing July 5 2011 Public Hearing July 19 2011 Advertise for Bids July 20 2011 Project Letting August 9, 2011 Project Construction September 1, 2011 thru November 30, 2011 If notice to proceed is given at a later date, time of completion shall be extended accordingly. CADocuments and Settings \djel \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.doc 13 Foth Companies U.S. Highway 6 and Sycamore Street Intersection Improvements Project No. 111002 -00 Iowa City, Iowa ATTACHMENT "C" - STANDARD RATES U.S. Highway 6 and Sycamore Street Intersection Improvements Iowa City, Iowa Foth Infrastructure and Environment, L.L.C. 2011 Standard Hourly Rate Schedule CLASSIFICATION HOURLY RATE Project Director $152.00 Project Manager III $146.00 Project Manager 11 $135.00 Project Manager 1 $124.00 Project Scientist $131.00 Lead Engineer $135.00 Project Engineer III $124.00 Project Engineer II $114.00 Project Engineer 1 $103.00 Staff Engineer III $101.00 Staff Engineer II $97.00 Staff Engineer $91.00 Lead Technician $101.00 Engineering Technician III $97.00 Engineering Technician II $93.00 Engineering Technician 1 $84.00 CAD Technician $82.00 Lead Field Technician $96.00 Field Technician III $85.00 Field Technician 11 $72.00 Field Technician 1 $58.00 Land Surveyor $103.00 Administrative Assistant $60.00 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 per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.72 per mile. 3. Charges for outside services such as soils and materials testing will be billed at their invoice cost plus 15 %. ADJUSTMENTS TO FEE SCHEDULE 1. Fee schedule effective January 1, 2008. Rate changes occurring during contract period shall be subject to written approval by City. CADocuments and Settings ldjellDesktoplsos_2011- 0412_IC Hwy6- Sycamore_FINAL.doc 14 Foth Companies U.S. Highway 6 and Sycamore Street Intersection Improvements Project No. 111002 -00 Iowa City, Iowa ATTACHMENT "D" - CITY'S RESPONSIBILITIES U.S. Highway 6 and Sycamore Street Intersection Improvements 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 (for use in supplementing surveyed areas). 2. Any existing roadway plans /record drawings and utility maps for Sycamore Street and US Highway 6. CADocuments and Settings\djel \Desktop \sos_2011- 0404_IC Hwy6- Sycamore_FINAL.do0 15 21 Prepared by: Sara Hektoen, Assistant City Attorney, 410 E Washington St., Iowa City, IA 52240 (319)356 -5030 RESOLUTION NO. 11 -145 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN ENVIRONMENTAL COVENANT FOR A PORTION OF HIGHLANDER DEVELOPMENT, SECOND ADDITION, IOWA CITY, IOWA WHEREAS, 246 Group, L.L.C., A &B of Iowa, Inc., and Posh Hotel, L.L.C. and the Iowa Department of Natural Resources, desire to place an environmental covenant over certain land located to the northeast of Highway 1 and Interstate 80, in the Highlander Development, Second Addition, Iowa City, Iowa; and WHEREAS, this environmental covenant will subject the property to certain activity and use limitations; and WHEREAS, the City of Iowa City has an interest in a portion of the affected land by virtue of a watermain easement and sanitary sewer easement recorded in Book 38, Page 155, of the Johnson County, Iowa, Recorder's Office; and WHEREAS, as an easement holder, the City finds it appropriate to acknowledge the environmental covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor or his designee is hereby authorized to execute and the City Clerk to attest an environmental covenant with 246 Group, L.L.C., A &B of Iowa, Inc., and Posh Hotel, L.L.C. and the Iowa Department of Natural Resources, in a form approved by the City Attorney. Passed and approved this '19th day of A , 2011 MAYOR Pro tem Approved by ATTEST:2 CITY ERK City Attorney's Office Wt? -/if Resolution No. _ 11 -145 Page 2 It was moved by* ' Mims _ and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: — x x x x. x x wpdata/glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ABSTAIN: x 1 u4= i U-1 -I 22 Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319- 356 -5030 RESOLUTION NO. 11 -146 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DEVELOPER'S AGREEMENT, AND SANITARY SEWER AND WATERMAIN EASEMENT AGREEMENT FOR NORTHPOINT CROSSING, LOCATED WITHIN HIGHLANDER DEVELOPMENT, SECOND ADDITION, IOWA CITY, IOWA. WHEREAS, pursuant to the code of Ordinances of the City of Iowa City, 246 Group, L.L.C., A &B of Iowa Inc., and Posh Hotel, L.L.C. have submitted a site plan for development of certain property located within the Highlander Development, Second Addition in Iowa City, Iowa; and WHEREAS, city staff approved the site plan subject to the property owner granting to the City a sanitary sewer and watermain easement, as well as entering in to a Developer's Agreement with the City for the installation of certain public improvements and the payment of a water main extension fee; and WHEREAS, Staff recommends entering in to the Developer's Agreement and accepting dedication of sanitary sewer and watermain easements, as Staff finds it in the public's interest to ensure the integrity of the public improvements serving the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to enter in to a Developer's Agreement and accept a sanitary sewer and underground utility easement for the development of Lots A and 24 of the final plat of Highlander Development, Second Addition, Auditor's Parcels C and D of the plat of survey recorded in Book 33, Page 323, in the Records of Johnson County. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest, a Developer's Agreement and Sanitary Sewer and Water Main Easement Agreement with 246 Group, L.L.C., A &B of Iowa Inc., and Posh Hotel, L.L.C. to allow for the development of the above described land, in a form approved by the City's Attorney's Office. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office, together with the agreements approved and accepted herein, said recording costs to be paid by 246 Group, L.L.C. Pa ed and approved this 19th day of April , 2011. ATTEST: / MAYOR o tem CITY-CLERK Ap roved by 4'/13111 Resolution No. 11 -146 Page 2 It was moved by' ' champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x x_ x x x wpdata/gIossary/resolution -ic. doe NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ABSTAIN: x