HomeMy WebLinkAbout2019-07-16 ResolutionItem Number: 6.b.
�, CITY OF IOWA CITY
�'�COUNCIL ACTION REPORT
July 16, 2019
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
Anderson -Bogert Engineers & Surveyors, Inc. to provide engineering
consultant services for the Melrose Avenue / IWV Road — Highway 218 to
Hebl Avenue Improvements Project.
Prepared By: Brett Zimmerman, Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $788,029 for engineering services will be funded through account #'s S3936
and W3220
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Agreement
Executive Summary:
This agenda item approves the consultant agreement with Anderson -Bogert Engineers &
Surveyors, Inc. of Cedar Rapids, Iowa, for services related to the Melrose Avenue / IWV Road —
Highway 218 to Hebl Avenue Improvements Project. This project generally includes the following:
1. Widening the road from a 22 -foot wide pavement section with no shoulders to a 34 -
foot wide pavement section which will include (2) 12' travel lanes, 5' wide paved
shoulders, and 3' wide granular shoulders. This roadway cross-section will allow for
one lane of travel in each direction (12 -foot travel lanes), and the use of the paved
shoulder as a bicycle lane (5 -foot width) in each direction. Including additional width of
pavement will reduce long term roadway edge maintenance and provide access and
extension of bicycle facilities to areas west of Iowa City, including adjoining
communities along this county road.
2. Culvert structures will also be replaced as a result of widening the roadway surface.
Grading required with roadway widening will include improvements to safety with
traversable slopes and guardrail improvements.
3. Extension of the City's water main along Melrose Avenue/IWV Road from Slothower
Road to Hebl Avenue, and along Hebl Avenue to the Landfill. Water main
improvements will include approximately 8,500 feet of water main.
The consultant agreement includes full design and construction phase services. The City will be
responsible for 50% of the total consultant fee, which amounts to $394,014.50. The remaining
balance will be covered by Johnson County in accordance with the 28E agreement approved for
this project.
Background /Analysis:
Melrose Avenue / F46 (I WV Road) from Highway 218 to Hebl Avenue is a roadway with common
interest and responsibility, and is an important link for the residents of the County and the City.
This roadway is in need of improvements to serve current and anticipated future transportation
needs. The County and the City have entered into an agreement to share engineering design,
construction management and construction costs associated with these improvements.
The project scope will include, but not necessarily be limited to, grading, excavation, drainage
structures, utility relocations, water main extension, paving, erosion control and other general
elements associated with rural roadway improvements.
Project Timeline:
Design — 2019
Utilities — 2020
Construction - 2021
ATTACHMENTS:
Description
Location Map
Resolution
Agreement
Division 1
Exhibit A
Improvments to Melrose Avenue/F46 (IWV Road) From
Highway 218 to Hebl Ave
Document Path: 0:\Office\Secondary_Roads\Adam F\IWV Jurisdictions 2019 m
F46 (IWV RD SW)
RA=I
J.b
Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044
Resolution No. 19-176
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 Anderson -Bogert Engineers &
Surveyors, Inc. to provide engineering consultant services for the
Melrose Avenue / IWV Road — Highway 218 to Hebl Avenue
Improvements Project
Whereas, Melrose Avenue / F46 (IWV Road) from Highway 218 to Hebl Avenue is an important
link for the residents of the County and the City, is a roadway with common interest and
responsibility, and is in need of improvements to serve current and anticipated future
transportation needs; and
Whereas, the City and County have agreed to the terms for which costs for design and
construction of the Melrose Avenue / IWV Road - Highway 218 to Hebl Avenue Improvements
Project shall be shared; and
Whereas, the City of Iowa City desires the services of a consulting firm to prepare plans and
specifications, to prepare and administer the necessary property acquisitions, and to provide
construction administration services for the Melrose Avenue / IWV Road - Highway 218 to Hebl
Avenue Improvements Project; and
Whereas; the City has issued a Request for Proposals for consultant services for the Melrose
Avenue / IWV Road - Highway 218 to Hebl Avenue Improvements Project; and
Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with
Anderson -Bogert Engineers & Surveyors, Inc. to provide final plans and specifications, and to
prepare plats and administer property acquisitions; and
Whereas, the City of Iowa City wishes to retain Anderson -Bogert Engineers & Surveyors, Inc. for
construction phase services, which shall be negotiated upon completion of the final design for the
Melrose Avenue / IWV Road - Highway 218 to Heb] Avenue Improvements Project; and
Whereas, it is in the public interest to enter into said Consultant Agreement with Anderson -Bogert
Engineers & Surveyors, Inc.; and
Whereas, funds for this project are available in the Melrose Avenue Improvements account #
S3936 and the Melrose - Landfill Watermain Extension account # W3220.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Consultant Agreement attached hereto is in the public interest, and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Resolution No. 19-176
Page 2
Passed and approved this 16th day of July 2019
Attest:
iq Clerk
It was moved by Aims
adopted, and upon roll call there were:
Ayes:
M or
Approved by
City Attorney's Office '711e
and seconded by Teague the Resolution be
Nays:
Absent:
Cole
Mims
x Salih
Taylor
Teague
Thomas
Throgmorton
CONSULTANT AGREEMENT
MELROSE AVENUE IMPROVEMENTS PROJECT
THIS AGREEMENT, made and entered into this day of , 2019, by and
between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the CITY
and Anderson -Bogert Engineers & Surveyors, Inc., of Cedar Rapids, IA, hereinafter referred to
as the CONSULTANT.
WHEREAS, the CITY has executed a 28E agreement regarding the reconstruction of Melrose
Avenue, also called IWV Road outside the city limits, from Highway 218 to Hebl Avenue; and
WHEREAS, pursuant to the 28E agreement, it is the CITY's responsibility to execute any and
all necessary contracts for the design and construction of all divisions of the project, including
this Consultant Agreement; and
WHEREAS, project improvements generally include widening the road from a 22 -foot wide
pavement section with no shoulders to a 34 -foot wide pavement section which will include (2)
12' travel lanes, 5' wide paved shoulders, and 3' wide granular shoulders. This roadway cross-
section will allow for one lane of travel in each direction (12 -foot travel lanes), and the use of the
paved shoulder as a bicycle lane (5 -foot width) in each direction. Including additional width of
pavement will improve both vehicle safety, reduce long term roadway edge maintenance and
provide access and extension of bicycle facilities to areas west of Iowa City including adjoining
communities along this county road; and
WHEREAS, culvert structures will also be replaced as a result of widening the roadway surface.
Grading required with roadway widening will include improvements to safety with traversable
slopes and guardrail improvements; and
WHEREAS, the project will also extend the CITY's water main along Melrose Avenue/IWV
Road from Slothower Road to Hebl Avenue and along Hebl Avenue to the Landfill. Water main
improvements will include approximately 8,500 feet of water main; and
WHEREAS, the CITY applied for and was awarded a Surface Transportation Block Grant
(STBG) by the Iowa Department of Transportation (DOT) to improve this corridor; and
WHEREAS, the CITY issued a Request for Proposals for engineering and construction phase
services for the design and construction of these improvements; and
WHEREAS, the CITY's consultant selection committee selected Anderson Bogert for these
services based on qualifications and experience; and
NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now
contract with the CONSULTANT to provide services as set forth herein.
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SCOPE OF SERVICES
CONSULTANT agrees to perform the following services for the CITY, and to do so in a
timely and satisfactory manner.
PRELIMINARY DESIGN
a. Kickoff Meeting — The CONSULTANT will schedule a project kickoff meeting
with the CITY and the Iowa DOT to discuss the project, requirements, schedule
and review frameworks by each entity. The meeting will be held at City Hall.
b. Utility Research and Coordination — The CONSULTANT will perform office
research to gather information pertaining to existing utilities in the project area.
In addition, inquiry will be made with the CITY and other utility companies
regarding the future needs and plans in the project area.
The CONSULTANT will also research underground utility locations with the
various property owners and utility companies and plot their locations on the
base map. Utilities to be researched include field tiles, storm sewer, electric,
gas, water, telephone, cable television and fiber optic lines.
The CONSULTANT shall closely coordinate with utility companies that are
located within the project limits. The procedures outlined in Iowa DOT I.M. 3.640
will be closely followed. This includes notifying utility companies of the upcoming
project, sending preliminary plans and final plans, organizing up to two (2) utility
coordination meetings with all the utility companies in attendance, reviewing
utility relocation plans and permits, staking of right-of-way and/or utility
easements, and coordination during the relocation process.
Based on previous phases of IWV Road reconstruction that were completed by
Johnson County Secondary Roads Department there is a private, unspecified
width, gas line easement on the north side of IWV Road/Melrose Avenue that
contains an abandoned gas main pipe which contains Verizon Wireless fiber
lines. Extra effort and coordination with Verizon Wireless will need to be made in
determining the horizontal and vertical location of the utility. This will likely
involve recording depths of the pipe while locating the horizontal location in
conjunction with utility locate staff. Depths will be verified with locate equipment
and/or hand probing. If it is later determined that utility potholing is necessary,
this will be considered extra work. If it is determined that relocations are
necessary, the CITY will work with Verizon Wireless in creating an agreement to
relocate their facilities outside of the proposed grading limits. The
CONSULTANT will assist with coordinating these efforts as needed.
c. Public Outreach - The CONSULTANT will conduct one-on-one public outreach
meetings with property owners that live on Melrose Avenue/IWV Road or have
property adjacent to Melrose Avenue/IWV Road to gather input on desired public
corridor improvements and discuss the construction phasing and access to their
properties. There appear to be 10 different property owners/governmental
facilities along the project limits.
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The CONSULTANT plans to meet at least once with each property
owner/governmental facility management staff. It is anticipated that half of the
property owners will need a second meeting for a total of 15 meetings.
CONSULTANT shall draft press releases for publication by the CITY as deemed
appropriate. CONSULTANT anticipates drafting one press release at the
beginning of the project prior to beginning field work such as the geotechnical
work, which will require closing a lane of traffic. CONSULTANT also anticipates
drafting a press release after Final Plans have been submitted notifying the
public when construction will approximately start. By this time, the bid letting
date and construction start date will be identified.
There are several properties that are accessed from Hurt Road and Slothower
Road. CONSULTANT shall draft and mail up to 2 separate letters to each
property owner on these roads. These letters will be similar to the press
releases, but tailored in a more personal format and focused on access to their
properties during construction.
Several of the parcels are either crop fields or pasture ground. The
CONSULTANT will ask the property owner to obtain the tenants' contact
information.
d. Review Design Standards — The CONSULTANT will review all design
standards applicable to the development of the project. Coordination with the
appropriate utilities is required in order to accommodate all facilities impacted by
the project.
e. Design Surveys — The CONSULTANT will perform field surveys to establish
vertical and horizontal control points tied to the CITY's datum. Johnson County
Secondary Roads Department will provide supplemental existing surface data
obtained in 2013. At that time, a helicopter scanned the ground surface and
recorded data from about 1000 feet east of Slothower Road past Hebl Avenue.
This supplemental surface information will be used where possible. Surface
elevations will be checked with field survey elevations. The quality of the final
survey shall be sufficient for the design and construction of the project.
The CONSULTANT will research property records to establish the locations of
existing property lines, right-of-way lines and property ownership for the
properties affected by the project and incorporate this data into the base map.
f. Base Map Preparation — The CONSULTANT will prepare base maps showing
the information collected in the Utility Research and Design Survey tasks of the
Preliminary Design. Existing ground contours and topographic information will
be shown as required by the limits and detail of the preliminary design of the
proposed facilities. The scale of the information will be suitable for the CITY's
required detail. The plan sheets will be 11 "x17" plans.
g. Preparation of Concept Statement — In accordance with the Iowa DOT
Federal -Aid Project Development Guide, the CONSULTANT shall complete the
Concept Statement using the Iowa DOT template. The Concept Statement shall
be based on the preferred concept and shall include the cost estimate and
associated information required in the form. This will be submitted to the CITY
for review and subsequent submittal to the Iowa DOT.
h. NEPA Clearance — (To be completed by sub consultant, Braun Intertec
Corporation, or equally qualified sub consultant). The following scope of
services is based on the assumption that this project will receive a Categorical
Exclusion (CE) according to the National Environmental Policy Act (NEPA). This
means the project will not have a significant effect on the environment. If it is
later determined that this project will have a significant impact to the environment
or the impact is not clearly established, an Environmental Impact Statement
(EIS) or Environmental Assessment (EA) will need to be completed. Work
needed to completed an EIS or an EA is not part of this scope of services and
will be considered extra work. The schedule and fee will be adjusted
accordingly.
Wetland Delineation — A wetland delineation will be conducted using
methods of the Corps of Engineers 1987 Wetland Delineation Manual
and the Midwest Region Regional Wetland Delineation Manual. These
methods are recognized as the appropriate means to determine the
location and extent of wetlands for purposes of the Federal Clean Water
Act. Wetland boundaries will be recorded using a Global Positioning
System (GPS) unit with sub -meter accuracy, and boundaries will be
marked in the field with labeled pin flags and flagging.
The results of the wetland delineation will be shown in a wetland
delineation report. This report is designed to satisfy the requirements of
state and federal agencies for wetland determinations. The report will
consist of a narrative, wetland delineation data sheets, background
information (topography, soils, and aerial photographs), site photographs,
and a map of delineated wetlands. A draft of the wetland report will be
submitted electronically to the CITY for review. Upon approval, the report
will be finalized and then submitted electronically to regulatory agencies
along with an application requesting a jurisdictional determination.
This task includes telephone and email correspondence with local, state
and federal agencies to facilitate their review of the wetland delineation,
as appropriate. Before making a determination, they have the right to
request an onsite meeting to review the findings of the wetland
delineation. For purposes of this scope of work, it is assumed that an
onsite meeting will not be required. If a regulatory agency requests an
onsite meeting to review the wetland delineation, this will be considered
additional work.
ii. Wetland Permitting - It is anticipated that stream and wetland crossings
will require a permit, therefore the CONSULTANT will prepare a Corps of
Engineers permit application for a Section 10/404 permit. It is assumed
that a Nationwide Permit (NWP) will be required. Additional scope may
be necessary if a Corps Letter of Permission or Individual Permit is
needed. However, it is expected that an NWP will be the appropriate
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Corps permit. Design drawings and wetland impact figures will be
required and prepared for a permit application. If wetland mitigation is
required, the CONSULTANT will identify mitigation options and locate an
appropriate mitigation bank. However, this scope does not include the
cost of mitigation credits or onsite mitigation.
iii. Wildlife, Wildlife Habitat, and Endangered Species — The
CONSULTANT will complete a desktop review of state and federally
listed threatened and endangered species and query state and federal
databases for potential listed species in the area. A field survey of habitat
and land cover will be conducted at the same time as the field work for
the wetland delineation. Possible impacts to protected species and
mitigation measures will be assessed. A memo describing findings and
recommendations for additional action (if needed) will be prepared. It is
expected that the project will not impact state or federally listed species,
and an incidental take permit will not be required.
iv. Cultural Resources — (To be completed by sub consultant, Tallgrass
Historians, L.C. , or equally qualified sub consultant) A Phase I Intensive
Archaeological Investigation will be completed by the CONSULTANT.
The proposed investigation will involve intensive pedestrian surface
survey of all cultivated field portions of the proposed road improvement
corridor and systematic subsurface testing (shovel testing) of all
grass/brush covered areas of the corridor that have archaeological
potential. This will include an evaluation of any potential direct and
indirect impacts to the Johnson County Poor Farm and Asylum Historic
District, which is listed in the National Register of Historic Places. The
subsurface tests will be placed at intervals of no greater than 15 meters
along the pinpointed areas of the corridor, reducing to no greater than 10
meters to test any archaeological sites encountered along the corridor.
Any archaeological sites discovered will be evaluated for potential
eligibility in the National Register of Historic Places. The results of the
Phase I investigation will be summarized in a report that adheres to the
guidelines for Phase I investigations as revised and approved in
November 2018 by the Association of Iowa Archaeologists.
Water System — Water main will be extended from the existing terminus at
Slothower Road, along Melrose Avenue/IWV Road, to the south on Hebl
Avenue, and ending at the Iowa City Landfill. The CONSULTANT will provide
information to the CITY as needed for the CITY to prepare any necessary DNR
permits for new water main. The construction documents will include plan,
profile, standard details, any special details as required by local project
conditions, quantity estimates, specifications, bid items, bid item descriptions,
and other miscellaneous details to provide documents suitable for bidding and
constructing the water main improvements. CONSULTANT also anticipates
meeting with CITY Water Department staff up to two times to discuss the design
and project conditions.
Drainage System — The project currently has several roadway culverts (circular
and box) that will be removed and replaced. A full drainage analysis will be
completed using a combination of existing Lidar surface contours and proposed
surface information. The culverts will be designed according to the Iowa DOT
Design Manual.
k. Geotechnical Investigation and Report - (To be completed by sub consultant,
Braun Intertec Corporation, or equally qualified sub consultant).
Site Access, Staking, and Utility Clearance - Based on a cursory
review of aerial photos, it appears that the site is generally accessible to
a drill rig. Coordination with private landowners will be necessary if
access onto private property is necessary. Care will be taken to minimize
disturbance of private property, but the field exploration may result in
some property damage (e.g. track ruts and damage to crops) to obtain
access to drilling locations. Reasonable measures will be taken to
reduce damage and repair ruts as best as possible. Restoration to its
original condition may not be possible and is not part of this scope of
services. The CONSULTANT will work with the property owners to
restore the property to a reasonable condition. Boring locations may
need to be revised or eliminated if the access through private property
will likely result in significant or irreparable damage.
The boring locations will be staked using a hand-held GPS unit.
Coordinates and elevations for boring locations will be obtained based on
available topographic information. Depending on access requirements,
ground conditions or potential utility conflicts, the exploration locations
may be altered from those that are staked to facilitate accessibility. The
Iowa One Call System policy requires borings be staked prior to the utility
locate. Prior to drilling or excavating, Iowa One Call will be contacted for
notifying the appropriate utility vendors to mark and clear the exploration
locations of public underground utilities. Locating private utilities that are
not covered under the Iowa One Call system is not a part of this scope of
services. If there are private utilities in the area, a private utility locator
should mark the utilities prior to beginning work.
A lane closure will be necessary to complete the fieldwork. Traffic control
will consist of traffic cones, "Road Work Ahead" signs, and flaggers.
Iowa DOT Standard Road Plan TC -212, Spot Location Closure with
Flaggers, or other applicable traffic control Standard Road Plans, will be
followed for traffic control. Field work and traffic control will be
coordinated with the CITY. Press releases will be issued by the CITY
anytime traffic is impacted.
ii. Standard Penetration Test Borings — A total of thirty two (32) standard
penetration test borings will be completed. Twenty (20) of these borings
will be drilled at 400 foot intervals along Melrose Avenue to depths of
approximately 15 feet below existing grade. Twelve (12) borings will be
drilled near proposed culvert replacements/extensions to depths of
approximately 15 feet below existing grade. Standard penetration tests
(SPT) or thin-walled tube sampling will be performed at 2'/2 -foot vertical
intervals to a depth of about 10 feet, and at 5 -foot intervals at greater
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depths. If groundwater is encountered in the boreholes, the depth where
it is observed will be recorded on the boring logs. If subsurface conditions
that merit revisions of the boring and/or sampling programs described
above, the scopes of services, schedule, and fee may need to be revised.
The CONSULTANT shall obtain approval from the CITY prior to
beginning any work outside of this scope of services.
iii. Borehole Abandonment — Following the completion of drilling and water
level measurements, the borings will be backfilled with soil cuttings from
the drilling process. Borings drilled through existing pavements will be
patched with asphaltic concrete ("cold patch").
iv. Sample Review and Laboratory Testing — Soil samples will be visually
classified and logged by the geotechnical engineering staff. To help
classify the materials encountered and estimate their engineering
properties, a laboratory testing program will be developed depending on
the soils encountered. It is anticipated that the lab testing program could
include moisture content, density determinations, and unconfined
compressive strength tests. All laboratory testing will be performed in
accordance with ASTM or AASHTO standards.
v. Reporting — The results of the field and laboratory programs will be
evaluated to determine soils impacts to slope stability and settlement of
the proposed roadway improvements. Based on the results of our
evaluation, an engineering report will be prepared that details the results
of the exploration performed and addresses the geotechnical issues
affecting this project. The Scope of Services includes the following:
1. Summary of the subsurface conditions encountered
2. Stability analysis for deep fills and critical cut areas (estimated
3 analysis locations potentially affecting right-of-way)
3. Settlement analysis for deep fill areas to determine paving delays
4. Subgrade preparation and pavement thickness recommendations.
5. General discussion of the geotechnical aspects pertaining to the
design and construction of the roadway improvements and culvert
replacements.
Preliminary Plan Preparation (30% Plans) — Once the Categorical Exclusion
environmental clearance has been received, the CONSULTANT will utilize the
base maps prepared in the Base Map Preparation task to prepare preliminary
plans in compliance with the plan requirements of the Iowa DOT. The plans will
be in substantial compliance with the project concept. The plan sheets will be
prepared in accordance with requirements to provide plans suitable for the Iowa
DOT bid letting process. Sheets will be plotted at 11"x`17" and must maintain
legibility and utilize typical civil drawing scales. Also included in this task will be
the following:
i. Preliminary plan and profiles for the proposed improvements.
ii. Preliminary typical cross sections for the proposed improvements.
iii. Plan view alignments for water and drainage improvements.
iv. Provisions which may be necessary to accommodate future construction
of the corridor such as the relocation of existing utilities or modification of
existing connections.
v. Identify constraints or conflicts that affect the anticipated cost of the
proposed facilities as set forth in the concept plan.
vi. Plan enlargements as required, showing the removals and proposed
construction, including modifications to approach pavements and
adjoining roadway pavements.
vii. Preliminary storm water pollution prevention plan.
viii. Preliminary striping and signage plan.
ix. Update the construction cost opinion and evaluate compared to project
budget.
m. Submittal to CITY — The CONSULTANT will prepare plans and a construction
cost opinion for submittal to the CITY for review. The submittal will be complete
such that the plans may be reviewed as "Preliminary Plans" by the CITY for
ultimate submittal to the Iowa DOT. When submitting preliminary plans to the
CITY, the plans' sheet size will be 11 "x17". This submittal will be made on or
before the date established in the project schedule.
n. 60% Plan Preparation for Right -of -Way Acquisitions — While Iowa DOT is
reviewing the Preliminary Plans, the CONSULTANT will continue with design
efforts to develop 60% plans. 60% plans are not required to be submitted by
Iowa DOT. However, it is important to complete the design further along than
the 30% Preliminary Plans in order to determine right-of-way needs. The right-
of-way plats and easement exhibits will be based on these plans. These plans
will include:
i. Intersection details.
ii. Plan and profiles of water mains and drainage improvements.
iii. Preliminary traffic control and construction phasing plan. The plan will
include provisions for temporary access to adjacent properties during
construction as necessary.
iv. Special details.
v. Detailed cross sections.
vi. Right-of-way acquisition plans.
FINAL DESIGN
a. Check Plan Preparation (90% Plans) — The CONSULTANT will prepare check
plans, which will include the comments from the Iowa DOT and the CITY review
of the preliminary and 60% plans. The plan sheets will generally include the
following as applicable for this project:
i. Typical Sections
ii. Quantity Estimate and References
iii. General Notes
iv. Plan and Profile Sheets
v. Right-of-way Acquisition Plans
vi. Control Points and Alignment Information
vii. Storm Sewer Plans
viii. Water Main Plans
ix. Guardrail Sheets (if needed)
x. Traffic Control and Construction Phasing Plan
xi. Storm Water Pollution Prevention Plan
xii. Jointing Detail Plan
xiii. Intersection Detail Plans
xiv. Erosion Control Plan
xv. Permanent Striping and Signage Plan
xvi. Construction Details
xvii. Detailed Cross Sections
xviii. Special Provisions for Iowa DOT bid letting format
b. Construction Cost Opinion — The CONSULTANT will prepare a construction
cost opinion and budget review based on the check plans as submitted.
c. Submittal to CITY — The CONSULTANT will prepare plans, special provisions
and a construction cost opinion for submittal to the CITY for review. The
submittal will be complete such that the plans may be reviewed as "Check Plans"
by the CITY for ultimate submittal to the Iowa DOT. This submittal will be made
on or before the date established in the project plan.
d. Quality Review by Design Team — The CONSULTANT will perform a field
review regarding the quality of the design completed. Issues such as property
owner concerns, coordination with utility companies and other agencies, and the
maintenance aspects of the facilities will be considered while making the review.
The input from a contractor will be included when appropriate. The accuracy
and completeness of documents will also be scrutinized in order to minimize the
need for modifications to the design. Any necessary modifications will be
included in the documents following the quality review by the designer.
e. Final Plan Preparation (100% Plans) — The CONSULTANT will incorporate the
comments of the CITY and the Iowa DOT staff review of the plans in order to
prepare "Final Plans". These will be completed and submitted on or before the
date established in the project plan.
f. Right-of-way and Easements — CONSULTANT shall prepare legal descriptions
and plats necessary for the CITY to acquire any temporary construction
easements, utility easements, or right-of-way required for construction of the
project. (right-of-way and easement acquisitions to be completed by sub
consultant, JCG Land Services, Inc., or equally qualified sub consultant) The
right-of-way and easement acquisitions include the following scope of services:
Obtain record of property ownership and lien certificates for all the
parcels that are expected to be acquired or encumbered by an easement
to identify current ownership.
The Notice of Public Hearing and Statement of Property Owner's Rights
will be mailed to all property owners and contract purchasers. If
requested, the CONSULTANT and its sub consultants will participate in
the public hearing to explain the acquisition process.
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iii. Prepare offers of compensation based current fair market value of similar
property in the vicinity of the project. If the proposed acquisition for any
parcel is complicated and/or estimated to exceed $25,000, the
CONSULTANT will recommend the services of an experienced Eminent
Domain Appraiser to prepare the appraisal products for the CITY. This
will be considered extra work.
iv. Acquisition Process - Forms of transfer documents and purchase
agreements will be submitted to the CITY for approval and acceptance.
Where applicable, preparation of Warranty Deeds and the closing
process for the conveyance of fee ownership interests will be the
responsibility of the CITY's attorney, or other attorney to comply with
state law. The CONSULTANT shall make a good faith effort to negotiate
the purchase of the land, or interests in the land, needed for the project.
Contacts will be made with the property owners, tenants and/or their legal
representative to explain the effect of the acquisition, answer questions,
and make written offer to acquire the property. In the event, the property
goes to condemnation, the CITY attorney shall begin the condemnation
preparation.
v. Closing Process - The CONSULTANT shall organize and verify data for
each parcel file's closing and payment process and return the parcel file
data to the CITY for payment processing and the closing process.
vi. Relocation Assistance - It is assumed that no relocation assistance is
necessary and therefore is not included in the scope of services. If
deemed necessary, this will be considered extra work.
vii. Condemnation Support - In the event condemnation should become
necessary, parcel files will be provided to the CITY. Attending the
condemnation meetings is not included in the scope of services and is
therefore considered extra work.
DESIGN SERVICES PROJECT MANAGEMENT
a. Tracking and Project Schedule — The CONSULTANT will provide monthly
updates of the project plan. The status of the plan will be presented at the
monthly project review meetings. If the project is not on schedule, the
CONSULTANT will present its approach for bringing the project back on
schedule.
b. Project Review Meetings — CONSULTANT shall meet with the CITY's project
manager to review progress and to discuss specific elements of the project
design. The meetings will also serve to establish schedules, develop project
goals, establish initial design parameters, promote a dialog between the various
stakeholders, improve the decision-making process, and expedite development.
CONSULTANT shall prepare minutes of said meetings and maintain
documentation of other communications. For budgeting purposes, it is assumed
that the meetings will be attended by two (2) members of the CONSULTANT.
The following meetings are included within the scope of services:
• Preliminary Plans — one (1) meeting with CITY Project Manager to review
Preliminary Plans and comments by CITY
-11-
• 60% Plans — one (1) meeting with CITY Project Manager to review 60%
Plans and comments by CITY
• Check Plans — one (1) meeting with CITY Project Manager to review Check
Plans and comments by CITY
• One (1) additional meeting has been included for miscellaneous purposes
BIDDING AND CONTRACT AWARD
The Iowa DOT will administer the construction bidding. The CITY and Iowa DOT will
coordinate in awarding the project contract. The CONSULTANT will be available to
address questions and prepare addenda during the bidding process. The
CONSULTANT shall review the bids and make a recommendation to the CITY as to
award of the contract.
CONSTRUCTION SERVICES
Construction Observation
a. On-site Observation — The CONSULTANT shall provide onsite observation
personnel to observe construction methods, coordinate field-testing of materials
incorporated into the project, prepare written reports that document compliance
or noncompliance of the construction in accordance with the Contract
Documents and the Iowa DOT Instructional Memorandum and Construction
Manual, and otherwise make reasonable efforts to guard the CITY against
defects and deficiencies in the work of the contractor(s) and determine if the
provisions of the Contract Documents are being fulfilled.
b. Progress Meeting — Schedule and coordinate biweekly progress meetings to be
attended by the CITY's designated project manager and Contractor personnel to
review and document the progress of the work, issues to be resolved, schedule
status, upcoming work, and coordination with adjacent property owners.
c. Pay Estimates — Work with the Contractor to determine the quantities and
classification of work completed and the amount owed to the Contractor based
on observations and review of Contractor's pay request. Cosign completed pay
estimate with CITY's designated Project Manager.
d. Interpretation/Extra Work Orders — Provide the Contractor with interpretations
and clarifications of the Contract Documents and draft extra work orders as
appropriate. Consult with design engineer where necessary. Cosign extra work
orders with CITY's designated Project Manager.
e. Coordination — Work with Construction Contractor to keep adjacent property
owners, affected utility companies, and the CITY's designated Project Manager
apprised of the status and schedule for completion of the work.
Project Construction Report — Maintain documentation of quantities of work
completed, materials installed, locations installed by date and station range, and
-12 -
progress of project in accordance with Iowa DOT standard policies and
procedures. Prepare daily diary of construction activities and weekly report of
working days.
g. Final Review and Project Close -Out — Conduct a walk through field review in
the company of the CITY's designated Project Manager and designated Iowa
DOT representatives to determine if the work is substantially complete and a
final inspection to determine if the completed work is acceptable. Recommend
final payment to the Contractor. Assemble final project documentation and
certifications, and attend the project audit.
h. Record Construction Drawings — The CONSULTANT will prepare a set of
reproducible drawings showing noted significant changes made during
construction based on observations, construction notes, inspection reports, or
other data provided to the CONSULTANT by CITY. The drawings will be
supplied in a pdf format as well as AutoCAD files compatible with AutoCAD
version 2015 or higher.
Construction Administration
a. Construction Meetings — Conduct a preconstruction meeting attended by
Contractor, and utility companies following award of construction contract. Also
attend biweekly construction progress meetings. The progress meetings shall
be attended by the CITY's designated project manager and Contractor personnel
to review and document the programs of the work, issues to be resolved,
schedule status, upcoming work, and coordination with adjacent property
owners. In addition to the progress meetings, a "Pre Pour" meeting will be held
prior to paving the concrete roadway. This is to ensure the contractor has
submitted all appropriate mix designs, materials certifications, maturity curves,
materials testing is scheduled, and a discussion on access to properties and
notices given to property owners, schedule, and the contractor's overall plan to
pave the trail.
Meetings with individual property owners is also expected. CONSULTANT shall
meet with property owners along the project during the course of construction to
develop solutions for issues that may arise out of the construction process (e.g.
erosion problems, temporary drainage issues, unexpected damage to property,
access issues, etc.) It is anticipated up to 4 meetings with individual property
owners will be required.
b. Public Involvement — In addition to the preconstruction meeting, a public
information/project kickoff meeting will be held with the Contractor, CITY Staff,
Iowa DOT Staff, and project stakeholders (property owners, tenants, businesses,
etc.) in attendance. The intent of the meeting is to provide a smooth handoff
between the design team and the contractor and provide an opportunity for the
contractor and stakeholders to meet, exchange contact information, review the
contractor's project schedule, and review property owner concerns. The
CONSULTANT shall organize and host the meeting.
-13 -
The project is expected to take several months to complete. Property owners
and the general public will need to be periodically updated with the construction
progress and schedule. An initial mailing will be sent out to all stakeholders
inviting them to attend the public information/project kickoff meeting. After the
initial mailing, monthly construction updates will be sent to the mailing list
compiled from the public info/project kickoff meeting. Periodic press releases
will also be published on the CITY website. Up to 4 press releases will be
published during key phases of construction.
c. Shop Drawings and Materials Certifications — Review shop drawings,
materials certifications, samples, and other data, which the Contractor is
required to submit, but only for conformance with design concept of the Project
and conformance with the information given in the Contract Documents.
Evaluate substitute materials and equipment proposed by the Contractor.
d. Periodic Site Visits — Make periodic visits to the site at intervals appropriate to
the various stages of construction as the CONSULTANT deems necessary to
assist in assessing the progress and quality of the various aspects of the
Contractor's work, to assist in determining, in general, if such work is proceeding
in accordance with the Contract Documents, and to assist with interpretations
and clarifications of the Contract Documents.
e. Pay Estimates — Assist onsite observation personnel in determining the
quantities and classification of work completed and the amount owed to the
Contractor and submit pay vouchers to the CITY's Project Manager in such
amounts. Such recommendations of payment will constitute a representation to
the CITY, based on such observations and review that the work has progressed
to the point indicated, and that, to the best of the CONSULTANT's knowledge,
information, and belief, quality of such work is generally in accordance with the
Contract Documents.
Davis -Bacon payroll review — Review contractor submitted weekly payrolls for
conformance with the Davis -Bacon wages bid with the project. Includes
reviewing each payroll, employee classification, wage rate, fringe benefits, and
notifying the prime contractor of any conflicts between the bid wage rates and
the rates included in the submitted payrolls.
g. Interpretation/Extra Work Orders — Assist onsite observation personnel with
interpretation and clarifications of the Contract Documents, and in connection
therewith, prepare and submit extra work orders to the CITY's Project Manager
for submittal to DOT.
h. Project Management — Schedule staff, review progress, and prepare monthly
invoices for services provided. Assist with final audit and project closeout
paperwork.
SURVEY
a. Monument Preservation — Reestablish all property corners along the project
corridor damaged or removed during construction and prepare required
-14 -
monument preservation certificates. This shall apply to property corners that
were found during the initial topographic survey and boundary determination.
Previously missing property corners will not be reset.
LIMITATIONS OF RESPONSIBILITIES/AUTHORITY
CONSULTANT's onsite observation and periodic visits to the site will provide for
the CITY a degree of confidence that the completed work of the Contractor will
confirm generally to the Contract Documents and that the integrity of the design
concept as reflected in the Contract Documents has been implemented and
preserved by the Contractor.
During such onsite observation and periodic site visits, the CONSULTANT will
not supervise, direct or have control over the Contractor's work nor shall the
CONSULTANT have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction elected by the Contractor,
for safety precautions and programs incident to the work or for any failure of the
Contractor to comply with laws, rules, regulations, ordinances, codes or orders
applicable to the Contractor fundraising and performing his work.
During such onsite observation and periodic site visits the CONSULTANT may
disapprove of or reject the Contractor's work while it is in progress if the
CONSULTANT believes that such work will not produce a completed project that
conforms generally to the Contract Documents or that it will prejudice the
integrity of the design concept of the Project as reflected in the Contract
Documents.
Onsite observation and periodic visits to the site provided by the CONSULTANT
as part of services during construction under this Agreement shall not make the
CONSULTANT responsible for, nor relieve the construction contractor(s) of the
obligation to conduct comprehensive monitoring of the work sufficient to ensure
conformance with the intent of the Contract Documents, and shall not make the
CONSULTANT responsible for, nor relieve the construction contractor(s) of the
full responsibility for all construction means, methods, techniques, sequences,
and procedures necessary for coordinating and completing all portions of the
work under the construction contract(s), and for all safety precautions incidental
thereto.
ADDITIONAL SERVICES
The following items are specifically excluded from the Scope of Services, but could be
added at a future date by amendment to this Agreement executed in writing prior to
performance of such additional service, if it is determined during the course of the
project that these services are required.
a. Detailed structural analyses or design of any concrete box culverts. If concrete
box culverts are used, said box culverts shall be standard Iowa DOT precast
concrete box culverts.
-15-
b. Detailed environmental services if a Categorical Exclusion determination is not
made;
c. Virtual tour of corridor improvements.
d. All other items specifically noted within the Scope of Services.
e. Construction materials testing. Testing of materials incorporated into the project,
plant inspections and testing, and other field testing required by the Contract
Documents but not specified to be the Contractor's responsibility will be
coordinated under this agreement, but provided under a separate contract that
the CITY has for these services.
f. Design modifications during construction, if any, warranted during construction
will be obtained under a separate agreement or as directed.
-16 -
II. TIME OF COMPLETION
The CONSULTANT shall complete the following phases of the project in accordance with
the schedule shown.
PROPOSED SCHEDULE:
Task
Start
Finish
Contracting
03/08/2019
07/16/2019
Notice to Proceed
07/17/2019
Project Kickoff Meeting
07/24/2019
--
Concept Statement
08/01/2019
09/02/2019
Environmental Review (Wetlands and Wildlife)
08/01/2019
09/02/2019
Cultural Resources Review
08/01/2019
09/26/2019
Topographic Survey and Boundary Retracement
08/01/2019
09/02/2019
Utility Coordination and Relocations
08/01/2019
Utility Research (Notification Letters, Maps, Locates,
Depths)
08/01/2019
09/02/2019
Send Preliminary Plans to Utility Companies
10/21/2019
Utility Coordination Meeting
11/04/2019
Review Utility Relocation Plans and Utility Permits
11/25/2019
12/30/2019
Review Relocation Compensation Agreements (Verizon)
11/25/2019
12/30/2019
Relocate Utilities
02/01/2020
11/20/2020
Geotechnical Borings and Report
08/01/2019
09/23/2019
Submit for 404 Permit (Initiates SHPO Review)
09/02/2019
10/09/2019
Preliminary Plans (Submit to CITY 2 weeks prior)
09/02/2019
10/20/2019
60% Plans (To tie down right-of-way needs)
09/02/2019
12/15/2019
Right-of-way Plats and Acquisitions
01/02/2020
09/04/2020
Right-of-way Plats
01/02/2020
01/31/2020
Right-of-way Appraisal and Negotiations
02/03/2020
09/04/2020
Condemnation Hearings
07/01/2020
09/04/2020
Check Plans (Submit to CITY 2 weeks prior)
02/13/2010
08/18/2020
Final Plans (Submit to CITY 2 weeks prior)
08/18/2020
09/22/20202
Bid Letting By Iowa DOT)
12/15/2020
--
Construction
04/01/2021
11/30/2021
Note the above schedule follows the Iowa DOT Instructional Memorandum I.M. 3.005, Project
Development Submittal Dates and Information. The schedule is subject to reviews and approvals
and or additional requirements that may be imposed by the Iowa DOT as part of the Federal Aid
process.
17 -
Note the schedule is dependent on several factors such as when the contract is approved, timely
review of submittals and returning comments by the CITY and the Iowa DOT, and receipt of
environmental clearance.
III. GENERAL TERMS
A. The CONSULTANT shall not commit any of the following employment practices
and agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all
work and services performed up to the time of termination. However, such sums
shall not be greater than the "lump sum" amount listed in Section IV. The CITY
may terminate this Agreement upon seven (7) calendar days' written notice to the
CONSULTANT.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
parties to said Agreement.
D. It is understood and agreed that the retention of the CONSULTANT by the CITY
for the purpose of the project shall be as an independent contractor and shall be
exclusive, but the CONSULTANT shall have the right to employ such assistance
as may be required for the performance of the project.
E. It is agreed by the CITY that all records and files pertaining to information needed
by the CONSULTANT for the project shall be available by said CITY upon
reasonable request to the CONSULTANT. The CITY agrees to furnish all
reasonable assistance in the use of these records and files.
F. It is further agreed that no party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the CITY, the CONSULTANT shall attend meetings of the CITY
Council relative to the work set forth in this Agreement. Any requests made by the
CITY shall be given with reasonable notice to the CONSULTANT to assure
attendance.
H. The CONSULTANT agrees to furnish, upon termination of this Agreement and
upon demand by the CITY, copies of all basic notes and sketches, charts,
computations, and any other data prepared or obtained by the CONSULTANT
pursuant to this Agreement without cost, and without restrictions or limitation as to
S�
the use relative to specific projects covered under this Agreement. In such event,
the CONSULTANT shall not be liable for the CITY's use of such documents on
other projects.
The CONSULTANT agrees to furnish all reports, specifications, and drawings, with
the seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
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 reproducible copies for the
CONSULTANT's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the project
will be paid by the CITY.
N. Upon signing this Agreement, CONSULTANT acknowledged that Section 362.5 of
the Iowa Code prohibits a CITY officer or employee from having an interest in a
contract with the CITY, and certifies that no employee or officer of the CITY, which
includes members of the CITY Council and CITY boards and commissions, has an
interest, either direct or indirect, in this Agreement, that does not fall within the
exceptions to said statutory provision enumerated in Section 362.5.
O. The CONSULTANT agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the CONSULTANT's liability for
the CONSULTANT's negligent acts, errors and omissions to the CITY in the sum
of $1,000,000.
-19 -
IV. COMPENSATION FOR SERVICES
The CITY shall compensate the CONSULTANT for services rendered under this
Agreement. Compensation shall be on a time and expense basis. The standard rates
are those rates set forth in the attached "Rates for Professional Services". The fee,
including all time and expenses, shall not exceed $788,029.00.
FEE ESTIMATE:
Task
Fees
Anderson Bogert
Project Meetings / Updates
$25,000
Topographic and Boundary Survey
$35,000
Acquisition Plats and Right-of-way Coordination Assistance
$35,000
Concept Statement and Preliminary Plans
$65,000
Check Plans
$95,000
Final Plans and Bid Documents
$42,500
IDNR Permit Applications (Water and NPDES)
$6,500
Utility Coordination
$21,000
Public Involvement
$8,500
Bidding Assistance
$3,500
Construction Services (see Exhibit A - Resource Allocation)
$342,000
Geotechnical Borings and Report
$21,000
Wetland Delineation/Environmental Review
$21,000
Phase I Intensive Archaeological Investigation
$9,999
Right-of-way Acquisition
$57,030
Total Estimated Not -to -Exceed Fee:
$788,029
Assumptions:
• The Construction Services fee is based on an 8 -month construction period that occurs
during one construction season in 2021.
• Seeding will be 70% established by 11/30/2021; therefore, not requiring NPDES storm
water inspections thereafter.
-20 -
The CONSULTANT shall submit invoices monthly. A complete invoice shall, at a
minimum, contain the following information:
• Project name and contract number;
• Contract value information including the following:
Total contract value;
Total value of previous invoices;
Total value of current payment due;
Total remaining contract value following the current payment;
• A statement of the services rendered during the billing period;
• A statement of the hourly rate at which the services are billed; and
• A statement of the progress of the completion of the scope of services.
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and that
no other monies or considerations have been solicited.
C. This Agreement shall be interpreted and enforced in accordance with the laws of the
State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be
brought in a court of competent jurisdiction in Johnson County, Iowa. The parties
hereto hereby submit to personal jurisdiction therein and irrevocably waive any
objection as to venue therein, including any argument that such proceeding has been
brought in an inconvenient forum.
-21-
FORTHE ITY
By:
/ 8�' —
Title: Mayor
Date: 07/16/19
ATTEST:.
PWV0MSN W S2gmf.("
FOR THE CONSULTANT
I�a .�
Title: Principal
Date: q
Approved by:
City Attorney's Office
-7 //L/
Date
ANDERSON BOGERT - RATES FOR PROFESSIONAL SERVICES*
Labor
Per Hour
EngineerI.....................................................................................................................................
$97.00
EngineerII..................................................................................................................................$106.00
EngineerIII.................................................................................................................................$125.00
EngineerIV................................................................................................................................$152.00
EngineerV.................................................................................................................................$174.00
EngineerVI................................................................................................................................$198.00
EngineerVII...............................................................................................................................$235.00
EngineerVIII..............................................................................................................................$246.00
SurveyorI....................................................................................................................................
$77.00
SurveyorII..................................................................................................................................$100.00
SurveyorIII.................................................................................................................................$136.00
SurveyorIV.................................................................................................................................$152.00
...Survey Field Work (1 man, truck & equipment)
..............................................................$184.00
EngineerTechnician I................................................................................................................$62.00
EngineerTechnician II...............................................................................................................$94.00
Engineer Technician III............................................................................................................$125.00
Engineer Technician IV...........................................................................................................$143.00
Construction Observation I......................................................................................................
$84.00
Construction Observation II...................................................................................................$124.00
Utilities Specialist II....................................................................................................................$124.00
DocumentSpecialist I...............................................................................................................
$68.00
Document Specialist II..............................................................................................................
$84.00
Document Specialist III.............................................................................................................
$96.00
Document Specialist IV...........................................................................................................$104.00
Public Involvement Specialist I................................................................................................$90.00
Public Involvement Specialist II.............................................................................................$124.00
Materials, Equipment, Reimbursable Expenses
Per Each
ATV
$100.00/day
Boat
$200.00/day
Roll of Flagging
$4.00
Flats
$1.00
Hubs
$1.00
Lath
$1.00
Spike & Washer
$1.00
Paint
$5.00
Pins, Rods
$3.00
T -posts
$5.00
Galvanized Posts
$10.00
Mileage
Current IRS mileage rate
Rates subject to change. *Rates may adjust July 1 of every year.
SUBCONSULTANT - RATES FOR PROFESSIONAL SERVICES
Geotechnical Borings and Report & Wetland Delineation/Environmental Review
(Braun Intertec Corporation)
Labor
Principal Scientist .................
Senior Scientist ......................
Staff Scientist .........................
Senior Engineer .....................
Staff Engineer ........................
CADD/Graphics Operator.
Environmental Technician II
Project Manager ..................
Project Assistant ....................
Materials, Equipment, Reimbursable Expenses
Site Layout and Utility Clearance
Flotation Tire Drill Rig and Crew, per hour
Unconfined Compression (ASTM D 2166), per sample
Moisture Content (ASTM D 2216), per sample
Moisture Content and Density (ASTM D 2937)
Traffic Control — Days
Trimble GeoXH GPS (sub -meter horizontal only), per day
Vehicle, per mile
Hotel
Meals
Supplies
Per Hour
.................................... $150.00
.................................... $130.00
...................................... $95.00
.................................... $150.00
.................................... $125.00
.................................... $105.00
...................................... $80.00
.................................... $110.00
...................................... $70.00
Phase I Intensive Archaeological Investigation (Tallgrass Historians, L.C.)
Labor
Principal Investigator .................................
Project Archaeologist ................................
Project Associate .......................................
Principal Assistant .......................................
Materials, Equipment, Reimbursable Expenses
I -Sites Pro Access / Research Fees / Curation Fees
Supplies/shipping
Labor
Per Each
$105.00
$220.00
$100.00
$10.00
$15.00
$1,200.00
$60.00
$0.54
$150.00
$50.00
$45.00
Per Hour
............................................................ $70.00
............................................................ $44.80
............................................................ $29.57
............................................................ $25.98
Right-of-way Acquisition (JCG Land Services, Inc.)
Per Each
$300.00
$100
Per Hour
Principal.....................................................................................................................................$100.00
ProjectManager......................................................................................................................$100.00
AcquisitionSpecialist................................................................................................................. $90.00
Relocation Assistance Specialist............................................................................................. $90.00
Title and Document Specialist.................................................................................................$90.00
GPS Mapping Technician.......................................................................................................$100.00
GIS Management Specialist..................................................................................................$120.00
Materials. Equipment. Reimbursable Expenses Per Each
Per Diem $50.00
Mileage @ Current Federal Rate
Lodging and expenses Based on actual
Outside services Based on actual
Exhibit A
Melrose Avenue Improvements
Resource Allocation -Construction Services
Anderson -Bogert Engineers and Surveyors, Inc.
June 21. 2019
CONSTRUCTION OBSERVATION
TASK
TOTALS
ENGINEER
VIII
ENGINEER
V
ENGINEER III
ENGINEER
TECH II
SURVEYOR
IV
SURVEY FIELD
WORK
PUBLIC INVOLVEMENT
SPECIALIST II
TASK
Cost/hour
$246.00
$174.00
$125.00
$94.00
$152.00
$184.00
$124.00
a. -f. On-site Observation, meetings, pay estimates, extra work
orders, coordination construction reports
$ 167,520
1280
80
q. Final Review and Project Close -Out
$ 10,000
80
h. As Built Drawings
$ 5,000
40
HOURS
1,480
0
0
1400
80
0
0
0
ENGINEERING SUBTOTAL
$182,520.00
$0.00
$0.00
$175,000.00
$7,520.00
$0.00
$0.00
$0.00
CONSTRUCTION ADMINISTRATION
TASK
a. Construction Meetings
$ 21,080
20
90
4
b. Public Involvement
$ 12,034
4
32
10
16
22
c. Shop Drawings and Material Certificatons
$ 20,880
120
d. Periodic Site Visits
$ 16,704
96
e. Pay Estimates
$ 9,396
54
f. Davis -Bacon payroll review
$ 4,176
24
q. Interpretation/Extra Work Orders
$ 38,160
8
208
h. Project Management
$ 29,928
172
HOURS
880
32
796
14
16
0
0
22
ENGINEERING SUBTOTAL
$152,358.00
$7,872.00
$138,504.00
$1,750.00
$1,504.00
$0.00
$0.00
$2,728.00
SURVEY
TASK
a. Monument Preservation
$ 7,104
8
32
HOURS
40
0
0
0
0
8
32
0
ENGINEERING SUBTOTAL
$7,104.00
$0.00
$0.00
$0.00
$0.00
$1,216.00
$5,888.00
$0.00
PAYMENT DUE CONSULTANT FOR SERVICES IN EXHIBIT A SHALL NOT EXCEEDI
$341,982.00
Item Number: 6.c.
�, CITY OF IOWA CITY
�'�COUNCIL ACTION REPORT
July 16, 2019
Resolution authorizing the procurement of three (3) ADAAccessible Vehicles
for the Transportation Services Department.
Prepared By: Darian Nagle-Gamm; Director of Transportation Services
June Nasby, Buyer I I
Reviewed By: Geoff Fruin; City Manager
Fiscal Impact: $312,957 from the Transit fund
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
On July 2nd, consideration will be given to a resolution to purchase three (3) ADA accessible
vehicles for the provision of paratransit services. The total cost of the procurement is $312,957
with the City being responsible for $208,638 while grant funding will cover $104,319. Funding is
available in the operating budget in the transit replacement reserve fund 7151-71810280 (FY19
and FY20).
Background /Analysis:
While the City contracts paratransit services, it is responsible for procuring and maintaining the
paratransit fleet. Due to population growth and an increased demand for services, the most recent
5 -year paratransit contract with Johnson County SEATS calls for two expansion vehicles to be
purchased in FY19 and FY20. Iowa City was recently awarded Federal Transit Administration
funds to replace vehicle 810, which has reached the end of its useful life.
The Council has indicated a desire to electrify the transit fleet. There are multiple companies
offering heavy-duty electric buses, but no company offers light-duty electric paratransit vehicles at
this time. We have recently become aware of a company that offers a kit to convert traditional
gasoline powered paratransit vehicles into battery -powered hybrid electric vehicles, similar to how
a Toyota Prius or other hybrid vehicle operates. Stated fuel reductions are in the 25% range. Staff
is reaching out to gather more information on the devices, which could be a potential retrofit for the
City's paratransit fleet to reduce fuel consumption and emissions.
ATTACHMENTS:
Description
Resolution
b, C,
Prepared by: Darian Nagle-Gamm; Director of Transportation, 1200 S. Riverside Drive, Iowa City, Iowa 52246
(319)356-5156
Resolution No. 19-177
Resolution authorizing the procurement of three (3) ADA Accessible
Vehicles for the Transportation Services Department
Whereas, the City of Iowa City is required by the Federal Transit Administration to provide
complementary paratransit services; and
Whereas, the City of Iowa City contracts with Johnson County Seats to provide paratransit services
within the community; and
Whereas, the most recent 5 -year contract calls for the City to procure two (2) expansion vehicles
with local funds due to increasing population and demand for services; and
Whereas, the City received Federal Transit Administration grant funding for the replacement of one
(1) ADA accessible vehicle; and
Whereas, the Iowa Department of Transportation's Office of Public Transportation issued a request
for proposal ADA Assessible Van/Light Duty/Medium Duty Vehicles (OPT2018LDB); and
Whereas, Hoglund Bus Company was awarded a contract through the request for proposal
process; and
Whereas, the purchase of ADA accessible vehicles can be made through this cooperative
purchasing agreement; and
Whereas, the City will order the ADA accessible vehicles through Hoglund Bus Company; and
Whereas, the total cost of the procurement is $312,957 with the City being responsible for $208,638
while grant funding will cover $104,319; and
Whereas, funds for this purchase are available in the transit replacement reserve fund (7151-
71810280 (FY19 and FY20); and
Whereas, approval of this procurement is in the public interest.
Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa, that:
1. The proposed procurement as described above is approved.
2. The City Manager is authorized to take the steps necessary to effectuate amendments.
Passed and approved this 16th day of .Tule 2019
M or
Approved by
Attest: � I- - l 'l 5
Ci y Clerk City Attorney's Office
Resolution No. 19-177
Page 2
It was move by Mims and seconded by —Teague the Resolution be
adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
x
Cole
x
Mims
x Salih
x
Taylor
x
Teague
x
Thomas
Throgmorton
Item Number: 6.d.
®I CITY OF IOWA CITY
u►
�� COUNCIL ACTION REPORT
July 16, 2019
Resolution accepting the work for the Flood Plain Demolition Project
Prepared By: Jason Havel, City Engineer
Reviewed By: Danielle Sitzman, Development Services Coordinator
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
This project has been completed by CAJ Enterprises of West Branch, Iowa in substantial
accordance with the plans and specifications prepared by the City of Iowa City. The Engineer's
Report and Performance and Payment bonds are on file with the City Engineer.
• Project Estimated Cost: $ 55,000.00
• Project Bid Received: $ 33,060.00
• Project Final Cost: $ 33,060.00
Background /Analysis:
This project included the demolition and removal of structures at 889 Park Place and 735 Manor
Drive.
ATTACHMENTS:
Description
Engineer's Report
Resolution
I P i
®tp
fid
rlll
i
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
ENGINEER'S REPORT www.icgov.org
July 8, 2019
City Council
Iowa City, Iowa
Re: Flood Plain Demolition Project
Dear City Council:
I hereby certify that the construction of the Flood Plain Demolition Project has been completed
by CAJ Enterprises, Inc. of West Branch, Iowa in substantial accordance with the plans and
specifications prepared by the City of Iowa City.
The project was bid as a lump sum contract and was awarded for $33,060.00. The final
contract price is $33,060.00.
There were no change orders.
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason Havel, P.E.
City Engineer
pweng/masters/e ng rpt. doc
Prepared by: David Powers, Neighborhood & Development Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5233
Resolution No. 19-178
Resolution accepting the work for the Flood Plain Demolition
Project
Whereas, the Engineering Division has recommended that the work for construction of the Flood
Plain Demolition Project, as included in a contract between the City of Iowa City and CAJ
Enterprises of West Branch, Iowa, dated January 30, 2019, be accepted; and
Whereas, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
Whereas, funds for this project are available in the emergency fund account # 10310712; and
Whereas, the final contract price is $33,060.00.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 16th day of July , 2019
MEKYor
Attest: l p
City Clerk U\
rov
7-/v �Iq
City Attorney's Office
It was moved by Aims and seconded by Teague the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
M
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
Item Number: 6.e.
'r AL CITY OF IOWA CITY
=� COUNCIL ACTION REPORT
July 16, 2019
Resolution authorizing the Mayor to sign and the City Clerk to attest the Iowa Department of Transportation
Agreement No. 2019-16-153 for the Burlington and Madison Intersection Improvements Project.
Prepared By: Jason Reichart, Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Agreement
Executive Summary:
The Burlington and Madison Intersection Improvements Project is a joint City of Iowa City and
Iowa Department of Transportation (I DOT) project that includes two separate agreements that will
contribute funding to the project. The first is a Surface Transportation Block Grant (STBG)
Agreement No. 6-19-STBGU-011, executed by the City and [DOT on May 16, 2019 and May 17,
2019, respectively. This grant includes funding for eligible City -funded project costs.
The second agreement is a cooperative agreement for the use of 3-R funds for I DOT -funded
items included in the project. Improvements covered by this grant include excavation and
subgrade stabilization (as required) for railroad approaches and 3 -inch HMA resurfacing (1 -inch
interlayer course and 2 -inch surface course), pavement repair, pavement markings, and related
work on the main travel lanes (including the two-way center turn lane). The I DOT reimbursement
amount for the 3-R improvements is estimated to be $230,200.73. The estimated construction
cost for the total project is $1,326,000.
Background /Analysis:
The Burlington and Madison Intersection Improvements Project includes the widening of
Burlington Street, from Madison Street to Front Street, to include continuous buffered bike lanes
from Madison Street to Riverside Drive. The project also includes traffic signal and pedestrian
signal improvements, ADA sidewalk improvements, and public utility improvements at the
Burlington Street and Madison Street intersection, as well as the restriping of Madison Street to
include a 4 -lane to 3 -lane conversion from Market Street to Court Street, and the addition of
continuous bike lanes on Madison Street, from Market Street to Prentiss Street.
ATTACHMENTS:
Description
Location Map
Resolution
Agreement
i
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ROAD DESIGN * CADD * PRODUCED STATE OF IOWA FHWA REGION 7 FISCAL YEAR 2019 JOHNSON COUNTY PROJECT NUMBER NHSX-001 -5(120)--3H-52 SHEET NUMBER P.3
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Prepared by: Jason Reichart, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416
Resolution No. 19-179
Resolution authorizing the Mayor to sign and the City Clerk to attest the
Iowa Department of Transportation Agreement No. 2019-16-153 for the
Burlington and Madison Intersection Improvements Project.
Whereas, the Iowa Department of Transportation and the City of Iowa City desire to widen and
resurface sections of US Highway 1 through Iowa City between Capitol Street and Riverside
Drive; and
Whereas, Anderson -Bogert has completed design and plan preparation for the Burlington and
Madison Intersection Improvements Project; and
Whereas, funds are available in the Burlington Madison Intersection Improvements account
#53834; and
Whereas, the Iowa Department of Transportation has referenced this agreement as
No. 2019-16-153 and the Project as NHSX-001-5(120)--3H-52; and
Whereas, City Council deems it is in the public interest to enter into said agreement with the Iowa
Department of Transportation for the rehabilitation of sections of US Highway 1 through Iowa City
between Capitol Street and Riverside Drive (a/k/a the Burlington and Madison Intersection
Improvements Project).
Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that:
1. It is in the public interest to enter into the above-mentioned agreement, and the agreement
attached hereto is hereby approved as to form and content.
2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the
City of Iowa City and the Iowa Department of Transportation.
Passed and approved this 16th day of July 2019.
M 4jor
Attest: a
Ci Clerk
It was moved by Mims
adopted, and upon roll call there were:
Ayes
x
Approved by
/�1�( Lam- / aL11�t✓
City Attorney's Office � /�� /�9
and seconded by 'Teague the Resolution be
Nays:
Absent:
Now
Mims
x Salih
Taylor
Teague
Thomas
Throgmorton
February 2017
IOWA DEPARTMENT OF TRANSPORTATION
Cooperative Agreement
For Primary Road Project
County
Johnson
City
Iowa City
Project No.
NHSX-001-5(12.0)--3H-52
Iowa DOT
Agreement No.
2019-18-153
Staff Action No.
This Agreement, is entered Into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT"', and the city of Iowa City, Iowa, a Local Public Agency, hereafter designated the
"LPA" in accordance with Iowa Code Chapters 28E, 306, 308A and 313.4 as applicable;
The LPA proposes to establish or make improvements to Iowa 1 within Johnson County, Iowa; and
The LPA and the DOT are willing to jointly participate In said project, in the manner hereinafter provided;
and
The LPA and the DOT previously entered into the following agreement(s) for the above referenced project:
Agreement No. 6-19-STOGU-011 for Surface Transportation Block Grant Program funds was executed by
the DOT and LPA on May 17, 2019 and may 16, 2019 respectively; and
This Agreement reflects the current concept of this project which is subject to modification by mutual
agreement between the LPA and the DOT; and
Therefore, it is agreed as follows:
1. Project Information
a. The LPA shall be the lead local governmental agency for carrying out the provisions of this
agreement.
b. All notices required under this agreement shall be made in writing to the DOT's and/or the LPA's
contact person. The DOTS contact person shall be the Assistant District 6 Engineer, Kenneth A.
Yanna, P.E. The LPA's contact person shall be the City Engineer, Jason Havel, P.E., or designated
representative.
c. The LPA shall be responsible for the development and completion of the following described primary
highway project:
Portland Cement Concrete (PCC) widening with Hot Mix Asphalt (HMA) resurfacing on Iowa 1
between Capitol Street and Riverside Drive in Iowa City, The project provides for widening to
accommodate a five -lane cross section (four travel lanes and a center two -left -tum lane) with
bicycle lanes and ADA sidewalk and pedestrian curb ramp construction, traffic signals, and storm
sewer and water main construction.
d. All storm sewers constructed as part of the project will become the property of the LPA, which will be
responsible for their maintenance and operations. The IPA will not make any connections to said
storm sewers without the prior written approval of the DOT. The LPA will prevent use of such storm
sewers as a sanitary sewer.
2019-16-153_IowaQty
February 2017
2. Project Costs
a. The DOT shall contribute 3R funds toward improvements on the project that consists of excavation
and subgrade stabilization (as required) for railroad approaches and 3 -inch HMA resurfacing (1 -inch
interlayer course with a 2 -inch surface course), pavement repair, pavement markings and other
related work on the main travel lanes (Including two-way center -tum). The DOT reimbursement is
estimated to be $230,200.73 shown as Division 2 on Exhibit B. The actual amount of DOT
reimbursement will be determined by the quantities in place and the accepted bid at the contract
letting. Lump sum items will be shared on a pro -rata basis based on the costs of the division
compared to total project costs.
b. The LPA will bear all costs except those allocated to the DOT under other terms of this Agreement.
3. Environmental, Right -of -Way, Permits and Other Requirements
a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work
Within the Right -of -Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit,
Application for Approval of a Traffic Control Device, or other construction permits required for the
project prior to the start of construction. Neither the approval of funding northe signing of this
Agreement shall be construed as approval of any required permit from the DOT.
b. The LPA shall obtain all project permits and / or approvals, when necessary, from the Iowa
Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer),
Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, or other
State or Federal agencies as may be required.
c. If right-of-way is required for the project, the LPA shall acquire the necessary right -of --way in
accordance with 781 Iowa Administrative Code Chapter 111, Real Property Acquisition and
Relocation Assistance. The LPA shall submit preliminary right-of-way plans to the DOT's Office of
Right-of-way for review and approval prior to the commencement of any acquisition.
d. Additionally, the portions right-of-way acquired for improvements to the Primary Road System shah
be acquired in the name of the State of Iowa. The LPA will property dose the sale of each parcel and
shall furnish the DOT copies of all completed contracts, deeds, conveyances and condemnation
documents (for state right of way).
e. If there is a railroad crossing within or near the project work area, the LPA shag obtain the necessary
approvals or agreements from the railroad to allow the proposed work to be completed on or around
the railroad crossing and / or right-of-way.
f. If the project requires utility relocations, subject to the approval of and without expense to the DOT,
the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or
removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics
lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water
intakes, sanitary sewers, and related poles, Installations and appurtenances, whether privately or
publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are
located within the limits of an established street or alley and which will interfere with construction of
the project and the clear zone. All utility relocations shall be accomplished in accordance with the
DOT's Utility Accommodation Policy, as set forth in 781 Iowa Administrative Code, Chapter 115.
201316-153 IowaCity
February 217
g. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the
proposed Primary Highway project and the FIS is modified, amended or revised in an area affected
by the project after the date of this Agreement, the LPA shall promptly provide notice of the
modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance
Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does
adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall
promptly provide notice of the FIS to the DOT.
4. Project Design
a. The LPA or its consultant shall be responsible for the design of all proposed improvements.
b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a
Professional Engineer licensed to practice in the State of Iowa,
c. All proposed highway or street Improvements shall be designed using good engineering judgment
and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on
Geometric Design of Highways and Streets", (latest edition).
d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and
Highways", by the Federal Highway Administration, as adopted by DOT, as per 7131 Iowa
Administrative Code, Chapter 130.
5. Bid Letting
a. The LPA shall submit the pians, specifications, estimate, and all other contract documents for review
by the DOT. The project may be submitted for letting in phases, in the order of preference as
determined by the LPA. All plan submittals shall be in accordance with the Major Project schedule, as
shown on the Instructional Memorandum to Local Public Agencies 3.005, Project Development
Submittal Dates and Information, published by the DOT's Office of Local Systems.
b. The project will be let by the DOT in accordance with its normal letting procedures. As a condition for
the DOT to let the project, the LPA agrees that the LPA has the financial resources to proceed with
the project If bids submitted are 110% of the project cost estimate or less. If the LPA is a city, the LPA
shall comply with the public hearing requirements of the Iowa Code section 28.12.
c. When let by the DOT, the DOT will identify the lowest responsive bidder. When bids Submitted are
more than 110% of the project cost estimate, the DOT will provide an electronic tabulation of
responsive bids to the LPA for concurrence. The LPA shall either take action to accept the award to
the lowest responsive bidder or reject all bids. The LPA shall provide such confamatlon by email,
Foltowing LPA concurrence in the award of contract, the DOT shall execute the contract.
d. The LPA shall be the contracting authority for the project.
B. Construction & Maintenance
a. The LPA shall be responsible for the daily inspection of the project, Including the compilation of a
daily log of materials, equipment, and labor used on the project.
7D19-16753 IoweCfty
February 2017
b. The LPA shall comply with the procedures and responsibilities for materials testing and construction
inspection according to DOT's Materials Instructional Memorandums (I.M's) and the Construction
Manual. If requested, the DOT may be able to perform some testing services. If performed, the DOT
will bill the LPA for testing services according to its normal policy.
c. The work on this project shall be in accordance with the approved plans and specifications. Any
substantial modification of these plans and specifications must be approved by the DOT prior to the
modification being put Into effect.
d. The LPA, In cooperation with the DOT, will take whatever steps may be required with respect to
alteration of the grade lines of the new highway facilities constructed under the project in accordance
with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to
properties that may occur as a result of the project.
e. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections
150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the
existing primary highway right of way. The LPA will also prevent the erection and/or placement of any
structure or obstruction on said right of way or any additional right of way which Is acquired for this
project including but not limited to private signs, buildings, pumps, and parking areas.
f, With the exception of service connections no new or future utility occupancy of project right-of-way,
nor any future relocations of or alterations to existing utilities within said right-of-way (except service
connections), will be permitted or undertaken by the LPA without the prior written approval of the
DOT. All work will be performed in accordance with the Utility Accommodation Policy and other
applicable requirements of the DOT.
g. New lighting and/or traffic signal construction for this project shall be provided under guidelines
established in 761 Iowa Administrative Code Chapter 150. The LPA shall constrict traffic signal
installations all at no cost to the DOT. If constructed, the LPA shall accept ownership of and
responsibility for future energy and maintenance costs of those lighting and/or traffic signal units
which lie within the corporate boundaries.
h. Upon completion of the project, no changes in the physical features thereof will be undertaken or
permitted without the prior written approval of the DOT.
I. After the project construction is complete and prior to final acceptance of the project by the DOT, the
LPA shall furnish three sets of "as-buift" plans to the DOT's contact person.
j. Future maintenance of the primary highway within the project area wig be carried out in accordance
with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150.
7. Traffic Control
a. Iowa 1 through -traffic will be maintained during the majority of construction.
b. During Phase 1 construction E Burlington Street (Iowa 1) will be closed to work on the railroad
crossing approaches. During the closure Iowa 1 through -traffic will be detoured off the project. The
detour route wig commence at the Burlington Street (Iowa 1) and S Riverside Drive (U.S, 6)
intersection, thence south approximately 0.7 miles to U.S. 6, thence southeast approximately DA
miles on U.S. 6 to S Gilbert Street, thence north approximately 0.9 miles on S Gilbert Street to E
Burlington Street (lowel). The total out of distance travel Is approximately 2.1 miles. The LPA will
temporarily close the highway project area by formal action in accord with Iowa Code section 306.41.
The LPA will erect and maintain signs within Its Jurisdiction, consistent with Part 6 of the"Manual on
2013-16-153 omCity 4
February 2017
Uniform Traffic Control Devices", as necessary to direct traffic to and along said detour route during
the construction period. The LPA will also remove said signs when the detour is discontinued. Details
will be shown on the traffic control sheet(s) within the project plans.
c. If it becomes necessary to temporarily dose LPA side roads during construction, the LPA furnish,
Install, and remove the required barricades and signing for the closure at no expense or obligation to
the DOT. Any detours which may be necessary for project related LPA road closures will be the
responsibility of the LPA all at no expense or obligation to the DOT.
d. Traffic control devices, signing, or pavement markings installed within the limits of this project shall
conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" as per 761
Iowa Administrative Code, Chapter 130. The safety of the general public shall be assured through the
use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and
warning lights as necessary.
8. Payments and Reimbursements
a. The LPA shall be responsible for making initial payments to the oonfractor(s) for all project costs
incurred in the construction of the project. After payments have been made, the LPA may submit to
the DOT periodic Itemized clalms for reimbursement for eligible project activities. Reimbursement
claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa
that all eligible project activities for which reimbursement is requested have been paid in full and
completed in substantial compliance with the terms of this agreement.
b. The DOT shall reimburse the LPA for property documented and certified claims for eligible project
activity costs. The DOT may withhold up to 5% of the Federal and / or State share of construction
costs, either by state warrant or by crediting other accounts from which payment may have been
Initially made. If upon final audit, the DOT determines the LPA has been overpaid, the LPA shall
reimburse the overpaid amount to the DOT. After the final audit or review is complete and after the
LPA has provided all required paperwork, the DOT will release the Federal or State funds withheld.
c. Upon completion of the project, a Professional Engineer licensed to practice in the State of Iowa shall
certify in writing to the DOT that the project activities were completed in substantial compliance with
the plans and specifications set out in this agreement. Final reimbursement of state and / or Federal
funds shall be made only after the DOT accepts the project as complete.
9. General Provisions
a. The LPA shalt maintain records, documents, and other evidence in support of the worts performed
under the terms of this agreement. All accounting practices applied and all records maintained will be
in accordance with generally accepted accounting principles and procedures. Documentation shall be
made available for inspection and audit by authorized representatives of the DOT and / or the Federal
Highway Administration (FHWA), or their designees at all reasonable times. The LPA shall provide
copies of said records and documents to the DOT upon request. The LPA shall also require its
contractors to permit authorized representatives of the DOT and / or the FHWA to inspect all work
materials, records, and any other data with regard to agreement related costs, revenues and
operating sources. Such documents shall be retained for at least 3 years from the date of FHWA
approval of the final amendment / modification to the project in the FHWA's Fiscal Management
Information System (FMIS). Upon receipt of such approval by FHWA, the DOT will notify the LPA of
the record retention date.
b. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and
associated subsequent nondiscrimination laws, regulations and executive orders, the LPA shall not
201 &16-153 IowaCity 5
February 2017
discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation,
gender identity, national origin, religion, pregnancy, or disability.
C. The LPA agrees to indemnify, defend and hold the DOT harmless from any action or liability arising
out of the design, construction, maintenance, placement of traffic control devices, inspection, or use
of this project. This agreement to indemnify, defend and holo harmless applies to all aspects of the
DOT's application review and approval process, plan and constriction reviews, and funding
participation.
d. If any part of this agreement is found to be void and unenforceable then the remaining provisions of
this agreement shall remain in effect.
e. This agreement is not assignable without the prior written consent of the OOT.
f. it Is the intent of both (all) parties that no third -party beneficiaries be created by this Agreement.
g. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to
arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to
arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written
notice must include a precise statement of the disputed question. The DOT and the LPA agree to be
bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State
or Federal courts absent exhaustion of the provisions of this paragraph for arbitration.
h. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to
be an original.
L This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s),
and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this
project. All previously executed agreements will remain in effect except as amended herein. Any
subsequent charge or modification to the terms of this Agreement will be in the form of a duly
executed amendment to this document.
2019-15.153 IowaC4 6
February 2017
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2019-16-153 as of the
date shown opposite its signature below.
CITY OF IOWA CITY:
BY " - .Date July 16th 20 19
Title: ayor
FrrueU')Ia certify that I am the Clerk of the City, and that T rnes . ` h rZrimcy r cr^
who signed said Agreement foYand on behalf of the City was duly authorized to execute the same "e 1(0W�
day o€ 20 /-9
Signed;
City Clerk of Iowa City, I a.
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date $�p1 20 (�
acnes R. Schnoebelen
District Engineer
District 6
A proved BY
�— (I—r
City Attorney's Office
2019-16-153 lowacity
February 2017
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201316-153 lowaClty 8
2019-16-053_IowaCity � mm � i&b}Sm e
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Item Number: 6.f.
®4 CITY OF IOWA CITY
u►
�� COUNCIL ACTION REPORT
July 16, 2019
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the Asphalt Resurfacing 2019
Project.
Prepared By: Jason Reichart, Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $1,472,980.73 available in the Annual Pavement Rehabilitation account
#S3824
Recommendations: Staff: Approval
1 •uu •a ►/_1
Attachments: Location Map
Resolution
Executive Summary:
Project Plans and Specifications for the Asphalt Resurfacing 2019 Project were approved at the
June 18th Council Meeting. One (1) bid was submitted prior to the July 10th deadline, and L.L.
Pelling Company of North Liberty, Iowa submitted the apparent low bid of $1,472,980.73. The
engineer's estimate for construction was $1,480,000.
Staff recommends awarding the construction contract for the Asphalt Resurfacing 2019 Project to
L.L. Pelling Company.
Construction is expected to be completed in Fall 2019.
Background /Analysis:
This is a recurring maintenance project that concentrates on asphalt resurfacing and chipsealing of
various streets throughout Iowa City. In addition to the resurfacing, this project includes storm
intake repairs, repair of curb and gutter as needed, and replacement of curb ramps to meet current
ADA standards. The Asphalt Resurfacing 2019 Project includes work at the following locations:
Street Milling and 3 -inch Asphalt Overlay
Clinton Street from Court Street to Benton Street
Fairmeadows Boulevard from Hwy 6 to Hollywood Boulevard
South Gilbert Street from Kirkwood Avenue to East 3rd Street
Newton Road from Woolf Avenue to Hwy 6
Valley Avenue from Newton Road to Hwy 6
Lincoln Avenue from Newton Road to Hwy 6 / Dead end
Park Road and Ferson Avenue intersection
Equipment building parking lot
Pavement Markings with New Bicycle Facilities
Dodge Street buffered bike lane from Burlington Street to Bowery Street
Dodge Street 4 -lane to 3 -lane conversion with bike lanes from Bowery Street to Kirkwood Avenue
ATTACHMENTS:
Description
resolution
Location Map
f.�
Prepared by: Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5416
Resolution No. 19-180
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Asphalt Resurfacing 2019 Project
Whereas, L.L. Palling Company of North Liberty, Iowa, has submitted the lowest responsible bid
of $1,472,980.73 for construction of the above-named project; and
Whereas, funds for this project are available in the Annual Pavement Rehabilitation account
#S3824.
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 L.L.
Palling Company, 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 and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the
above-named project.
Passed and approved this 16th day of July 2019.
M or
Approved by
Attest: c�
City Clerk dCity Attorney's Office
It was moved by trims and seconded by Teague the Resolution be
adopted, and upon roll call there were
Ayes: Nays: Absent:
X Cole
X Mims
X Salih
X Taylor
X Teague
X Thomas
X Throgmorton
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NOTICE TO BIDDERS
ASPHALT RESURFACING 2019 PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M.
on the 10th day of July 2019. Sealed proposals will be opened immediately thereafter. 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 16th day of July 2019, or at special meeting called for that purpose.
The Project will involve the following:
Pavement milling and asphalt resurfacing along South Clinton Street, Fairmeadows Avenue,
Newton Road, Valley Avenue, South Gilbert Street, Park Road and Ferson Avenue intersection,
and the City Equipment Parking Lot. In addition to the resurfacing, this project also includes storm
intake repairs, repair of curb and gutter, replacement of curb ramps to meet current ADA
standards, and new pavement markings on Dodge Street to include a one-way to two-way
conversion from Burlington Street to Bowery Street and a 4 -lane to 3 -lane conversion from
Bowery Street to Kirkwood Avenue. This project also includes street sealcoat work along Taft
Avenue.
All work is to be done in strict compliance with the Project Manual prepared by the City of Iowa
City, which has 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 submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid security 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
(in the form shown in Section 0510) 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. The City shall retain the bid security furnished by the successful bidder until
the approved contract has been executed, the required Performance, Payment, and Maintenance
Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of
the contract, and the contract and security have been approved by the City. The City shall
promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as
the successful bidder is determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond
in an amount equal to one hundred percent (100%) of the contract price and in the form shown in
Section 0510, 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 acceptance by the City Council.
The following limitations shall apply to this Project:
Specified Start Date: August 5, 2019
Final Completion: November 1, 2019
Liquidated Damages: $500 per day
The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank
forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located
at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354-
8973, Toll -Free: (800) 779-0093, by bona fide bidders.
A $25.00 fee is required for each set of the Project Manual provided to bidders or other interested
persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee is
refundable if returned within 14 days of award of the project by City Council in re -usable condition.
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 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 list on the Contract its 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.
Posted upon order of the City Council of Iowa City, Iowa.
KELLIE FRUEHLING, CITY CLERK
Item Number: 6.g.
®4 CITY OF IOWA CITY
u►
�� COUNCIL ACTION REPORT
July 16, 2019
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the Riverfront Crossings Park,
Phase 4 Project.
Prepared By: Ben Clark, Sr. Civil Engineer
Reviewed By: Juli Seydell Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $501,065, available in the Riverfront Crossings Riverbank/Park Development
account # R4185
Recommendations: Staff: Approval
Commission: Park Commission reviewed project master plan and
recommended approval on December 14, 2016
Attachments: Resolution
Executive Summary:
This agenda item awards a construction contract for the Riverfront Crossings Park Phase 4
Project, which includes installing the Kenneth Snelson sculpture "Four Modular Piece", associated
site work, landscaping and lighting.
Two (2) bids were submitted prior to the July 9, 2019 deadline:
Bidder Name
All American Concrete, Inc.
Tricon General Construction, Inc.
City Bid
West Liberty $501,065
Cedar Rapids $642,000
All American Concrete, Inc. of West Liberty, Iowa submitted the lowest responsible bid. Public
Works, Engineering and Parks & Recreation recommend awarding the contract to All American
Concrete, Inc.
Background /Analysis:
Riverfront Crossings Park is located at the site of the City's decommissioned North Wastewater
Treatment Plant along the bank of the Iowa River. The site has been cleared of the wastewater
treatment plant and three phases of the park development are nearly complete. Future phases will
occur as budget and land acquisition allow.
Phase 1 included wetland creation, streambank restoration, site grading, trail and parking lot
construction. Phase 2 included a nature play area installation. Phase 3 included the installation of
a combination restroom and park shelter building, electrical service, trail lighting and signage.
This project, Phase 4, will include the relocation of the Kenneth Snelson sculpture "Four Modular
Piece" from its current location at Terrell Mill Park to the center of the Circle Drive at Riverfront
Crossings Park. Associated site work, landscaping and lighting are also included.
ATTACHMENTS:
Description
resolution
l-9
Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436
Resolution No. 19-181
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Riverfront Crossings Park, Phase 4 Project
Whereas, All American Concrete, Inc. of West Liberty, Iowa, has submitted the lowest responsible
bid of $501,065 for construction of the above-named project; and
Whereas, funds for this project are available in the Riverfront Crossings Riverbank/Park
Development account # R4185.
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 All
American Concrete, 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 and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the
above-named project.
Passed and approved this 16th day of July / 2019
l
Ma or
Approved by
Attest :
City Clerk City Attorney's office
It was moved by Aims and seconded by Teague the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays: Absent:
X
Cole
X
Mims
X Salih
X
Taylor
X
Teague
X
Thomas
X
Throgmorton
NOTICE TO BIDDERS
RIVERFRONT CROSSINGS PARK
PHASE 4 SCULPTURE RELOCATION PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M.
on the 9th day of July 2019. Sealed proposals will be opened immediately thereafter. 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 16'" day of July, 2019, or at special meeting called for that purpose. A public hearing will
be held during this meeting.
The Project will involve the following: site work and installation of Kenneth Snelson sculpture "Four
Modular Piece" at Riverfront Crossings Park, 1001 South Clinton Street, Iowa City, Iowa 52240.
Work includes installing new concrete pavement, subbase and draintile; concrete sculpture
columns, exterior sculpture lighting; and landscaping.
All work is to be done in strict compliance with the Project Manual prepared by Confluence, of
Cedar Rapids, Iowa, which has 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 submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid security 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
(in the form shown in Section 0510) 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. The City shall retain the bid security furnished by the successful bidder until
the approved contract has been executed, the required Performance, Payment, and Maintenance
Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of
the contract, and the contract and security have been approved by the City. The City shall
promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as
the successful bidder is determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond
in an amount equal to one hundred percent (100%) of the contract price and in the form shown in
Section 0510, 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: July 22, 2019
Final Completion: November 15, 2019
Liquidated Damages: $250 per day
The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank
forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located
at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354-
8973, Toll -Free: (800) 779-0093.
A $50.00 fee is required for each set of the Project Manual provided to bidders or other interested
persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee is
refundable if returned within 14 days of award of the project by City Council in re -usable condition.
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 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 list on the Contract its 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.
Posted upon order of the City Council of Iowa City, Iowa
KELLIE FRUEHLING, CITY CLERK
Item Number: 6.h.
®I CITY OF IOWA CITY
u►
�� COUNCIL ACTION REPORT
July 16, 2019
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the Rochester Avenue Sidewalk
Infill Project.
Prepared By: Josh Slattery, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $127,898.20, available in account#S3948
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The project manual and estimate of cost for construction of the Rochester Avenue Sidewalk I nfill
Project were approved at the June 18, 2019 Council Meeting. The project cost was estimated at
$131,000.
One (1) bid was submitted for the July 10, 2019 letting, and Bockenstedt Excavating of Iowa City,
Iowa submitted the lowest responsible bid of $127,898.20.
Staff recommends awarding the contract for the Rochester Avenue Sidewalk Infill Project to
Bockenstedt Excavating. This project is anticipated to be completed by October 2019.
Background /Analysis:
The Rochester Avenue Sidewalk Infill Project involves the construction of 4 -foot wide sidewalk
along the north side of Rochester Avenue between the water storage site at 2410 Rochester
Avenue and St. Thomas Court. The proposed sidewalk will connect to existing sidewalk at both
ends.
Project Timeline:
Award Date — July 16, 2019
Construction Start —August 2, 2019
Construction Complete — October 26, 2019
ATTACHMENTS:
Description
Resolution
Prepared by. Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149
Resolution No. 19-182
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Rochester Avenue Sidewalk Infill Project
Whereas, Bockenstedt Excavating, Inc. of Iowa City, Iowa, has submitted the lowest responsible
bid of $127,898.20 for construction of the above-named project; and
Whereas, funds for this project are available in the Rochester Avenue Sidewalk Infill account #
S3948.
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
Bockenstedt Excavating, 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 and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the
above-named project.
Passed and approved this 16th day of July 2019.
M or
Attest : �i
Ci Clerk
Approv by
a --c r—r 5
City Attorney's Office
It was moved by Mims and seconded by Teague the Resolution be
adopted, and upon roll call there were:
Ayes: Nays:
X
X
X
X
X
X
Absent
Cole
Mims
X Salih
Taylor
Teague
Thomas
Throgmorton
t,,V
0100
NOTICE TO BIDDERS
ROCHESTER AVENUE SIDEWALK INFILL PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M.
on the 101 day of July, 2019. Sealed proposals will be opened immediately thereafter. 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 161h day of July, 2019, or at special meeting called for that purpose. A public hearing will
be held during this meeting.
The Project will involve the following:
Remove Portland Cement Concrete, Asphalt Cement Concrete, and Portland Cement Concrete
sidewalk. Strip, salvage and spread topsoil. Provide and spread offsite topsoil. Excavate for the
new Portland Cement Concrete pavement. Construct Segmental Block Retaining Wall. Construct
4 -inch thick, 6 -inch thick, and 7 -inch thick Portland Cement Concrete sidewalks, driveways and
pavement at locations indicated. Seed disturbed areas. Provide traffic control during all phases
of project. Other work associated with sidewalk infill.
All work is to be done in strict compliance with the Project Manual prepared by MMS Consultants,
Inc., of Iowa City, Iowa, which has 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 submitted in a
sealed envelope. In addition, a separate sealed envelope shall be submitted containing a
completed Bidder Status Form and a bid security 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
(in the form shown in Section 0510) 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. The City shall retain the bid security furnished by the successful bidder until
the approved contract has been executed, the required Performance, Payment, and Maintenance
Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of
the contract, and the contract and security have been approved by the City. The City shall
promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as
the successful bidder is determined or within thirty days, whichever is sooner.
The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond
in an amount equal to one hundred percent (100%) of the contract price and in the form shown in
Section 0510, 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
Late Start Date: September 2, 2019
Working Days: 40
Liquidated Damages: $100.00 per day
The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank
forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located
at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354-
8973, Toll -Free: (800) 779-0093.
A $20.00 fee is required for each set of the Project Manual provided to bidders or other interested
persons. The fee shall be in the form of a check, made payable to Technigraphics, a division of
Rapids Reproductions. The fee is refundable if returned within 14 days of award of the project by
City Council in re -usable condition.
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 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 list on the Contract its 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.
Posted upon order of the City Council of Iowa City, Iowa.
KELLIE FRUEHLING, CITY CLERK
Item Number: 6.i.
®I CITY OF IOWA CITY
u►
��� COUNCIL ACTION REPORT
July 16, 2019
Resolution accepting the work for the street, storm sewer, and water main
public improvements for Breckenridge Apartments, 707 S Dubuque Street,
Riverfront Crossings Development located on Lots 1 and 2, Block 17, County
Seat Addition, and declaring public improvements open for public access
and use.
Prepared By: Joe Welter, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
The Breckenridge Apartments, 707 South Dubuque Street, are located on the northwest side of
the 700 -Block of S Dubuque Street, and consists of a four-story residential building with one
below grade level.
Background /Analysis:
The construction of the street, storm sewer, and water main improvements for the Breckenridge
Apartments have been completed in substantial accordance with the plans and specifications on
file with the Engineering Division of the City of Iowa City.
ATTACHMENTS:
Description
Engineer's Report
Resolution
NZ
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
ENGINEER'S REPORT (319) 356 - 5009 FAX
www.icgov.org
July 9, 2019
Honorable Mayor and City Council
Iowa City, Iowa
Re: 707 South Dubuque Street Public Improvements
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the street, storm sewer, and water main
improvements for 707 South Dubuque Street have been completed in substantial
accordance with the plans and specifications on file with the Engineering Division
of the City of Iowa City. The required maintenance bonds are on file in the City
Clerk's Office for the storm sewer and water main improvements constructed by
Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa.
I recommend that the above -referenced improvements be accepted by the City of
Iowa City.
Sincerely,
Jason Havel, P.E.
City Engineer
10",
Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144
Resolution No. 19-183
Resolution accepting the work for the street, storm sewer, and
water main public improvements for Breckenridge Apartments,
707 S Dubuque Street, Riverfront Crossings Development located
on Lots 1 and 2, Block 17, County Seat Addition, and declaring
public improvements open for public access and use.
Whereas, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City: street, storm
sewer, and water main improvements for the Breckenridge Apartments, 707 South Dubuque Street,
as constructed by Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa.; and
Whereas, the maintenance bonds have been filed in the City Clerk's office; and
Whereas, the City of Iowa City has notified the contractor listed previously of the date on which it
will consider acceptance of the aforementioned public improvements.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
Said improvements are hereby accepted by the City of Iowa City, Iowa and that all
dedications and public improvements previously set aside as not being open for public
access are hereby formally accepted and declared open for public use.
Passed and approved this 16th day ofJuly �, 2019
M or
Approved
Attest: � '4 )"<<,t S
�Cityt,lerk City Attorney's Office
It was moved by Mims and seconded by Teague the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
x
Cole
x
Mims
x Salih
x
Taylor
x
Teague
x
Thomas
x
Throgmorton
Item Number: 6.j.
ot
CITY O� IOWA CITY
www.icgov.org
July 16, 2019
Resolution accepting payment of $1,500.00 civil penalty, a sixty-day
suspension and waiver of right to hearing from Deli Mart #1.
ATTACHMENTS:
Description
Resolution
Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030
Resolution number: 19-184
Resolution accepting payment of $1,500.00 civil penalty, a sixty-
day suspension and waiver of right to hearing from Deli Mart #1
Whereas, on June 1, 2016, an employee of DeliMart Properties Inc., dba Deli Mart #1, 525
Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco,
tobacco products or cigarettes to a minor and this was the first such violation by one of its
employees in a two-year period; and
Whereas, on December 10, 2017, an employee of DeliMart Properties Inc., dba Deli Mart #1,
525 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing
tobacco, tobacco products or cigarettes to a minor and this was the second such violation by
one of its employees in a two-year period; and
Whereas, on November 13, 2018, an employee of DeliMart Properties Inc., dba Deli Mart #1,
525 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing
tobacco, tobacco products or cigarettes to a minor and this was the third such violation by
one of its employees in a three-year period; and
Whereas, on April 3, 2019, an employee of DeliMart Properties Inc., dba Deli Mart #1, 525
Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco,
tobacco products or cigarettes to a minor and this was the fourth such violation by one of its
employees in a three-year period; and
Whereas, at the time of the violation DeliMart Properties Inc., dba Deli Mart #1, was
operating under a retail cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating
Iowa Code §453A.2(1) for a first violation within a two-year period; subject to a civil penalty
of $1,500.00 or a thirty -day permit suspension for a second violation within a two-year
period, at the retailer's option; subject to a civil penalty of $1,500.00 and a thirty -day permit
suspension for a third violation within a three-year period; and subject to a civil penalty of
$1,500.00 and a sixty-day permit suspension for a fourth violation within a three-year
period.
Whereas, DeliMart Properties Inc., dba Deli Mart #1, has waived its right to a hearing
required by Iowa Code §453A.22(2) and accepted responsibility for its employee's fourth
violation of Iowa Code §453A.2(1), by paying a $1,500.00 civil penalty, and surrendering its
tobacco permit for 60 days (July 5, 2019 through September 3, 2019) to the City Clerk of
the City of Iowa City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council should accept the waiver of right to hearing, a payment of $1,500.00 civil
penalty, and the sixty-day surrender of the tobacco permit on behalf of of DeliMart
Properties Inc., dba Deli Mart #1.
Resolution No. 19-184
Page 2
Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's
Office, which will then provide a copy of the same to the retail cigarette permit holder via
regular mail sent to the permit holder's place of business as it appears on the application
for a retail cigarette permit.
Passed and approved this 16 day of July 2019.
4:�� /
Mayor
Approved by
Attest:
Cit Clerk City Attorney's Office
It was moved by Mims and seconded by Teague the
Resolution be adopted, and upon roll call there were:
Ayes:
x
x
Nays:
Absent
Cole
Mims
x Salih
Taylor
Teague
Thomas
Throgmorton
Item Number: 7.a.
®I CITY OF IOWA CITY
u►
�� COUNCIL ACTION REPORT
July 16, 2019
Resolution setting public hearing for August 6, 2019 on a proposal to convey
225 and 229 N. Gilbert Street to Public Space One.
Prepared By: Erika Kubly, Neighborhood Services Coordinator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
C•uu My 0111111100/_1
Attachments: resolution
Executive Summary:
On July 16, 2019, City Council will set a public hearing for August 6, 2019 to consider a resolution
authorizing the conveyance of 225 and 229 N. Gilbert Street. The City purchased the two homes
from Mercy Hospital with the intention of preserving the two structures and were originally
considered for the UniverCity program. With the goal of preserving the homes, the City is
pursuing a historic landmark designation for both. Due to the location of the homes and the
surrounding commercial uses, the City wanted to determine the demand for retail, office and
community arts and culture uses for these properties. After a Request for Proposals was
released to the community, Public Space One responded and signed a purchase agreement to
acquire both homes as community art space for exhibitions, education and other events as well as
a community print studio and individual artist studios.
Background /Analysis:
The City purchased the homes for $435,000 ($185,000 for 225 N. Gilbert and $250,000 for 229
N. Gilbert) and will sell the homes for $471,355 ($203,177 and $268,178 respectively). Much like
the UniverCity program, the buyer pays for the initial purchase price and all carrying costs such as
taxes, interest, utilities, and lawn maintenance. The combined assessed value of the homes is
$470,120. The City will provide downpayment assistance of $116,000 ($58,000 per home).
Public Space One preferred downpayment assistance over direct rehabilitation assistance to
allow it to acquire the properties for $355,355. The non-profit organization intends to rehabilitate
both homes and supports the historic designation of the homes.
The purchase agreements are attached to the resolution and provide that the City has the right of
first refusal for 15 years, meaning that If Public Space One wishes to sell either house, the City
has the right to purchase for the same price. Additionally, because of the $58,000 in down
payment assistance, the purchase agreement provides that the City will receive 25% of the net
sale proceeds if the house is sold during the 15 years (and the City does not exercise its right to
purchase it).
225 North Gilbert Street is a vernacular home with Folk Victorian detailing originally built in 1904.
While the original front porch has been removed, and the rear porch partially enclosed, the exterior
trim and millwork exhibit typical cottage treatment found in Iowa City Folk housing.
229 North Gilbert Street is a Queen Anne Victorian built in 1897. While existing vinyl siding
obscures many of the Victorian details, the house remains mostly unaltered both inside and out.
On the interior, historic wallpaper in good condition exists alongside original trim and stained glass
windows. The house was built by prominent local builder, Jacob Hotz, and featured in a
promotional publication titled, the Commercial Magazine, in 1898.
The homes are located in an area surrounded by commercial uses. The renovated homes will be
an asset to the neighborhood as well as support arts and culture in our community.
ATTACHMENTS:
Description
Resolution
Agreements
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No. 19-185
Resolution setting a public hearing for August 6, 2019, on a proposal
to convey 225 and 229 N. Gilbert Street to Public Space One.
Whereas, the City purchased the single-family homes at 225 and 229 N. Gilbert St. as part of
the UniverCity program;
Whereas, due to the location of the homes and the surrounding commercial uses, staff wanted
to determine the demand for retail, office and community arts and culture uses for these
properties;
Whereas, after a Request for Proposals was released to the community, Public Space One
responded and signed the attached purchase agreements contingent on Council approval to
acquire both homes as community art space for exhibitions, education and other events as well
as a community print studio and individual artist studios;
Whereas, the sale price is $203,177 for 225 N. Gilbert and $268,178 for 229 N. Gilbert (for a
total of $471,355), which is based on the price the City paid to acquire the homes ($185,000 for
225 N. Gilbert and $250,000 for 229 N. Gilbert for a total of $435,000) plus the City's expenses
incurred since acquisition (e.g., taxes, interest, utilities, and lawn maintenance);
Whereas, the combined assessed value of the homes is $470,120;
Whereas, in consideration for the City providing downpayment assistance of $116,000 ($58,000
per home) for 15 years, the City will have the right of first refusal and the right to 25% of the net
sale proceeds if the house is sold (and the City does not exercise its right to purchase it); and
Whereas, Council should hold a public hearing on the proposed conveyance.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The City Council does hereby declare its intent to convey two single-family homes located
at 225 and 229 N. Gilbert St., Iowa City, Iowa to Public Space One for a total of $471,355
($203,177 and $268,178 respectively).
2. A public hearing on said proposed agreements, which are attached to this resolution,
should be and is hereby set for August 6, 2019 at 7:00 p.m. in Emma J. Harvat Hall of City
Hall, 410 E. 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. The City Clerk is hereby
directed to cause notice of public hearing to be published as provided by law.
Passed and approved this 16th day of
2019.
/-. ;V7�z7
G.
Ma or
APP ve b
Attest:, � "
City Clerk City Attorney's Office
Resolution No. 19-185
Page 2
It was moved by Mims and seconded by Teague the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Cole
x Mims
_ x Salih
x Taylor
x Teague
x Thomas
x Throgmorton
Drafted by: Susan Dulek, Ass'l. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/356-5030
PURCHASE AGREEMENT
TO: City of Iowa City, Iowa (herein "Seller" or "City")
Public Space One (herein "Buyer") hereby offers to buy, and the undersigned Seller, by its
acceptance of this Agreement, agrees to sell the real property situated in Iowa City, Johnson County,
Iowa, locally known as 225 N. Gilbert Street, Iowa City, Iowa and legally described as The according
to recorded plat thereof, together with all the Seller's right, title and interest in all. buildings and
improvements, if any located on the above-described real estate, and subject to any easements and
appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances,
reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The
entirety of the above-described interests being conveyed shall hereinafter be referred to as the
"Property".
The Property shall be conveyed with good, clear and marketable title, subject to the following
Permitted Exceptions:
1. Zoning and building laws and ordinances; and
2. covenants, restrictions, reservations and easements of record approved by Buyer.
In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as
follows:
1. PURCHASE PRICE. The Purchase Price for the Property shall be $203,177, to be paid in full
at the time of closing, all title objections being corrected to show marketable title.
2. REAL ESTATE TAXES. Seller shall pay the prorated share, based upon the date of closing, of
the real estate taxes for the fiscal year in which closing occurs, due and payable in the subsequent
fiscal year, and all unpaid taxes for prior years. The amount shall be calculated based upon the
assessed valuation, legislative tax rollback and real estate tax exemptions that may be applicable to and
used for the calculation of taxes payable in the fiscal year commencing July 1, 2019. If, at the time of
closing, the tax rate has not been certified, then the most current certified tax rate shall be used.
3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have
been certified to the Johnson County Treasurer for collection before the Closing date. All charges for
solid waste removal, sewage and maintenance that are attributable to Seller's possession, including
those for which assessments arise after closing, shall be paid by Buyer. Any preliminary or deficiency
assessment which cannot be discharged by payment shall be paid by Buyer through an escrow account
with sufficient funds to pay such liens when payable, with any unused funds returned to Buyer.
4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the
Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing
insurance until closing or possession, whichever first occurs. Buyer may also insure the Property prior
to closing or possession. The Property shall be preserved in its present condition, ordinary wear and
tear excepted, and Seller shall deliver it intact at the time the Buyer takes possession. Prior to the
Buyer taking possession, Seller shall promptly give written notice to the Buyer of any loss or damage
to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer
(00285238)
shall have the option to terminate this Agreement effective immediately. However, in the case of loss,
damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall
have the option to either 1) take possession of the Property and accept an assignment of all Seller's
right, title and interest in and to any claims Seller has under the insurance policies covering the
Property; or 2) terminate this Agreement effective immediately.
5. POSSESSION AND CLOSING. If Seller timely performs all obligations, possession of the
Property shall be delivered to Buyer on August 12, 2019, and any adjustments of rent, insurance, taxes,
interest and all charges attributable to the Seller's possession shall be made as of the date of closing.
Closing shall occur after approval of title by Buyer's attorney and vacation of the Property by Seller.
Seller agrees to permit Buyer to inspect the Property within 48 hours prior to closing to assure that the
premises are in the condition required by this Agreement. If possession is given on a day other than
closing, the parties shall make a separate agreement with adjustments as of the date of possession.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are
specifically adapted to or are a part of the real estate, whether attached or detached, such as: fencing,
gates, bushes, trees, shrubs and plants.
7. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to
the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's
attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement,
Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every
reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide
marketable title, this Agreement shall continue in force and effect until either party rescinds the
Agreement after giving ten days written notice to the other party. The abstract shall become the
property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional
abstracting and title work due to any act or omission of Seller, including transfers by or the death of
Seller or their assignees.
8. SURVEY. Buyer, at Buyer's expense, may have the Property surveyed and certified by a
Registered Land Surveyor. If the survey shows any encroachment on the Property or if any
improvements located on the Property encroach on lands of others, the encroachments shall be treated
as a title defect. If the survey is required under Chapter 354, Buyer shall pay the cost thereof.
9. CONDITION OF PROPERTY. Buyer may, at its sole expense, have the Property
inspected by a person or persons of its choice to determine if there are any structural,
mechanical, plumbing, electrical, environmental, or other deficiencies on the Property. In the
event any structural, mechanical, plumbing, electrical, environmental, or other deficiencies are
discovered on the Property and the cost to remove them is in excess of $2,000.00, Buyer shall
have the option to terminate this Agreement effective immediately. In the event the cost to
remedy the structural, mechanical, plumbing, electrical, environmental, or other deficiencies
on the Property is $2,000.00 or less, the cost to remove them shall be borne solely by Buyer.
10. ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of its knowledge and belief
that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or
underground storage tanks located on the Property, the Property does not contain levels of radon gas,
asbestos or urea-formaldehyde foam insulation which require remediation under current governmental
standards, and Seller has done nothing to contaminate the Property with hazardous wastes or
substances. Seller warrants that the Property is not subject to any local, state, or federal judicial or
administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal
(00285238)
sites, hazardous wastes or substances, or underground storage tanks. (b) Buyer may, at its expense,
within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person
qualified to analyze the existence or nature of any hazardous materials, substances, conditions or
wastes located on the Property. in the event any hazardous materials, substances, conditions or wastes
are discovered on the Property and the cost to remove them is in excess of $5,000.00, Buyer shall have
the option to terminate this Agreement effective immediately. In the event the cost to remove the
hazardous materials, substances, conditions or wastes on the Property is $5,000.00 or less, the cost to
remove them shall be home solely by Buyer.
11. DEED. Upon payment of the purchase price, Seller shall convey the Property to Buyer by
Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this
Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens
or encumbrances suffered or permitted by Buyer.
12. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used
to pay taxes and other liens and to acquire outstanding interests, if any, of others.
13. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller
may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited;
or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire
balance because of Buyer's default (during which thirty days the default is not corrected), Seller may
declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed
in equity and the Court may appoint a receiver.
B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made
returned to them.
C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in
equity available to them and shall be entitled to obtain judgment for costs and attorney fees as
permitted by law.
14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it
is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties
at the following addresses: Seller, City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa
52240; Buyer, % David Bright, 425 E. Oakdale Blvd. Suite 201, Coralville, IA 52241.
15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be
of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or
a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors
in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for
convenience of reference and shall not limit or affect the meaning of this Agreement. Words and
phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or
neuter gender according to the context.
16. CITY COUNCIL APPROVAL. This agreement is subject to approval by the City Council of
Iowa City as required by Section 364.7 of the Code of Iowa.
17. RIGHT OF FIRST REFUSAL. During the period from closing to August 1, 2034 ("15 -year
period"), Buyer grants to City a right of first refusal to purchase the Property, all upon the same terms
and conditions as City has determined that Buyer is prepared to accept from a bona fide purchaser. In
the event Buyer receives such a bona fide offer to purchase which Buyer intends to accept, then Buyer
(00285238)
shall deliver to City written notice of such offer, including a copy of the offer, and stating Buyer's
intention to accept the same. City shall have fifteen (15) days from the date Buyer gives notice to City
of such bona fide offer within which to notify Buyer that City desires to purchase the Property all upon
the same terms and conditions as set forth in the bona fide offer. If City fails to notify Buyer within
such fifteen (15) day period of City's intention to purchase the Property on the same terns and
conditions as set forth in the bona fide offer, then, in that event, this right of first refusal shall
terminate and Buyer shall have the right to sell the Property to the bona fide offeror upon the terms and
conditions set forth in the bona fide offer. In the event that Buyer does not sell the Property to the
bona fide offeror, and that transaction is abandoned, then this right of first refusal shall be reinstated as
to subsequent offers received by Buyer during the 15 -year period. if City does elect to exercise City's
right of first refusal to purchase the Property on the same terms and conditions as set forth in a bona
fide offer, then, in that event, Buyer shall in fact be obligated to perform as set forth in the bona fide
offer according to the same terms and conditions as set forth in the bona fide offer. This right of first
refusal shall expire at the end of the 15 -year period iflhe same has not sooner been exercised by City.
18. 229 N. GILBERT ST. This Agreement is contingent on the parties entering into a purchase
agreement for 229 N. Gilbert Street, Iowa City, Iowa and City conveying to Buyer 229 N. Gilbert
Street, which is legally described as: The North Fifty Feet of Lot One (1), Block Fifty -Eight (58), in
Iowa City, Iowa, according to the recorded plat thereof.
19. FORGIVEABLE LOAN/RE-SALE. If Buyer sells the Property during the 15 -year period
either to City as provided in Paragraph 17 herein, or to a bona fide purchaser, Buyer shall pay City at
closing twenty-five percent (25%) of the net sale proceeds but in no event to exceed $58,000, which
reflects the $58,000 in financial assistance provided by City to Buyer to acquire and rehabilitate the
Property. Net sale proceeds means the sale price less Buyer's primary loan pay-off, real estate taxes,
transfer tax, and any broker's commission. At or before closing, Buyer shall execute a promissory
note for said forgivable loan and grant to Seller a mortgage, which will be junior to Buyer's primary
mortgage, to secure said note.
20. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not
accepted and delivered to Seller on or before 2019, at
_.m., this Agreement shall be null and void and all payments made shall be returned immediately to
Buyer.
This Offer is presented to the Seller on
2019.
BUYER-PUBLI PACE ONE
BY:
n �
Accepted this day of
Geo ruin
City Man er (SELLER)
(00285238)
2019 at I?:/�— —& M.
Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030
PURCHASE AGREEMENT
TO: City of Iowa City, Iowa (herein "Seller" or "City")
Public Space One (herein "Buyer") hereby offers to buy, and the undersigned Seller, by its
acceptance of this Agreement, agrees to sell the real property situated in Iowa City, Johnson County,
Iowa, locally known as 229 N. Gilbert Street, Iowa City, Iowa and legally described as The according
to recorded plat thereof, together with all the Seller's right, title and interest in all buildings and
improvements, if any located on the above-described real estate, and subject to any easements and
appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances,
reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The
entirety of the above-described interests being conveyed shall hereinafter be referred to as the
"Property".
The Property shall be conveyed with good, clear and marketable title, subject to the following
Permitted Exceptions:
1. Zoning and building laws and ordinances; and
2, covenants, restrictions, reservations and easements of record approved by Buyer.
In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as
follows:
1. PURCHASE PRICE. The Purchase Price for the Property shall be $268,178, to be paid in full
at the time of closing, all title objections being corrected to show marketable title.
2. REAL ESTATE TAXES. Seller shall pay the prorated share, based upon the date of closing, of
the real estate taxes for the fiscal year in which closing occurs, due and payable in the subsequent
fiscal year, and all unpaid taxes for prior years. The amount shall be calculated based upon the
assessed valuation, legislative tax rollback and real estate tax exemptions that may be applicable to and
used for the calculation of taxes payable in the fiscal year commencing July 1, 2019. If, at the time of
closing, the tax rate has not been certified, then the most current certified tax rate shall be used.
3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have
been certified to the Johnson County Treasurer for collection before the Closing date. All charges for
solid waste removal, sewage and maintenance that are attributable to Seller's possession, including
those for which assessments arise after closing, shall be paid by Buyer. Any preliminary or deficiency
assessment which cannot be discharged by payment shall be paid by Buyer through an escrow account
with sufficient funds to pay such liens when payable, with any unused funds returned to Buyer.
4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the
Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing
insurance until closing or possession, whichever first occurs. Buyer may also insure the Property prior
to closing or possession. The Property shall be preserved in its present condition, ordinary wear and
tear excepted, and Seller shall deliver it intact at the time the Buyer takes possession. Prior to the
Buyer taking possession, Seller shall promptly give written notice to the Buyer of any loss or damage
to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer
{00285239}
shall have the option to terminate this Agreement effective immediately. However, in the case of loss,
damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall
have the option to either 1) take possession of the Property and accept an assignment of all Seller's
right, title and interest in and to any claims Seller has under the insurance policies covering the
Property; or 2) terminate this Agreement effective immediately.
5. POSSESSION AND CLOSING. If Seller timely performs all obligations, possession of the
Property shall be delivered to Buyer on August 12, 2019, and any adjustments of rent, insurance, taxes,
interest and all charges attributable to the Seller's possession shall be made as of the date of closing.
Closing shall occur after approval of title by Buyer's attorney and vacation of the Property by Seller.
Seller agrees to permit Buyer to inspect the Property within 48 hours prior to closing to assure that the
premises are in the condition required by this Agreement. If possession is given on a day other than
closing, the parties shall make a separate agreement with adjustments as of the date of possession.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are
specifically adapted to or are a part of the real estate, whether attached or detached, such as: fencing,
gates, bushes, trees, shrubs and plants.
7. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to
the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's
attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement,
Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every
reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide
marketable title, this Agreement shall continue in force and effect until either party rescinds the
Agreement after giving ten days written notice to the other party. The abstract shall become the
property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional
abstracting and title work due to any act or omission of Seller, including transfers by or the death of
Seller or their assignees.
8. SURVEY. Buyer, at Buyer's expense, may have the Property surveyed and certified by a
Registered Land Surveyor. If the survey shows any encroachment on the Property or if any
improvements located on the Property encroach on lands of others, the encroachments shall be treated
as a title defect. If the survey is required under Chapter 354, Buyer shall pay the cost thereof.
9. CONDITION OF PROPERTY. Buyer may, at its sole expense, have the Property
inspected by a person or persons of its choice to determine if there are any structural,
mechanical, plumbing, electrical, environmental, or other deficiencies on the Property. In the
event any structural, mechanical, plumbing, electrical, environmental, or other deficiencies are
discovered on the Property and the cost to remove them is in excess of $2,000.00, Buyer shall
have the option to terminate this Agreement effective immediately. In the event the cost to
remedy the structural, mechanical, plumbing, electrical, environmental, or other deficiencies
on the Property is $2,000.00 or less, the cost to remove them shall be borne solely by Buyer.
10. ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of its knowledge and belief
that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or
underground storage tanks located on the Property, the Property does not contain levels of radon gas,
asbestos or urea-formaldehyde foam insulation which require remediation under current governmental
standards, and Seller has done nothing to contaminate the Property with hazardous wastes or
substances. Seller warrants that the Property is not subject to any local, state, or federal judicial or
administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal
(002852391
sites, hazardous wastes or substances, or underground storage tanks. (b) Buyer may, at its expense,
within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person
qualified to analyze the existence or nature of any hazardous materials, substances, conditions or
wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes
are discovered on the Property and the cost to remove them is in excess of $5,000.00, Buyer shall have
the option to terminate this Agreement effective immediately. In the event the cost to remove the
hazardous materials, substances, conditions or wastes on the Property is $5,000.00 or less, the cost to
remove them shall be home solely by Buyer.
11. DEED. Upon payment of the purchase price, Seller shall convey the Property to Buyer by
Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this
Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens
or encumbrances suffered or permitted by Buyer.
12. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used
to pay taxes and other liens and to acquire outstanding interests, if any, of others.
13. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perforin this Agreement, Seller
may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited;
or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire
balance because of Buyer's default (during which thirty days the default is not corrected), Seller may
declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed
in equity and the Court may appoint a receiver.
B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made
returned to them.
C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in
equity available to them and shall be entitled to obtain judgment for costs and attorney fees as
permitted by law.
14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it
is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties
at the following addresses: Seller, City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa
52240; Buyer, % David Bright, 425 E. Oakdale Blvd. Suite 201, Coralville, IA 52241.
15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be
of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or
a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors
in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for
convenience of reference and shall not limit or affect the meaning of this Agreement. Words and
phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or
neuter gender according to the context.
16. CITY COUNCIL APPROVAL. This agreement is subject to approval by the City Council of
Iowa City as required by Section 364.7 of the Code of Iowa.
17. RIGHT OF FIRST REFUSAL. During the period from closing to August 1, 2034 ("15 -year
period"), Buyer grants to City a right of first refusal to purchase the Property, all upon the same terms
and conditions as City has determined that Buyer is prepared to accept from a bona fide purchaser. In
the event Buyer receives such a bona fide offer to purchase which Buyer intends to accept, then Buyer
{00285239)
shall deliver to City written notice of such offer, including a copy of the offer, and stating Buyer's
intention to accept the same. City shall have fifteen (15) days from the date Buyer gives notice to City
of such bona fide offer within which to notify Buyer that City desires to purchase the Property all upon
the same terms and conditions as set forth in the bona fide offer. If City fails to notify Buyer within
such fifteen (15) day period of City's intention to purchase the Property on the same terms and
conditions as set forth in the bona fide offer, then, in that event, this right of first refusal shall
terminate and Buyer shall have the right to sell the Property to the bona fide offeror upon the terms and
conditions set forth in the bona fide offer. In the event that Buyer does not sell the Property to the
bona fide offeror, and that transaction is abandoned, then this right of first refusal shall be reinstated as
to subsequent offers received by Buyer during the 15 -year period. If City does elect to exercise City's
right of first refusal to purchase the Property on the same terms and conditions as set forth in a bona
fide offer, then, in that event, Buyer shall in fact be obligated to perform as set forth in the bona fide
offer according to the same terms and conditions as set forth in the bona fide offer. This right of first
refusal shall expire at the end of the 15 -year period if the same has not sooner been exercised by City.
18. 225 N. GILBERT ST. This Agreement is contingent on the parties entering into a purchase
agreement for 225 N. Gilbert Street, Iowa City, Iowa and City conveying to Buyer 225 N. Gilbert
Street, which is legally described as: The North 55 feet of the South 100 feet of Lot One and the East
10 feet of the South 60 feet of Lot 2, all in Block Fifty -Eight, in Iowa City, Iowa, according to the
recorded plat thereof.
19. FORGIVEABLE LOAN/RE-SALE. If Buyer sells the Property during the 15 -year period
either to City as provided in Paragraph 17 herein, or to a bona fide purchaser, Buyer shall pay City at
closing twenty-five percent (25%) of the net sale proceeds but in no event to exceed $58,000, which
reflects the $58,000 in financial assistance provided by City to Buyer to acquire and rehabilitate the
Property. Net sale proceeds means the sale price less Buyer's primary loan pay-off, real estate taxes,
transfer tax, and any broker's commission. At or before closing, Buyer shall execute a promissory
note for said forgivable loan and grant to Seller a mortgage, which will be junior to Buyer's primary
mortgage, to secure said note.
20. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not
accepted and delivered to Seller on or before 2019, at
.in., this Agreement shall be null and void and all payments made shall be retuned immediately to
Buyer.
This Offer is presented to the Seller on
2019.
BUYER -P LI PACE ONE
BY:
Accepted this //f day of Ja
City ManaKr(SELLER)
2019 at
(002852391
� AM.
10.&` 10,b
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the 61^
day of August, 2019, at 7:00 p.m. in the Emma
J. Harvat Hall of the Iowa City City Hall, 410 E.
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; at which hearing the Council will consider
a Resolution Authorizing Conveyance of 225 N.
Gilbert St. and 229 N. Gilbert St. to Public
Space One.
A copy of the proposed resolution is on file
for public examination in the office of the City
Clerk, City Hall, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
KELLIE K. FRUEHLING, CITY CLERK
Item Number: 11.
®I CITY OF IOWA CITY
u►
�� COUNCIL ACTION REPORT
July 16, 2019
Resolution approving the conveyance of a utility easement to Central Iowa
Power Cooperative.
Prepared By: Ron Knoche, Public Works Director
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: $31,104.00
Recommendations: Staff: Approval
C •uu •1 ►/_1
Attachments: Location Map
Resolution
Easement Agreement
Executive Summary:
Central Iowa Power Cooperative desires to install an electrical transmission line within City of
Iowa City property located at the Iowa City Landfill. The fair market value of the property was
determined by utilizing the most recent corn suitability rating data. Staff has negotiated the terms
and payment for the utility easement to be paid by the Central I owa Power Cooperative.
Staff recommends approving the resolution on the conveyance of the utility easement.
Background /Analysis:
In 2018, JCG Land Services, Inc. contacted the City on behalf of the Central Iowa Power
Cooperative. Central Iowa Power Cooperative will be upgrading their electrical distribution by
constructing the Linn County Loop project. This project will be constructed along the east
property line and a small portion of the north property line of the Iowa City Landfill and will not have
an impact on the Landfill operations.
The Linn County Loop double circuit transmission line will begin at the future Johnson Substation
near Hills, IA and will run through the future Clear Creek Substation near Tiffin and terminate at the
future Swan Lake Substation west of North Liberty. This new transmission source is needed in this
area because of the faster than normal growth in the Iowa City, Tiffin, Coralville and North Liberty
areas over the last 15-20 years. The current system has virtually no backup capacity because of
the growth in the area. For residential and commercial growth to continue with a reliable electrical
source, this new line needs to be built. It will provide more reliable service to customers of Alliant
Energy, Linn County REC and Eastern Iowa Light & Power Cooperative. All three of these
distribution services provide service to customers in and around Iowa City.
This utility easement will allow the Central Iowa Power Cooperative to install, operate and maintain
an electrical transmission line within the Iowa City Landfill property.
ATTACHMENTS:
Description
Location Map
Resolution
Easement Agreement
/
Thls drawing shall be used
50' X 5U'
solely for easement description
purposes and thus may only be
relied upon for such purpose.
Said Easement Contains:
167,248 Sq. Feet +/-
City of Iowa City
3
PIN: 1114151001
v
Q
2
City of Iowa City
PIN: 1114176100
50' --► �
City of Iowa City
PIN: 1114426001
410 E Washington Street
Iowa City, Iowa 52240
50'—► �
Section 14
T79N-R07W
Johnson County, IA
Exhibit A
1in=500 ft
® Easement Area
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No. 19-186
Resolution approving the conveyance of a utility easement to Central Iowa
Power Cooperative
Whereas, Central Iowa Power Cooperative (CIPCO) has requested that the City convey to it a utility
easement and has offered to purchase the easement at fair market value; and
Whereas, Staff recommends approval of the conveyance; and
Whereas, it is in the public interest to convey the easement pursuant to the attached right-of-way
easement agreement for fair market value; and
Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that:
1. The Mayor and City Clerk are hereby authorized to execute and attest the attached right-of-way
easement agreement and all other documents, in a form approved by the City Attorney,
necessary to convey a permanent utility easement to CIPCO for the price of $31,104.00.
2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the
conveyance as required by law, and to have any and all necessary documents recorded with
the Johnson County Recorder at CIPCO's expense.
Passed and approved this 16th day of Jul
Attest: JZ
City Jerk
2019
A��-
MeKyor
Approved -
�`}� Jd�- 0 -
City Attorney's Office
It was moved by Mims and seconded by
adopted, and upon roll call there were:
Ayes:
X
X
X
x
X
X
Nays:
Cole
Absent:
Cole
the Resolution be
Mims
x Salih
Taylor
Teague
Thomas
Throgmorton
H.
This dozumeul was prepared 0 and after recording return to: Daniel I Kaahuot_ Central Iowa Porter I'ooperatlre,
"UU Highwao WE. P.to Be, 251 T ( ,I IA 3406 10 0111) 06 151 '
RIGHT-OF-AA'AI EASEMENT AGREEMENT
I I IIS t,CRLLN1LN I. made and entered Aw this da) at a 0 7 j bs and
bancen Uty of loma C in, a a ( An of t CM Imra. It ILIA to amps ,allU tug pt tperty In
lohnson Counts,lotto(haoinaNN "(Planners') and CENTRAL IOW A VIIA I. R COOPERATIV E. an
Iossa coopsam e enrporatiou ss ith [1, princiry 1 place of business In Cedar Rapids. l'A' d i l crclnIIIIa
A vopen stive"1:
WITNESSE fbi
WI ICCOudl A the rein esmle in lohnson County. We,
Netathed as:
The Soulhaes[Quarter ISL:aI and the Soulhweel QumLei SW /,l of Me Northeast Quarter
i NL =t eacepling therefrom the tolloIs ins, described real estate, to -I,, it: Commencing x Itis
Smtthweer comer, Ili the Northcen Quarter of Section 13, Tcnsnship 79 Not RaI1p,C 7 West
of the 5°Piincipal Muidrw; thence N n0 00- 00" I.. (an assumed bsanas) along the West
line of sold Northeast Quarter 121637 lett. to the Sorthsecsl not mer optic Southwest Quarter
of said Noithaaat Quarter of Scctlon 14; thence A' S7 IT 2i I._ 0, AN tea to the Pollll of
Hcsinning: Area N 89` 7' 25- F. 12n1 71 ON along the Norre line of said Southsast
Quaren. to the Non(hCaSL Moet of said Southwest Qu seta, I the'Nort heart Quarles, of sold
,en lon 11 thence S NI' Oa 7c' NV. 642.99 feet clung the East true of said Outhu'IV Quarter
ofthe Northeast Quartet of SCCtloll 14; thence S 39' 28' 71 W', I -'6d `0 IeCt; thence A' No'
00' M- E. 683.83 feet to the Pnlnt vC Revinniml. Said "n of land contains "u (I6 cans mar:
I)] loss, suh'Icct to casnllaAl and resrtmGons d record. All ofthe chose being located in
Section I. Township 79 North, Range 7 West of the 5" PAY lohnson Counts. Iowa: AND
comrnendns at the Southset Corner of the Notdteast Quarter A Section 13, 1 est why 79
Nosh, Range 7 "Qst of the 5" P_A1 (he the purpose W the Iegnl linai"011, the west line A
:old Noltheo_t Quar®r is assuntecl to hear North)'. Thence Notch 89' ki 52" E, 13095 I fest
along the OUT Iine of said Northeast Quarter, to the NMI," state Corner otitic Southeast
Quarter ol'wid Northaast Quarter of SWLIOU Id, which is the Point-of-Iie.eluni i:,. 'I hcncc
Nook W 0. 45' 1 . 350.00 On alone the West l rte 0 w Soullmn Quarter nfthe Northam)
Quartar of Section IN_ I hence North 8Y' 15' 1" "E 200 test. Thence South U r OS' 45" W.
110.00 feel to the South Ihtc ofsaid Southeast Qunner of the Norlhcast Quartet of Section Id
Thence South 89` I T 10 In AM 00 ON along said South lino to the Point-nt-6epinning.
Slid ran of lain coutalmT apiNUMAtately 1 6 acres, .AND cnmmenciug al the SAN corner
of the SE qutrtcr of the NE gmin M Scctlon 17, 179N, 127 W. W dee `^' RM: thence N X9`
I -' S_" E, 20000 feet to the point of beginning: thence N or 0 d5" E, 50,00 ten. tlmucc N
8)' IS 0- F, 4 109.59 ko to a point to ttc East line )f,aid SE quarter of itis NF quarter,
thence S Ila 11 31` IN, 50 00 reel In the SE corner of the NE quarter of Section A Ounce S
80 15 s„' In 1,I193l Icct to the Point of B2 Annual, Said tract otland contains I ' 7 acres
mote or less, aNII a part of the l(nrtheavl `t of the Nt olwast -I, Semon 14,'1 nwnship 7p
north. Purge 7 he” of the I iT 'nwipal Meridian, lohnson Conn, lotto tw'ther dascrlbed
is tdloscs- ( "ninienc'mgm rho Suutheust Can. AAM Nonhea a Quartet Section N,
Township 71) Korth_ Range 7 AVCS( ofrho FAA Pon ipal M ndien, Johnson Caluly Iowa;
Thence N Al 08 4K L 5"6 fat along the cu'I line at Soutlledel /I Northeast ,said
Section 14 to the point of heoinning_ I Bance N 89' IT 34 W 1101) Al fee r, 'I hence N 00' 12
4t I "'99510 on: I lmnu S Y9' 14' 28 111 30(1.7^_ test to the ¢'est Iine of the Southeast' I
Nenthc,AA I ofsaid Ssction 14, Thane V 00' 01 -10' I, 307J7 1', a clan,' the west Are Of the
o(NiffiClot I Noilhcast '. of said Al the Korth Are of the South ''S of the SoLlIhn<1 %NOrlha A,L
, still Section 14: 1hcnce N 89' 1 N 'T 1. 1310.43 feet along the Nathline of III. South '-= of
the Soulhoa>t Il Nnrthda,l il to the Lost Iine of the Southeast 1a 1 still Section 13:
Ihence S i)i fit 4, R h0 c.s5 Ieet along the Best line of che:nnlheast Ncrthoa.t I,, sold
Section 11 to the paint of beginnine. Containing 15 90 acral nous m Ies6. for the purpose 1f
this Ic_al descripl Ion the east lie of the Northeast lection 11 a .usumod w Fell N 00° OS
Is E; AND the north n+urn roes of the aouthmcst quarter of the nsrthesst quarto of Sedan
14 1 olvnshife 79 North, Range 7 Rest of dic j1' P M , luhnaon County, lolva-
and,
WIIEREAS. Cooperative desires to obtain or permanent easement from Grantors ,,era 1110111111 of
the .1,,critrod property. and to eonIli LI opatate, and maintain sn elcLII to Irmvnfission lute anT'or 5y5teIII
wind uppuricnent Iaullnel on said property, and Gi w1oro etc willing 11 _rant such on casement for said
purposes incl,
9dHERE S (Itintor and Coaperstne desire to set lot th in this Aateemenr the alts and
candttinns pursuanl to which Chant tsshall ,tantto Coope atvc an enscmcnt oyer the des iloud
It[ opere_
I l Is, TI IERE GORGol L)NS WkR 1l 10, Of TI IE %IIITI.AL CCMI HANTS I IFREIN
IAPRI SSF:1), AGRFFD 61' AND BET \ATI sl I HId 1'rARI IFS 1S FOLD-Ak S_
I _ (-limon II reh1 _rant to C ooI'erotive ItIuccessots anCTO I esslgns, a pennanenl and perpetIIaI
eisemcnI over the properg' Jesnri lied as Id ov.s'.
d strip o lend RiIty (CO) teet in It dth Itill rmg coimc1Ill, III oath !1110 Nast Ilse otthe SUUII0atio Quarter
(Si I II oI the Noi Ieast 0u,ukr (NL I; of Section Fctutecn (I I o I u,,mhlp Severin -nine (79)
North, Range n (7) R est(If the filth Principal EIC IIdiin. Johnson C. iInIILy_ 11,,9.
A strip of IarIJ Filh IIf) teet in width lamina commilc t frith the Fast Ilnc of the Southeast Quarter
SI 1 o ofScetton Fourteen ( I1), Township CIIeIItV-niIle 170) Nolh, Range Seven 1 _1 West of the
Fifih Pr'mcipal Meridian, Johnson County. IOIos.
Ili, East Pile r `I0I teat of the North Pilly (sill feet atthe Soudnvicet QIMITC[ I Sti' -It otthe
Northrtsl Qu ntet fNP_<p of ticcLion Naurtccn (11),"I ull nshrp Se<cnly-niIle (791 North Range
ern it f7) N est of IIle 511111 Principal Met diaa Iohncon Counts, lot.va.
m
to construct. erect recnnsn'uct. cold ut, relocate, lehuild, m tdifv. ehonga [dating volae ilplace. repair,
panel. operate eutd nutntsin on the shove described lairlk overhead }stem for trouvntvvlon of cloctlic
ever',, data andlor communications which mal include, but 11111 be IIIl11Ied to conduetot eahlcs, sails
wit Cs, ge} wires. IIbet optic IlFIee_ anchors, poles_ lard e asscmhlies end other Ile CC SIX appu rte hent
faalmes ns nral he leceaan in order l0 propel I support operate, Ind maintain said lines;w.ranu.
across 0110 above described land,- Cooperalle shall rete the right to Ikensc, permit 0r whetv,lsc agree to
rhe 'Joint use of the uahl� planted hereln cs'Irhiu rhe Easement ,Area. I he ( opartlie,o 'hall diva rhe
Grantors Glc dal, nonce. e,tcludlna Sntll'JIC and SanJa1. phot to agreeing to liceming, per nlittl ng or
aLJICJ oinc use o!t he 11`1111 ssranted.
All lacihtits placed by e x perative m the casement Ilea shall tre otyrted by and remain the
propcnv nt Coopunthe_
_. Cooperati" shall consnuU, operate, '1111 maintain the trtns missl sn Imel and appurlenant
tadillties 'm accord i\in the requirements ul the Nacional Flectric Sar,i� Code, the Iowa I Ionic Safer,
Code. and the Rules and Regulations ul the 11111LI ULIIIIIe> Road.
-1. Cooperatn'c shall hnve the right to cut and trim tines and shrubbcr_, IN lthin the casement gree and
III m,e chemical harsh control pmlcdures to the euenc aeLeS'ar1'sothe1 will not 'interfere 111th or
endyn ucr the operator: or maintenance of the transmission Imo hooted nr to he l ICaJNT on the properh
and t0 cur down Rom title to tilt e all dead. weak, leaning r danoefOnS trees Lhal arc rc11 enough to strike
the I'Iles in fallim"
Gramorts agree chatthe}' chill not plass_ or allow to Le plaoctl 'an} FuflJinK. A UCLurC or ohjac of
Inv kind within the casentenl arae mthouc specific Imiten autl'o vatlou Wim ( orperamc the GrnnrOr
retains the right to instill and mountain existing sod future monitoring !yell', m long dim the t1clla JO nal
InLorlcrc 1,111 rhe ca_anrenr m hG.
U. In aJLILion to the easement area daCiit d iu p ml-laph L Grant s Brant to ( oofelam, Ilio right
to elite] upon the propan of (;11,11()l,, in lit der to permit Cooparatic'e to "cess the easement areu end
asho n cunstruction and maintenance work on tae hansmr cion line and appurtaiant Inc I l in,,_'fhc
Coope mtae shall Ln'e the Grantors five dw, notice escluiio, OWN, and Sunday_ prior to
I on4ructoOil ur maintenance. eeec[It fit aucr°en']y SitLnAann, whcio Immediate work is required.
In consideration for the eaeetncnt rights granlal to Cooperate<e putsunntto & v Avie"wnt,
Calfwa nu shall an Grantors the Will easement eom vronvion amount upon grannng Of said COMMA
Said casement I'et mdudas compensation tot the right granted to Cooperative to all and Ann Ecce and
aht utiOn within the easemart can In ttddotimt to said compensation, Cocp olme shall also pay
Granton Wr al damage to the property of Grantors Intl eed be uxnSit Lilt i no, maiatai nen, Icplaeem',
rebuilding. repairing, or rar im.*, sand h'nnernaision line and facilitios. Payinent tot dtmades shall be
made al the completion ol'tile work Imaknmed by Cooperative which 2IUIkLIl in ',Ill] torr),,'. The
Poregoong compeumbon ammmt v based upon thew schedule ofcompcnwhon nraini by the
Cooperative In the well the one oa requited to be reeoas mond w redvTw on such a ", ]hal
additional poles_ anchors, or other appurtenances are placed upon the properly of the Grmlors_ then
additional compensation shtdl be paid to Grnnnts basod upon the schedule of eompcnnffiion maintained
by Cooperative at the time of such mconstniaton or redesign.
8. 1 he eaarucnt ocand hp the .Ap eemem QLA be pCnuauatl and perpclual_ shall he bindeug upon
Grant 1, lilt Co pn"alve, and their rcepeali\e uce essorF, heirs, bamillianes. devisee_ ,ra ucci, lennrls,
and ussun<_ and 111,111 run with the land_
9. Cronaxs shall have the ieghl to cancel thy, lgrocmant by mal Inn to Cooperadre o nolle, of
camellatoon by canted maul, with return re1ITI req wMA w C'oopamine's prencepal plocc of hustle's.
Said notice nuut he received be Cooperu'rve v""n wwn 0 days, exMing Samrda] and Sundae, of
the date ofthes Ag lococnt. Grantors adwolylcJOc that [het have been Infornmd by CoopetnGve of then
IOM m cancel they Agrccurcm an w signing it, and the, hereby acknmt Who, receipt from Conperativc
Of a duplicate copy of ]hes AI_reemunt which they mac use as n Notice of Cancellation." Cooperative
agtecs [hill d s+111 not record this Agreement until after the autcdlation period has expired. This tight of
cancellation maty be csercesed only once fotlhn tian'011,ion line project.
I (I Su bjecl only tithe richt otcancellation set ninth in aunt naph Y tttls Agreement shall be
effect -o upon e-uinnn by the partes, and shall continue in toll force and effect until all of its ICllna and
conditions hnvc bccn flung painnicd.
EXE,( l I FED the daa and Year first (ibo%: written.
(ill VSION
't (In w loa'o Cit, i.k ee t,It, of Inwe ("I), lifntga, a munIcII,aI uvpo'luon
print, James Thro;;morton Prill('. Kellie K. Fruehlinl
11LI c: Mayor
STAT[ OF IOWA )
cOl"AIY f
Till, _. City Cierk
On Chit 1(,-01 daV of 11 L _ 201_ hetore me, the undersigned_ a Nutnn Public in
and for the Shte of Iowa. parssnally appiJ,d AcxMe,, N .M W ✓l for
Cin of lora Ch(e Le City III lots Cilp, 10I a. e munidpel un porntion In i"l, per nalh Mot.n Io be
the person mho e\anuted the tiu,✓oinp inane m,II(. end acl.lo, ledp! 111 tal he erecutecl the same us hl.
YUltm(Al A act dud dcc(l.
.CI#tISn,ENEY
^OL
ewmo Evil"
SIAL[ OI' IOWA )
ss.
COUNTY OF
"NoleO Public ire nod lbrthc
Sla(e ofluwa
Un th is��daN of _. '_(1 N Torr mc. the and rc , n N111,M PUNIC in
and ini the State of lol,a persi ntll dppe red jPl1l P �"`j �(��,(Q � I�"/1 Ihr
Cin Itt I twe Cit, a IF a Cinof Is t a Cit', torr �, a nuIIAlOpel corporation III na to be
file person tcha etewted the foreyoine instrument ani acknowledged thrt he c.ascuted the'anm as his
Yoluuan-v flet and deed.
CHRISTINE OLNEY uhllo In and la%-dr1
C*mmission Number 806272
♦ s
Myo minion Exp Slme'If larva
OR NTFI- C tw[i Pottai Cooperative, au lona coopuallve
Simon �I�� Sion
Prime Pnnl:
I I'Itlz.
9IA IE OF IOWA
I)( IN LIw�
On this S dev of s 1 70_I S. h •fare me the und.rsigned, s Nomn, Public In
and lol the Slate of lona parer nal y Jppraied -b i j3w-nfi t"l
l.CnI1 11 Iowa Prover CoopeILL i ve, an Iowa cooperal ice io me pervonaIIp knotv n to be the person who
cncd orad the lure going' iilcnncnt, end Llcknovled^Cd that c c,ccuted Uae.amc as his rolu111,n act 2nd
deed.
DANIEL KETCNUM
''p�^ cwrmiwan Humter ne��1
tM M/Con mOiap Ezgiva
STATE OF IOWA 1
COLNIY OF
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\nlary Public in and lar the
Stetc of lotca
On this day of . 20 , before me, the Lill, lencd, a NoLJ1v PINK in
and for Iha State of lona, peIsonallr appeared Int
CCnn al Iowa Parc el Couprndve, an lona coopuatne corpnralion m me hei.onaliy kuu.an to ba the
person at ho o,e( wul the fttrclzoing instrument and acknon l dged 01,11 he ezeculed Lhc ssme as his
coluntary as and daed
Nolary PuhGc in and for the
Stale 01 Iurru
NOTICF. OF CANCELLATION
Central Iowa Paver Cooperative
P.O. Bos 2517
CeddII Rapids. Iowa > X106- 7
'IIIc Linde Ii tined hercbs cancel (Itis Aereci nent.
DATFD Bois.
CHN oflowa Cih a/k/a
City of Inrra Cily, lo"A. a nunticil l
corporation
Print
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Prins'
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Prepared by: Eleanor M. Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No.
Resolution of intent to consider the proposed conveyance of a utility
easement to C tral Iowa Power Cooperative a d setting a public hearing
thereon for July 1 2019
Whereas, Central Iowa P er Cooperative (CIPCO) has equested that the City convey to it a
utility easement and has offe d to purchase the easem t at fair market value; and
Whereas, it is in the public intere t to convey a uZlowa
asement to CIPCO for fair market value
Now, therefore, be it resolved by the ity Council City, Iowa, that:
1. The City Council does hereby de tare s intent to consider the conveyance of a utility
easement to CIPCO, subject to a n f -
way easement agreement as attached hereto for
$31,104.00.
2. A public hearing on said proposal ould and is hereby set for July 16, 2019, at 7:00 p.m.
in Emma J. Harvat Hall at City II, 410E t Washington Street, Iowa City, Iowa, or if said
meeting is cancelled, at the ne meeting oft City Council thereafter as posted by the City
Clerk, and that the City Clerk a and is hereby 'rected to cause notice of said public hearing
to be published as provided law.
Passed and approved this / day of
Attest:
City Clerk
It was m
adopted,
Mayor
and seconded by
pon roll call there were:
Ayes: Nays:
city
Absent:
_, 2019
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Cole
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Salih
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Thomas
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This meot wee prepared by and ager recording return to: Daniel T. Ketchum, Central 1 Powereoperative;
1400 hway 13 SE, P.O. Box 2517, Cedar Rapids, IA 52406. Tel. (319) 366-4512 yy W
N
RIGHT-O&WAY EASEMENT AGREE T
THIS A EMENT, made and entered into this day 20_ , by and
between City of to City, a/k/a Ciry of Iowa City, Iowa, a munici corporation, owning property in
Johnson Conmty, low ereinafter "Grantors") and CENTRAL 1 A POWER COOPERATIVE, an
Iowa cooperative corpo 'on with its principal place of busine in Cedar Rapids, Iowa (hereinafter
"Cooperative');
WITNESSETH:
WHEREAS, Grantors are th wners of rec of the real estate in Johnson County, Iowa,
described as:
The Southeast Quarter (SEY.) and th mhwest Quarter (SW''/) of the Northeast Quarter
(NE'/.) excepting therefrom the foil mg described real estate, to -wit: Commencing at the
Southwest comer, of the Northeast of Section 14, Township 79 North, Range 7 West
of the 5'" Principal Meridian; the e N 00 ' 00" E, (an assumed bearing) along the West
line of said Northeast Quarter 1 6.37 feet, the Northwest comer of the Southwest Quarter
of said Northeast Quarter of S ction 14tl-, N 89° 1 T 25" E, 46.00 feet to the Point of
Beginning; thence N 89° 17' S" E, 1265.71 fee long the North line of said Southwest
Quarter, to the Northeast c er of said Southwes erter, of the Northeast Quarter, of said
Section 14; thence S, 00036' 45" W, 692.99 feet alo\Section14,
the East line of said Southwest Quarter
of the Northeast Quarte of Section 14; thence S 89' 41" W, 1264.50 feet; thence N 00°
00' 00" E, 6e8.83 fee o the Point of Beginning. Sct of land contains 20.06 acres more
or less, subject to ea menta and restrictions of rec. A of the above being located in
Section 14, Towns p 79 North, Range 7 West of thu P. ., Johnson County, Iowa; AND
commencing at Southwest Comer of the NortheQuart of Section 14, Township 79
North, Range 7 est of the 5'" P.M. (For the purpoof this le al description, the west line of
said Northeast erter is assumed to bear North): Tce North 9° 15' 52" E, 1309.51 feet
along the So line of said Northeast Quarter, to thSouthwest er of the Southeast
Quarte; of id Northeast Quarter of Section 14, whh is the Point- -Beginning; Thence
North 0° 0 ' 45" E, 350.00 feet along the West line said
IS.,
uaner of the Northeast
Quarter Section 14; Thence North 89° 15' 52" E,0 feet; Thence S th 0° 05' 45" W,
350.00 et to the South line of said Southeast Quaof the Northeast erter of Section 14;
Thence South 89° I S' 15" W, 200.00 feet along saiouth line to the Poin f -Beginning.
Said act of land containing approximately 1.61 ac; AND commencing a the SW comer
of t e SE quarter of the NE quarter of Section 14, TN, R7W, of the 5's P.M., thence N 89°
1 52 E, 200.00 feet to the point of beginning; the N 00° 05' 45" E, 50.00 et; thence N
15' 52" E, 1,109.59 feet to a point on the East lof said SE quarter of the quarter;
ence S 00° 11' 31" W, 50.00 feet to the SE comef the NE quarter of Section 1 ,thence S
89° 15' 52" W, 1,109.51 feet to the Point of Beginn. Said tract of land contains 1. acres
more or less; AND apart of the Southeast %4 of the rtheast %., Section 14, TownshipNorth, Range 7 West of the Fifth Principal MeridiaJohnson County, Iowa further desc edas follows: Commencing at the Southeast Comer oe Northeast Quarter Section 14,Township 79 North, Range 7 West of the Fifth Prinal Meridian, Johnson County, Iowa;
Thence N 00° 08' 45" E 50.06 feetalong the east line of the Southeast '/ Northeast V. said
Section 14 to the point of beginning; Thence S 890 13' 34"W 1109.59 feet; Thence N 00° 12'
43" E 299.90 feet; Thence S 89° 14' 28" W 200.72 feet to the west line of the Southeast
Northeast V. of said Section 14; Thence N 00° 03' 40" E 307.97 feet along the west line of the
Southeast V. Northeast '/4 of said to the North line of the South 'h of the Southeast Y. Northeast
'/. said Section 14; Thence N 89° 14' 33" E 1310.42 feet along the Northline of the South %, of
the Southeast''/. Northeast'/. to the east line of the Southeast '/. Northeast V. said Section 14;
Thence S 00° 08' 45" W 607.55 feet along the east line of the Southeast '/. Northeast %4 said
Section 14 to the point of beginning. Containing 16.90 acres more or less. For the purpose of
this legal description the east line of the Northeast Y4 Section 14 is assumed to bear N 00' 08'
45" E; AND the north twenty acres of the southwest quarter of the northeast quarter of Section
14, Township 79 North, Range 7 West of the 51s P.M., Johnson County, Iowa.
and,
WHEREAS, Cooperative desires to obtain a permanent easement from Grantors over a portion of
the described pro and to construct, operate, and maintain an electric transmt ion line and/or system
and appurtenant fad 'ties on said property, and Grantors are willing to grantsuc¢'an easement for said
purposes; and, /
WHEREAS, rantors and Cooperative desire to set forth in th greement the terns and
conditions pursuant tohicIt Grantors shall grant to Cooperative an sement over the described
property;
ITIS, THEREFO WVBETWEENTHE
ATION OF MUTUAL COVENANTS HEREIN
EXPRESSED, AGREED BY EN THE P TIES AS FOLLOWS:
1. Grantors hereby grant t,its s cessors and/or assigns, a permanent and perpetual
easement over the property descws:A strip of land Fifly (50) g coincident with the East line of the Southeast Quarter
(SE'/) of the Northeast Qof Section Fourteen (14), Township Seventy-nine (79)
North, Range Seven (7) Wth Principal Meridian, Johnson County, Iowa.
A strip of land Fifty (50) feet ' width nly
(SE'/.) of Section Fourteen ), Township
Fifth Principal Meridian, J[plinson County,
coincident with the East line of the Southeast Quarter
,enty-nine (79) North, Range Seven (7) West of the
The East Fifty (50) fe of the North Fifty (50)�
Northeast Quarter'/.) of Section Fourteen (
Seven (7) West of P Fifth Principal Meridian,
and,
to construct, erect econstruc[, add to, relocate, rebuild, mod\chmge e operating voltage, rep3$
patrol, operate d maintain on the above described lands, system for vansmiss ?>'[elect�gF
energy, data or communications which may include, blimited to conductor, blas, stedc
wires, guy es, fiber optic cables, anchors, poles, lattice es and other necessary appurte
facilities as y be necessary in order to properly suppo, and maintain said lines/syatems,
across the ve described lands. Cooperative shall have theicense, permit or otherwise agree to
the joint se of the rights granted herein within the Ease. The Cooperative shall give the
Crrantor five days notice, excluding Saturday and Sunday, a eeing to licensing, permitting or
other j int use of the rights granted.
2. / All facilities placed by Cooperative in the easement area shall be o by and remain the
p of Cooperative. \
7. Cooperative shall construct, operate, and maintain the transmission line end appurtenant
facilities in accord with the requirements of the National Electric Safety Code, th Iowa Electric Safety
Code, and the Rules and Regulations of the Iowa Utilities Board.
4. Cooperative shall have the right to cut and trim trees and shrubbery within easement area and
to use chemical brush control procedures to the extent necessary so they will not ince re with or
endanger the operation or maintenance of the transmission line located or to be located,\n the property
and to cut down from time to time all dead, weak, leaning or dangerous trees that are tall nough to strike
the wives in falling.
S. Grantors agree that they will not place, or allow to be placed any building, structure,\r object of
any kind within the easement area without specific written authorisation from Cooperative. 1A Grantor
retains the right to install and maintain existing and future monitoring wells, so long that the we's do not
interfere with the easement rights.
6. In addition to the easement area described in paragraph 1, Grantors grant to Cooperative the
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of the Southwest Quarter (SW'/4) ot&
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Township Seventy-nine (79) Norte
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to construct, erect econstruc[, add to, relocate, rebuild, mod\chmge e operating voltage, rep3$
patrol, operate d maintain on the above described lands, system for vansmiss ?>'[elect�gF
energy, data or communications which may include, blimited to conductor, blas, stedc
wires, guy es, fiber optic cables, anchors, poles, lattice es and other necessary appurte
facilities as y be necessary in order to properly suppo, and maintain said lines/syatems,
across the ve described lands. Cooperative shall have theicense, permit or otherwise agree to
the joint se of the rights granted herein within the Ease. The Cooperative shall give the
Crrantor five days notice, excluding Saturday and Sunday, a eeing to licensing, permitting or
other j int use of the rights granted.
2. / All facilities placed by Cooperative in the easement area shall be o by and remain the
p of Cooperative. \
7. Cooperative shall construct, operate, and maintain the transmission line end appurtenant
facilities in accord with the requirements of the National Electric Safety Code, th Iowa Electric Safety
Code, and the Rules and Regulations of the Iowa Utilities Board.
4. Cooperative shall have the right to cut and trim trees and shrubbery within easement area and
to use chemical brush control procedures to the extent necessary so they will not ince re with or
endanger the operation or maintenance of the transmission line located or to be located,\n the property
and to cut down from time to time all dead, weak, leaning or dangerous trees that are tall nough to strike
the wives in falling.
S. Grantors agree that they will not place, or allow to be placed any building, structure,\r object of
any kind within the easement area without specific written authorisation from Cooperative. 1A Grantor
retains the right to install and maintain existing and future monitoring wells, so long that the we's do not
interfere with the easement rights.
6. In addition to the easement area described in paragraph 1, Grantors grant to Cooperative the
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to enter upon the property of Grantors in order to permit Cooperative to access the easement area and
perform construction and maintenance work on the transmission line and appurtenant facilities. The
Cooperative shall give the Grantors five days notice, excluding Saturday and Sunday, prim to
construction or maintenance, except for emergency situations, where immediate work is required.
7. In consideration for the easement rights granted to Cooperative pursuant to this Agreement,
Cooperative shall pay Grantors the full easement com/schedule
ion amount upon gran g of said easement.
Said easement fee includes compensation for the righd to Cooperative t and trim trees and
shrubbery within the easement area. In addition to sapensation, Coo live shall also pay
Grantors for darmge to the property of Grantors cy construc ' ,maintaining, replacing,
rebuilding, re icing, or removing said transmission lfacilities ayment for damages shall be
made at the co letion of the work performed by Cove whi resulted in said damages. The
foregoing compen tion amount is based upon the scof c pensation maintained by the
Cooperative. In the ant the line is required to be rec dor redesigned in such a way that
additional poles, anch , or other appurtenances are pon the property of the Granters, then
additional compensation ll be paid to Grantors basn the schedule of compensation maintained
by Cooperative at the time such reconstruction or r.
8. The easement created b this Agreement all be permanent and perpetual, shall be binding upon
Grantors and Cooperative, and th ' respecfive ccessors, he6s, beneficiaries, devisees, grantees, tenants,
and assigns, and shall run wAd.d.9. Grantors shall have to cel this Agreement by mailing to Cooperative a notice of
cancellation by certified mae eceipt requested, to Cooperative's principal place of business.
Said notice must be receiveti within seven (7) days, excluding Saturday and Sunday, of
the date of this Agreement. ackno edge that they have been informed by Cooperative of their
right to cancel this Agreemto signing't, and they hereby acknowledge receipt from Cooperative
of a duplicate copy of this Al which th may use as a "Notice of Cancellation." Cooperative
agrees that it will not recordreement until Rer the cancellation period has expired. This right of
cancellation may be exercisonce for this tr smission line project.
10. Subject only to gie right of cancellation set foXh in paragraph 9, this Agreement shall be
effective upon executio by the parties, and shall contin in full force and effect until all of its terms and
conditions have been)Uy performed.
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EXECUTED the day and year first above written.
GRANTORS: City of Iowa City a/k/a City of Iowa City, Iowa, a municipal corporation
Sign:
Title:
STATE OF IOWA )
St.
COUNTY OF 1
On this day of
and for the State of Iowa, personally ap
City of Iowa City a/k/a City of Iowa Ci
the person who executed the foregoing
voluntary act and deed.
STATE OF IOWA )
as.
COUNTY OF
On this day of
Sign:
Tide:
before me, the undersigned, a Notary Public in
for
municipal corporation to me personally known to be
, and acknowledged that he executed the same as his
y tvouc to anti rot the
of Iowa
20_, before me, the
and for the State Iowa, personally appeared
City of Iowa Ci a/k/a City of Iowa City, Iowa, a municipal corporation to me
the person who ecuted the foregoing instrument, and acknowledged that he e
voluntary act deed.
State of Iowa
4
a Notary Public in
for
Lknown to be
same as his
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a Notary Public in
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Lknown to be
same as his
GRANTEE: Central Iowa Power Cooperative, an Iowa cooperative
Sign: Sign:
Print:
Title:
STATE OF IOWAV
COUNTY OF
On this dand for the State of IowaCentral Iowa Power Cooexecuted the foregoing indeed.
before me, the undersigned, a Notary Public in
for
to me personally (mown to be the person who
that be executed the same as his voluntary act and
Notary Public in and for the
State of Iowa
STATE IOWA )
as.
CO OF )
On this day of 20_, before
for the State of Iowa, personally appeared
entral Iowa Power Cooperative, an Iowa cooperative corporation
Person who executed the foregoing instrument, and acknowledged
voluntary act and deed.
5
the undersigned, a Notary Public in
State of Iowa
Personally known to be the
executed the same as his
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the undersigned, a Notary Public in
State of Iowa
Personally known to be the
executed the same as his
NOTICE OF CANCELLATION
TO: Central Iowa Power Cooperative
P.O. Box 2517
Cedar Rapids, Iowa 524062517
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Item Number: 12.
'r AL CITY OF IOWA CITY
=� COUNCIL ACTION REPORT
July 16, 2019
Resolution determining an area of the city to be a combination economic development and blight area, and that
the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is
necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area
as appropriate for an urban renewal project; and adopting the Forest View Urban Renewal Plan therefor.
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Simon Andrew, Assistant to the City Manager
Fiscal Impact: no impact
Recommendations: Staff: Approval
Commission:
City Council Economic Development Committee voted to recommend
approval of the Urban Renewal Plan to City Council on June 3, 2019 (3-0).
Planning and Zoning Commission affirmed that the plan conforms with the
Comprehensive Plan on June 20, 2019 (5-1, Dyer opposed, Hensch
absent) .
Attachments: Forest View Urban Renewal Plan
Planning & Zoning Commission memo
Resolution
Executive Summary:
Council passed a Resolution of Necessity on June 18, 2019, initiating the process to establish the
Forest View Urban Renewal Area. Subsequent requirements included a review and
recommendation by the Planning and Zoning Commission and a consultation with other taxing
jurisdictions in the county. The final step is to hold the Public Hearing set for July 16, 2019.
Establishing an urban renewal area enables the City to consider financial participation in a
development project. A development agreement detailing specifics of that participation can only
be contemplated after an Urban Renewal Plan is in place.
Background /Analysis:
The Forest View Urban Renewal Plan is established on the basis of slum and blight remediation
and economic development. To be determined a blighted area, the State code definition includes
five conditions including "areas of a municipality in which there is a substantial number of slum,
deteriorated or deteriorating structures or defective or inadequate street layout." A blighted area
need only meet the conditions of one or a combination of the five defining conditions. The Forest
View Mobile Home Court currently exhibits these conditions in that a substantial number of the
existing mobile homes are in such a condition that they could not be moved and relocated to
another area due to their condition. Meeting the standard of inadequate street layout, there is only
one access into and out of the neighborhood. If this single access is obstructed, fire, ambulance
or police vehicles have no way to reach an emergency within the neighborhood. To be determined
a slum area, the State code definition includes four conditions including "a predominance of
buildings exhibiting dilapidation, deterioration, age or obsolescence," and "the existence of
conditions which endanger life or property by fire and other causes." For the same reasons noted
above, the area meets the criteria to be determined a slum.
The economic development designation is also part of the basis for this urban renewal area and
signals that the area is appropriate for commercial enterprises, that public improvements related to
housing and residential development and construction of housing and residential development for
low and moderate income families, including single or multi -family housing is appropriate.
North Dubuque LLC owns approximately 70 acres in the area known as Forest View and has
indicated they will be seeking financial assistance from the City for a portion of the infrastructure
expenses in the project (roads, sewer, water, trails). Located west of Dubuque Street, south of I-
80 and northeast of the Mackinaw Village neighborhood, it has long been home to the Forest View
Mobile Home Park. This project is consistent with the amended North District Plan and the
recently approved rezoning.
For a financial assistance request like this, the City considers the public benefits. In this case, the
developer is committed to a comprehensive relocation plan which was attached and incorporated
into the conditional zoning agreement. The details of the relocation plan will be set forth in an
affordable housing agreement to be considered by the Council. In general, the relocation
plan seeks to ensure that the developer provides good housing options and relocation assistance
for the residents of Forest View Mobile Home Park. The developers shall offer three categories
of replacement housing to ensure that residents are relocated to affordable, decent, safe and
sanitary houses which are, at a minimum, comparable in size and features to what residents
currently have in the existing Forest View Mobile Home Park. Those three categories are:
relocation to the new Forest View single-family development (moving expenses and lease -
purchase options available); relocation to the new Forest View multi -family buildings (moving
expenses and lease -purchase options available); and relocation off-site (reasonable moving
expenses available).
The second public benefit is the creation of the new Forest View Drive which will connect
Dubuque Street to Algonquin Rd. creating a second access to the Peninsula and Mackinaw
Village neighborhoods and providing the main access to the development area. This is particularly
important in times of flooding, when flood waters can block the only access to the area.
The road is the proposed TI F project and a development agreement for Council's consideration
will be forthcoming. We anticipate that many elements of the development agreement will be
similar to the Foster Road TIF project wherein the entire road will be built and paid for by the
Developer and the City will provide TI F rebates on property taxes generated by the new value in
the area. Negotiations are underway with respect to engineering details, phasing, and eligible
costs.
It is important to reiterate that in addition to the affordable housing agreement, a development
agreement detailing the conditions for tax increment financing will be considered by Council
subsequent to Urban Renewal Plan adoption.
The Planning and Zoning Commission reviewed and confirmed that the plan conforms with the
North District Comprehensive Plan at their meeting on June 20, 2019 (see memo from the Vice
Chairperson, attached). A consultation was held on July 1, 2019 to which taxing entities could send
a representative to review, discuss and have an opportunity to provide input. Lisa Green -Douglass
attended. Public notice was posted in the Iowa City Press Citizen for the Public Hearing within the
required timeframe.
Having followed the legislative steps to establish the Forest View Urban Renewal Area, staff
recommends adopting the Forest View Urban Renewal Plan.
ATTACHMENTS:
Description
Planning & Zoning recommendation
Resolution
Forest View URP
r
-4 CITY OF IOWA CITY
MEMORANDUM
Date: June 25, 2019
To: City Council
From: Max Parsons, Vice Chair, Planning and Zoning Commission
Re: Planning and Zoning Commission Review of the Foster Road Urban Renewal
Plan
At its regular meeting June 20, 2019, the Planning and Zoning Commission reviewed
the Forest View Urban Renewal Plan for its conformity with the Iowa City
Comprehensive Plan.
By a vote of 5-1 (Dyer opposed, Hensch absent), the Planning and Zoning Commission
found that the Forest View Urban Renewal Plan conforms to the Iowa City
Comprehensive Plan.
j2•
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
Resolution No. 19-187
Resolution determining an area of the city to be a combination economic
development and blight area, and that the rehabilitation, conservation,
redevelopment, development, or a combination thereof, of such area is
necessary in the interest of the public health, safety orwelfare of the
residents of the city; designating such area as appropriate for an urban
renewal project; and adopting the Forest View Urban Renewal Plan therefor.
Whereas, the Council has reasonable cause to believe that the area described below satisfies
the eligibility criteria for designation as an urban renewal area under Iowa law; and
Whereas, a Forest View Urban Renewal Plan for the area described below has been prepared,
placed on file in the office the City Clerk, and attached hereto and incorporated herein by
reference; and
Whereas, this Urban Renewal Plan includes and consists of property legally described below and
hereafter referred to as the Forest View Urban Renewal Area:
Commencing at the north quarter comer of Section 4, Township 79, Range 6 west of the fifth
principle meridian; thence S 030 07'46" E, a distance of 311.18 feet to the northeast corner of Lot
104 of mackinaw village part five as recorded in book 57, page 241 of the records of Johnson
county, Iowa Recorder's office, said point being the point of beginning; thence S 86050'44" E
along the southerly right-of-way line of U.S. Highway Interstate 80, a distance of 140.15 feet,
thence N 86°23'32" E along said southerly line, a distance of 718.54 feet, thence N 75°35'49" E
along said southerly line, a distance of 463.42 feet; thence N 80°27'46" E along said southerly
line, a distance of 294.70 feet; thence N 87°03'11" E along said southerly line, a distance of
428.87 feet; thence S 81 °04'24"E along said southerly line, a distance of 105.39; thence S
79°11'57" E along said southerly line, a distance of 504.56 feet; said point being on the west line
of the northwest quarter of the northwest quarter of Section 3, Township 79, Range 6 west; thence
S 01'45'29" E, a distance of 425.26 feet; thence S 88°54'57" W, a distance of 562.46 feet; thence
S 88°56'09" W, a distance of 102.69 feet; thence S 01 °11'07" E, a distance of 654.95 feet; thence
S 88°09'37" W, a distance of 640.01 feet; thence S 88°39'49 W, a distance of 152.49 feet; thence
S 49042'42" W, a distance of 111.02 feet; thence S 26°26'43'41" E, a distance of 158.46 feet;
thence S 44043'52" W, a distance of 337.66 feet; thence S 02040'38" E a distance of 41.04 feet;
thence S 87°04'33" W, a distance of 181.81 feet; thence S 00001'08" E, a distance of 328.80 feet;
thence S 87058'50"W, a distance of 33.02 feet; thence N 00°01'08" W, a distance of 814.67 feet;
thence S 88°41'48" W, a distance of 674.33 feet; N 03°05'12" W, a distance of 1039.43 feet, to
the point of beginning. Said parcel of land containing 61.14 acres, more or less, and subject to
easement and restrictions of record.
And all of the northwest quarter, of the northwest quarter of Section 3, Township 79, Range 6
west of the fifth principle meridian. Said area containing 39.56 acres, and subject to easements
and restrictions of record.
Resolution No. 19-187
Page 2
Whereas, it is desirable that these areas be redeveloped as part of the overall redevelopment
area covered by said Urban Renewal Plan to be known hereafter as the Forest View Urban
Renewal Area.
Whereas, the Iowa statutes require the City Council to submit the proposed Forest View Urban
Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its
conformity with the General Plan for development of the City as a whole, prior to City Council
approval of such urban renewal project and an urban renewal plan therefore; and
Whereas, the Planning and Zoning Commission has reviewed and recommends creation of the
Forest View Urban Renewal Area and adoption of the Forest View Urban Renewal Plan therefore
after finding that it conforms with the general plan for development of the City, as evidenced by
its written report filed herewith and incorporated herein by the reference; and
Whereas, by a resolution adopted on June 18, 2019, this Council directed that a consultation be
held with the designated representatives of all affected taxing entities to discuss the proposed
Forest View Urban Renewal Plan and the division of revenue described therein, and that notice
of said consultation and a copy of the proposed Foster Road Urban Renewal Plan be sent to all
affected taxing entities; and
Whereas, pursuant to such notice, the consultation was duly held as ordered by the City Council
and all required responses to the recommendations made by the affected taxing entities have
been provided; and
Whereas, by said resolution this Council also set a public hearing on the adoption of the proposed
Foster Road Urban Renewal Plan for this meeting of the Council, and due and proper notice of
said public hearing was given, as provided by law, by timely publication in the Press Citizen, which
notice set for the time and place for this hearing and the nature and purpose thereof; and
Whereas, in accordance with said notice, all persons or organizations desiring to be heard on
said Plan, both for and against, have been given an opportunity to be heard with respect thereto
and due consideration has been given to all comments and views expressed to this Council in
connection therewith and said public hearing has been closed.
Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa:
Section 1. That the findings and conclusions set forth or contained in the Forest View
Urban Renewal Plan for the area of the City of Iowa City, Iowa legally described and depicted in
the Plan and incorporated herein by reference (which area shall hereinafter be known as the
Forest View Urban Renewal Area), be and the same are hereby adopted and approved as the
findings of this Council for this area.
Section 2. The Forest View Urban Renewal Plan conforms to the adopted general plan for
the development of the City as a whole; and.
Section 3. That the Forest View Urban Renewal Plan Area is a combination economic
development and blight area within the meaning of Iowa Code Chapter 403; that such area is
eligible for designation as an urban renewal area and otherwise meets all requisites under the
provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation,
redevelopment, development, or a combination thereof, of such area is necessary in the interest
of the public health, safety or welfare of the residents of this City.
Resolution No. 19-187
Page 3
Section 4. That the Forest View Urban Renewal Plan, attached hereto and incorporated
herein by reference, be and the same is hereby approved and adopted as the "Forest View Urban
Renewal Plan;"; and the City Clerk is hereby directed to file a certified copy of said Forest View
Urban Renewal Plan with the proceedings of this meeting.
Section 5. That the Forest View Urban Renewal Plan shall be in full force and effect from
the date of this resolution until the later of the date of termination set forth in the Forest View
Urban Renewal Plan or the date on which payment of all obligations issued or advances made to
carry out the purposes thereof shall be fully provided for. Said Forest View Urban Renewal Plan
shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder
for Johnson County, Iowa, to be filed and recorded in the manner provided by law.
PASSED AND APPROVED this 16th day of July 2019.
yor
ATTEST:
City Cferk
Approved By
XL e
City Attorney's Office .1 / i l 11 9
Resolution No. 19-1 R7
Page 4
It was moved by Teague and seconded by Thomas the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
x
x
x
ABSENT:
x
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
Forest View Urban Renewal Area
e O Urban Renwal Area
4 n
#tq� - X Point of Beginning
CITY OF IOWA CITY `/ 0 150 300 600
Feet
I
.yam 7
VV E
�. � CapQy� coq
i 's
3
y:
i2
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
Resolution No.
Resolution adopting the Forest Vie7at
ban Renewal Plan
Whereas, the�CCuncil has reasonable cause to believee area described below satisfies
the eligibility cr ria for designation as an urban rene 1 area under Iowa law, and
Whereas, conditio of dilapidated, deteriorated, r obsolete buildings and faulty lot layout in
relation to size, ad uacy, accessibility or u fulness, impairing the sound growth of the
community exist as co ition-'-g
of blight; a/naindevelopment
Whereas, an area appr riate for cal enterprises and construction of public
improvements related to hou ' g and r' co
also exists; and
Whereas, this Urban Renewal PlaXinclupes and consists of the following Urban Renewal Area:
Commencing at the north quarter orner of Section 4, Township 79, Range 6 west of
the fifth principle meridian; the a03° 07' 46" E, a distance of 311.18 feet to the
northeast corner of Lot 104 of ackin w village part five as recorded in book 57, page
241 of the records of Johns county, Iowa Recorder's office, said point being the
point of beginning; thence S 6°50'44" long the southerly right-of-way line of U.S.
Highway Interstate 80, a d' tance of 140.5 feet, thence N 86°23'32" E along said
southerly line, a distance f 718.54 feet, th\distanc
N 75°35'49" E along said southerly
line, a distance of 463.4 feet; thence N '46" E along said southerly line, a
distance of 294.70 feet; ence N 87°03'11"ng said southerly line, a distance of
428.87 feet; thence S 1°04'24"E along stherly line, a distance of 105.39;
thence S 79°11'57" E long said southerly a ' tance of 504.56 feet; said point
being on the west lin of the northwest quaf the orthwest quarter of Section 3,
Township 79, Rang 6 west, thence S 01 °4 E, a tance of 425.26 feet; thence
S 88054'57" W, a di tance of 562.46 feet; thS 88°5 9" W, a distance of 102.69
feet; thence S 01'1 '07" E, a distance of 654et, thenc S 88°09'37" W, a distance
of 640.01 feet; th ce S 88°39'49 W, a distaf 152.49 fe thence S 49°42'42" W,
a distance of 11 .02 feet; thence S 26°26'4 E, a distanc f 158.46 feet; thence
S 44°43'52" W, distance of 337.66 feet; tS 02°40'38" a distance ofA1.04
feet; thence S °04'33" W, a distance of 18eet; thence S 00° 1'083' F%f�'
a distance
of 328.80 feet- thence S 87°58'50" W, a distance of 33.02 feet; then'�1" W,�
a distance of 14.67 feet; thence S 88041'48" W, a distance of 674.3d�l3°03'123
W, a distan of 1039.43 feet, to the point of beginning. Said parcel nteining r
61.14 acre , more or less, and subject to easement and restrictions of re@ord. v M
And all o the northwest quarter, of the northwest quarter of Section 3, t4,�shW79,
Range west of the fifth principle meridian. Said area containing 39.56 acresE,�nd
subject to easements and restrictions of record.
Approximately 100.7 acres total
Whereas, it is desireable that this Area be developed according to the Forest View Urban Renewal
Plan; and
Resolution No.
Page 2
Whereas, the Planning and Zoning Commission has found that such Urban Renewal Plan
conforms to the adopted Comprehensive Plan and recommends approval thereof; and
Whereas, in accordance with Resolution , adopted on June 8i 201 g, a consultation was
held with the designated representative of all affected taxing entitie o discuss the proposed Forest
View Urban Re ewal Plan and the division of revenue Rep4wal
escr' ed therein, after notice of said
consultation and a opy of the proposed Forest View Urban Plan was duly and timely sent;
and
Whereas, all required re onses to the recommendation ade by the affected taxing entities have
been timely made as set f h in the reportof the Econo is Development Coordinator, filed herewith
and incorporated herein by his reference, which repo is in all respects approved; and
Whereas, by said Resolution due and pro er notice of a public hearing on the proposed
Urban Renewal Plan was given, as provided by I w, by timely publication in the Press Citizen; and
Whereas, in accordance with said otice, all rsons or organizations desiring to be heard on said
proposed Plan, both for and again , have een given an opportunity to be heard with respect
thereto and due consideration has be giv n to all comments and views expressed to this Council
in connection therewith and said public ring has been closed.
Now, therefore, be it resolved by the CP Cquncil of the City of Iowa City, Iowa, that:
Section 1. The findings and Onclusiolks set forth in the Forest View Urban Renewal Plan
for the area of the City of Iowa City Iowa legal) described above (hereinafter "Forest View Urban
Renewal Area'), be and the same re hereby adted and approved as the findings of this Council
for this area.
Section 2. The ForesvView Urban
development of the City as a hole.
Section 3. The F
economic development
area is eligible for desic
the provisions of Char
redevelopment, develo
interest of the public h
Section 4.
adopted as the 7
the City Clerk is I
meeting.
conforms to the general plan for the
kt View Urban Renewal Area c ntair
a within the meaning of Iowa de
on as an urban renewal area an of
403 of the Code of Iowa; and t
nt, or a combination thereof, of suc
safety or welfare of the residents of
s a slum and blighted area and an
Chapter 403; that such combined
herwise meets all requisites under
t the rehabilitation, conservation,
4 area is City is necessary in the
t 's City.
Forest View Urban Renewal Plan be and thelikame is hereby approved and
View Urban Renewal Plan for the Forest Vie Urban Renewal Area;" and
y directed to file a certified copy of said Plan vAlh the proceedings of this
Section 5. The Forest View Urban Renewal Plan shall be in full foi
date of this resolution until the later of the date of termination set forth in s-,
which payment of all obligations issued or advances made to carry out the
be fully provided for. Said Plan shall be forthwith certified by the City Clerk, s
Resolution, to the law. Recorder for Johnson County, Iowa, to be filed and r
provided by law.
and effpct from the
?Ian, arthe date on
4 copy oVthis
F%the mffhner
< r— -'V s
J
Resolution No.
Page 3
Passed and approved this _ day of , 2019.
Mayor
r--
Forest View
Urban Renewal Plan
City of Iowa City, Iowa
2019
Table of Contents
Section 1 — Introduction
Section 2 — Description of Urban Renewal Area
Section 3 — Area Designation
Section 4 — Base Value
Section 5 — Urban Renewal Plan Objectives
Section 6 — Proposed Urban Renewal Activities
Section 7 — Proposed Urban Renewal Projects
Section 8 — Conformance with Land Use Policy and Zoning Ordinance
Section 9 — Relocation
Section 10 — Financial Data
Section 11 — Urban Renewal Plan Amendments
Section 12 — Property Acquisition/Disposition
Section 13 -- Property Within an Urban Revitalization Area
Section 14 — Effective Period
Section 15- Severability Clause
Addendum No. 1 —Legal Description
Addendum No. 2 — Location Map
Section 1- Introduction
This Urban Renewal Plan ("Plan") for the Forest View Urban Renewal Area ("Urban
Renewal Area" or "Area") has been developed to help local officials promote economic
development within Iowa City, Iowa. The City has determined this area to be appropriate
for attracting and encouraging new commercial enterprises, enabling the commercial
development to serve nearby residential neighborhoods, and improving connectivity for
neighborhoods to the west and within the urban renewal area. This Plan contemplates
that tax increment financing may be used to assist in the construction of Forest View Drive
from Dubuque Street west to and connecting with Algonquin Road and other parcels
within the development to facilitate the construction of commercial, office and residential
space to meet one or more of the Plan objectives.
To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the
urban renewal activities as specified in this Urban Renewal Plan, pursuant to the powers
granted to it under Chapters 15A and 403 of the 2019 Code of Iowa, as amended.
Section 2- Description of Urban Renewal Area
The legal description of this Urban Renewal Area is attached and incorporated herein as
Addendum No. 1 — Legal Description and depicted in Addendum No. 2 — Location Map.
Section 3- Area Designation
With the adoption of this Plan, Iowa City designates this Urban Renewal Area as a slum
and blighted area, as well as an economic development district that is appropriate for
residential, office and commercial development.
Section 4 Base Value
If a Tax Increment Financing (TIF) Ordinance is adopted and debt is certified prior to
December 1, 2019, the taxable valuation within the area included in the TIF Ordinance
as of January 1, 2018 will be considered that area's frozen "base value." If debt is not
certified until a later date, the "base value" will be the assessed value of the taxable
property within the TIF Ordinance area as of January 1 of the calendar year preceding
the calendar year in which the City first certifies the amount of any debt on the Forest
View Urban Renewal Area.
Section 5- Urban Renewal Plan Goals and Objectives
This Plan is intended to improve the community by encouraging new commercial
development, providing secondary access and improving connectivity between the
Peninsula and Mackinaw Village Neighborhoods to Dubuque Street. More specific goals
for development within the Urban Renewal Area are as follows:
1. To help finance the cost of constructing public utility and infrastructure extensions
and improvements to facilitate a second roadway access.
2. To facilitate the redevelopment of parcels within the area for commercial uses.
3. To stimulate, through public action and commitment, private investment in new
commercial development that may be supported in part by additional residential
development in the vicinity.
4. To maintain and improve the character of the community by strengthening the tax
base.
5. To increase the availability of housing opportunities; which may in tum attract and
retain commercial enterprises that will strengthen and revitalize the economy of the
State of Iowa and the City.
6. To plan for and provide sufficient land for development in a manner that efficiently
provides municipal services.
7. To promote development utilizing any other objectives allowed by Chapter 403 of
the Code of Iowa.
S. To provide other support as allowed under Iowa Code Chapters 15, 15A and 403.
The following objectives derived from these goals are hereby established:
1. Undertake and carry out the urban renewal project set forth in Section 7 below;
2. Use any or all other powers granted to the City by the Urban Renewal Act to develop
and provide for improved economic conditions in the City and the State of Iowa;
3. Connect neighborhoods, reduce transportation time, allow greater access for
pedestrians, bikers and public transportation; and
4. Open opportunities for development of a range of uses including commercial, office,
single and multi -family residential units that will help support the commercial
enterprises consistent with the Comprehensive Plan and zoning code.
Section 6 - Proposed Urban Renewal Activities
To meet the goals objectives of this Urban Renewal Plan, the City intends to utilize the
powers conferred under Chapter 403 and Chapter 15A, Code of Iowa, including, but not
limited to, tax increment financing. Activities may include:
1. Execute development agreements, retain the services of qualified professional
consultants and execute any other contracts and instruments necessary to achieve the
Plan Goals, Objectives and Projects.
2. Make or have made surveys and plans necessary for the implementation of the Urban
Renewal Plan or specific urban renewal projects.
3. Tax Increment Financing. To the full extent allowed by Iowa Code Chapter 403 and
Subchapter III of Chapter 384, the City may issue general obligation bonds, tax increment
revenue bonds, internal loans or such other obligations or loan agreements, and seek tax
increment reimbursement for, among other things, the costs of urban renewal projects (if
and to the extent incurred by the City), including, but not limited to:
a) Constructing public improvements, such as streets, sidewalks, sanitary sewers,
storm sewers, water mains, utilities, trails or other related facilities.
b) Providing the local matching share of state or federal grant and loan programs.
c) Making loans or grants or other incentives to private entities or persons related
to urban renewal projects.
d) Other authorized urban renewal projects.
4. To acquire property through a variety of means (purchase, lease, option, etc.) and to
hold, clear, or prepare the property for redevelopment.
5. To dispose of property so acquired.
6. To arrange for, or cause to be provided, the construction or repair of infrastructure,
including but not limited to, streets, sidewalks, water mains, sanitary sewer, storm water
drainage, gas and electric utilities, street lighting, or other public improvements in
connection with urban renewal projects.
7. To vacate, dedicate, or obtain certain public roadways, or utility easements when
deemed necessary to provide access to new and/or residential developments.
8. To provide for relocation of persons, businesses, and industries displaced by the
project, if necessary.
9. To make loans, forgivable loans, tax rebate payments, or other types of grants or
incentives to private persons, organizations, or businesses for economic development
purposes or residential projects, on such terms as may be determined by the City Council.
10. To borrow money and to provide security therefor.
3
11. To use any or all other powers granted by the Urban Renewal Act to develop and
provide for improved economic conditions for the City of Iowa City and the State of Iowa.
Nothing herein shall be construed as a limitation on the power of the City to exercise any
lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter
4276, or any other provision of the Code of Iowa in furtherance of the objectives of this
Urban Renewal Plan.
The Council's determination to undertake any of these activities shall be based upon its
economic development policy, which may be amended from time to time, as necessary
in Council's discretion, and on additional performance criteria the Council finds
appropriate on a case-by-case basis.
Section 7 — Proposed Urban Renewal Projects
The eligible urban renewal projects under this Urban Renewal Plan include:
1. Public Improvements and Related Development Agreement:
Under authority granted by the Plan, the City anticipates entering into a Development
Agreement (the "Agreement") with North Dubuque, LLC (the "Developer'). The
Agreement would obligate the Developer to construct certain Minimum Improvements (as
defined in the Agreement) on certain real property located within the Urban Renewal
Area, consisting primarily of the construction of Forest View Drive, under the terms and
following satisfaction of the conditions set forth in the Agreement. The Agreement would
further obligate Developer to construct Public Improvements supporting the project as
described below:
Project
Approximate
Date
Estimated
Cost
Rationale
Construction of Forest
2019-2021
Not to exceed
Necessary infrastructure
View Drive connecting
$12,900,000
to foster redevelopment
Dubuque Street to
projects. Supports
Algonquin Road,
transportation network
including street and
providing secondary
sidewalk pavement,
access to neighborhood
watermain extension,
and encourages walking,
sanitary sewer, trail and
biking, and public transit.
other utility
infrastructure and
landscaping
Ii
The Agreement would then obligate the City to make economic development grants to
Developer using tax Increment financing pursuant to the Iowa Code Section 403.19 and
made possible by the construction of the Minimum Improvements and the redevelopment
of lots within the area, the cumulative total for all such payments not to exceed
$12,900,000. These economic development grants will not be general obligations of the
City, but will be payable solely from incremental property taxes generated by the Minimum
Improvements.
The City expects to enter into a development agreement with Developer (or a related
entity or another entity) that provides detailed terms and conditions, not all of which are
included in this Plan.
2. Planning, Engineering, Attorney, and Administrative Fees, and Other Related
Costs to Support Urban Renewal Projects and Planning:
Project
Estimated Date
Estimated Cost to be Funded with TIF
Funds
Fees and Costs
Undetermined
Not to Exceed $100,000
Section 8- Conformance with Land Use Policy and Zoning Ordinance
Comprehensive Plan/North District Plan
This Urban Renewal Area is located within the North District set forth in the adopted
IC2030 Comprehensive Plan, as amended on August 15, 2017 and subsequently on April
2, 2019, in consideration of the redevelopment plans of North Dubuque, LLC.
The Comprehensive Plan notes that development in the area has been limited due to lack
of adequate streets, water and sewer service, and that when infrastructure is improved,
there may be market pressure to redevelop some of the existing properties, particularly,
the Forest View Mobile Home Park. The 2017 amendment to the plan modified the land
use map, accepted a sensitive areas inventory and added certain housing, transportation
and design goals. The April 2019 amendment allowed for higher concentration multi-
family residential development to be located central to the community and single family
residential development to be located along the western edge of the community.
The Comprehensive Plan states that development should be designed to conserve and
protect open space by clustering development away from steep slopes and
environmentally sensitive areas. While protection of environmentally sensitive areas
becomes more of a concern as infrastructure improves inviting new development, the
5
plan could accommodate development if it is clustered along Forest View Drive (the
extension of Laura Drive).
There were several goals adopted and incorporated into the North District Plan resulting
from the 2017 resolution. Those included two housing goals requiring the developer to
provide relocation assistance to residents, and certain design standards and woodland
buffers be met to maintain the livability of the Mackinaw Village neighborhood. There were
two commercial and institutional use goals — one, to preserve the scenic character of the
primary entrance to the City and another, that a buffer of existing trees and vegetation be
preserved between the Dubuque Street right of way and any development. There was
also a transportation goal, that upon redevelopment, access to Dubuque Street for south
bound traffic north of Foster Rd. may be allowed provided that the intersection is designed
to accommodate anticipated traffic volumes from the developing area.
In summary, the goals, objectives and projects set forth in this Plan are in conformity with
the City's Comprehensive Plan.
Current Zoning and Proposed Land Uses
Currently the Urban Renewal Area is conditionally zoned a mix of High Density Single -
Family Residential with a Planned Development Overlay (OPD/RS-12) (50.82 acres);
Highway Commercial with a Planned Development Overlay (OPD/CH-1) (20.45 acres);
and Neighborhood Public with a Planned Development Overlay (OPD/P-1) for 1.88 acres,
subject to a conditional zoning agreement that imposes certain use obligations and
limitations to meet public needs created by the rezoning.
The proposed land uses include commercial, office, public open space, and residential,
which are consistent with the zoning.
Section 9- Relocation
The Urban Renewal Area currently surrounds the Forest View Mobile Home Park, a
mobile home park established in the 1940s. This park will eventually be demolished as
part of redevelopment of the Urban Renewal Area. A feasible method exists for the
location of families who will be displaced from the urban renewal area into decent, safe,
and sanitary dwellings within their means and without undue hardship to such families.
The City and the developer will negotiate and execute an Affordable Housing Agreement
or similar agreement detailing the terms of such relocation plan. The provisions of said
agreement shall be guided by the principles of the Forest View Mobile Home Park
Relocation Plan dated May of 2018 prepared and submitted by Owner and the residents
of Forest View Mobile Home Park and the Center for Worker Justice, a copy of which is
ri
attached to the rezoning Ordinance No. 19-4794, and shall include the provision (at the
residents' options) of replacement housing, financial advisory services and reasonable
moving expenses to all households residing on the above-described property upon the
effective date of the Conditional Zoning Agreement. The affordable housing agreement
shall foster diligent communication with residents, ensure the provision of replacement
housing prior to demolition of the existing housing, and offer opportunities for
homeownership to minimize the impact of displacement and hardship on the residents.
The Owner shall offer three categories of replacement housing to ensure that residents
are relocated to affordable, decent, safe and sanitary houses which are, at a minimum,
comparable in size and features to what residents currently have in the existing Forest
View Mobile Home Park. Those three categories are: relocation to the new Forest View
Manufactured Housing Park (moving expenses and financing options available);
relocation to the new multi -family buildings constructed within the above-described
property (moving expenses and financing options available); and relocation not within the
above-described property (reasonable moving expenses available). Said affordable
housing agreement shall be approved by the City Council.
Section 10- Financial Data
1. Constitutional Debt Limit: $ 295,383,033
2. Current general obligation debt: $ 48,030,000
3. Proposed amount of indebtedness to be incurred: Although a specific amount of
tax increment debt to be incurred (including direct grants, loans, advances, indebtedness,
or bonds) for projects over time has not yet been determined, it is anticipated that the cost
of the Proposed Urban Renewal Activities and Proposed Projects identified in Section 6
and 7 above will be $13,000,000 million. In no event will debt be incurred that would
exceed the City's debt capacity. It is further expected that loans, advances, indebtedness
or bonds to be incurred for the Proposed Project or subsequent projects, including interest
on the same, will be financed in whole or in part with tax increment revenues from the
Urban Renewal Area. The City Council will consider each request for financial assistance
or a project proposal on a case-by-case basis to determine if it is in the City's best interest
to participate.
Section 11- Urban Renewal Plan Amendments
This Urban Renewal Plan may be amended from time to time for a number of reasons,
including, but not limited to changes in the boundary; to modify goals, objectives, or types
of activities; or to amend property acquisition and disposition provisions.
7
If the City of Iowa City desires to amend this Urban Renewal Plan, it shall do so in
conformance with applicable state and local laws.
Section 12 - Property Acquisition/Disposition
If property acquisition/disposition by the City becomes necessary to accomplish the
objectives of the Plan, such acquisition/disposition will be carried out, without limitation,
in accordance with the Iowa Code.
Section 13- Property Within an Urban Revitalization Area
The Urban Renewal Area, as amended, may (now or in the future) also be located within
an Urban Revitalization Area. The City Council, at its sole discretion, shall determine
which incentives are available through either: (a) this Plan, for urban renewal incentives,
if any urban renewal incentives are offered by the City; or (b) tax abatement incentives
under the Urban Revitalization Plan; or (c) some combination of the two incentives as
determined by the City in its sole discretion.
Section 14 - Effective Period
This Urban Renewal Plan will become effective upon its adoption by the City Council of
Iowa City and will remain in effect as a plan until it is repealed by the City Council.
With respect to the property included within the Forest View Urban Renewal Area, which
is also included in an ordinance which designates that property as a tax increment area,
the use of incremental property tax revenues or the "division of revenue," as those words
are used in Chapter 403 of the Code of Iowa, beginning with the second fiscal year after
the year in which the municipality first certifies to the county auditor the amount of debt
which qualifies for payment from the division of the revenue in connection with any such
project.
The division of revenues may continue in the Urban Renewal Area for the maximum
period allowed by law. It is also anticipated that separate TIF ordinances for separate
parcel(s) may be adopted as development in the Area warrants. In that case, each
separate TIF ordinance may have a separate base and separate sunset or expiration
date.
At all times, the use of tax increment financing revenues (including the amount of loans,
advances, indebtedness or bonds which qualify for payment from the division of revenue
N
provided in Section 403.19 of the Code of Iowa) by the City for activities carried out in the
Forest View Urban Renewal Area shall be limited as deemed appropriate by the City
Council and consistent with all applicable provisions of law.
Section 15: Severability Clause
If any part of this Plan is determined to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of the Plan as a whole or any part of the
Plan not determined to be invalid or unconstitutional.
W
Addendum No. 1
Legal Description of the
Urban Renewal Area
Commencing at the north quarter comer of Section 4, Township 79, Range 6 west of the
fifth principle meridian; thence S 030 07'46" E, a distance of 311.18 feet to the northeast
corner of Lot 104 of mackinaw village part five as recorded in book 57, page 241 of the
records of Johnson county, Iowa Recorder's office, said point being the point of beginning;
thence S 86050'44" E along the southerly right-of-way line of U.S. Highway Interstate 80,
a distance of 140.15 feet, thence N 86023'32" E along said southerly line, a distance of
718.54 feet, thence N 75035'49" E along said southerly line, a distance of 463.42 feet;
thence N 80027'46" E along said southerly line, a distance of 294.70 feet; thence N
87°03'11" E along said southerly line, a distance of 428.87 feet; thence S 81004'24"E
along said southerly line, a distance of 105.39; thence S 79°11'57" E along said southerly
line, a distance of 504.56 feet; said point being on the west line of the northwest quarter
of the northwest quarter of Section 3, Township 79, Range 6 west; thence S 01 045'29" E,
a distance of 425.26 feet; thence S 88054'57" W, a distance of 562.46 feet; thence S
88°56'09" W, a distance of 102.69 feet; thence S 01°11'07" E, a distance of 654.95 feet;
thence S 88°09'37" W, a distance of 640.01 feet; thence S 88039'49 W, a distance of
152.49 feet; thence S 49042'42" W, a distance of 111.02 feet; thence S 26°26'43'41" E, a
distance of 158.46 feet; thence S 44°43'52" W, a distance of 337.66 feet; thence S
02040'38" E a distance of 41.04 feet; thence S 87004'33" W, a distance of 181.81 feet;
thence S 00001'08" E, a distance of 328.80 feet; thence S 87058'50" W, a distance of
33.02 feet; thence N 00°01'08" W, a distance of 814.67 feet; thence S 88°41'48" W, a
distance of 674.33 feet; N 03005'12" W, a distance of 1039.43 feet, to the point of
beginning. Said parcel of land containing 61.14 acres, more or less, and subject to
easement and restrictions of record.
And all of the northwest quarter, of the northwest quarter of Section 3, Township 79,
Range 6 west of the fifth principle meridian. Said area containing 39.56 acres, and subject
to easements and restrictions of record.
Approximately 100.7 acres in total.
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Item Number: 14.
�, CITY OF IOWA CITY
�'�COUNCIL ACTION REPORT
July 16, 2019
Resolution approving a purchase agreement for a duplex property located at
1232-1234 Sandusky Drive for the South District Home Investment
Partnership Program.
Prepared By: Erika Kubly, Neighborhood Services Coordinator
Reviewed By: Tracy Hightshoe, NDS Director
Geoff Fruin, City Manager
Fiscal Impact: Up to $60,000 will be invested in each unit, consisting of up to $25,000 in
federal HOME funds and $35,000 in local funds for down payment
assistance, rehabilitation and any associated costs.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Program Outline
Resolution
Executive Summary:
Staff has negotiated a purchase agreement contingent on Council approval to acquire a duplex
property at 1232-1234 Sandusky Drive for $124,000 as part of the South District Home
Investment Partnership Program. The duplex will serve as the first two units purchased as part of
the program.
Background /Analysis:
The City proposes to purchase 1232-1234 Sandusky Drive for $124,000 under the South District
Home Investment Partnership Program. The property is currently vacant due to a fire on April 17,
2019 which caused damage to both units. The former tenants relocated and terminated their
leases after the fire.
The property was built in 1978 and is located at the northwest corner of Sandusky Drive and Davis
Street. Each unit has two bedrooms and one bathroom on the main floor, a garage, and additional
living space in the lower level. The property has received some structural repairs following the fire
but will need to be substantially rehabbed prior to selling.
Once completed, the units will be sold as owner -occupied to income -qualified buyers per the
South District program guidelines. Buyers will receive homeownership education through
Horizons and Iowa Valley Habitat for Humanity. Downpayment assistance will also be offered in
accordance with HOME underwriting standards.
The City Council recently reviewed this program due to the difficulty of finding properties that meet
Council's requirements. The conversation will continue with the Housing and Community
Development Commission at their July 11th meeting.
The purchase of this home meets Council's original goals and the program property requirements
as described in the attached program outline. The price point will create very affordable
homeownership opportunities in the neighborhood. Staff recommends approval to ensure the
property is secured for the program.
The purchase agreement is subject to Council's approval. If approved, upon purchase the City
will begin the necessary renovations and will market the availability of the homes to the
neighborhood.
ATTACHMENTS:
Description
Program Outline
Resolution
South District Home Investment Partnership Program - 2019
Program Summary:
Purchase two duplexes in the South District project area (map below) with a focus on Taylor Drive and
Davis Street, rehabilitate the units, and sell to four low-income homebuyers. The program would
function like the UniverCity program with added benefits - affordable sales prices, downpayment
assistance, financial counseling and home maintenance classes.
Program Goals:
1. Preserve the unique character of the
neighborhood.
2. Re-establish a balance of rental and owner -
occupied homes.
3. Encourage reinvestment in this
neighborhood.
4. Ensure neighborhood is a safe, affordable
and attractive to place to live and work for
both renters and homeowners.
5. Provide affordable homeownership
opportunities for low income residents.
Budget: $240,000 for four units. $100,000 in HOME funds (must be used for a HOME eligible activity)
and $140,000 in City general funds. Up to $60,000 will be spent per unit including rehab costs and
downpayment assistance.
Property Requirements:
1. Properties must be located in the South District project area, with a focus on Taylor Drive and
Davis Street.
2. The purchase of property for the program must not result in involuntary displacement of any
residents.
3. Properties must be in a condition that can be addressed by the rehabilitation budget.
4. Properties must be a layout that can be separated for fire and utilities (side-by-side units).
Homebuyer Guidelines:
1. Buyers must be under 80% of the Area Median Income per HOME guidelines.
2. Buyers must participate in free homebuyer education classes.
3. Downpayment assistance will be provided based on need and HOME underwriting standards.
4. Preference for purchasing units shall be:
a. Any existing/former tenants of the selected properties
b. Taylor Drive and Davis Street residents
c. Residents of the broader South District project area and ICHA Family Self -Sufficiency
(FSS) participants
5. Homebuying opportunities will be marketed to residents of the project area and FSS
participants.
14.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 19-188
Resolution approving a purchase agreement for a
duplex property located at 1232-1234 Sandusky Drive
for the South District Home Investment Partnership
Program.
Whereas, staff has negotiated a purchase agreement with the owner of 1232-1234
Sandusky Drive for $124,000 contingent on City Council approval;
Whereas, the property was damaged in a fire on April 17, 2019 and has been vacant
since that then; and
Whereas, the City should acquire the property as part of the South District Home
Investment Partnership Program.
Now, therefore, be A resolved by the City Council of the City of Iowa City, Iowa that:
Upon the direction of the City Attorney, the City Manager is authorized to execute all
documents necessary to purchase the property in accordance with the purchase agreement
for rehabilitation and sale to income -eligible buyers.
Passed and approved tthhis 16th day of July , 2019.
L,
M or
Attest:A-=9,40Z'nApproved:
City. Clerk City Attorney's Office
Resolution No. 19-188
Page 2
It was moved by Thomas and seconded by Teague the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
_x
Cole
x
Mims
x Salih
x
Taylor
%
Teague
%
Thomas
%
Throgmorton