HomeMy WebLinkAbout2011-09-20 ResolutionJ
4d(1)
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 11 -305
RESOLUTION SETTING PUBLIC HEARING FOR OCTOBER 4, 2011, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 336
DOUGLASS COURT.
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 I -Jobs grant to assist in the acquisition and
rehabilitation of twenty -six 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 336 Douglass
Court, Iowa City; and
WHEREAS, the City has received an offer to purchase 336 Douglass Court for the principal
sum of $105,000 (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
336 Douglass Court, Iowa City, Iowa, also known as Lot 29, Wise Addition, for the sum of
$105,000, plus the "carrying costs ".
Resolution No. 11 -305
Page 2
2. A public hearing on said proposal should be and is hereby set for October 4, 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 Mims the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Passed and approved this 20th
Approved by
City Attorney's Office
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
day of September , 2011.
MAYOR
ATTEST: /% -cr
CICII RK
r
��.,:.® CITY OF IOWA CITY
47 k,
MEMORANDUM
Date: September 12, 2011
To: Tom Markus
From: Ron Knoche, City Engineer
Re: Final Acceptance of Public Improvements
The following are costs associated with the Capital Improvement Project being
presented for acceptance at the September 20th Council meeting:
1) Senior Center Boiler and Chiller Replacement Project
Contractor.' RMB Co., Inc.
❖ Project Estimated Cost: $ 725,000.00
❖ Project Bid Received: $ 759,900.00
❖ Project Actual Cost: $ 732,678.00
cc: Rick Fosse
� r
%Ut � AL
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
ENGINEER'S REPORT www.icgov.org
September 9, 2011
Honorable Mayor and City Council
Iowa City, Iowa
Re: Senior Center Boiler and Chiller Replacement Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that RMB Co. Inc., of Iowa City, Iowa has completed the
construction of the Senior Center Boiler and Chiller Replacement Project in
substantial accordance with the plans and specifications prepared by the former
engineering firm Gessner Group Inc., of Iowa City, Iowa and construction
administered by VSP Engineering of Coralville, Iowa The required performance
and payment bond is on file in the City Clerk's office.
The final contract price is $ 732,678.
I recommend that the above - referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Ron Knoche, P.E.
City Engineer
SAENGMCHITECTURE FILE \Projects \Senior Center Boiler and Chiller Replacement Project 2007 \Engineer's Report-Senior Center Boiler and Chiller
Replacement project 09 2011.doc
4e(1)
Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044
RESOLUTION NO. 11 -306
RESOLUTION ACCEPTING THE WORK FOR THE SENIOR CENTER BOILER
AND CHILLER REPLACEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Senior Center Boiler and Chiller Replacement Project, as included in a contract between the City
of Iowa City and RMB Co., Inc. of Iowa City, Iowa, dated May 13, 2008, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, funds for this project are available in the Senior Center Boiler and Chiller
Replacement account # 4318 - 444300; and
WHEREAS, the final contract price is $732,678.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 20th day of September , 20 11
A�� dN
MAYOR
Approved by
ATTEST:
CIT - LERK
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
Pweng /res /acptwork- SrCtrBoilerC hiller.doc
9/11
NAYS:
if il I" A 624
P�
City Attorney's Office
Mims the Resolution be
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
M 1c
4e(2)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 11-307
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1909 DELWOOD
DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total
amount of $29,533, executed by the owner of the property on October 16, 2000,
recorded on October 20, 2000, in Book 3012, Page 631 through Page 635 in the
Johnson County Recorder's Office covering the following described real estate:
Lot 204, Mount Prospect Addition, Part IV, an Addition to the City of Iowa
City, Iowa, according to the plat thereof recorded in Book 18, Page 50, Plat
Records of Johnson County, Iowa
WHEREAS, University of Iowa Community Credit Union is refinancing a mortgage for
$109,000 and is securing the loan with a mortgage covering the real estate described
above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the
loan of University of Iowa Community Credit Union, secured by a proposed mortgage in
order to induce University of Iowa Community Credit Union to secure first position on
such a loan; and
WHEREAS, University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's lien
subordinate to the lien of said mortgage with University of Iowa Community Credit Union;
and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
as a second lien, which is the City's original position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and University of Iowa
Community Credit Union, Iowa City, Iowa.
Resolution No.
Page 2
11 -307
Passed and approved this 20th day of September , 20 1 1
ZAA ' Fa
MAYOR
ATTEST:
CITY ERK
�e�prov by
c�V �-
City Attorney's Office
It was moved by Champion 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
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the
amount of $29,533, and was executed by Pamela J. Thodos (herein the Owner), dated October
16, 2000, recorded October 20, 2000, in Book 3012, Page 631 through Page 635, Johnson
County Recorder's Office, covering the following described real property:
Lot 204, Mount Prospect Addition, Part IV, an Addition to the City of Iowa City, Iowa,
according to the plat thereof recorded in Book 18, Page 50, Plat Records of Johnson
County, Iowa.
WHEREAS, the Financial Institution has loaned the sum of $109,000 on a promissory note to be
executed by the Financial Institution, securing a mortgage covering the real property described
above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage
held by the City be subordinated to the lien of the mortgage made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mortgage held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgage of the City.
F= 1 =,'19, '-,011 10:54 319 =5hF' 1? IOWA CITY PLr tlF IHG PAGE 4=13/ 4
Effect- 7.his agreement shall be binding upon and inure to the benefit of the
4. Binding parties hereto,
respective heirs, legal rEpresentatives, successors, and assigns of the p
Dated this a 4 day of
CITY OF IOWA CITY
By
Mayor
Attest:
City
Cek
CITY'S ACKNOWLEQOEMENT
FINANCIAL INSTITUTION
LA,,, ?verse a cw
By
Il,1�r�ye je loam
STATE OF IOWA
JOHNSON COUNTY )
�� -� day of S , 20 �� before me, the undersigned; a Notary
On this __._� personally appeared Mc�-f�l- 'W J.
Public in and for the S'Late of Iowa, p and, who, being by me duly sworn, did say that they are the
Marian K. Karr, to ma personally known,
Mayor and City Clerl., respectively, of the Citcorporation, fi and that thel instrument wasis fined and
Y
foregoing instrument is the corporate seal of the
authority of its City Council, as contained in (Ordinance)
sealed an behalf of the corporation, by y , n / i and Call
(Resolution) No. Ifr3t)Z�� passed (the Resolurt�an adopted) by the City Council, under Roll an
( day of _ S�f' '^^�>;rL
No of the City Council on the . ---
and Marian K. Karr acknowledged the execution oft the
that
instrument tc be their volunta _ act and deed and the voluntary act and deed of the corporation, by it
voluntarily_executed;
ewt SONDRAE FORT
z° Commission Number 959791
My commission Expires Notary Public in and for the State of lows
low 3
&y ;N
C1:3 19r'9011 10:54 19 3 5 6 5 2217 IDWA CITY PLANNING PAGE 04/04
LF- NQF -R'S ACKN-0W -EU' —" ' "T
STATF OF IOWA )
) ss:
.JOHNSON COUNTY )
4h � SIX -. i 2q� , before me, the undersigned, a
On this day of S- { to me
Public in and for' the State of Iowa, personally appeared St
Notary U�1
personally known, who being try me duly sworn, did say that he /she is the
that said instrument was signed on behalf of said
of iYZi S� U u i� 5 cknowiedged
b authority of its �c)t"
r and th at said it and by
corporation y said corpora i Y
the execution of said instrn- e>tt -ta-be_ vole tary act a
him /her voluntarily
,Ja1us NA EMERSON Nota -1 in and fo the State of Iowa
i commission Number 714977
xpires: I 1 I
'- My Oommission e I
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Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5240(SUB11- 00008)
RESOLUTION NO. t 1 -3os
RESOLUTION APPROVING FINAL PLAT OF
ROCHESTER RIDGE PART TWO, IOWA CITY, IOWA.
WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens
Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens
,and the Applicant, Rochester Ridge LLC applicant, Rochester Ridge, LLC filed with the City Clerk
the final plat of Rochester Ridge Part Two, 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 Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in
accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the
Records of the Johnson County Recorder's Office; Thence N00 °33'42 "W, along the
West Line of said Oakwoods Addition Part 6, a distance of 551.54 feet, to the Point
of Beginning; Thence S89 °26'18 "W, 219.11 feet; Thence N48 014'36 "W, 107.60
feet; Thence N00 020'58 "W, 141.90 feet; Thence N19 °17'31 "W, 72.23 feet; Thence
N70 °42'29 "E, 4.85 feet; Thence N19'17'31 "W, 262.00 feet to a Point on the
Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment
Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson
County Recorder's Office; Thence N70 042'29 "E, along said Northerly Line, 423.30
feet, to the Northwest Corner of Dean Oakes Woods Addition, in accordance with
the Plat thereof Recorded in Plat Book 28, at Page 94, of the Records of the
Johnson County Recorder's Office; Thence S00 033'42 "E, along the West Line of
said Dean Oakes Woods Addition, and the West Line of said Oakwoods Addition
Part 6, a distance of 668.36 feet, to the Point of Beginning. Said Tract of land
contains 4.57 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.
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.
Resolution No. J] _308
Page 2
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
Passed and approved this 20th day of Spnt-pmhpr , 2011.
ATTEST:
CITY ERK
,4-
MAYOR
Approved by
41tycAttoArnelya's? Vffffice 3d /y
It was moved by _ x, and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
X
X
X
X
X
pcd /templates /Final Plat Part2- Resolution.doc.doc
NAYS:
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 (SUB11- 00011)
RESOLUTION NO. 11 -309
RESOLUTION APPROVING FINAL PLAT OF
STONE BRIDGE ESTATES, PART SEVEN, IOWA CITY, IOWA.
WHEREAS, the owner, Arlington Development, filed with the City Clerk the final plat of Stone Bridge
Estates, Part Seven, 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:
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79
NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON
COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE MORE PARTICULARLY DESCRIBED AS
FOLLOWS: AUDITOR'S PARCEL NO. 2011064, ACCORDING TO THE PLAT OF SURVEY
RECORDED IN BOOK 56, AT PAGE 7, PLAT RECORDS OF JOHNSON COUNTY, IOWA; AND
AUDITOR'S PARCEL NO. 2011073, ACCORDING TO THE PLAT OF SURVEY RECORDED IN
BOOK 56, AT PAGE 48, PLAT RECORDS OF JOHNSON COUNTY, IOWA.
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:
1. The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
Resolution No. 11 -309
Page 2
Passed and approved this 20th
CORPORATE SEAL
ATTEST: %GZ� 7�/-
CITftLERK
day of September , 2011.
MAYOR
Approved by
dity Attorneys Office
It was moved by Wright and seconded by Champion 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 /SUB11 -00011 Stone Bridg e Part 7 Final Plat- Resolution.docFinal Plat - F deselution.doo.doc
STAFF REPORT
To: City Council Prepared by: Sarah Walz
Item: SUB11- 000011 Date: October 4, 2011
Stone Bridge Estates, Part 7
GENERAL INFORMATION:
Applicant: Arlington Development
1486 S. First Avenue, Suite A
Iowa City, IA 52240
Contact Person: John Moreland
Phone: (319) 338 -8058
Requested Action: Final Plat
Purpose: Development of Part 7 of Stone Bridge Estates
development.
Location: North of Court Street along extensions of Colchester and
Arlington Drives.
Size: 8.56 acres
Existing Land Use and Zoning: OPD -5 Undeveloped
Surrounding Land Use and Zoning: North: Undeveloped, OPD -5
South: Single Family Residential, OPD -5
East: Undeveloped, RS -8
West: Single - Family Residential, RS -5
Comprehensive Plan: Northeast District Plan: Single- family residential.
Neighborhood Open Space District: Lower West Branch
File Date: August 30, 2011
60 -Day Limitation Period: November 28, 2011
BACKGROUND INFORMATION:
A Planned Development Overlay Re- zoning and Preliminary Plat and Sensitive Areas Development Plan
were originally approved for Stone Bridge Estates Parts 5 -9 by the City Council in October 2006. Council
has twice extended the term of the plat —most recently in June 2011. The entire 49.05 development
would result in 139 single - family lots, of which Part 7 would comprise 27 lots on 8.56 acres of land.
The Final Plat for Part 7 contains some changes from the preliminary plat. Most notably, an extension of
Thames Drive across the creek is eliminated as the applicant proposes to construct this extension with
2
Stone Bridge Part 10. (Earlier this year Council approved a preliminary plat for Stone Bridge Estates, Part
10, which includes the cross creek extension of Thames Drive. At this time there are no roads to connect
with Thames east of the creek until Part 10 develops and Huntington and Thames are further extended.)
The preliminary plat for Part 7 showed an outlot extending the length of the subdivision, north and south
of Thames Drive. The proposed outlot included a trail extension that would connect from Court Street
north to a public park to be dedicated with Part 8 of the development.
The final plat for Part 7 shows Outlot F along the creek, south of Thames drive only with a trail running the
length of the outlot. The applicant now proposes to designate and construct the portion of outlot and trail
section shown north of Thames in the preliminary plat as part of Stone Bridge, Part 8. A temporary
pedestrian -bike crossing over the creek would be provided as a requirement of Part 8 in order to connect
the various sections of the north -south trail until such time as the Thames Drive crossing is constructed in
conjunction with Part 10.
The outlots and trails would be constructed by the developer and owned and maintained by the
homeowners association. An easement will provide public access to the trails.
ANALYSIS:
Including these changes, the final plat of Stone Bridge 7 is in general compliance with the preliminary plat,
the sensitive areas plan, and the subdivision regulations. Construction drawings are currently being
reviewed by the City Engineer. Legal papers are being reviewed by staff and must be approved by the City
Attorney prior to Council approval of the final plat.
The Sensitive Areas Development Plan identifies the stream corridor and buffer, which are to be left
undeveloped. All land within the stream corridor buffer is included within the outlot to be owned and
managed by the homeowners association.
Conditions of Rezoning
The Conditional Zoning Agreement (CZA) signed in 2006 at the time of annexation and rezoning of this
property requires the applicant to share the proportional cost of improvement for the portion of Lower
West Branch Road that borders the property. (Lower West Branch Road was included in the CIP in order
to allow the rezoning and development of this and other properties along the road.) Included in the
CZA was the stipulation that the applicant pay $6,424.44 per acre for Stone Bridge Estates (a total of
$133,564.00) at the time of final plat approval for any of the land north of the midway point between
Court Street and Lower West Branch Road. The formula for assigning costs related to a street
improvement was developed by the Johnson County Council of Governments and was subsequently
adopted into the City's Subdivision regulations in 2008.
Part 7 is the first plat to contain lots located north of the midway point -2.89 acres of land within Part 7
subdivision are located north of the midway point. The applicant is therefore required to pay
$18,566.63. Parts 8 and 9 of Stone Bridge will be required to pay the remainder of the cost of
improvements at the time of their respective final plats.
STAFF RECOMMENDATION:
Staff recommends approval of SUB11- 000011, a final plat of Stone Bridge Estates, Part 7, a 27 -lot 8.56 -
acre residential subdivision north of Court Street along extensions of Colchester and Arlington Drives.
ATTACHMENTS:
1. Location Map
2. Plat
Approved by:
Robert Miklo, Senior Planner
Department of Planning and Community Development
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Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5140
RESOLUTION NO. 11 -310
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
WATER WORKS PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS
PROJECT, ESTABLISHING DIRECTING CITY CLERK BID SECURITY TO ACCOMPANY
EACH BID, D R
ERK 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 the Plant Site Well House Source Protection
account # 3283.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above -named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above -
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, 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 13th day of
October, 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 18th day of October, 2011, or at a special meeting called for
that purpose.
Passed and approved this 20th day of September _,20 i
MAYOR
ATTEST:
CITY ERK
pweng /res /appp &sWWPP- FloodMit.doc 9/11
Approved by
City Attorney's Office I I
Resolution No. 11 -310
Page 2
it was moved by Miley and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
X
X
x
wpdata /glossary/resolution -ic. doe
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 -5140
RESOLUTION NO. 11 -311
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF PHASE
I OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS 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 the First Avenue Storm Sewer Improvements
account # 3626.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above -named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above -
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, 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 13th day of
October, 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 18th day of October, 2011, or at a special meeting called for
that purpose.
Passed and approved this 20th day of September 20 11
MAYOR
Approved by
ATTEST:
CITY tERK
City Attorney's Office f��(
pweng/ res/ appp &slstAveStormSewerPhasel.doc 9/11
Resolution No.
Page 2
11 -311
It was moved by Wright 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
x Wilburn
x Wright
wpdata/g I ossa ry/resol utio n -ic. doe
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5156
RESOLUTION NO. 11 -312
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE 2011 PARKING RAMP
REPAIR 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 and form of contract for the
above -named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above -named
project are hereby approved.
2. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above -named project in a newspaper published at least once
weekly and having a general circulation in the city.
3. Bids for the above -named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the City Hall, until 2:00 p.m. on the 11th day of October, 2011, or
at a later date and /or time as determined by the Director of Transportation Services or
designee, with notice of said later date and /or time to be published as required by law.
Thereafter the bids will be opened by the City Clerk or designee, and thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its meeting, to be
held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of
October, 2011, or at a later date and /or time as determined by the Director of
Transportation Services or designee, with notice of said later date and /or time to be
published as required by law, or if said meeting is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk.
Passed and approved this 20th day of September 120 11
MAYOR
Approved by
ATTEST: ,%,�
CIT ERK City Attorney's Office
pweng \res \ResApproving plans- Parking Ramp Repair Project2011
Resolution No. 11 -312
Page 2
It was moved by Mims and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
x Champion
x Dickens
_x_ Hayek
x Mims
x Wilburn
g Wright
wpdata/glossary/resolution -ic. doc
Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 11 -313
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A LEASE AGREEMENT WITH WELLS FARGO COMPANY FOR LIMITED
OCCUPATION AND POSSESSION OF THE KIOSK LOCATED IN THE COLLEGE
STREET PEDESTRIAN MALL ALONG THE CLINTON STREET FRONTAGE FOR THE
INSTALLATION OF AN ATM MACHINE AND NECESSARY EQUIPMENT FOR THE
SUM OF $500 PER MONTH FOR AN INITIAL FIVE YEAR TERM WITH PROVISIONS
FOR SUBSEQUENT RENEWAL PERIODS OF FIVE YEARS EACH
WHEREAS, pursuant to Iowa Code Section 364.7 (2009), before the City Council may engage in any lease agreement
exceeding a term of three (3) years, it must be preceded by a public hearing and authorized by resolution; and
WHEREAS, Wells Fargo Company, a financial institution currently considering relocation from its current site at 112 E.
Dubuque Street, has approached the City with the proposal to install an ATM machine and associated equipment in the
College Street pedestrian mall kiosk fronting on Clinton Street; and
WHEREAS, Wells Fargo has proposed an initial lease term of five (5) years with the option to renew said lease for four
(4) additional five (5) year terms upon further agreement between the City and Wells Fargo; and
WHEREAS, Wells Fargo has proposed to pay the sum of $500 per month in rent for the limited occupation and
possession of said kiosk during the initial five (5) year lease, with any subsequent renewals requiring renegotiation of the
rental rate for the five (5) year renewal period; and
WHEREAS, the City and Wells Fargo wish to memorialize the terms of said lease and authorize the Mayor to sign and
the City Clerk to attest same as being in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that:
The City Council hereby authorizes the Mayor to sign and the City Clerk to attest, in a form approved by the
City Attorney, a five (5) year lease agreement with Wells Fargo Company for the limited occupation and
possession of a kiosk located in the College Street pedestrian mall for the purpose of installing an ATM and its
associated equipment at a rental rate of $500 per month, with the option to renew said lease for four (4)
subsequent five (5) year terms upon further agreement of the parties, including agreement as to the rental rate
during said renewal period, all as set forth in Exhibit "A" attached hereto and incorporated herein.
Passed and approved this 20th day of septpmbpr 2011.
ATTEST: nod
CITY ERK
1
MAYOR
Ap oved by
i
City Attb Y's icc
10
Resolution No. 1 1-313
Page 2
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
wpdata /glossary/resolution -ic. doc
COMMUNICATIONS (ATM) SITE LEASE AGREEMENT (BUILDING)
his Communications Site Lease Agreement (Building) ( "Agreement ") dated this -7
of 2012, is entered into by and between Wells Fargo Bank N.A., ( "Lessee "), and
the City of Iowa City ("Lessor").
For good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land (the "Land ") and a building (the "Kiosk ")
located within the pedestrian mall at the intersection of Clinton and College Streets in the City of
Iowa City, County of Johnson, State of Iowa, which property is commonly known as the Clinton
Street Pedestrian Mall Kiosk (the Building and the Land are collectively, the "Property" or
"Premises "). Lessor hereby leases to Lessee and Lessee leases from Lessor the westerly exterior
face of the Kiosk and the interior of the Kiosk for placement and installation of Lessee's ATM
machine, supporting equipment and an access door on the northerly facade, along with such access
rights as described herein. The parties acknowledge and agree that Lessee shall have the exclusive
right of occupation of the interior of the Kiosk and its westerly exterior facade, however, Lessor
retains the right to place postings or other installations and material on the north, east and south
exterior facades and/or lease additional space on the north, east and south exterior facades of the
Kiosk to other users which are not incompatible with this agreement. The parties acknowledge and
agree that the City has current permitting obligations and commitments to newspaper vendors for
the installation and use of newspaper vending equipment through March of 2012, and that none of
the rights granted to Lessee under this agreement will displace or interrupt those existing
placements and obligations. Any subsequent modifications to the exterior of the Kiosk that
protrude into the walls of the Kiosk must be approved by the Lessee prior to work being done.
Additionally, Lessor retains the right to reasonable access to the interior of the Kiosk via the
Lessee's northerly access door upon request to the Lessee, which request for access shall be timely
honored and not unreasonably withheld. Lessor acknowledges that the Lessee's equipment in the
Kiosk contains access to confidential customer information and that if Lessor wants access inside
the Kiosk it must give a minimum of forty-eight (48 ) hours advance notice so that Lessor can
make arrangements for a police officer to be at the Kiosk during the time frame the Lessor or any
vendor other than a Wells Fargo approved vendor has access to the inside of the Kiosk and the
Lessor or vendor will be responsible for any charges for the services of the police officer.
2. Use. Lessee may use the Premises for the placement of an ATM machine, supporting
equipment and an access door directly connected with the provision of electronic banking services.
Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and
obtaining all licenses, permits and any and all other necessary approvals that may be required for
Lessee's intended use of the Premises.
3. Tests and Construction. Lessee shall have the right, following the full execution of this
Agreement, to enter upon the Property for the purpose of making appropriate plans, surveys and
inspections, or other reasonably necessary tests, and for installing any required utilities, Lessee's
ATM, any necessary or supporting equipment and an access door. The terms of this lease are
contingent upon the Property satisfactorily passing any and all inspections or studies that may be
required for Lessee's use of the Property. Lessee shall be responsible for any damage to Lessor's
property resulting from such activities, including utility, ATM, access door and/or equipment
installation activities performed by third parties, and shall repair any such damage in a timely
manner upon demand by Lessor. If Lessee fails to timely repair any such damage within ten (10)
calendar days written notice by Lessor, Lessor shall have the right to repair such damage and the
costs of such repair shall be the liability and obligation of Lessee, who shall pay to City the costs of
such repair within ten (10) calendar days of mailing of written billing and notice of same.
Notwithstanding the above, if said damage creates a perilous or unreasonable condition, the City
may make such repairs without notice and opportunity to Lessee, and the costs of such repair shall
be the liability and obligation of Lessee, who shall pay to City the costs of such repair within ten
(10) calendar days of mailing of written billing and notice of same.
4. Term. The term of this Agreement shall be five (5) calendar years commencing April 1, 2012,
but if said premises is not occupied by Lessee by December 31, 2012, this agreement shall be null
and void. . This Agreement shall terminate on the fifth anniversary of the Commencement Date
(the "Term ") unless otherwise terminated as provided in Paragraph 10. Lessee may extend the
Term for four (4) successive five (5) calendar year periods (the "Renewal Terms ") on the same
terms and conditions as set forth herein upon written notice of Lessee's intentions to renew the
Lease for five (5) years to Lessor issued no less than sixty (60) calendar days prior to
commencement of each Renewal Term. Notwithstanding the above, however, rent for any Renewal
Term shall be agreed to in writing by both parties in advance of any such Renewal Term. Provided
Lessee has given such written notice and the parties have mutually agreed to a sum of rent during
the Renewal Term, the Renewal Term(s) shall commence immediately following the preceding
Term or Renewal Term. When considering a Renewal Term, the Parties may amend any of the
terms contained herein if both parties agree to such amendment(s) in writing prior to the
commencement of the Renewal Term.
5. Rent. Prior to the Commencement Date and on the first day of each month thereafter,
Lessee shall pay to Lessor as rent the sum of FIVE HUNDRED AND 00 /100 DOLLARS ($500.00)
per MONTH ( "Rent "). Rent for any fractional month at the beginning or at the end of the Term or
Renewal Term shall be not be prorated, but shall be retained in full by Lessor. Any adjustments to
the amount and/or payment of rent during the initial term or during a Renewal Term shall be agreed
to in writing by both parties. Rent for any Renewal Term shall be agreed to in writing by both
parties in advance of any such Renewal Term as stated in paragraph 4 above. Rent shall be payable
to Lessor at City of Iowa City, 410 East Washington Street, Iowa City, IA 52240; Attention: Senior
Accountant. Failure to pay rent in the full amount by the 10th day of each month during the Term
or any Renewal Term shall be deemed a breach of this Agreement.
6. Facilities; Utilities; Access.
(a) Lessee has the right to install, maintain and operate on the Premises an ATM machine,
supporting equipment and an access door directly connected with the provision of electronic
banking services. In connection therewith, Lessee has the right to do all work necessary to install
said equipment and door and to install electrical and communication transmission lines for support
of said equipment. All of Lessee's construction and installation work shall be performed at Lessee's
sole cost and expense and in a good and workmanlike manner, and shall be performed under the
supervision of Lessor. With the exception of the access door, all of Lessee's equipment shall
remain Lessee's personal property and are not fixtures. With the exception of the access door,
Lessee shall remove all of Lessee's equipment at its sole expense on or before the expiration or
termination of the Agreement, and shall restore the premises to its former condition, normal wear
and tear excepted, and Lessee shall repair any damage to the Premises caused by installation or
removal of said ATM, equipment and utilities. Lessee has the right to remove the Lessee's
equipment at its sole discretion at any time during the term of this Agreement; however, unless and
until formally terminated pursuant to Paragraph 10, Lessee shall remain responsible and liable for
the payment of rent as outlined in Paragraph 5.
(b) Lessee shall pay for the electricity and communication service it consumes in its
operations at the rate charged by the servicing utility and communications company. Lessee shall
obtain separate utility and communication service from any utility and communications company
that will provide service to the Property. Lessor agrees to sign such documents or temporary
easements as may be required by said utility or communications companies to provide such
service to the Premises, including the grant to Lessee or to the servicing utility or
communications company at no cost to the Lessee, of a temporary easement in, over, across or
through the Land as required by such servicing utility or communications company to provide
utility or communications services as provided herein. Any such temporary easement necessary
for such electrical power or communications service will be at a location acceptable to Lessor and
the servicing utility or communications company, and shall remain in effect throughout the term
of this Agreement.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have
unlimited access to the Property via their installed access door during the term of this Agreement
and any Renewal Term. Lessor retains the right to reasonable access to the interior of the Kiosk via
the Lessee's access door upon request to the Lessee.
(d) Lessor shall maintain all access from the nearest public roadway to the Premises in a
manner sufficient to allow pedestrian and vehicular access at all times under normal weather
conditions. Lessor shall be responsible for maintaining and repairing such access, at its sole
expense, except for any damage caused by Lessee's use of such roadways. Notwithstanding this
provision for access, the parties acknowledge and agree that the kiosk is in an area typically
restricted to pedestrian access, the ATM is not intended for vehicular drive -up use and vehicular
access shall be limited to occasional repair or maintenance upon permission of the City.
7. Interference. Lessee shall operate the Lessee's ATM, access door and equipment in a
manner that will not cause physical, electronic or technological interference to Lessor or Lessor's
equipment. Lessee shall operate the Lessee's ATM, access and equipment in a manner which will
not cause physical, electronic or technological interference to other lessees or licensees of the
Property. In the event such interference occurs, Lessee agrees to take all action necessary to
eliminate such interference within two (2) working days. In the event Lessee fails to comply with
this paragraph, Lessor may terminate this agreement as provided in paragraph 10 herein. All
operations by Lessee shall be in compliance with all Federal Communications Commission
( "FCC ") requirements.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes
directly attributable to the Lessee's ATM, access door, and equipment. Lessor shall pay all real
property taxes, assessments and deferred taxes on the Property. Lessor agrees to provide to Lessee
a copy of any notice, assessment or billing relating to any personal property taxes for which
Lessee is responsible under this Agreement within thirty (30) days of receipt of same by Lessor.
Lessee shall have no obligation to make payment of any personal property taxes until Lessee has
received notice, assessment or billing relating to such payment in accordance herewith. Lessee
shall have the right, at its sole option, and at its sole cost and expense, to appeal, challenge or
seek modification of any personal property tax assessment or billing for which Lessee is wholly
or partly responsible for payment under this Agreement. Lessor shall reasonably cooperate with
Lessee in filing, prosecuting and perfecting any appeal or challenge to personal property taxes as
set forth herein, including but not limited to executing consent to appeal or other similar
document.
9. Waiver of Lessor's Lien Lessor waives any lien rights it may have concerning the Lessee's
ATM, access door and equipment, which are deemed Lessee's personal property and not fixtures,
and Lessee has the right to remove the same at any time without Lessor's consent.
10. Termination. This Agreement may be terminated without further liability as follows: (i) on
ten (10) calendar days prior written notice by either party upon a default of any covenant or term
hereof by the other party, which default is not cured within twenty (20) calendar days of mailing of
written notice of default, provided that the grace period for any monetary default is ten (10)
calendar days from payment due date without need for notice of default; or (ii) by Lessee on thirty
(30) calendar days prior written notice if it does not obtain or maintain any license, permit or other
approval necessary for the construction and operation of Lessee's ATM and equipment; or (iii) by
Lessee on thirty (30) calendar days written notice if Lessee is unable to occupy and utilize the
Premises due to an action of an administrative body. Any rent paid to Lessor under this Agreement
shall be retained in full by Lessor, notwithstanding any termination of the agreement as outlined
above.
11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed,
condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement
as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by
giving notice to Lessor no more than forty-five (45) days following the date of such damage,
destruction, condemnation or transfer in lieu of condemnation. Any rents paid under this
Agreement shall be retained in full by Lessor, regardless of such damage, destruction,
condemnation or transfer.
12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the
Premises and on its ATM and equipment, comprehensive general liability insurance, including
bodily injury and property damage insurance, with a combined single limit of at least One
Hundred Thousand and 00 /100 Dollars ($100,000.00) per occurrence. Such insurance shall
insure, on an occurrence basis, against liability of Lessee, its employees and agents arising out of
or in connection with Lessee's use of the Premises, all as provided for herein, and shall name the
Lessor as an additional insured. Additionally, Lessee shall maintain collision and liability
coverage on any and all vehicles Lessee may use for access to the Premises.
13. Assienment and Subletting. Lessee may not assign, or otherwise transfer all or any part of
its interest in this Agreement or in the Premises without the prior written consent of Lessor;
which shall not be unreasonably withheld, provided, however, that Lessee may assign its interest
to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -
in- interest or entity acquiring fifty -one percent (51 %) or more of its stock or assets, subject to any
financing entity's interest, if any, in this Agreement. Lessor may assign this Agreement upon
written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein.
Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign,
mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement
to any financing entity, or agent on behalf of any financing entity, to whom Lessee (i) has
obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced
by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to
letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof.
14. Warranty of Title and Ouiet Eniovment. Lessor warrants that: (i) Lessor owns the Property
in fee simple and has rights of access thereto; (ii) Lessor has full right to make and perform this
Agreement upon appropriate approval by the City Council of Iowa City, Iowa; and (iii) Lessor
covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing
all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may
peacefully and quietly enjoy the Premises, with the acknowledgement and understanding that said
premises are located on public property and in a public space.
15. Repairs. Lessee shall make any repairs to the Premises or Property necessitated by its
occupation of same and/or by reason of the default or neglect of Lessee. "Necessitated by its
occupation" shall include the repair of any damage resulting from any third party's actions that
damage said Premises or Property in conjunction with an attempt to infiltrate said ATM, access
door or associated equipment. Lessee shall maintain its ATM, access door and equipment in good
order and appearance. Except as set forth in Paragraph 6(a) above, upon expiration or termination
hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof,
reasonable wear and tear excepted.
16. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any
Hazardous Material on, under, about or within the Property or Premises in violation of any law or
regulation.
17. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims
(including attorneys' fees, costs and expenses of defending against such claims) arising or alleged
to arise from the acts or omissions of Lessee or from the negligence or willful misconduct of
Lessee or Lessee's agents or employees, licensees, invitees, or contractors of Lessee in or about
the Property. Further, Lessee shall indemnify and hold Lessor harmless from all claims
(including attorneys' fees, costs and expenses of defending against such claims) for loss or
damage to Lessee's ATM, access door and equipment, and any or all claims by or against third
parties except as noted below. Lessor shall indemnify and hold Lessee harmless from all claims
(including attorneys' fees, costs and expenses of defending against such claims) arising or alleged
to arise from the negligence or willful misconduct of Lessor or Lessor's agents, employees, and
contractors occurring in or about the Property, which indemnification shall not extend to third
parties over whom Lessor has no direct control. The duties described in this Paragraph survive
termination of this Agreement.
18. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties,
and supersedes all offers, negotiations and other agreements concerning the subject matter
contained herein. Any amendments to this Agreement must be in writing and executed by both
parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party,
the remainder of this Agreement or the application of such provision to persons other than those as
to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
(d) Whenever in this Agreement it shall be required or permitted that notice or demand be
given or served by either party to this Agreement, such notice or demand shall be given or served
in writing and sent to Lessor at the address set forth and to Lessee as follows:
If to Lessor: City of Iowa City
410 East Washington St.
Iowa City, IA 52240
Attention: City Manager
If to Lessee: Wells Fargo Corp Properties
Attn: Lease Administration
MAC D1116 -L10 (NCO233)
1525 West W.T. Harris Blvd
Charlotte, NC 28262
With copy to: Wells Fargo Bank
Corporate Properties Group
905 7v' Street
MAC# N9305 -19B
Minneapolis, MN 55402
Attn: Negotiations Manager
All such notices shall be sent by certified or registered mail and in such case shall be effective as
of the date such mailing is deposited. Any such address may be changed from time to time by
either party serving notices as above provided.
(e) This Agreement shall be governed by the laws of the State of Iowa.
(f) This Agreement may be executed in counterparts, each of which shall be deemed an
original.
(g) In the event of a breach of any of the covenants or agreements set forth in this
Agreement, the parties shall be entitled to any and all remedies available at law or in equity. The
parties hereto agree that in the event it becomes necessary for any party to defend or institute
legal proceedings as a result of the failure of either party to comply with the terms, covenants,
agreements, and/or conditions of this Agreement, it is understood and agreed upon that the
prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or
expended in connection therewith, including, but not limited to, reasonable attorney's fees,
including appellate fees, and court costs.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
LESSOR
City of Iowa City
By:
Date:
Title: n1 cr
4
Tax ID#
4Y�k� I '7/WW� 7�1 x9V"J
LESSEE
Wells Fargo Bank N.A.
By:�
Date: =I �L/2.
EXHIBIT "A" a 13FIM 10
This Communications Site Lease Agr ement (Building) ( "Agr ement ") dated this day
of , 2011, is entered int by and between Wells F go Bank N.A., ( "Lessee "), and
the City of Iowa City ( "Lessor ").
For good and valuable consi eration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto a; follows:
as follows:
1. Premises. Lessor is the owner f a parcel of land (the " and") and a building (the "Kiosk ")
located within the pedestrian mall at he intersection of Clin n and College Streets in the City of
Iowa City, County of Johnson, State f Iowa, which prope is commonly known as the Clinton
Street Pedestrian Mall Kiosk (the Bui ding and the Land e collectively, the "Property" or
"Premises "). Lessor hereby leases to essee and Lessee eases from Lessor the westerly and
easterly exterior face of the Kiosk an the interior oft Kiosk for placement and installation of
Lessee's ATM machine, supporting a ui
described herein. The parties acknowl d
occupation of the interior of the Kiosk r
Lessor retains the right to place newspa
material on the north and south exterior
exterior facades of the Kiosk to other use
notwithstanding this agreement. The pa
permitting obligations and commitments
vending equipment through March of 20
rights granted to Lessee under this agrees
and obligations or any future placemen
use. Notwithstanding the above, all p rl
during the construction period and th t L
tin
Lessee will work with the exisg v ndmg
is done in a timely fashion. Any s segue
into the walls of the Kiosk must e approved by e Lessee prior to work being done.
Additionally, Lessor retains the r ght to reasonabl access to the interior of the Kiosk via the
Lessee's access door upon requ st to the Lessee, w ich request for access shall be timely honored
and not unreasonably withheld Lessor acknowledg s that the Lessee's equipment in the Kiosk
contains access to confidentia customer information d that if Lessor wants access inside the
Kiosk it must give a minimu of (48) hours advance otice so that Lessor can make arrangements
for a police officer to be at e Kiosk during the time fir me the Lessor or any vendor other than a
Wells Fargo approved ven or has access to the inside of e Kiosk and the Lessor or vendor will be
responsible for any charg for the services of the police o ficer.
lent and a access door, along with such access rights as
and agr that Lessee shall have the exclusive right of
its east ly and westerly exterior facades, however,
vendi g equipment, postings or other installations and
ades and/or lease additional space on the north and south
w ch are not incompatible with this agreement
e acknowledge and agree that the City has current
ewspaper vendors for the installation and use of
and that, with the exception noted below, none of the
t will displace or interrupt those existing placements
bligations which are not incompatible with Lessee's
s a knowledge that there will be an interruption of use
see will use its best efforts to minimize this time period.
use so that the reinstallation of the vending equipment
nt mo ifications to the exterior of the Kiosk that protrude
2. Use. Lessee may use the Premises for the placem nt of an ATM machine, supporting
equipment and an acce s door directly connected with the pro ision of electronic banking services.
Lessor agrees to co erate with Lessee, at Lessee's expen in making application for and
obtaining all license , permits and any and all other necessary a rovals that may be required for
Lessee's intended u of the Premises.
3. Tests and Construction. Lessee shall have the right, following the full execution of this
Agreement, to enter upon the Property for the purpose of making appropriate plans, surveys and
inspections, or other reasonably necessary tests, and for installing any required utilities, Lessee's
ATM, any necessary or supporting equipment and an access door. The terms of this lease are
COMMUNICATIONS (ATM) SITE LEASE AGREEMENT (BUILDIN G
This Comm4pications Site Lease Agreement (Building) ( "Agreement ") dated this day
of 2011, is entered into by and between Wells ]Fargo and Company, ( "Lessee "),
CV
of the C of Iowa ity ( "Lessor "). I
For good and valb�ble consideration the receipt and sufficiency of which is hereby
acknowledged, the parties reto agree as follows:
1. Premises. Lessor is the o I er of a parcel of land (the "Land ") ap a building (the "Kiosk ")
located within the pedestrian mal t the intersection of Clinton and C llege Streets in the City of
Iowa City, County of Johnson, Stat of Iowa, which property is com only known as the Clinton
Street Pedestrian Mall Kiosk (the Bui ing and the Land are collecti ely, the "Property" or
"Premises "). Lessor hereby leases to L see and Lessee leases fro Lessor the westerly and
easterly exterior face of the Kiosk and th interior of the Kiosk for placement and installation of
Lessee's ATM machine, supporting equip nt and an access doo along with such access rights as
described herein. The parties acknowledge a d agree that Lessee shall have the exclusive right of
occupation of the interior of the Kiosk and its sterly and weste y exterior facades, however,
Lessor retains the right to place postings or mate 'al on the nort and south exterior facades and/or
lease additional space on the north and south exte 'or facades the Kiosk to other users which are
not incompatible with this agreement notwithstandi this agr ement. Additionally, Lessor retains
the right to reasonable access to the interior of the Ki k via a Lessee's access door upon request
to the Lessee.
2. Use. Lessee may use the Premises for the plac ent of an ATM machine, super ling
equipment and an access door directly connected with th ovision of electronic bap*ing senices.
Lessor agrees to cooperate with Lessee, at Lessee's exp se, in making applies x► and -�
obtaining all licenses, permits and any and all other n essa approvals that may k retluirl for �..
Lessee's intended use of the Premises.
3. Tests and Construction. Lessee shall have a right, follo ing the full ex;' vi this r
Agreement , to enter upon the Property for the pu ose of making a propriate plaQ;
urvei and'
inspections, or other reasonably necessary tests, d for installing an required utilities, Lessee's
ATM, any necessary or supporting equipment d an access door. a terms of this leash are
contingent upon the Property satisfactorily passi g any and all inspectio or studies that may be
required for Lessee's use of the Property. Lesse shall be responsible for y damage to Lessor's
property resulting from such activities, inclu ng utility, ATM, access d or and/or equipment
installation activities performed by third part' s, and shall repair any such amage in a timely
manner upon demand by Lessor. If Lessee f,4 is to timely repair any such dam ge within ten (10)
calendar days written notice by Lessor, Less r shall have the right to repair suc damage and the
costs of such repair shall be the liability and bligation of Lessee, who shall pay to ity the costs of
such repair within ten (10) calendar day of mailing of written billing and n tice of same.
Notwithstanding the above, if said dama creates a perilous or unreasonable con 'tion, the City
may make such repairs without notice an opportunity to Lessee, and the costs of suc repair shall
be the liability and obligation of Lessee, who shall pay to City the costs of such repai within ten
(10) calendar days of mailing of written illing and notice of same.
4. Term. The term of this Agreemebt shall be five (5) calendar years commencing when Lessee
occupies the property for the purposes of installing the ATM, any equipment and/or the access door,
or when Lessee vacates its current office space at 112 S. Dubuque Street in Iowa City, whichever is
earlier. This Agreement shall terminate on the fifth anniversary of the Commencement Date (the
"Term ") unless otherwise terminated as provided in Paragraph 10. Lessee may extend the Term for
four (4) successive five (5) calendar year periods (the "Renewal Terms ") o the same terms and
conditions as set forth herein upon written request to Lessor issued no less an sixty (60) calendar
days prior to ommencement of each Renewal Term, subject to the less
t of the Lessor, which
shall be provi d to Lessee in writing. Provided Lessee has made such itten request and Lessor
has given such itten consent, the Renewal Term(s) shall commence ' mediately following the
preceding Term or enewal Term. When considering a Renewal Te the Parties may amend any
of the terms contain d herein if both parties agree to such amend nt(s) in writing prior to the
commencement of the enewal Term.
5. Rent. Prior to t Commencement Date and on the fi t day of each month thereafter,
Lessee shall pay to Lessor a rent the sum of FIVE HUNDRED D 00 1100 DOLLARS ($500.00)
per MONTH ( "Rent "). Rent Ifer any fractional month at the be inning or at the end of the Term or
Renewal Term shall be not be orated, but shall be retained i full by Lessor. Any adjustments to
the amount and/or payment of re t during the initial term or ring a Renewal Term shall be agreed
to in writing by both parties. R t shall be payable to essor at City of Iowa City, 410 East
Washington Street, Iowa City, IA 240; Attention: Seni Accountant. Failure to pay rent in the
full amount by the 10th of each mon during the Term r any Renewal Term shall be deemed a
breach of this Agreement.
6. Facilities; Utilities; Access.
(a) Lessee has the right to install, mai in d operate on the Premises an ATM machine,
supporting equipment and an access door di c connected with the provision of electronic
banking services. In connection therewith, Less has the right to do all work necessary to install
said equipment and door and to install electrical communication transmission lines for support
of said equipment. All of Lessee's construction d stallation work shall be performed at Lessee's
sole cost and expense and in a good and wor anli manner, and shall be performed under the
supervision of Lessor. With the exception of the ac ess door, all of Lessee's equipment shall
remain Lessee's personal property and are not fixtures. With the exception of the access door,
Lessee shall remove all of Lessee's equip ent at its sol expense on or before the expiration or
termination of the Agreement, and shall store the premis s to its former condition, normal wear
and tear excepted, and Lessee shall rep it any damage to a Premises caused by installatigQ or
removal of said ATM, equipment an utilities. Lessee ha the right to remove 4e Leslie's
equipment at its sole discretion at any ime during the term of t is Agreement; howevj� Nles&And
until formally terminated pursuant t Paragraph 10, Lessee shal remain responsible ails ET-1
the payment of rent as outlined in P agraph 5. =�
± s-D
(b) Lessee shall pay for he electricity and communicati service it consifines 4o its
operations at the rate charged b the servicing utility and communic ions company. =l esseplhall
obtain separate utility and co munication service from any utility an communicat=ions co 1pany
that will provide service to e Property. Lessor agrees to sign suc documents or temporary
easements as may be req red by said utility or communications co panies to provide such
service to the Premises including the grant to Lessee or to t servicing utility or
communications compan at no cost to the Lessee, of a temporary easement in, over, across or
through the Land as re ired by such servicing utility or communications company to provide
utility or communicati s services as provided herein. Any such temporary easement necessary
for such electrical po er or communications service will be at a location acceptable to Lessor and
the servicing utility communications company, and shall remain in effect throughout the term
of this Agreement.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have
unlimited access to the Property via their installed access door during the term of this Agreement
and any Renewal Term. Lessor retains the right to reasonable access to the interior of the Kiosk via
the Lessee's access door upon request to the Lessee.
(d) Lessor shall maintain all access from the nearest public road ay to the Premises in a
manner sufficient to allow pedestrian and vehicular access at all tim under normal weather
conditions. Lessor shall be responsible for maintaining and repairin such access, at its sole
expense, except foi',any damage caused by Lessee's use of such roadway .
7. Interference. Lessee shall operate the Lessee's ATM, access an equipment in a manner that
will not cause physical, 'electronic or technological interference to ssor or Lessor's equipment.
Lessee shall operate the L` see's ATM, access and equipment in manner which will not cause
physical, electronic or techno gical interference to other lessees or censees of the Property. In the
event such interference occu Lessee agrees to take all acti necessary to eliminate such
interference within two (2) work g days. In the event Lessee fa' s to comply with this paragraph,
Lessor may terminate this agreeme t as provided in paragraph 1 herein. All operations by Lessee
shall be in compliance with all Feder Communications Comm' sion ( "FCC ") requirements.
8. Taxes. If personal property taxes Xre assessed, L
directly attributable to the Lessee's ATM, access door,
property taxes, assessments and deferred tax on the Pry
a copy of any notice, assessment or billing elating 1
Lessee is responsible under this Agreement wi in thir
Lessee shall have no obligation to make paymen of
received notice, assessment or billing relating to s
shall have the right, at its sole option, and at its s
seek modification of any personal property tax as ess
or partly responsible for payment under this Agr emer
Lessee in filing, prosecuting and perfecting any appeal
set forth herein, including but not limited o execs
document.
esse shall pay any portion of such taxes
an equipment. Lessor shall pay all real
)p rt , Lessor agrees to provide to Lessee
�any personal property taxes for which
(30) days of receipt of same by Lessor.
y personal property taxes until Lessee has
payment in accordance herewith. Lessee
cost and expense, to appeal, challenge or
ent or billing for which Lessee is wholly
t. Lessor shall reasonably cooperate with
or hallenge to personal property taxes as
ting consent to appeal or other similar
9. Waiver of Lessor's Lien L/efault ves any lien rights it ay have concerning the Lessee's
ATM, access door and equipmenre deemed Lessee's pe onal property and not fixtures,
N
and Lessee has the right to remove at any time without Les \Lessee consent.
10. Termination. This Agreeme terminated without fuliability as ilvs:) on
ten (10) calendar days prior writtby either party upon a t of any co`9napt ors term
hereof by the other party, which ot cured within twenty ( endar days: of`YnaiSg of
�.. .
written notice of de/eto rovided that the grace period for anne ry defah�tr� ten.(10)
calendar days from pd e date without need for notice of deor H) by L ass ro o4irty {i
(30) calendar days wice of termination and order for remos de rmined;;by Le`ss'or in
its sole discretion; (essee on thirty (30) calendar days priritten otice if it ddb not
obtain or maintain *cerise, permit or other approval necefor th construction and
operation of Lessee'and equipment; or (iv) by Lessee on t(30) cale dar days written
notice if Lessee is u occupy and utilize the Premises due taction of administ rative
body; or (v) by Leshirty (30) calendar days written noticessee dete ines that the
Premises are not ap for its operations for economic or telogical reaso s. Any rent
paid to Lessor under this Agreement shall be retained in full by Lessor, notwithstanding any
termination of the agreement as outlined above.
11. Destruction or Coi demnation. If the Premises or Lessee Facilities are damaged, destroyed,
condemned or transferee in lieu of condemnation, Lessee may elect to terminate this Agreement
as of the date of the dam ge, destruction, condemnation or transfer in lieu of condemnation by
giving notice to Lessor n more than forty-five (45) days following the date of such damage,
destruction, condemnation or transfer in lieu of condemnation. Any rents paid under this
Agreement shall be retain d in full by Lessor, regardless of such damage, destruction,
condemnation or transfer.
12. Insurance. Lessee, at L see's sole cost and expense, shall procure an maintain on the
Premises and on its ATM and quipment, comprehensive general liability ' surance, including
bodily injury and property dam ge insurance, with a combined single mit of at least One
Hundred Thousand and 00 /100 ollars ($100,000.00) per occurrence. Such insurance shall
insure, on an occurrence basis, agai st liability of Lessee, its employee and agents arising out of
or in connection with Lessee's use o the Premises, all as provided fo erein, and shall name the
Lessor as an additional insured. A ditionally, Lessee shall ma' tain collision and liability
coverage on any and all vehicles Lesse may use for access to the emises.
13. Assignment and Subletting. Lesse may not assign, or herwise transfer all or any part of
its interest in this Agreement or in the P emises without a prior written consent of Lessor;
which shall not be unreasonably withheld, p ovided, how er, that Lessee may assign its interest
to its parent company, any subsidiary or affil to of it o its parent company or to any successor -
in- interest or entity acquiring fifty -one percent 1 %) r more of its stock or assets, subject to any
financing entity's interest, if any, in this Agree e . Lessor may assign this Agreement upon
written notice to Lessee, subject to the assign e assuming all of Lessor's obligations herein.
Notwithstanding anything to the contrary co ai ed in this Agreement, Lessee may assign,
mortgage, pledge, hypothecate or otherwise t nsfer ithout consent its interest in this Agreement
to any financing entity, or agent on be f of any mancing entity, to whom Lessee (i) has
obligations for borrowed money or in re ect of guara ies thereof, (ii) has obligations evidenced
by bonds, debentures, notes or similar ' struments, or (ii has obligations under or with respect to
letters of credit, bankers acceptance nd similar facilities r in respect of guaranties thereof.
14. Warranty of Title and 0 . t En'o ment. Lessor wa nts that: (i) Lessor owns the Property
in fee simple and has ri ts gh access thereto; (ii) Lessor ha full right to make and perform this
Agreement upon appropri approval by the City Council o Iowa City, Iowa; and (iii) Lessor
covenants and agrees wi Lessee that upon Lessee paying the ent and observing and performing
all the terms, covenant and conditions on Lessee's part to be ob rved and performed, Lessee may
peacefully and quie enjoy the Premises, with the acknowledge ent and understanding that said
premises are locat on public property and in a public space.
15. Re airs. Lessee shall make any repairs to the Premises o Property necessitated 1}y,, its
occupation same and/or by reason of the default or neglect o Lessee. "Necessitated bits
occupatio shall include the repair of any damage resulting from y third party'§ A�ons(Aat
damage id Premises or Property in conjunction with an attempt t infiltrate said 3'tr aQss
..
door or ssociated equipment. Lessee shall maintain its ATM, access oor and equip=rttn -'in 2-b��,,od
order rd appearance. Except as set forth in Paragraph 6(a) above, u n expiration oi� naTion
I_T4
hereof, Lessee shall restore the Premises to the condition in which it existed upon execaff®n her86f,
-�
reasonable wear and tear excepted. 7
16. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any
Hazardous Material on, under, about or within the Property or Premises in violation of any law or
regulation.
17. Liability and Iuddemnity. Lessee shall indemnify and hold Lessor armless from all claims
(including attorneys' costs and expenses of defending against such claims) arising or alleged
to arise from the ac \ee missions of Lessee or from the negligenc or willful misconduct of
Lessee or Lessee's aor employees, licensees, invitees, or contr ctors of Lessee in or about
the Property. Furtessee shall indemnify and hold Lesso harmless from all claims
(including attorneyscosts and expenses of defending aga' st such claims) for loss or
damage to Lessee's ccess door and equipment, and any all claims by or against third
parties except as noto Lessor shall indemnify and hold essee harmless from all claims
(including attorneys' cost and expenses of defending agai st such claims) arising or alleged
to arise from the nee or illful misconduct of Lessor Lessor's agents, employees, and
contractors occurrin about he Property, which inde ification shall not extend to third
parties over whom Lhas no d ect control. The dutie described in this Paragraph survive
termination of this Aent.
18. Miscellaneous.
(a) This Agreement constitutes the entit
and supersedes all offers, negotiations and
contained herein. Any amendments to this A
parties.
nt and understanding between the parties,
reements concerning the subject matter
must be in writing and executed by both
(b) If any provision of this Agreement is i ali or unenforceable with respect to any party,
the remainder of this Agreement or the applicati n of s h provision to persons other than those as
to whom it is held invalid or unenforceable shall no �tet affected and each provision of this
Agreement shall be valid and enforceable to t fullest ex permitted by law.
(c) This Agreement shall be bindi on and inure t the benefit of the successors and
permitted assignees of the respective. parti
(d) Whenever in this Agreement t shall be required or pe itted that notice or demand be
given or served by either party to thi Agreement, such notice or d mand shall be given or served
in writing and sent to Lessor at the dress set forth and to Lessee a follows:
CL� r�
If to Lessor: City of Iowa Ci If to Lessee: Well Fargo and C anY- _
410 East Washi gton St. c/o [ ERT COQ =`lT]
Iowa City, IA 52240 [INSER ADDRE }-}
Attention: C ris O'Brien [INSER ADDRES&I;
All such notices shall b sent by certified or registered mail and in such cases all be effective as
of the date such maili g is deposited. Any such address may be changed fro time to time by
either party serving n ices as above provided.
(e) This Agreement shall be governed by the laws of the State of Iowa.
(f) This Agreement may be executed in counterparts, each of which shall be deemed an
original.
(g) In the event of a breach of any of the covenants or agreements set forth in this
Agreement, the parties shall be entitled to any and all remedies available at law or in equity. The
parti hereto agree that in the event it becomes necessary for any party to defend or institute
legal p ceedings as a result of the failure of either party to comply with the terms, covenants,
agreemen , and/or conditions of this Agreement, it is understood and agreed upon that the
prevailing p in such litigation shall be entitled to be reimbursed for all co incurred or
expended in c nection therewith, including, but not limited to, reasonable attorney's fees,
including appellate ees, and court costs.
IN WITNESS WHERE , the parties have executed this Agreement of the date first above
written. /
LESSOR
ESSEE
City of Iowa City
E ENTITY ACCURATELY]
By:
y:
XA
Date:
ate:
T itle:
itle:
Tax ID#
[Will add appropriate signature lines /a
owledgements upon desi tion of Leasing entity
and its
signators]
a
CD
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rn
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CO
City of Iowa City
DATE: September 12, 2011
TO: Tom Markus, City Manager
FROM: Rick Fosse, Public Works Director P
RE: Public Works Fuel Facility and Vehicle Wash
Introduction
—as3c�-
15
The existing Public Works fuel facility and large vehicle wash is located at the Riverside
Drive Facility. The existing facilities are outdated and do not provide the service
required to keep up with the growing community. Both facilities are at the end of their
service life. This is particularly important for the fuel facility because of the heavily
regulated nature of fuel systems and underground storage tanks. Repairs to the existing
system can be very expensive. The replacement of both of these facilities is in the
approved Capital Program.
History
Over the past 15 years the Public Works operations have been migrating from the
Riverside Drive site to the South Gilbert / Napoleon Lane site. The long term intent is to
remove all City facilities from the Riverside Drive site and return this prime location to the
tax rolls. In 2005 the City completed a Public Works Facility Programming and Master
Plan to provide the long term vision necessary for this migration. The existing fuel
facility serves over 500 vehicles and pieces of equipment, ranging from fire department
ladder trucks and garbage trucks to passenger vehicles and park district lawn mowers.
In addition to City vehicles, the City also provides fuel services to the Iowa City
Community School District, Johnson County, Johnson County Sherriff and University
Heights. Services are also shared with the University of Iowa during emergency
situations, such as during the Flood of 2008. The current fuel demand is 1,200+ gallons
per day of Diesel and 725+ gallons per day of gasoline.
Solution
The replacement of the fuel facility and large vehicle wash is an opportunity to relocate
two more components of our operations to the new site. This agenda item is for
consultant services for schematic design, preliminary and final construction documents,
technical specifications, permitting, bidding and construction related services.
Recommendation
Staff has received proposals and interviewed three different firms that specialize in
public works facilities. It is recommended that the City enter into an agreement for
design and construction services with Kueny Architects, LLC of Pleasant Prairie,
Wisconsin. The hourly, not -to- exceed contract amount is $76,685. Construction is
scheduled to take place next summer.
Cc: Melissa Clow, Special Projects Administrator
Ron Knoche, City Engineer
Prepared by: Melissa Clow, Special Projects Admin., 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5413
RESOLUTION NO. 11-314
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND KUENY ARCHITECTS, LLC TO PROVIDE
CONSULTANT SERVICES FOR THE PUBLIC WORKS FUEL FACILITY AND VEHICLE
WASH PROJECT.
WHEREAS, the City of Iowa City completed a Public Works Facility Programming and Master Plan in 2005
for the public works site located on South Gilbert Street between Napoleon Lane and McCollister Road; and
WHEREAS, pursuant to this Plan, the City of Iowa City constructed the Salt Storage Building in 2010, and
currently maintains cold storage quonset huts and exterior equipment and material storage at this site; and
WHEREAS, the City of Iowa City is proposing to relocate its fuel storage and dispensing facilities and vehicle
wash systems to this site in order to enhance services and to meet current and future fuel and wash
demands; and
WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for
construction of the Public Works Fuel Facility & Vehicle Wash Project; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Kueny
Architects LLC, to provide said services; and
WHEREAS, funds for this project are available in the Public Works Facility Site Work account #3956; and
WHEREAS, funds for this project are available in the Vehicle Wash System account #3957; and
WHEREAS, funds for this project are available in the Public Works Fuel Facility account #3958.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and
content.
The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's
Agreement and any amendments thereto that may become necessary.
Passed and approved_this 20th day of September , 20_]x.
MAYOR
ATTEST:
CITYkCLERK
pwengfres/P Wfuelfacil ity- designagt. doc
A proved by
City Attorney's Office'(��/
Resolution No. 11 -314
Page 2
It was moved by Mims
adopted, and upon roll call there were:
and seconded by Wright the Resolution be
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Dickens
x Hayek
x Mims
x Wilburn
—X_ Wright
wpdata/g los sary/resol utio n -ic. doe
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 0 day of , 2011, by
and between the City of Iowa City, a municipal corporation, hereinafter referr d to as the City and
KUENY ARCHITECTS, LLC, of PLEASANT PRAIRIE, WISCONSIN hereinafter referred to as the
Consultant.
WHEREAS, the City of Iowa City completed a Public Works Facility Programming and Master
Plan in 2005 for the public works site located on South Gilbert Street between Napoleon Lane and
McCollister Road; and
WHEREAS, pursuant to this Plan, the City of Iowa City constructed the Salt Storage Building in
2010, and currently maintains cold storage quonset huts and exterior equipment and material
storage at the this site; and
WHEREAS, the City of Iowa City is proposing to relocate its fuel storage and dispensing facilities
and vehicle wash systems to this site in order to enhance services and to meet current and
future fuel and wash demands; and
WHEREAS, due to the nature of the work required to create the bid documents to construct
and the specialty services needed to design said facilities, an outside consultant was deemed
necessary; and
WHEREAS the City of Iowa City issued a public Request for Qualifications, interviewed the
preferred top three of five total applicants and chose Kueny Architects for contract negotiation
based on their depth of knowledge and experience on similar projects; and
WHEREAS the City of Iowa City desires to hire Kueny Architects to assist in the planning,
design and construction of a new public works fuel facility and vehicle wash that will coordinate
with and offer flexibility to the existing Public Works Programming and Master Plan, dated
August 2005; and
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.
SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely
and satisfactory manner.
1. Programming & Pre - Design
A. Set Project Scope and Schedule
1. Establish organization and agenda for meetings.
2. Establish team interaction, committee members and member
roles.
3. Set project schedule and goals.
4. Attend weekly meetings with the City's Project Manager
-2-
B. Analysis of Existing Facility:
1. Analyze any pertinent existing building and grounds.
2. Building and Site Layout will be reviewed in terms of:
a. Traffic patterns and efficiencies.
b. Fueling, cleaning and delivery operations.
c. Adjacencies an&coordination of services.
d. Supervision and security.
e. Space use and needs.
f. Staffing and services.
C. Analysis of Existing Operations / Staff Interviews:
1. Conduct interviews with key staff to determine a program of
building usage.
2. Staff and /or public workshops will be conducted to gather
comments from the users of the current facilities & services.
D. Develop an Master Plan Report Supplement
1. Collected data will be merged into a supplemental report to the
master plan.
2. Report will be circulated to key staff for review and comment.
3. Feedback will be incorporated in the Concept Plans
2. Schematic Design Phase
A. Concept Plan Development:
1. Once all the data has been gathered, the Design Team will
develop concept plans with varying degrees of complexity for
review and input.
2. During workshop sessions, plans will be reviewed with the team
and refined with their input resulting in two or three generic
concepts.
3. Provide strengths and weaknesses for each plan.
4. Provide operational efficiencies for each plan.
5. Analyze interaction with future parts of the Master Plan
6. Develop several options for mechanical and electrical systems.
B. Conceptual Estimate of Preliminary Models
1. Pair each concept plan with a conceptual estimate of any
construction costs in addition to other soft costs.
2. Compare costs of each plan side by side numerically and
graphically for analysis by team members and transit commission
officials.
3. Grant Analysis — Investigate possible grants available beyond the
funding already provided. These grants can be for energy saving
incentives through Mid - America Energy or from other available
sources.
C. Final Detailed Estimate
1. Upon selection of the final solution, the Design Team will expand
the conceptual estimate into a total program budget.
3. Design Development Phase
-3-
A. Model the final schematic design in a 3 -D computer model. This software is
capable of generating plans, rendering and animations for greater understanding
of the final project.
B. Consultant will provide basic construction estimates throughout the Design
Development phase with a detailed breakdown upon resolution of the final
design. All design options will be considered and compared.
4. Construction Documents Phase
A. Prepare drawings and specifications per applicable codes and standards,
resulting in full Architectural, Civil, Structural, Mechanical, and Electrical plans
and specifications suitable for construction.
B. Meet with the City the beginning, 30 %, 60% and 90% milestones.
C. At the appropriate time, typically 90% complete, Consultant will present the final
plans to the City of Iowa City officials for final approval.
D. Final construction documents will contain complete design drawings,
specifications and incorporate any required State of Iowa and local provisions.
5. Permits and Approvals Phase
A. Prepare and submit necessary drawings and calculations for applicable Plan
Reviews for Building as well as Mechanical and Electrical if required.
6. Bidding and Negotiation Phase
A. Provide the necessary hard copy documents and work within the appropriate
administrative structure for distribution of plans and specification to prospective
bidders (all printing cost for bidding will be the responsibility of the City.)
B. Bid packages will include all the necessary State of Iowa or local bidding forms
and documents.
C. Participate in the following events as required by the City.
1. Interview Contractors 2. Write Addendum
3. Pre -bid Meeting 4. Assemble Contractor Lists
5. Pre - Construction Meeting
6. Make recommendations and make presentations
D. Provide analysis of the bids and issue a recommendation the City.
7. Construction Phase — Project Consultation Services
A. Pre - Construction Conference — Consultant will conduct the pre- construction
conference.
B. Site Visits — Consultant will be present on the site consistent with the progress of
construction. All travel related to this project is included in the base fee for
services.
-4-
C. RFIs and Questions — Consultant will promptly address any RFIs issued by the
contractor and be available to answer any construction related questions.
D. Shop Drawings and Submittals -The Design Team will review all shop drawings
and submittals in accordance with the design scope. The field coordination of
mechanical trades will be done by those trades.
E. Job Meetings — The Consultant will administer project meetings. It is anticipated
these meetings would be held bi- weekly at the construction site.
F. Monthly Payment Applications — Consultant will review and certify the monthly
progress payments as is customary. It is anticipated these applications will be
made on AIA format documents. In addition, our team will prepare the
necessary payroll reporting per the ARRA / FTA funding if necessary at no
added cost.
8. Project Close -out
A. The Consultant will organize the final inspection of the project by the Architect,
Engineers and City personnel. Based on this inspection, the Consultant will
prepare and distribute the Punch List to all affected parties.
B. The Consultant will review the Operation and Maintenance materials submitted
by the Contractor as well as verify any additional maintenance materials required
to be left on site.
C. The Consultant will prepare the final Record Drawings (As- built) for presentation
to the City. These will consist of the original contract drawings, updated,
changed or redrawn, if necessary, to indicate the actual construction of the
project, based on the Consultant's own observations and data supplied by the
Contractors. Reproductions of the Record drawings will be made available for
the City's future use.
9. Post- Construction
A. The Consultant will make themselves available to consult on any matter arising
regarding this project for as long as necessary after project completion.
B. Assuming that the City- Contractor Agreement requires a one year warranty
period for all the work done, Consultant will organize a Warranty Inspection
Meeting approximately 11 months after substantial project completion. This
inspection will define any areas of the work that will require repair or replacement
under the warranty provisions. Consultant will prepare and transmit all written
documents required, to inform all'parties of these deficiencies
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
Phase I — Pre Design — Revised Master Plan — October 5, 2012 — October 28, 2012
Phase 11— Schematic Design — November 5, 2012 — November 22, 2012
Phase III — Design Development — December 5, 2012 — December 30, 2012
Phase IV — Construction Documents - January 2, 2012 — February 6, 2012
-5-
Phase V — Bidding — February 13, 2012 — March 1, 2012
Phase VI - Construction — April 2, 2012 — October 1, 2012
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
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.
l�
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,
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
Consultant shall perform the Scope of Services for a fee not to exceed $76,685, calculated
according to the attached Project Cost Diagram for Iowa City Public Works Fuel Facility
and Wash System dated July 18, 2011, incorporated herein by this reference.
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.
-7-
FOR THE CITY
Matthew J. Hayek
Title: Mawor
Date: September 20, 2011
ATTEST:�t
City'--.Clerk
pw\f o rm s \co ns ag m t. f r m
Date: 7 . /()I
Approved by:
City Attorney's Office
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CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2011, by
and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and
KUENY ARCHITECTS, LLC, of PLEAS NT PRAIRIE-, WISCONSIN hereinafter referred to as the
Consultant.
WHEREAS, the City of Iowa City ompleted a Public Works Fa ility Programming and Master
Plan in 2005 for the public works 'te located on South Gilbert reet between Napoleon Lane and
McCollister Road; and
WHEREAS, pursuant to this Plan, th City of Iowa City constr cted the Salt Storage Building in
2010, and currently maintains cold sto age quonset huts an exterior equipment and material
storage at the this site; and
WHEREAS, the City of Iowa City is prop sing to relocat its fuel storage and dispensing facilities
and vehicle wash systems to this site in rder to enha ce services and to meet current and
future fuel and wash demands; and
WHEREAS, due to the nature of the work require to create the bid documents to construct
and the specialty services needed to desi s a i facilities, an outside consultant was deemed
necessary; and
WHEREAS the City of Iowa City issued a p lic Request for Qualifications, interviewed the
preferred top three of five total applicants a chose Kueny Architects for contract negotiation
based on their depth of knowledge and a er nce on similar projects; and
WHEREAS the City of Iowa City desire to hire Kueny Architects to assist in the planning,
design and construction of a new publ' works f el facility and vehicle wash that will coordinate
with and offer flexibility to the existin ublic Wo s Programming and Master Plan, dated
August 2005; and
NOW THEREFORE, it is agreed by and betwee the parties hereto that the City does now
contract with the Consultant to pr ide services as se forth herein.
I. SCOPE OF SERVI
Consultant agrees toerform the following services for the City, and to do so in a timely
and satisfactory man er.
1. Programming 4$ Pre - Design
A. Set Projeq Scope and Schedule
1. E tablish organization and agenda for meetings.
2. stablish team interaction, committee members and member
roles.
3. Set project schedule and goals.
4. Attend weekly meetings with the City's Project Manager
-2-
B. Analysis of Existing Facility:
1. Analyze any pertinent existing building and grounds.
2. Building and Site Layout will be reviewed in terms of:
a. Traffic patterns and efficiencies.
b. Fueling, cleaning and delivery operations.
c. Adjacencies and coordination of services.
d. Supervision and security.
e. Space use and needs.
f. Staffing and services.
C. Analysis of Existing Operati s / Staff Interviews:
1. Conduct interview with key staff to determine a pro ram of
building usage.
2. Staff and /or publi workshops will be conducted�o gather
comments from th
use of the current facilities & services.
I
D. Develop an Master Plan R port Supplement '
1. Collected data will a merged into a su lemental report to the
master plan.
2. Report will be circul ed to key staf or review and comment.
3. Feedback will be inc porated in a Concept Plans
2. Schematic Design Phase
A. Concept Plan Development:
1. Once all the data has be n
develop concept plans wi
review and input.
2. During workshop sess' ns,
and refined with their nput
concepts.
Gathered, the Design Team will
varying degrees of complexity for
3. Provide strengths nd weaKnJ
4. Provide operatio al efficiencie
5. Analyze interac on with future
6. Develop sever I options for mi
ns will be reviewed with the team
.ilting in two or three generic
ses for each plan.
for each plan.
arts of the Master Plan
ihanical and electrical systems.
B. Conceptual Estim to of Preliminary Mo e
1. Pair each oncept plan with, CO
construc 'on costs in addition to of
2. Compar costs of each plan side b
graphi Ily for analysis by team me
officia
3. Gran Analysis — Investigate possit
fungng already provided. These g
incOntives through Mid - America En
sources.
Is
eptual estimate of any
per soft costs.
side numerically and
knbers and transit commission
rants available beyond the
s can be for energy saving
or from other available
C. Final Ddtailed Estimate
1. Upon selection of the final solution, the Design Team will expand
the conceptual estimate into a total program budget.
3. Design Development Phase
-3-
A. Model the final schematic design in a 3 -D computer model. This software is
capable of generating plans, rendering and animations for greater understanding
of the final project.
B. Consultant will provide basic construction estimates throughout the Design
Development phase with a detailed breakdown upon resolution of the final
design. All design options will be considered and compared.
4. Construction Documents Phase
A. Prepare drawings and specif' ations per applicable codes anj standards,
resulting in full ArchitecturaY Civil, Structural, Mechanical, an Electrical plans
and specifications suitable for construction.
B. Meet with the City the beginning, 30 %, 60% and 90% m
C. At the appropriate time, typiVally 90% complete, Consultant will present the final
plans to the City of Iowa Cit officials for final approval.
D. Final construction documents will contain complete-
omp) a design drawings,
specifications and incorporate ny required State of Iowa and local provisions.
5. Permits and Approvals Phase
A. Prepare and submit necessary d
Reviews for Building as well as h
6. Bidding and Negotiation Phase
A. Provide the necessary hard c9oy do
administrative structure for Otributi
bidders (all printing cost foybidding
B. Bid packages will includ,� all the n
and documents. 1
n99 and calculations for applicable Plan
finical and Electrical if required.
ments and work within the appropriate
of plans and specification to prospective
I be the responsibility of the City.)
C. Participate in the fo owing events as rq
1.Intervie Contractors I
3. Pre -bi Meeting
5. Pre- onstruction Meeting
6. Ma recommendations and r
D. Provide anafvsis of the bids and issue a
ary State of Iowa or local bidding forms
uired by the City.
2. Write Addendum
4. Assemble Contractor Lists
7. Construction /Phase — Project Consultation
presentations
mendation the City.
A. Pre - Construction Conference — Consultant v►1(ilI conduct the pre- construction
conference.
B. Site Visits — Consultant will be present on the site consistent with the progress of
construction. All travel related to this project is �cluded in the base fee for
services.
-4-
C. RFIs and Questions — Consultant will promptly address any RFIs issued by the
contractor and be available to answer any construction related questions.
D. Shop Drawings and Submittals -The Design Team will review all shop drawings
and submittals in accordance with the des' ope. The field coordination of
mechanical trades will be done by thos rades.
E. Job Meetings — The Consultant will dminister p oject meetings. It is anticipated
these meetings would be held bkw ekly at the c nstruction site.
F. Monthly Payment Applications — �onsultant will eview and certify the monthly
progress payments as is custom ry. It is antici ated these applications will be
made on AIA format documents In addition, ur team will prepare the
necessary payroll reporting per he ARRA / F A funding if necessary at no
added cost.
8. Project Close -out
A. The Consultant will organize t e final ins ection of the project by the Architect,
Engineers and City personnel. Based this inspection, the Consultant will
prepare and distribute the Pun h List all affected parties.
B. The Consultant will review the
by the Contractor as well as vi
to be left on site.
C. The Consultant will prepare th
to the City. These will consis c
changed or redrawn, if nece s<
project, based on the Cons Itai
Contractors. Reproductio s of
the City's future use.
9. Post - Construction
m and Maintenance materials submitted
additional maintenance materials required
final Record Drawings (As- built) for presentation
the original contract drawings, updated,
t, to indicate the actual construction of the
s own observations and data supplied by the
Record drawings will be made available for
A. The Consultant will Bake themselvdavailable to consult on any matter arising
regarding this project for as long as Necessary after project completion.
B. Assuming that th City- Contractor Ag
period for all the ork done, Consulta
Meeting approx* ately 11 months after
inspection will efine any areas of the w
under the war anty provisions. Consult a
documents r quired, to inform all partie
s
II. TIME OF COMPLETION
ement requires a one year warranty
will organize a Warranty Inspection
substantial project completion. This
rk that will require repair or replacement
t will prepare and transmit all written
f these deficiencies
The Consultant sLall complete the following phases\of the Project in accordance with the
schedule shown.
Phase I — Pre Design — Revised Master Plan — October 5, 2012 — October 28, 2012
Phase II — Schematic Design — November 5, 2012 — November 22, 2012
Phase III — Design Development — December 5, 2012 — December 30, 2012
Phase IV — Construction Documents — January 2, 2012 — February 6, 2012
I&M
Phase V — Bidding — February 13, 2012 — March 1, 2012
Phase VI - Construction — April 2, 2012 — October 1, 2012
III. GENERAL TERMS
A. The Consultant shall not commit any,.of'the followiri employment practices and
agrees to prohibit the following Cany s in any subcont cts.
1. To discharge or refuse any individual be ause of their race, color,
religion, sex, national sability, age, mar al status, gender identity,
or sexual orientation.
2. To discriminate agains dividual in term conditions, or privileges of
employment because race, color, r ligion, sex, national origin,
disability, age, marital sender identity, r sexual orientation.
B. Should the City terminate this A reement, the Co ultant shall be paid for all work
and services performed up tote time of termin tion. However, such sums shall
not be greater than the "lump um" amount Ii ted in Section IV. The City may
terminate this Agreement upon seven (7) c lendar days' written notice to the
Consultant.
C. This Agreement shall be binding pon th successors and assigns of the parties
hereto, provided that no assign ent all be without the written consent of all
Parties to said Agreement.
D. It is understood and agAah t th retention of the Consultant by the City for the
purpose of the Projeb s an independent contractor and shall be
exclusive, but the Cons all ave the right to employ such assistance as
may be required for the ance f the Project.
E. It is agreed by the City ec ords nd files pertaining to information needed by
the Consultant for the shall b available by said City upon reasonable
request to the Consulta City agr es to furnish all reasonable assistance in
the use of these record s.
F. It is further agreed tat no Party to this A reement shall perform contrary to any
state, federal, or tool law or any of the ordi nces of the City of Iowa City, Iowa.
G. At the request of he City, the Consultant sha I attend meetings of the City Council
relative to the ork set forth in this Agreeme t. Any requests made by the City
shall be given #th reasonable notice to the Cor1pultant to assure attendance.
H. The Consul nt agrees to furnish, upon terming ion of this Agreement and upon
demand by the City, copies of all basic notes an sketches, charts, computations,
and any other data prepared or obtained byte Consultant pursuant to this
Agree t without cost, and without restrictions or imitation as to the use relative
to specific projects covered under this Agreement. n such event, the Consultant
shall not be liable for the City's use of such document 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.
IM
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 Agree ent be fourio invalid, it is agreed that the
remaining portion shall be deem;-7evseverable fro the invalid portion and continue
in full force and effect.
L. Original contract drawings shap become the prop rty of the City. The Consultant
shall be allowed to keep myl reproducible cop i s for the Consultant's own filing
use.
M. Fees paid for securing ap
will be paid by the City.
N. Upon signing this agreement
Iowa Code prohibits a City oft
with the City, and certifies th
members of the City Council
either direct or indirect, in this
said statutory provision enum
,al of authorities J aving jurisdiction over the Project
Consultant a nowledged that Section 362.5 of the
:er or emplo a from having an interest in a contract
t no emplo ee or officer of the City, which includes
nd City ards and commissions, has an interest,
reeme that does not fall within the exceptions to
r ted in ection 362.5.
O. The Consultant agrees at all timA
professional liability insurance
Consultant's negligent acts, en
$1,000,000. i
IV. COMPENSATION FOR SERVICESr'
Consultant shall perform the Scope of SE
according to the attached Project' Cost
and Wash System dated July 18; 2011, i
V. MISCELLANEOUS
aterial to this Agreement to have and maintain
7vering the Consultant's liability for the
and omissions to the City in the sum of
for a fee not to exceed $76,685, calculated
n for Iowa City Public Works Fuel Facility
'ated herein by this reference.
A. All provisions of the Agreement shall a reconciled in accordance with the
generally accepted s, andards of the Engin ring Profession.
B. It is further agreed that there are no other considerations or monies contingent
upon or resulting/ from the execution of t is Agreement, that it is the entire
Agreement, and that no other monies or consi erations have been solicited.
FOR THE CITY
By:_
Title:
Date:
ATTE
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FOR THE CONSULTANT
JON P. ;WALLENKAMP
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Approved by:
ity Attorney's Office
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City of Iowa City
16
riy� 1 :4 IOTI�Vl IET�
DATE: September 15, 2011
TO: Tom Markus, City Manager
FROM: Ron Knoche, City Engineer
RE: Application for Iowa Department of Transportation Statewide
Enhancement Funds for the Burlington Street Median Project
from the Iowa River to Capitol Street - September 20th Agenda
The Burlington Street Median Project from the Iowa River to Capitol Street was identified as
a need when the Board of Regents approved the location for the new University of Iowa
Recreation and Wellness Center on the corner of Burlington Street and Madison Street.
The original schedule for the project had it completed when the facility opened. The plans
were completed. Due to the Flood of 2008, the project was delayed because of pending
recovery projects.
The original construction budget for the project was estimated to be $1,140,000. The final
engineer's estimate when the plans were completed is $2,032,000, which included a
$100,000 contingency. The University of Iowa has committed $750,000 to the construction
of the project. This leaves a significant shortfall in the budget.
Staff has identified the Iowa Department of Transportation Statewide Enhancement
Fund to be a potential opportunity. Staff is preparing an application for $750,000 in
funding. This is a competitive funding program.
Staff recommends Council authorize application for the Statewide Enhancement Funds.
cc: Rick Fosse, Public Works Director
M 1,7o
J 16
Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5247
RESOLUTION NO. 11 -315
RESOLUTION AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FROM THE IOWA
DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF A LANDSCAPED
MEDIAN ON BURLINGTON STREET FROM THE IOWA RIVER TO CAPITOL STREET
WHEREAS, the Burlington Street Median Project is in the Iowa City Capital Improvements
Program FY2011 -15, fund number 3834; and
WHEREAS, additional funding is necessary to construct the project; and
WHEREAS, said project is intended to improve pedestrian safety by ensuring pedestrians use
designated crosswalks; and
WHEREAS, said project is intended to enhance the aesthetics of this entryway into downtown
Iowa City and the University of Iowa campus; and
WHEREAS, the University of Iowa has expressed interest in partnering with the City of Iowa
City by committing $750,000 for the project; and
WHEREAS, the City desires to apply for up to $750,000 in funding assistance through the
Statewide Transportation Enhancement Program to finance the cost of said landscaped median
development and construction; and
WHEREAS, the Statewide Transportation Enhancement Program requires a minimum local
match constituting 30% of total project costs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Staff is authorized to submit an application and any additional documentation to the
Iowa Department of Transportation for funding assistance through the Statewide
Transportation Enhancement Program; and
2. The City Engineer is authorized to sign the grant application forms and any
subsequent grant contracts with the Iowa Department of Transportation; and
3. Any funding assistance received shall be used for implementation of the project
referenced above in accordance with the grant guidelines and requirements; and
4. The City hereby agrees to allocate the necessary local -match funds to be put toward
the above - described project should the City receive grant funds as a result of these
applications, to be derived from City of Iowa City general funds, general obligation
bonds, donations and /or contributions; and
5. Any property acquired or facility developed with said financial aid programs will be
placed in use and retained in such use for at least twenty years unless otherwise
provided and agreed to by the City of Iowa City and IDOT; and
Resolution No. 11 -315
Page 2
6. This resolution will be included with formal applications to IDOT.
Passed and approved this 20th day of _September , 20_11
A proved by
ATTEST:
CITY tZERK City Attorney's Office
It was moved by Wright and seconded by Bailey 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
S: \JCCOG \Grant Applications \Burlington Median Project \Council Resolution.doc