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HomeMy WebLinkAbout2012-07-31 Resolution2c- -12 2c(19) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 12 -343 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: The Spirit Tobacco and More — 537 E. College Street Passed and approved this 31st day of July , 20 12 ATTEST: 9Y CIT ERK A !!�� cf'i n MAYOR Approved by City Attorney's Office It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton M� 2d(l) EIIIIIIIIIIIII Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -344 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2713 WHISPERING MEADOWS DRIVE, IOWA CITY, IOWA. WHEREAS, June 25, 2008, the owner executed a Mortgage with the City of Iowa City to secure a FY08 HOME Investment Partnership loan and a FY08 Community Development Block Grant (CDBG) loan to purchase 2713 Whispering Meadows Drive; and WHEREAS, the owner sold 2713 Whispering Meadows Drive and the new owners have signed a recapture agreement for the HOME Investment Partnership funds and the CDBG funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2713 Whispering Meadows Drive from a Mortgage recorded June 26, 2008, Book 4317, Page 345 through Page 349 of the Johnson County Recorder's Office. Passed and approved this 31st day of July , 20 12 . MAYOR ATTEST: X-, • �Irr CITftLERK City Attorney's Office Resolution No. 12 -344 Page 2 It was moved by Payne and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Champion Dickens X Dobyns x Hayek _x Mims x Payne x Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 2713 Whispering Meadows Drive, Iowa City, Iowa, and legally described as follows: Lot 130, Whispering Meadows, Part Three, Iowa City, Iowa according to the plat thereof recorded in Book 45, Page 27 Plat Records, Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded June 26, 2008, Book 4317, Page 345 through Page 349 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: 22ut" ' /'C • ' \ ') CITY CL RK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ,0 MAYOR Approved by City Attorney's Office &f- On this 31 day of J ,L A.D. 20_4A— , before me, the undersigned, a Notary Public in and for said County, in said State, personal) appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No./L9-341 adopted by the City Council on the 31 4t- day '7 L 20 /a- and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the executi of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT S >� ° Commission Number 159791 • My Commission Fires Notary Public in and for Johnson County, Iowa ,3 ao 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -345 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 630 WHITING AVENUE, IOWA CITY, IOWA. WHEREAS, on June 12, 2001, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 630 Whiting Avenue, Iowa City, Iowa from a Mortgage recorded June 26, 2001, Book 3082, Page 166 through Page 172, of the Johnson County Recorder's Office. Passed and approved this 31st day of July , 20__12- _ n MAYOR Approved by ATTEST: CITY ICLERK City Attorney's Office It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion —X Dickens g Dobyns x Hayek -- Mims g Payne x Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Dominic D. and Amy J. Gabaldon Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 630 Whiting Avenue, Iowa City, Iowa, and legally described as follows: Beginning at a point that is 20 feet North and 408.3 feet East of the Southwest corner of the SE % NE % of Sec. 3, Twp. 79N, R. 6, West of the 5th p.M., in Iowa City, Iowa; thence North 140 feet; thence East 120 feet; thence South 140 feet; thence West 120 feet to the point of beginning, together with easements running with the land, and subject to easements and restrictions of record. from an obligation of the owners, Dominic D. and Amy J. Gabaldon, to the City of Iowa City represented by a Mortgage recorded June 26, 2001, Book 3082, Page 166 through 172, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: zz ,z CITY LERK STATE OF IOWA ) ► SS: JOHNSON COUNTY 1 At � MAYOR Approved by City Attorney's Office On this .31 Sci - day of `Tut , A.D. 20_/1, before me, the undersigned, a Notary Public in and for said County, in said State, personally dppeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. /1, adopted by the City Council on the 31 day a-F 20 /c-- and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution o said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily execu SONDRAE FORT Commission Number 159791 My Commission Ekes ? S 3 c2o 5 Notary Public in and for Johnson County, Iowa 2i.�i(3■.) .■ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -346 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2547 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA. WHEREAS, August 30, 2010, the owner executed a Mortgage with the City of Iowa City to secure a FY11 HOME Investment Partnership loan to purchase 2547 Whispering Prairie Avenue; and WHEREAS, the owner sold 2547 Whispering Prairie Avenue and the new owners have signed a recapture agreement for the HOME Investment Partnership funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2547 Whispering Prairie Avenue from a Mortgage recorded August 31, 2010, Book 4643, Page 874 through Page 878 of the Johnson County Recorder's Office. Passed and approved this 31st day of July , 20 12 ATTEST: CITY CLERK ANM b S^ City Attorney's Office f Resolution No. 12 -346 Page It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319 )356 -5246 Legal Description of Property: see below Mortgagor(s): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 2547 Whispering Prairie Avenue, Iowa City, Iowa, and legally described as follows: Lot 37, Whispering Meadows Subdivision Part One, an addition to the City of Iowa City, Iowa according to the plat thereof recorded in Book 31, Page 277 Plat Records of Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded August 31, 2010, Book 4643, Page 874 through Page 878 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY ERK STATE OF IOWA ) SS: JOHNSON COUNTY ► S4-' -... Appr d b S'(I'(Z) City Attorney's Office On this 3i _ day of JluLtj , A.D. 20 /J—, before me, the undersigned, a Notary Public in and for said County, in said State, personally aiSpeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. Z;-34/padopted by the City Council on the -3L $+-day �4c c , 20 /d— and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the executiod of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT Commission Number 159791 Sa F&f4, My Commission Expltes Notary Public in and for Johnson County, Iowa 8 JOLS M� Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -347 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A FORGIVABLE MORTGAGE FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA CITY, IOWA. WHEREAS, on September 29, 2011, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located in Johnson County, Iowa City, Iowa from a Mortgage recorded October 6, 2011, Book 4813, Page 288 through Page 292 of the Johnson County Recorder's Office. Passed and approved this 31st day of 2012. An A MAYOR Approved by ATTEST: L �� /r-11 •� ( $- ( CITY C ERK City Attorney's Office It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion -_ Dickens X Dobyns� X Hayek X Mims X_ Payne X Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Domestic Violence Intervention Program, Inc. Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located in Johnson County, Iowa City, Iowa, and legally described as follows: Property in Johnson County, Iowa: Lot 7, Block 5 of Resubdivision of portions of Blocks 5 and 6 of Braverman Center, parts 1 and 2, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 19, page 93, Plat records of Johnson County, Iowa. from an obligation of the owner to the City of Iowa City represented by a Mortgage recorded October 6, 2011, Book 4813, Page 288 through Page 292 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: Ls/ CITY ERK STATE OF IOWA ) ► SS: JOHNSON COUNTY ) S'/— MAYOR Approved Y �-��� City Attorney's Office On this .91 day of --,JCA.i 4 , A.D. 20 /� , before me, the undersigned, a Notary Public in and for said County, in said State, personally allpeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporatiiWy authority of its City Council, as contained in Resolution No. 4 "—q adopted by the City Council on the 31 day a 20 /a and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT AP _ Commission Number 159791 Syv ral � y6,b My 171 fission Expires Notary Public in and for Johnson County, Iowa M�q Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -348 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1955 CHELSEA COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage, executed by the owner of the property on February 5, 2010, recorded on February 16, 2010, in Book 4557, Page 322 through Page 327, in the Johnson County Recorder's Office covering the following described real estate: Lot 78, Village Green Part XXIII, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. WHEREAS, Hills Bank and Trust is refinancing a mortgage to the owner of the property located at 1955 Chelsea Court and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, the purpose of the refinancing is solely to obtain a lower interest rate, and Hills Bank and Trust will be providing no additional funds to the owner; and WHEREAS, Hills Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, the subordination will not change the City's current position, that is, it will remain as second position and inferior to the owner's primary lender. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Coralville, Iowa. Passed and approved this 31st day of July , 20 12 ATTEST: CI LERK Approved dbby�� City Attorney's Office 2d(5) I '3 , fx Resolution No. 12 -348 Page 2 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —_ Champion x Dickens x Dobyns X Hayek x Mims —X Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is in the amount of $32,400, and was executed by Honor E., Cla /,,kJa/ Honor E. Bousfield (herein the Owner), dated February 5, 2010, recorded February 18, 2D10, in Book 4557, Page 322 through Page 327, Johnson County Recorder's r7��, g the following described real 7, property: Lo t 78, Village Green Part XXIII, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution has loaned the sum of $123.000 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 Forgivable 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: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Forgivable 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 Forgivable Mortgage of the City. LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 901 day of J! tly , 20 IZ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared hh*OWJ> trOf to me personally known, who being by me duly sworn, did say that he /she is the V1ci fJVe S 1al211'f' of N1jj5 k� S� CO , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Vl c2, fJyt S f gLCYL +' acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Notary Public in and for the State of Iowa My Commission expires: 1117,17— r Comas €ssion Number 74,9 My Cgr , € n Exr 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this i i Rt day of July , 20_12 CITY OF IOWA CITY Mayor Attest: City CI rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION Z R Of WA s� On this 3i day of kL �, , 20 is , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared w -6-w —J.- -Actw.t K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say hat they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in ice)' (Resolution) No. la - 34 g' passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 3i S'� day of "T��u , 20��, and that /►/ta -►iL� �,,� J �la�, IL and Marian K. Karr acknowledged the execution of the instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT o Commission Number 159791 My Cission Expires 310_77" Notary Public in and for the State of Iowa Aq 07 -31 -12 2d(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -349 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 435 WESTBURY DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage, executed by the owner of the property on November 10, 2010, recorded on November 16, 2010, in Book 4681, Page 561 through Page 566, in the Johnson County Recorder's Office covering the following described real estate: Unit 435, Building E of Lot 1, Olde Towne Village Condominiums according to the Declaration thereof recorded June 27, 2008 in Book 4317, Page 733, Records of the Johnson County Recorder. WHEREAS, Hills Bank and Trust is refinancing a mortgage to the owners of the property located at 435 Westbury Drive and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, the purpose of the refinancing is solely to obtain a lower interest rate, and Hills Bank and Trust will be providing no additional funds to the owner; and WHEREAS, Hills Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, the subordination will not change the City's current position, that is, it will remain as second position and inferior to the owner's primary lender. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Coralville, Iowa. Passed and approved this 31st day of MAYOR ATTEST: CITY tLERK 20 12 . Approved by City Attorney's Office Resolution No. 12 -349 Page 2 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion x Dickens -- Dobyns X Hayek X Mims —X_ Payne x Throgmorton SUBORDINATION AGREEMENT . THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is in the amount of $30,000, and was executed by Jarod A. Deverell (herein the Owner), dated November 10, 2010, recorded November 16, 2010, in Book 4681, Page 561 through Page 566, Johnson County Recorder's Office, covering the following described real property: Unit 435, Building E of Lot 1, Olde Towne Village Condominiums according to the Declaration thereof recorded June 27, 2008 in Book 4317, Page 733, Records of the Johnson County Recorder. WHEREAS, the Financial Institution has loaned the sum of $110,000 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 Forgivable 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 Forgivable 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 Forgivable Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. s4- Dated this 3) day of Ju L , 20 CITY OF IOWA CITY FINANCIAL INSTITUTION By ­Wk., Attest: City Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 31 day of ! uu, , 20 /.1- , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared — we /c _ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say1hat they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (O-rdinance)- (Resolution) No. 'a - 3 -V9 passed (the Resolution adopted) by the City Council, under Roll Call No. ------_of the City Council on the 5/ -*4' day of' JAL , 20 a- , and that M4ke.o --j-- 4-4a W o!f and Marian K. Karr ac owledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. =COMYSONDRAE 791es Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this —3P,-,D day of Jyt,V , 20 12- , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 12el�cacuv� to me personally known, who being by me duly sworn, did say that he /she is the V1C,C' j2V -e Qo64L. - of ��M� �7(,l,Ul - rVttoCf71Nt f V(4, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said VeSId~Mt' acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. MY!= n Notary P lic in- & the State of Iowa My Commission expires: Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319 )356 -5246 RESOLUTION NO. 12 -350 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 706 MILLER AVENUE, IOWA CITY, IOWA. WHEREAS, on March 11, 2005, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on February 8, 2006, the owners executed another Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loar>rhave been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 706 Miller Avenue, Iowa City, Iowa from a Mortgage recorded April 14, 2005, Book 3863, Page 576 through 580, and another Mortgage recorded March 31, 2006, Book 4005, Page 809 through Page 813 of the Johnson County Recorder's Office. Passed and approved this 31st day of July , 20 12 Approved by ATTEST: CITY CLERK City Attorney's Office 2d(8) Resolution No. Page 2 12 -350 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Mark J. Cannon and Sheila A. Cannon Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following property located in Johnson County, Iowa City, Iowa, and legally described as follows: Commencing at a point on the North line of West Benton Street in Iowa City, Iowa located as follows: Beginning at a brass pin set in the concrete pavement of U.S. Highway No. 218, which pin marks the East quarter comer of Section 16, Township 79 North, Range 6 West of the 5s' P.M., and assuming the bearing of the line from said pin to the centerline of the pavement South to be due South; thence North 372.2 feet and West 1556.6 feet to an iron pipe at the Intersection of the North line of said Section 16; thence South 09 degrees 57 minutes West 67.9 feet to the point of beginning; thence South 89 degrees 57 minutes West 61 feet; thence North 1 degree 03 minutes West 128.4 feet; thence North 89 degrees 57 minutes East beginning, as shown on plat recorded in Plat Book 4, page 319, Plat Records in Recorder's office, Johnson County, Iowa. . from an obligation of the owners, Mark J. Cannon and Shelia A. Cannon, to the City of Iowa City represented by a Mortgage recorded April 14, 2005, Book 3863, Page 576 through 580, and another Mortgage recorded March 31, 2006, Book 4005, Page 809 through Page 813 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: K J CITY CLERK STATE OF IOWA ► SS: JOHNSON COUNTY ) MAYOR Approved by City Attorney's Office St On this 31 day of d(ALu A.D. 20 /a-- , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf ofst e corporation by. authority of its City Council, as contained in Resolution No. L -&—UP adopted by the City Council on the 3L day _ uL 20 /JIL_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the executiorf of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. a RT i ffia 159791 S�dna Q AV Vkn 3/17/ Notary Public in and for Johnson County, Iowa I -- ����= pear, CITY O F IOWA C I T Y 2d(10) M E M 0 RA N D U M Date: July 20, 2012 To: Tom Markus, City Manager From: Ron Knoche, City Engineer 4— Re: Rocky Shore Drive Pump Station and Floodgate Project Consultant Contract Amendment Introduction Design of the Rocky Shore Drive Pump Station and Floodgate Project is underway. Our consultant, H.R. Green, has encountered additional work. They are requesting an increase in their fee and extension of the schedule for completion. History /Background The project is part of Iowa City's flood recovery effort and is intended to reduce impacts of future floods on nearby properties and critical infrastructure along Highway 6 that were flooded in 1993 and 2008. It will involve the installation of permanent, automatic pumps to an existing stormwater structure located near the intersection of Rocky Shore Drive and Highway 6. The project will also include the installation of a floodwall and flood gate system across the Rocky Shore Drive viaduct. Discussion of Solutions H.R. Green has revised the design layout ten times as a result neighboring property owner concerns and concerns from the CRANDIC Railroad. Extra work also included a hydraulic modeling analysis that wasn't included in the scope of the contract. Increasing the contract fee by $13,700 will allow them to cover the additional work. Financial Impact Funding for this project was received through an Iowa Economic Development Authority (IDEA), Community Development Block Grant (CDBG). The legislation providing the disaster recovery funding is the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Pub. L. 110 -329). The increase in fee will be covered by the grant. Recommendation Staff recommends authorizing the increase in fee and extending the schedule for completion. Cc: Rick Fosse, Public Works Director Ben Clark, Special Projects Administrator WJ Prepared by: Ben Clark, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5436 RESOLUTION NO. 12 -351 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE JANUARY 25, 2011 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ROCKY SHORE LIFT STATION AND FLOOD GATE PROJECT. WHEREAS, the City of Iowa City entered into a contract on January 25, 2011 for consulting services with H.R. Green of Cedar Rapids, Iowa, to provide design services for the Rocky Shore Drive Pump Station and Floodgate Project; and WHEREAS, the City of Iowa City desires to revise the storm pump station location to be north of the CRANDIC right -of -way and northwest of Rocky Shore Drive; and WHEREAS, the revised location necessitates rework of the design and other services; and WHEREAS, the City of Iowa City has negotiated Amendment #1 to the January 25, 2011 Agreement for said consulting services with H.R. Green of Cedar Rapids, Iowa, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with H.R. Green of Cedar Rapids, Iowa; and WHEREAS, funds for this project are available in the Rocky Shore Pump Station and Flood Gate account #3964. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement Amendment attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement Amendment in duplicate. Passed and approved this 31st day of July , 2012. !! - - -4 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office Resolution No. 12-351 Page 2 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton HRGreen CONSULTANT AGREEMENT ROCKY SHORE STORMWATER PUMP STATION AND FLOOD GATE AMENDMENT NO. 1 THIS AMENDMENT No. 1 to the January 25, 2011 CONSULTANT AGREEMENT for the Rocky Shore Stormwater Pump Station and Flood Gate Project by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and HR Green, of Cedar Rapids, IA hereinafter referred to as the Consultant, is made and entered into this 31 sr day of J �� , 2012. WHEREAS, the City desires to revise the storm pump station location to be north of the CRANDIC right - of -way and northwest of Rocky Shore Drive; and WHEREAS, the revised location necessitates rework of the design and other services; and WHEREAS, Consultant is willing to perform this additional work for an increase in their fee and extension of the schedule for completion. NOW THEREFORE, it is agreed by and between the parties hereto that the parties do now agree to the following amendments to the January 25, 2011 Consultant Agreement: I. SCOPE OF SERVICES The following services from the original Consultant Agreement will be redone or continued over the extended schedule for completion due to the revised location of the pump station: PRELIMINARY DESIGN SERVICES A.2 Meeting with Utilities & Railroads A.3 Project Progress Meetings A.4 Project Management A.6 NEPA Compliance F. Preparation of Easement Plats and Legal Descriptions G. Public Involvement/information FINAL DESIGN AND BIDDING SERVICES A.3 Construction Documents II. TIME OF COMPLETION The amended Scope of Services shall be completed according to the following schedule: 1. Notice to Proceed — NTP ............... ............................TBD by City 2. Submit 90% complete documents to City .......................... 10 Weeks after NTP 3. 90% complete review meeting .............. .............................12 Weeks after NTP 4. Submit final documents to City and permit agencies .........15 Weeks after NTP 5. Distribute bid documents ...................... .............................16 Weeks after NTP 6. Bid opening, award contract ................. .............................22 Weeks after NTP 7. Construction completion ....................... .............................58 Weeks after NTP Amendment No.1 to Consultant Agreement Rocky Shore Stormwater Pump Station and Flood Gate Page 2 of 2 Ill. COMPENSATION FOR SERVICES In consideration for the above - described change in the Scope of Services, the portion of the original Consultant's fee held in reserve for Discharge Pipe Design and Automatic Bar Screen Design alternatives will be applied to this new work. In addition, the Consultant's total time and materials basis fee is hereby increased by $13,700 to $694,100. IV. All other provisions of the January 25, 2011 Consultant Agreement not specifically amended herein shall remain in full force and effect. FOR THE CITY FOR THE CONSULTANT By: Ai" Matthew J. Hayek Title: Mayor Date: „N 3 , .2013- ATTEST: /iti /r”. Cit -Clerk By: Title: V10 Date: Approved by: 'i� City Attorney's Office Date CITY OF IOWA CITY 2d'1 t MEMORANDUM - DATE: July 19, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer, re: Iowa City Landfill Groundwater Lift Station Design Services July 31 Introduction: The City of Iowa City owns and operates the Iowa City Landfill and Recycling Center. The facility has systems for water and air monitoring to ensure regulatory compliance. These systems are monitored and analyzed for quality control and the results are submitted to the Iowa DNR for review. History /Background: The facility has a groundwater under drain system that was damaged during the fire response. The groundwater under drain system needs to be repaired to operate again. A new groundwater lift station is necessary to pump the groundwater under the landfill cells to the leachate lagoon where it will then be treated at the wastewater treatment plant. Discussion of Solution: An agreement has been negotiated with HR Green Inc. to provide engineering design and inspection services for the construction of a new groundwater lift station. Financial Impact: The total cost of engineering services is $123,700. Funding will be provided by landfill revenues. Recommendation: Staff recommends approval of the engineering services contract with HR Green Inc at the July 31st City Council Meeting. cc: Rick Fosse, Public Works Director Daniel Scott, Project Engineer W9 Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5144 RESOLUTION NO. 12 -352 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 H.R. GREEN INC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL GROUNDWATER LIFT STATION PROJECT. WHEREAS, the City of Iowa City desires to construct a groundwater lift station at the Iowa City Landfill and Recycling Facility; and WHEREAS, the existing groundwater under drain system was damaged during the fire response and a new groundwater lift station is necessary to operate the facility; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Iowa City Landfill Groundwater Lift Station Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with H.R. Green Inc, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with H.R. Green Inc; and WHEREAS, funds for this project are available in the Landfill FY09 Cell Reconstruction account #3321- 550900; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 31st day of July 120 12 MAYOR Approved by ATTEST: cCt�t 1 °tom/ CITY CLERK City Attorney's Office Pweng/masters/designagt. doc Resolution No. 19-352 Page 2 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: —x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this -81 day of by and between the City of Iowa City, a municipal corporation, hereinafter eferred to as the CITY and HR Green, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY desires to secure the services of an engineering consulting firm to provide final design and preparation of construction /bidding documents for construction of an electrical service line extension and construction of a lift station that will collect and divert groundwater from the landfill under - drains to the facility's leachate management system. The primary objective of these projects is to mitigate known groundwater impacts that resulted from the May 2012 landfill fire and to remain in compliance with State regulations. WHEREAS, the CITY desires to secure the services of an engineering consulting firm to be the CITY's on -site field representative and provide technical assistance during installation of the electrical service extension, groundwater lift station, and during the remediation and cleanup of fire debris from the burned portion of the FY09 landfill cell. Engineering services related to cell design and re- construction of cell FY09 is not included in this agreement. That effort will be addressed in a separate agreement. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide the services as set forth herein. I. SCOPE OF SERVICES CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. 1. ELECTRICAL SERVICE EXTENSION AND GROUNDWATER LIFT STATION (FINAL DESIGN) The primary components of the electrical service extension include the following: • Three phase electrical service will be extended from the existing leachate lift station at the southeast corner of the site, along the south property line, to a location south of cell FY09. Given the distance and relative cost, it is assumed that this portion of the extension would be overhead, supported by treated wood poles. An appropriately sized transformer and power service outlets will be installed south of cell FY09 to provide electricity for heavy equipment engine heaters and other potential future needs. • The electrical service extension will continue to the location of the proposed lift station west of FY09. Considering the distance and proximity of the existing MidAmerican high voltage power lines, it is likely that this portion of the electrical service will be underground. An appropriately sized transformerwill also be required at the location of the groundwater lift station. The primary components of the groundwater under -drain lift station installation include: • Wet well, pump and controls. • Piping that connects wet well discharge to leachate piping. \ \HRGCRNAS \DATA\20100062.01 \CONSTRUCTION \CONTRACTIAGT -071312- IC_FY09 CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 1 of 7 The electrical service (high voltage) and the lift station (medium voltage) are two very different projects involving different contractor expertise. We assume that separate bid packages will be required and each project will be bid out and awarded separately. A. Final Construction /Bidding Documents Technical documents for the electrical service extension project will include: • Plan and profile drawing. • Sag /tension charts. • Pole details, including fused cutouts at: 1) power drop for earth moving heater plug -in station and 2) new lift station. • Equipment specifications. • Construction specifications. Technical documents for the lift station project will include: • Site layout. • Wet well plan and section. • Civil details. • Electrical plan and pump controls. • Electrical details. • Specifications. Drawings for each project will be prepared in electronic format and plotted on a sheet size of 11" x 17 ". The project manuals will be prepared to accompany the Construction Drawings and will include bidding and contract requirements (front ends) and technical specifications. Technical specifications will be prepared following the standard Construction Specifications Institute (CSI) format. The bidding requirements (front -ends) will outline CITY requirements and follow the format used for previous landfill projects. CONSULTANT will submit review drawings to the CITY at the 50% and 90% levels of completion. Both the drawings and the project manuals will be submitted to the CITY for review at the 90% level of completion. CONSULTANT will attend two meetings with the CITY at the landfill office or by conference call to discuss the submittals. CITY will provide comments and issuance to proceed after each submittal. Concurrently with the 100% completion of the bidding documents, CONSULTANT will prepare and submit an Engineer's Opinion of Probable Construction Cost. B. Bidding Assistance CONSULTANT will assist the CITY with the public bidding process and will produce the required number of final bidding documents for distribution to prospective bidders and plan rooms. It is anticipated that 15 to 25 sets of documents for each project will be required. CONSULTANT will be the "issuing office" for the bidding documents and will maintain a planholders list through the bidding period. CONSULTANT will prepare for and attend a pre -bid conference at the landfill office for each of the two projects. If warranted, \ \HRGCRNAS\ DATA\ 20100062.01 \CONSTRUCTION \CONTRACT\AGT - 071312 -IC FY09 CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 2 of 7 pertinent items discussed in the meetings will be addressed in an addendum to be sent to all plan holders. During the bidding period for the two projects, CONSULTANT will address contractor's questions and will prepare addenda as needed. 2. ON -SITE OBSERVATIONS, TECHNICAL ASSISTANCE, AND DOCUMENTATION CONSULTANT will provide an on -site field representative that will conduct observations, and provide technical assistance and documentation during the electrical service extension, groundwater lift station construction, and during the remediation and cleanup of fire debris from the burned portion of the FY09 landfill cell. We anticipate that much of the construction work will run concurrently, as will the services provided by the on -site field representative. For these projects, a project manager will provide support to the field representative as required for certain technical, administrative, and regulatory tasks. A. Field Services - Remediation and Cleanup of FY09 It is our understanding that the CITY will furnish the equipment and operators necessary for removal of the fire debris from cell FY09 and hauling to adjacent lined cells. During this cleanup, the extent of damage will be further assessed so that the scope of the reconstruction can be better defined. Also, the exposed clay liner and associated leachate piping will be systematically inspected to identify potential problem areas that may warrant immediate corrective measures. CONSULTANT will provide technical assistance, observation and documentation to the CITY as the site remediation and cleanup work is performed. Services could include engineering support (including cad), monitoring /investigation of burning TDA and waste, identification and remediation of spills, and reporting and documentation for regulatory purposes. B. Field Services — Electrical Service Extension and Groundwater Lift Station CONSULTANT will attend preconstruction meetings for each of the two projects, held at the landfill, to address items associated with construction start-up. The purpose of the meetings are to discuss any anticipated construction problems, coordination with existing landfill operations and other contractors, establish communication and authority chain, QA/QC requirements, site safety, and to establish the construction schedule. During the construction period for each of the two projects, CONSULTANT will: • Review and approve submittals and shop drawings as required in the project manual. • Initiate correspondence with contractor regarding coordination of field orders and change orders. • Respond to requests for information. • Review, interpretation, and clarification of specifications. • Preside over construction progress meetings with the Contractor and CITY staff. Prepare and distribute meeting notes. • Observe and document construction activities and facilitate resolution of problems or conflicts. • Facilitate coordination between the contractors and landfill staff. 1 \HRGCRNASI DATA\ 20100062 .011CONSTRUCTION \CONTRACTIAGT -071312 -IC FY09_CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 3 of 7 ASSUMPTIONS • The budget for engineering and field services during the construction phase of these projects is based on construction of all three projects running concurrently or overlapping within a 12 week period. The on -site field representative is budgeted for an average of 40 hours per week over this period. • The on -site field representative will assist in coordinating analytical or geotechnical testing that may be required over the course of the cleanup work. Contracting and payment for these testing services will be made directly by the CITY. • Pipe jetting services and disposal of all hazardous and non - hazardous materials will be contracted or completed directly by the CITY. • All surveying will be provided by the CITY. • CONSULTANT will not provide "means or methods" to the contractors. • Considering potential unknowns associated with the City's remediation and cleanup of FY09, the full scope of CONSULTANT's services is difficult to fully defined at this point in the project and might have to evolve as conditions change at the landfill and more information becomes available. CONSULTANT will adjust the scope as required in the interest of the CITY, within the parameters and budget of this agreement. SITE SAFETY CONSULTANT will be responsible for initiating and maintaining safety precautions and programs for CONSULTANT's employees. CONSULTANT will prepare site - specific health and safety plan (HASP) following the requirements of 29 -CFR 1910.120, and 29 -CFR 1910.146. When CONSULTANT is present on Project site to perform engineering services, CONSULTANT will comply with CITY's safety plans, programs, and procedures. If CONSULTANT determines that CITY's safety plans, programs, and procedures do not provide adequate protection for CONSULTANT, CONSULTANT may direct its employees to leave Project site or implement additional safeguards for CONSULTANT's employees. If taken, these actions will be in furtherance of CONSULTANT's responsibility to its own employees only, and CONSULTANT will not assume responsibility for protection of any other persons affected by Work. If CONSULTANT observes situations which appear to have potential for immediate and serious injury to persons, CONSULTANT may warn persons who appear to be affected by such situations. Such warnings, if issued, shall be given based on general humanitarian concerns, and CONSULTANT will not, by issuance of any such warning, assume responsibility to issue future warnings or any general responsibility for protection of persons affected by Work. II. TIME OF COMPLETION CONSULTANT shall provide services for the Projects as estimated in the following schedule: Assuming authorization of agreement by July 31, 2012: Remediation Cleanup of FY09 Assumed 3 month construction period Electrical Service Extension and Groundwater Lift Station Projects 50% Draft Construction Documents by August 1, 2012 * 90% Draft Construction Documents by August 8, 2012 * \ \HRGCRNAS\DATA\20100062.01 \CONSTRUCTION \CONTRACT\AGT-071312- IC _FY09_CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 4 of 7 100% Bidding Documents by August 17, 2012 City to set Public Hearing September 4, 2012 Public Hearing to be held September 18, 2012 Bidding Period: September 18- October 9, 2012 Contractor Award by City: October 16, 2012 Construction to be complete by November 23, 2012 * Items completed under a separate contract III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, 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 made 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 such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this \ \HRGCRNAS\ DATA\ 20100067 ..01 \CONSTRUCTIONNCONTRACTIAGT - 071312- IC _FY09_CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 5 of 7 Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultants 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. IV. COMPENSATION FOR SERVICES Fees for professional services outlined in this agreement are on a time and materials basis, per attached 2012 Billing Rate Schedule, not to exceed $123,700. The estimated breakdown of this fee is as follows: Electrical Service Extension Final Design /Bid $12,000 Groundwater Lift Station Final Design /Bid $13,500 Field Services — On -site Observations, $98,200 Technical Assistance and Documentation Total $123,700 V. MISCELLANEOUS A. Insurance Requirements 1. Certificate of Insurance, Cancellation or Modification a. Before commencing work, the Consultant shall submit to the City, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. \ \HRGCRNAS\ DATA\ 20100062.01 \CONSTRUCTION \CONTRACT\AGT -071312 -IC FY09_CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 6 of 7 b. The Consultant shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. C. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and /or to halt work on the Project, and to withhold payment for any work performed on the contract. 2. Minimum Coverage a. Any policies of insurance purchased by the Consultant to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury (2) Property Damage Motor Vehicle Liability and Property Damage Insurance $250,000.00 Per Person $500,000.00 $100,000.00 Per Accident (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 Workers' Compensation insurance as required by Chapter 85, Code of Iowa. Professional liability coverage minimum: $1,000,000.00. 3. Professional Coverage 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. 4. All provisions of he Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. 5. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: ! t" Matthew J. Hayek Title: Mayor Date: `.1 kL H 31, -701.'L If I ATTEST: City 61erk FOR THE CONSULTANT By: Title: Date: \ \HRGCRNAS\DATA\201 1 \C N TrRUC \B TRA GT -07 2- IC _FY09_CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 7 of 7 ' !) J .Z City /�ttorMOO' Office CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and HR Green, Inc., of Cedar Rapids, Iowa, hereinafter referred to �s the CONSULTANT. WHEREAS, the CI desires to secure the services of an engine ing consulting firm to provide final design and pre ration of construction /bidding documents f r construction of an electrical service line extension nd construction of a lift station that will colt ct and divert groundwater from the landfill under -drain to the facility's leachate management s2Vstem. The primary objective of these projects is to mitig to known groundwater impacts that res Ited from the May 2012 landfill fire and to remain in con ace with State regulations. WHEREAS, the CITY desi \ative ure the services of an ngineering consulting firm to be the CITY's on -site field represnd provide technic assistance during installati on of the electrical service extensionater lift station and uring the remediation and cleanup of fire debris from the burned porFY09 landfill cell. Engineering services relateesign and re -co truction of cell FY09 is not included in this agreement. That effort will sed in a separ a agreement. NOW THEREFORE, it is agreed by an( with the CONSULTANT to provide the I. SCOPE OF SERVICES CONSULTANT agrees to perform the foil satisfactory manner. 1. ELECTRICAL SERVICE (FINAL DESIGN) b parties hereto that the CITY does now contract set forth herein. for the CITY, and to do so in a timely and GROUNDWATER LIFT STATION The primary components of a electrical se 'ce extension include the following: • Three phase electri I service will bee nded from the existing leachate lift station at the southeast co her of the site, along \ehe uth property line, to a location south of cell F . Giv the distance and reost, it is assumed that this portion of the extension ould be overhead, sed by treated wood poles. An appropriately s' ed transformer and porvice outlets will be installed south of cell FY09 to rovide electricity for heuipment engine heaters and other potential fut a needs. • The electri al service extension will co t the location of the proposed lift station w st of FY09. Considering than a and proximity of the existing MidAme can high voltage p ower lines, ely at this portion of the electrical service ill be underground. An appropsized ansformerwill also be required at the ocation of the groundwater lift st The prima components of the groundwater under -drain lift station installation include: • Wet well, pump and controls. • Piping that connects wet well discharge to leachate piping. \\HRGCRNAS\ DATA\ 20100062 .01 \CONSTRUCTION\CONTRACTIAGT-071312- IC _FY09_CLEANUPBLIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 1 of 7 The electrical service (high voltage) and the lift station (medium voltage) are two very different projects involving different contractor expertise. We assume that separate bid packages will be required and each project will be bid out a9d awarded separately. A. Final Construction /Bidding Documents documents for the electrical service extension • Plan and profile drawing. • Sag /tension charts. • Pole details, including fused cutouts at: 1) plug -in station and 2) new lift station. • Equipment specifications. Construction specifications. will include: drop for earth moving heater TechnicX documents for the lift station project will yhclude: • Sith layout. • Wet ell plan and section. • Civil Asils. • Electricahplan and pump controls. • Electrical details. Drawings for each proje will be prepared n electronic format and plotted on a sheet size of 11" x 17 ". The proj t manuals will a prepared to accompany the Construction Drawings and will include bi ing and co tract requirements (front ends) and technical specifications. Technical sp ificatio will be prepared following the standard Construction Specifications Insti to (C 1) format. The bidding requirements (front -ends) will outline CITY requirements an o ow the format used for previous landfill projects. CONSULTANT will submit review #aNtngs to the CITY at the 50% and 90% levels of completion. Both the drawings an the p ject manuals will be submitted to the CITY for review at the 90% level of compl ion. CO SULTANT will attend two meetings with the CITY at the landfill office or by conference all to discuss the submittals. CITY will provide comments a:tthe a to proceed a \en ubmittal. Concurrently with thmpletion of the cuments, CONSULTANT will prepare and submit r's Opinion of onstruction Cost. B. Bidding Assistance CONSULTANT will aITY with the pu ocess and will produce the required number of documents foon t rospective bidders and plan rooms. It is anat 15 to 25 sements or each project will be required. CONSULTANT wX be the "issuing office" for the bidding documents aN will maintain a planholders list t rough the bidding period. CONSULTANT will prepare f6r and attend a pre -bid confer ,Once at the landfill office for each of the two projects. If warranted, \IHRGCRNASI DATA\ 20100062 .O1ICONSTRUCTIONICONTRACTIAGT- 071312 -IC FY09 CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 2 of 7 pertinent items discussed in the meetings will be addressed in an addendum to be sent to all plan holders. During the bidding period for the two projects, CONSULTANT will address contractor's questions and will prepare addenda as needed. 2. ON -SITE OBSERVATIONS, TECHNICAL ASSISTANCE, CONSULT NT will provide an on -site field representative provide tec nical assistance and documentation during groundwate lift station construction, and during the reme from the burn d portion of the FY09 landfill cell. We antici work will run c ncurrently, as will the services provided For these proje ts, a project manager will provide sup required for certa technical, administrative, and regul t A. Field Services - Remediation and Cleanup of DOCUMENTATION twill conduct observations, and ie electrical service extension, ation and cleanup of fire debris ate that much of the construction the on -site field representative. I to the field representative as v tasks. It is our understandiNg that the CITY will furnish a equipment and operators necessary for removal of the fire ebris from cell FY09 a hauling to adjacent lined cells. During this cleanup, the exten of damage will be f oher assessed so that the scope of the reconstruction can be b er defined. AI , the exposed clay liner and associated leachate piping will be sys matically insp ted to identify potential problem areas that may warrant immediate co ctive meas res. CONSULTANT will provide technical assistance, observation and ocument ion to the CITY as the site remediation and cleanup work is performed. Se 'ces co Id include engineering support (including cad), monitoring /investigation of burni T A and waste, identification and remediation of spills, and reporting and documen ti n for regulatory purposes. B. Field Services — Electrical Service CONSULTANT will attend preco structior the landfill, to address items as ociated H meetings are to discuss any an cipated co landfill operations and other ntractors, i QA/QC requirements, sites fety, and to I and Groundwater Lift Station eetings for each of the two projects, held at construction start-up. The purpose of the coon problems, coordination with existing ab 'sh communication and authority chain, ablft the construction schedule. During the construction p iod for each of the two Z jects, CONSULTANT will: • Review and appr ve submittals and shop wings as required in the project manual. • Initiate corresp ndence with contractor regarding ordination of field orders and change order . • Respond to r quests for information. • Review, int pretation, and clarification of specificatio S. • Preside ov r construction progress meetings with the C tractor and CITY staff. Prepare nd distribute meeting notes. • Observe and document construction activities and fa ' itate resolution of proble s or conflicts. • Facilit to coordination between the contractors and landfill st \\HRGCRNAS\DATA\ 20100062.01\ CONSTRUCTION\ CONTRACTIAGT - 071312- IC _FY09_CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 3 of 7 ASSUMPTIONS • The budget for engineering and field services during the construction phase of these projects is based on construction of all three projects running concurrently or overlapping within a 12 week period. The on -site field representative is budgeted for an average of 0 hours per week over this period. • he on -site field representative will assist in coord;agreement. g nalytical or geotechnical to ting that may be required over the course of thn work. Contracting and pa ent for these testing services will be made dire t e CITY. • Pipe 'etting services and disposal of all hazardous a- azardous materials will be contr ted or completed directly by the CITY. • All sure ying will be provided by the CITY. • CONSULTANT will not provide "means or methodscontractors. • Consideri potential unknowns associated with the remediation and cleanup of FY09, the fu scope of CONSULTANT's services is to fully defined at this point in the project a might have to evolve as conditionge at the landfill and more information be mes available. CONSULTANT will t the scope as required in the interest of the C within the parameters and buthis agreement. SITE SAFETY CONSULTANT will be res nsible for initiating and aintaining safety precautions and programs for CONSULTANT's mployees. CONSULT NT will prepare site - specific health and safety plan (HASP) following the equirements of 29- FR 1910.120, and 29 -CFR 1910.146. When CONSULTANT is present on Nroject will comply with CITY's safety plans, PNOF that CITY's safety plans, programs, aN I CONSULTANT, CONSULTANT may di additional safeguards for CONSULTANT furtherance of CONSULTANT's responsibil not assume responsibility for protection of site to p orm engineering services, CONSULTANT )ms, an procedures. If CONSULTANT determines >roce res do not provide adequate protection for ;t its mployees to leave Project site or implement ployees. If taken, these actions will be in ihvlo its own employees only, and CONSULTANT will other persons affected by Work. If CONSULTANT observes situations w 'ch appe rto have potential for immediate and serious injury to persons, CONSULTANT /d,all warn per ns who appear to be affected by such situations. Such warnings, if issue be given sed on general humanitarian concerns, and CONSULTANT will not, by isse of any such aming, assume responsibility to issue future warnings or any general res bility for protecti n of persons affected by Work. II. TIME OF COMPLETION CONSULTANT shall provide servXces for the Projects as estimated\n the following schedule: Assuming authorization of agreement by July 31, 2012: Remediation Cleanup of FY01 Assumed 3 month construction period Electrical Service Extensigh and Groundwater Lift Station Projects 50% Draft Constructi n Documents by August 1, 2012 * 90% Draft Construc yin Documents by August 8, 2012 * -0 71312- IC_FY09_CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 4 of 7 100% Bidding Documents by August 17, 2012 City to set Public Hearing September 4, 2012 Public Hearing to be held September 18, 2012 Bidding Period: September 18- October 9, 2012 Contractor Award by City: October 16, 2012 Construction to be complete by November 23, 2012 mpleted under a separate contract III. GENERAL A. The Consultaht not commit any of the following employment practices and agrees to prohibit the follo ing practices in any subcontracts. / 1. To discharge or fuse to hire any individual because their race, creed, color, religion, sex, national on disability, age, martial status, ge der identity, or sexual orientation. 2. To discriminate again t any individual in terms, co ditions, or privileges of employment because of their race, eed, color, religion, sex, ational origin, disability, age, marital status, gender identity, o sexual orientation. B. Should the City terminate this reement, the onsultant shall be paid for all work and services performed up to the time f terminatio However, such sums shall not be greater than the lump sum amount listed in ction IV. he City may terminate this Agreement upon seven (7) calendar days written notic to the onsultant. C. This Agreement shall be binding upon thy successors and assigns of the parties hereto, provided that no assignment shall be ma without the written consent of all Parties to said Agreement. D. It is understood and agreed that the r ention o he Consultant by the City for the purpose of the Project shall be as an independ t contracto nd shall be exclusive, but the Consultant shall have the right to employ suc assistance as ay be required for the performance of the Project. E. It is agreed by the City that al records and files perta ing to information needed by the Consultant for the project sh I be available by said Cit upon reasonable request to the Consultant. The City agrees o furnish all reasonable assis nce in the use of these records and files. F. It is further agreed that o Party to this Agreement shall perf m contrary to any state, federal, or local law or y of the ordinances of the City of Iowa ' y, Iowa. G. At the request of th City, the Consultant shall attend such meeting of the City Council relative to the work et forth in this Agreement. Any requests made the City shall be given with reason le notice to the Consultant to assure attendance. H. The Consultant grees to furnish, upon termination of this Agreement and n demand by the City, copie of all basic notes and sketches, charts, computations, and any other data prepared or tained by the Consultant pursuant to this Agreement without cost, and without restrictions r limitation as to the use relative to specific projects covered under this NHRGCRNAS\ DATA\20100062 .01\CONSTRUCTIOMCONTRACTVAGT -071312 -IC FY09_CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 5 of 7 Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. he City agrees to tender the Consultant all fees in a timely man er, excepting, however, t t failure of the Consultant to satisfactorily perform in accords ce with this Agreement sh constitute grounds for the City to withhold payment of the am unt sufficient to properly com ete the Project in accordance with this Agreement. K. Should diky section of this Agreement be found invalid, it is agre d that the remaining portion shall be d \keep everable from the invalid portion and contin a in full force and effect. L. Original crawings shall become the property of the pity. The Consultant shall be allowed to ylar reproducib le copies for the Consult is own filing use. M. Fees paid for secur \orployee l of authorities having juris iction over the Project will be paid by the City. N. Upon signing this aonsultant acknowledg d that Section 362.5 of the Iowa Code prohibits a City offiyee from having an " terest in a contract with the City, a nd certifies that no emicer of the City, whi h includes members of the City Council and City boards ssions, has an i erest, either direct or indirect, in this agreement, that doi in the exceptio s to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES Fees for professional services outlined in th attached 2012 Billing Rate Schedule, not t( The estimated breakdown of this fee is Electrical Service Extension Final D sign /Bid Groundwater Lift Station Final Des n /Bid Field Services — On -site Observaf ns, Technical Assistance and Doc entation V. MISCELLANEOUS A. Insurance Requirements lent are on a time and materials basis, per $123,700. $12,000 $13,500 $98,200 Total \ $123,700 1. Certificate of Insurance, Cancellation or Modification a. Before com encing work, the Consultant shall submit to ttl� City, for approval, Certificate of Insurance meeting the requiremen specified herein, t be in effect for the full contract period. 11HRGCRNASIDATA\ 20100062 .01\CONSTRUCTIONICONTRACTIAGT -071312 -IC FY09 CLEANUP &LIFTSTATION(FINAL DESIGN & FIELD SERVICES).DOCPage 6 of 7 b. The Consultant shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. C. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and /or to halt work on the Project, and to withhold pa;currence t for any work performed on the contract. 2. Minim Coverage a. A policies of insurance purchased by the ultant to satisfy its res onsibilities under this Agreement shall e contractual liability cove ge, and shall be in the following type minimum amounts: Comprehensiv General Liability Each Aggregate (1) Bodily Inju $250, 00.00 $500,000.00 (2) Property Da age $100,000.00 Motor Vehicle Lia 'lity and Property Damage I surance P Person Per Accident (1) Bodily Injury 250,000.00 $500,000.00 (2) Property Damage $100,000.00 Workers' Compensation i surance as r quired by Chapter 85, Code of Iowa. Professional liability covera a minimu :$1,000,000.00. 3. Professional Coverage The Consultant agrees at all times terial to this Agreement to have and maintain professional liability insurance coveri g the Consultant's liability for the Consultant's negligent acts, errors and omissions o he City in the sum of $1,000,000. 4. All provisions of he Agreement shq(i be r4onciled in accordance with generally accepted standards of the Engin ring Pr ession. 5. It is further agreed that there at no other con iderations or monies contingent upon or resulting from the executio of this Agreem %THE t this is the entire Agreement, and that no other monies or nsiderations ha solicited. FOR THE CITY FOR ONSULTANT 1-7 By: By: k .' Title: Title: r . Date: Date: , -- ATTEST: 11HRGCRNASIDATA120100062 IITRACTIAG - 071312- IC _PY09_CLEANUP &LIFTSTATlON(FINAL DESIGN & FIELD SERVICES).DOCPag2 % of 7 City Attornw rt 0 -ffico r CITY OF IOWA CITY _ � � - *AI ECIL MEMORANDUM Date: July 26, 2012 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: Normandy Drive Restoration Project Introduction: This project will start the renovation and re- building of the Parkview Terrace area of Iowa City that was impacted by the flood of 2008. Plantings, trails and landscaping will be done to bring the area back into a green space as an extension of City Park and for use by the neighborhood and the public. History /Background: In 2008 after the flood, approximately 90 homes have been purchased and razed through CBDG and FEMA monies for use as park land. Neighborhood meetings were held over the past year to determine the extent of renovations and repairs to the area for use by the public. Discussion of Solution: FEMA mandates the amount and type of work that can be done in this area. No structures can be built and concentration will be on landscaping and repair of the grounds as well as permeable trails for use by the public as extensions of City Park and the Rocky Shore Drive trail systems. Recommendation: Approve the public hearing and begin the process of renovating this area of the community Fiscal Impact: The additional costs for this area will be on -going maintenance expense for the cities Park and Recreation Department. This project is budgeted as a CIP project #4178 for $409,000 and will be funded by GO Bonds. Uf -J1� 2e(1) Prepared by: Michael Moran, Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240, (319)356 -5104 RESOLUTION NO. RESOLUTION SETTI A PUBLIC HEARING ON AUGUST 1, 2012 ON PLANS, SPECIFICATI0 S, FORM OF CONTRACT, AND ESTI TE OF COST FOR THE CONSTRUC ON OF THE NORMANDY DRIVE ESTORATION PROJECT, DIRECTING ITY CLERK TO PUBLISH N ICE OF SAID HEARING, AND DIRECTI THE CITY ENGINEER TO P ACE SAID PLANS ON FILE FOR PUBLIC INSP CTION. WHEREAS, funds for this project a-A available in the Norry(andy Drive Restoration Project account #4178. \ ' BE IT RESOLVED BY THE COUNCIL OF T)qE CITY OF/(OWA CITY, IOWA: 1. That a public hearing on the plans, sp cific ions, form of contract, and estimate of cost for the construction of the above- mentio project is to be held on the 21St day of August, 2012, at 7:00 p.m. in the Emma J. Hary all, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of th ity ouncil thereafter as posted by the City Clerk. 2. That the City Clerk is hereby auth ized and ' ected to publish notice of the public hearing for the above -named project in newspaper, blI hed at least once weekly and having a general circulation in the City, of less than fou (4) nor more than twenty (20) days before said hearing. 3. That the copy of the pl s, specifications, form o contract, and estimate of cost for the construction of the a ve -named project is here ordered placed on file by the City Engineer in the offic of the City Clerk for public ins ction. Passed and approved th* day of 20 MAYO4Cit db ATTEST: CI CLERK me s Office pweng\masters \setph. doc 1/11 01-31-1z � 2e(2) �'-tA- CITY OF IOWA CITY , MEMORANDUM DATE: July 26, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer, RE: Dewey Street Brick Reconstruction Project — July 31, August 21 & September 18, 2012 Introduction: The Dewey Street Brick Reconstruction Project involves the reconstruction of the brick paved portion of Dewey Street from Summit Street to Brown Street and Brown Street from Dewey Street to Governor Street. History /Background: The brick pavement is in poor condition and needs to be repaired. The residents who live along Dewey Street have requested that it be repaired. Discussion of Solution: This project will include the complete removal of the existing pavement, salvaging of the existing bricks, construction of new 7" concrete pavement base, a %" asphalt setting bed, and a brick surface constructed using the salvaged bricks. Financial Impact: The estimated construction cost is $375,000. The project will be funded with General Obligation bond and Road Use Tax proceeds. Recommendation: Staff recommends proceeding with the following schedule for this project: July 31 — Set public hearing August 21 — Hold public hearing September 18 — Award project to contractor cc: Ron Knoche, City Engineer M4 '� Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5149 RESOLUTION NO. 12 -353 RESOLUTION SETTING A PUBLIC HEARING ON AUGUST 21, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DEWEY STREET BRICK RECONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Brick Street Reconstruction account # 3849. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 21St day of August, 2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the, next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 31st day of July 120 12 MAYOR Approved by ATTEST: y Cia­e'r% CITY CLERK City Attorney's Office pwengXmasters%setph.doc 1111 Resolution No. _ 19 - -45 -4 Page 2 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M-�� 2e(3) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -354 RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 21, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 618 NORTH GILBERT STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million 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 437 South Governor Street, Iowa City; and WHEREAS, the City has received an offer to purchase 618 North Gilbert Street for the principal sum of $219,395, plus any "carrying costs" accrued after July 17, 2012. Carrying costs are costs which are 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 618 North Gilbert Street, Iowa City, Iowa, also known as part of Lot 4 in Block 51, Iowa City, for the sum of $219,395, plus "carrying costs" accrued after July 17, 2012. Resolution No. 12 -354 Page 2 2. A public hearing on said proposal should be and is hereby set for August 21, 2012, 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 Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 31st day of July -72012. MAYOR ATTEST: d CITY CLERK Approved by City Attorney's Office Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319- 356 -5030 RESOLUTION NO. 1 7_55 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY AND NATIONAL DEVELOPMENT COUNCIL REGARDING COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT. WHEREAS, on July 12, 2010, the City entered into a one -year agreement with National Development Council (NDC) to facilitate negotiations and pursue financing packages that will enable redevelopment of key areas; WHEREAS, the term of said agreement has been extended on two previous occasions for 6- months in each instance; and WHEREAS, it is in the City's interest to extend said agreement for another 6- months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest to the attached agreement with NDC to extend the term by six - months. Passed and approved this 31st day of July , 2012. .�{ MAYOR �� l ATTEST:, -, =�f/ CITftLERK Approved by City Attorney's Office Resolution No. 12 -355 Page 2 It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND NATIONAL DEVELOMPENT COUNCIL REGARDINGCOMMUNITY AND ECONOMIC DEVELOMENT ADVISEMENT This Agreement is made and entered into on this 31 _*_ day of _q4LV 2012, by and between the City of Iowa City, Iowa, an Iowa municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa 52240 (the "Client ") and the National Development Council ( "NDC" or "Contractor "), a New York non -profit corporation, which is a tax- exempt organization under Section 501(c)(3) of the Internal Revenue Code, whose address is 708 Third Avenue, Suite 710, New York, New York 11017. WHEREAS, on July 12, 2010, the parties to this agreement did enter into an agreement for professional services from NDC through July 14, 2011; and WHEREAS, the July 12, 2010 agreement, which allowed for an extension of the contract term by mutual agreement for a period not to exceed 24 months, has been extended twice pursuant to six (6) month extension agreements; and WHEREAS, the parties hereto now wish to extend the July 12, 2010 agreement a third time for an additional six (6) month period. NOW THEREFORE, in exchange of the mutual consideration described below, the City and NDC to here by agree to the following: 1. That the duration of the July 12, 2010 agreement, attached and incorporated herein, as amended by the August 2, 2011 agreement and the January 20, 2012 agreement, is hereby extended by six (6) months. 2. The City shall pay NDC thirty-six thousand dollars ($36,000) for the services performed during this contract extension period, according to the following schedule: monthly installments of six thousand ($6,000) for six months. The NDC Foundation shall pay NDC three thousand dollars ($3,000) in monthly installments of five hundred dollars ($500). 3. All other terms and provisions of the July 12, 2010 agreement, as amended, not inconsistent with this agreement shall remain in full force and effect. Signed this S st day of zk L_ , 201: CITY OF IOWA CITY, IOWA BY: n�" A Matthew J. Hayek, ayor Attest: Marian K. Karr, City Clerk NATIONAL DEVELOPMENT COUNCIL ACKNOWLEDGEMENT STATE OF NEW YORK ) )ss: NEW YORK COUNTY ) Signed and sworn to (or affirmed) before me on this * day of J I _, 2012, by Robert W. Davenport, as President of the National Development Council. LINDA TSOI NOTARY MBUC STATE OF NEW YORK Notary Public in and for the State of New York NO.610VO QUALMM W QUEENS CO UN COA4�EMONMPM32-13-2e �2 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY) Signed and sworn to (or affirmed) before me on this -jL day of J 2012, by Matthew J. Hayek, as Mayor and Marian K. Karr as City Clerk of the City o Iowa City, Iowa. SONDRA FE ORT o Commission Number 159791 • Ay commission i=xpires Notary Public in and for the State of Iowa is 7 -Jo --U-31 -1 r' 2d(7) Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY AND NATIONAL DEVELOMPENT COUNCIL REGARDING COMMUNITY ANQ ECONOMIC DEVELOMENT ADVISEMENT. l WHEREAS, on Nly 12, 2010, the City entered into a one -year agreement wit ational Development Cou I (NDC) to facilitate negotiations and pursue financing p ckages that will enable redevelopments f key areas; WHEREAS, the term of sai agreement has been extended on two pr ious occasions for 6- months in each instance, an WHEREAS, it is in the City's inter st to extend said agreement f another 6- months. NOW, THEREFORE, BE IT RESOL CITY, IOWA, THAT: The Mayor is hereby authorized to sign and NDC to extend the term by six - months. Passed and approved this day Approved b a City Attorney's Office BY THE CITY UNCIL OF THE CITY OF IOWA ke City C rk to attest to the attached agreement with MATUK ATTEST: CITY 2012. — ersrr�r ac Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 RESOLUTION NO. 12 -356 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND -USE DESIGNATION FROM SINGLE - FAMILY /DUPLEX RESIDENTIAL TO MEDIUM - DENSITY MULTI- FAMILY RESIDENTIAL FOR PROPERTY LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS (CA12- 00002). WHEREAS, the Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the City, provides notification to the public regarding intended uses of land; and illustrates the long range growth area limit for the City; and WHEREAS, if circumstances change and /or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and WHEREAS, the Comprehensive Plan supports provision of group living options for senior citizens; and WHEREAS, the 2010 U.S. Census shows a 67% increase in senior residents in Iowa City over the previous 10 years, which means senior residents are by far the fastest growing population cohort in Iowa City; and WHEREAS, the Southwest District Plan encourages development of high - quality multi - family housing that is compatible with surrounding developments to meet the housing needs of a variety of households, including senior citizens; and WHEREAS, the Southwest District Plan discusses concerns regarding previous high - density multi- family developments within the neighborhood of the area of the proposed change to the land -use designation; and WHEREAS, a development of similar dimensions and use exists immediately adjacent to the east of the area of the proposed change; and WHEREAS, with a plan that creates a transition to existing development, the requested change in the land -use map would be consistent with the overall goals of the Comprehensive Plan; and WHEREAS, the City received a request to rezone the subject properties; and WHEREAS, the proposed zoning change would give the City the opportunity to review the design of any development of the subject properties, with the intent of assuring that the resulting development is compatible with the neighborhood and the overall goals of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has reviewed this amendment and determined that circumstances have changed to the extent that an amendment to the comprehensive plan is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The land use designation for property located north of Benton Street between George Street and Streb Street shall be changed from Single Family /Duplex Residential to Medium - Density Multi - Family Residential in the Iowa City Comprehensive Plan and the Southwest District Plan. Passed and approved this 31st day of .7uly 12012. •N LA MUM \ Approved by: �/ ATTEST: Z - CITY tERK tnneW,0?? 7-0 57 -) Z Resolution No. Page 2 12 -356 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 4i Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5240 (SUB12- 00009) RESOLUTION NO. 12 -357 RESOLUTION APPROVING FINAL PLAT OF WINDSOR WEST PART TWO, IOWA CITY, IOWA. WHEREAS, the owner, Arlington L.C., filed with the City Clerk the final plat of Windsor West 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 North Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00 °26'13 "E, along the East Line of the Northwest Quarter of said Section 18, a distance of 707.39 feet, to the Southeast Corner of Highland Woods, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 160 of the Records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence continuing S00 026'13 "E, along said East Line, the West Line of Windsor Ridge Part Eleven, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 54 of the Records of the Johnson County Recorder's Office, and the West Line of Windsor Ridge Part Eleven A, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 209, of the Records of the Johnson County Recorder's Office, a distance of 871.10 feet, to the Northeast Corner of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's Office; Thence S76 022'53 "W, along the North Line of said Windsor West - Part One, a distance of 331.14 feet; Thence N80 002'53 "W, along said North Line, 167.97 feet; Thence N50 033'14 "W, along said North Line, 70.96 feet; Thence N27 056'38 "W, 335.19 feet; Thence S89 042'53 "W, 77.11 feet; Thence N40 059'01 "E, 279.12 feet; Thence N24 049'19 "W, 187.49 feet; Thence Northeasterly, 59.19 feet, along a 550.00 foot radius curve, concave Southeasterly, whose 59.16 foot chord bears N68 015'39 "E; Thence N18 039'22 "W, 187.93 feet, to a Point on the South Line of said Highland Woods; Thence S89 051'33 "E, along said South Line, 670.42 feet, to the Point of Beginning. Said Tract of land contains 13.40 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 Resolution No. 12 -357 Page 2 same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 31st day of July '201 2 ATTEST: CITY CLERK Approved by ity A ney's Offi , e Z It was moved by Payne and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X pod/ templates /SUB12- 00009WindsorWestFinal Plat - Resolution (2).doc.doc ABSENT: Mims the Resolution be Dobyns Champion Dickens Hayek Mims Payne Throgmorton 07 -31 -12 5 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 12 -358 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2013 ASPHALT RESURFACING 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. WHEREAS, funds for this project are available in the Pavement Rehabilitation account # 3824- 434710. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract, and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the office of the City Clerk at the City Hall, before 2:30 pm on the 15th day of August, 2012. At that time, the bids will be opened by the City Engineer or his designee, and thereupon refered to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 21St day of August, 2012, or at a later date and /or time as determined by the Director of Public Works or designee. Passed and approved this 31st day of July , 2012. !1�" Mayor '// Approved by: ATTEST: � , /,/, (�� ? City Clerk City Attorney's Office Resolution No. Page 2 12 -358 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 5 NOTICE TO BIDDERS S. DUBUQUE STREET STORM SEWER AND WATER MAIN IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 26th day of July 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 31St day of July, 2012, or at special meeting called for that purpose. The Project will involve the following: Removal of existing storm sewer, pavement, debris, and abandonment of existing water main. Installation of new storm sewer, new water main, and PCC pavement. Installation of pervious PCC pavement HMA milling and overlay. All work is to be done in strict compliance with the plans and specifications prepared by City of Iowa City Engineering Division of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Early Start Date: August 13, 2012 Completion Date: November 2, 2012 Liquidated Damages: $750 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the City Engineer of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, by bona fide bidders. A $30 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Treasurer of the City of Iowa City. The refund will be issued 2 weeks after bid opening if re- usable plans and specifications are returned to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281- 5796 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5437 RESOLUTION NO. RESOLUTION A ARDING CONTRACT AND AUTHORIZING THE M OR TO SIGN AND TH CITY CLERK TO ATTEST A CONTRA T FOR CONSTRUCTION THE S. DUBUQUE STREET STORM SE ER AND WATER MAIN IMPROVEMENTS PROJECT PROJECT. WHEREAS, of responsible bid of $ for onst WHEREAS, funds for this project are a a NOW, THEREFORE, BE IT RESOLVE CITY, IOWA, THAT: has of the above -named Pr( �Pw emitted the lowest and ilable in the Stormwater Utilit account # 7700. BY THE CITY COUN IL OF THE CITY OF IOWA 1. The contract for the construction adequate performance and payment bon i program statements. 2. The Mayor is hereby authorized to sign construction of the above -named project, adequate performance and payment bond, i program statements. 3. The City Engineer is authorized to execut� in the construction of the above -named o IE Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call AYES: pweng\masters\awrdcon.doc were: above -na d project is hereby awarded to subject the condition that awardee secure nsuranc certificates, and contract compliance MAYOR and seconded by City Clerk to attest the contract for to the condition that awardee secure e certificates, and contract compliance as they may become necessary 20 Approved City Attorney's the Resolution be NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M}. Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5437 RESOLUTION NO. 19-359 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER AND WATER MAIN IMPROVEMENTS PROJECT. WHEREAS, Schrader Excavating & Grading of Walford, Iowa has submitted the lowest responsible bid of $313,297.05 for construction of the above -named project; and WHEREAS, funds for this project are available in the Stormwater Utility account # 7700. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to Schrader Excavating and Grading, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 31st day of July , 20 12 MAYOR Approved by ATTEST: - ?/C CITY CLERK City Attorney's Office It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: X X X X _X X X pwenglmasterslawrdcon.doc NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton to Publish 6/25 NOTICE TO BIDDERS HIGHWAY 1 TRAIL PROJECT — ORCHARD STREET TO SUNSET STREET Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 24th day of July, 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 318t day of July, 2012, or at a special meeting called for that purpose. The Project will involve the following: Construction of a 10 -foot wide 6" thick PCC trail approximately 1.0 miles from Orchard Street to Sunset Street. The project also includes 4 -foot sidewalks along Miller and Hudson Streets and an 8 -foot walk along Orchard Street from Hwy 1 to Benton Street. All work is to be done in strict compliance with the plans and specifications prepared by Shive- Hattery, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Phase 1 shall be completed by October 16, 2012. Phase 2 shall be completed by October 1, 2013. Phase 3 shall begin no earlier than March 1, 2013 and shall be complete by June 1, 2013. Liquidated Damages: $500 per calendar day per phase. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of City of Iowa City, City Engineer's office, by bona fide bidders. A $50 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281 -5796 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 1�� 10 Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO. 12 -360 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET. WHEREAS, Schrader Excavating & Grading Co. of Walford, Iowa has submitted the lowest responsible bid of $937,160.77 for construction of the above -named project; and WHEREAS, funds for this project are available in the Highway 1 Sidewalk/Trail - Riverside Drive to Sunset account # 4222. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to Schrader Excavating & Grading Co., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 31st day of July 2012 MAYOR G v A roved by ATTEST: CITY ERK City Attorney's Office -7 12-S-112- It was moved by Aims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: — X X X X X X X ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Publish 6/25 NOTICE TO BIDDERS U.S. Highway 6 and Sycamore Street Intersection Improvements Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 19th day of July, 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 31St day of July, 2012, or at special meeting called for that purpose. The Project will involve the following: The construction of intersection improvements for U.S. Highway 6 and Sycamore Street. Project includes all materials, labor and equipment necessary for the completion of the project. Approximate project quantities include: 5,350 CY of excavation and embankment, 4,154 SY of 9" PCC and 10" PCC roadway pavement, 916 SY of 6" PCC sidewalk pavement, subdrain, storm sewer, 6 storm sewer structures, 910 LF of 12" water main, traffic signalization, 1435 TONS of 4" HMA Overlay, modular block retaining wall structure (heavy), pavement markings, erosion control, seeding, traffic control and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: August 13th, 2012 Completion Date: April 30u', 2013 Liquidated Damages: $500.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $75.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. The refund will be issued if re- useable plans and specifications are returned to the City of Iowa City within two weeks of the bid opening. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 11 Prepared by: Dave Panos, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5145 RESOLUTION NO. 12 -361 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT. WHEREAS, Peterson Contractors, Inc., of Reinbeck, Iowa has submitted the lowest responsible bid of $ 1,845,737.04 for construction of the above -named project; and WHEREAS, funds for this project are available in the Sycamore St -Hwy 6 to City Limits account # 3811. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to Peterson Contractors, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 31st day of July 120 12 ATTEST: %�., 2 CITY CLERK It was moved by Dobyns and seconded by adopted, and upon roll call there were: Approved by City Attorney's Office Dickens the Resolution be AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton (2, Publish 6/25 NOTICE TO BIDDERS PUBLIC WORKS COMPLEX WARM STORAGE BUILDING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3 P.M. on the 19th day of July, 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids sub- mitted by fax machine or email shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 31st day of July, 2012. The Project will involve the following: Construction of a pre- fabricated steel or wood frame structure with four (4) overhead doors and a poured concrete floor. The project will include floor drains and a sanitary sewer connection, water service and electric heat. All work is to be done in strict compliance with the plans and specifications prepared by Kueny Architects, L.L.C., of Pleasant Prairie, Wisconsin, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal accep- tance by the City Council. The following limitations shall apply to this Project: Working Days: 64 Specified Start Date: August 1, 2012 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Engineering Division of the City of Iowa City, Iowa, by bona fide bidders. A $40 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281 -5796 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontrac- tors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK M t3 72 Prepared by: Melissa Clow, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5413 RESOLUTION NO. 12 -362 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PUBLIC WORKS WARM STORAGE BUILDING PROJECT. WHEREAS, Septagon Construction Company, Inc. of Cedar Rapids, IA has submitted the lowest responsible bid of $208,885.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the Warm Storage Building, Napoleon Park Public Works account # 3970. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to Septagon Construction Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Public Works Director is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 31st day of July , 20 ].2, . MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by Payne and seconded by Dobyns the Resolution be adopted,'and upon roll call there were: AYES: X X_ X X X —X_ NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton r NOTICE TO BIDDERS NAPOLEON PARK SOFTBALL COMPLEX FIELDS 1-4 RENOVATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 27th day of July, 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 31st day of July, 2012, or at a special meeting called for that purpose. The Project will involve the following: Removal of existing turf, installation of drainage tile, and grading of fields 14. All work is to be done in strict compliance with the plans and specifications prepared by VJ Engineering, of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Late Start Date: August 15, 2012 Completion Date: September 14, 2012 Liquidated Damages: $300.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured from Technigraphics, 125 South Dubuque Street, Iowa City, Iowa 52240. Please contact Jill Chambers at 319 - 354 -5950 or jchambers@techiowa.com. A $30 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. Mail said fee to Technigraphics, Attn: Jill Chambers, 125 South Dubuque Street, Iowa City, Iowa 52240. The fee shall be in the form of a check, made payable to VJ Engineering. The refund will be issued 2 weeks after bid opening if reusable plans and specifications are returned. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Pweng/ masters/ noticetobidders- NapoleonParkFields1- 4- 2012.doc Prepared by: Terry Robinson , 410 E. Washington St., Iowa City, IA 52240 (319)356 -5106. I RESOLUTION NO. f RESOLUTION AWARDING CONTRACT AND AYJTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AITEST A CONTRACT FOR CONSTRUCTION OF THE NAPOLEON PAR FIELD 1,2,3 & 4 RENOVATION PROJECT. WHEREAS, responsible bid of $, of for construction of E0777f_77� 13 has submitted the lowest above -named project; and WHEREAS, fun s for this project are available i the Capital Improvements account # 4163. NOW, THEREFO E, BE IT RESOLVED B THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAI. 1. The contract flAr the co 2. 3 adequate performa ce and program statements. The Mayor is hereby a I construction of the above - adequate performance and program statements. of the above -named project is hereby awarded to , subject to the condition that awardee secure bond, insurance certificates, and contract compliance I to sign and the City Clerk to attest the contract for 9 project, subject to the condition that awardee secure ent bond, insurance certificates, and contract compliance The is authori necessary in the constr tion of the Passed and approved this day of ATTEST: CITY CLE It was moved by adopted, and up( A pwenglmasters\awrdcon.doc 7/12 II call there were: to execute change orders as they may become ✓e -named project. MAYOR 20 by City Attofney's Office and seconded by �_ the Resolution be NAYS: ABSENT: Champio Dickens Dobyns Hayek Mims Payne Throgmorton Mlq J Prepared by: Terry Robinson , 410 E. Washington St., Iowa City, IA 52240 (319)356 -5106. RESOLUTION NO. 12 -363 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NAPOLEON PARK FIELD 1,2,3 & 4 RENOVATION PROJECT. WHEREAS, Iowa Athletic Field Construction of Webster City Iowa has submitted the lowest responsible bid of $98,777 for construction of the above -named project; and WHEREAS, funds for this project are available in the Capital Improvements account # 4163. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to _Iowa Athletic Field Construction, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Park & Recreation Director is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 31st day of July , 20 12 ATTEST: / /!mac --,ri I-e .mac. CITY ERK It was moved by Champion and seconded by adopted, and upon roll call there were: Dickens the Resolution be AYES: NAYS: ABSENT: X Champion X Dickens _X Dobyns X Hayek X Mims X Payne X Throgmorton pweng \masters\awrdcon.doc 7/12 0 IN `�q J � 14 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 - 319 - 356 -5041 RESOLUTION NO. 12 -364 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean -up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on September 10, 2012. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until September 10, 2012 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 12 -364 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 31st day of July AA" Mayor Approved by ATTEST: �'� /C� ��' i�� < -4-d3—(A City 84erk City Attorney /s Office It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there was: AYES: x x x x x _ x x_ sue \Ord &Res\AbateRes.doc NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton July 24, 2012 Name Address City, State, ZIP Dear Property Owner: �_.. ®� IP msffi CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 3S6 -5000 (319) 3S6 -5009 FAX www.icgov.org This is to notify you that the City Council will be considering a resolution on July 31, 2012 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean -up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356 -5043. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division- w /enc. MA v d