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2000
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Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 00-97
RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF
INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT
THE NEAR SOUTHSIDE TRANSPORTATION CENTER PROJECT AND TO
ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC
HEARING.
WHEREAS, under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a governmental
body which proposes to acquire property under power of eminent domain for a public
improvement project is required to give notice of intent to commence the project to all property
owners whose properties may be acquired in whole or in part for the project; and
WHEREAS, the City Council of the City of Iowa City intends to commence a project to construct
the Near Southside Transportation Center on the half block of Block 102 of the Original Town of
Iowa City, Iowa which is bordered by Burlington Street on the north, Dubuque Street on the east,
Court Street on the south, and the Block 102 north — south alley on the west, which project is to
be known as the Near Southside Transportation Center; and
WHEREAS, before the City of Iowa City can proceed with said project, the City Council must:
a. Hold a public hearing, providing the opportunity for public input on the question of
proceeding with the public improvement and on the acquisition or condemnation of
properties and property interests for the project; and
b. Adopt a resolution declaring its intent to proceed with said project and authorizing the
acquisition of the properties and property interests required for the project by negotiation
or condemnation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The attached documentation showing the proposed location of the Near Southside
Transportation Center Project be placed on file in the office of the City Clerk and available for
public viewing.
2. A public hearing on the City's intent to proceed with the Near Southside Transportation Center
project and to acquire property rights therefore is to be held on the 7' day of March, 2000, at
7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the
above -named project in a newspaper published at least once weekly and having a general
circulation in the City, not less than four (4) nor more than twenty (20) days before said
hearing.
Resolution No. 00 -27
Page 2
4. That the City Attorney and City Clerk are hereby authorized and directed to cause notice of
the City's intent to proceed with said project and authorize the acquisition of property for said
project to be mailed and published as required by law with said Notice of Intent to be in
substantially the attached form.
Passed and approved this 18th day of Janua
ATTEST: 2)�" -,,) P. 1�w
CIVY
2000
Ap roved by
City Attorney's Office
It was moved by Vanderhoef and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
--T-
x
X
X
e'eanw /res/nSS nspW.dm
NAYS:
ABSENT:
_ Champion
X Kanner
_ Lehman
_ O'Donnell
_ Pfab
_ Vanderhoef
Wilburn
O ,,- $
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 00 -80
RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE NEAR
SOUTHSIDE TRANSPORTATION CENTER PROJECT.
WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement
project and to acquire property rights for the above -named project was given as required by law,
and the hearing thereon held; and
WHEREAS, the City of Iowa City desires to construct the Near Southside Transportation Center
Project ( "Project') which includes construction of the Near Southside Transportation Center on the
half block of Block 102 of the Original Town of Iowa City, Iowa which is bordered by Burlington
Street on the north, Dubuque Street on the east, Court Street on the south, and the Block 102
north — south alley on the west; and
WHEREAS, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary for the proposed project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall
price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. It is the City's intent to proceed with the Near Southside Transportation Center Project.
2. The City Council finds that it is in the public interest to acquire property rights necessary for
the construction of the Near Southside Transportation Center Project, which Project
constitutes a public improvement under Iowa law. The City Council further finds that
acquisition of said property rights is necessary to carry out the functions of the Project, and
that such Project constitutes a valid public purpose under state and federal law.
3. The City Manager, or designee, in consultation with the City Attorney's Office, is authorized
and directed to establish, on behalf of the City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the property
for the established fair market value.
4. The City will attempt to relocate existing tenants and property owners on the site who so
desire into the new structure and will make such attempt prior to offering the commercial
space for sale or rent to the general public.
Resolution No. 00 -80
Page 2
5. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of
property rights for the construction, operation and maintenance of the Project. The City
Manager, or designee, is authorized to sign purchase agreements for the purchase of property
and /or easements, and offers to purchase property and /or easements.
6. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon
direction of the City Attorney, to execute and attest all documents necessary to effectuate the
purchase of said property rights. The City Attorney is hereby directed to take all necessary
action to complete said transactions, as required by law.
In the event the necessary property rights for the Project cannot be acquired by negotiation,
the City Attorney is hereby authorized and directed to initiate condemnation proceedings for
acquisition of any and all property rights necessary to fulfill the functions of the Project, as
provided by law.
Passed and approved this 7th day of March , 20 _DIL•
ATTESL,�
proved by
W/ 3 -p.n
City Attorney's Office
It was moved by _ Vanderhoef and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Champion
X Kanner
X
Lehman
X
O'Donnell
X Pfab
X
Vanderhoef
—�
Wilburn
eleanor /res /near sside res authodzing acquisition
Prepared by: Jeff Davidson, Asst, Director, PCD 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5252
RESOLUTION NO. 00 -81
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND OPN
ARCHITECTS, INC.
WHEREAS, the need to construct the Near Southside Transportation Center has been identified
in the Near Southside Neighborhood Redevelopment Plan and the City of Iowa City Capital
Improvements Program; and
WHEREAS, the City Council has identified a site for said Near Southside Transportation Center
on Block 102 south of Burlington Street; and
WHEREAS, OPN Architects of Cedar Rapids, Iowa, in a team with HLM Architects of Iowa City,
Iowa and Desmond Parking Consultants of Chicago, Illinois have shown that they have the
experience, the available staff, the skill and the desire to complete Phase I architectural and
engineering services for the Near Southside Transportation Center; and
WHEREAS, the design and engineering process will include substantial input from the public; and
WHEREAS, City staff has negotiated a consultant agreement with OPN Architects of Cedar
Rapids, Iowa to conduct Phase I design and engineering services of such a facility, a copy of
which agreement is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The consultant's agreement attached hereto is in the public interest and is approved as to
form and content.
2. The Mayor is authorized to sign and the City Clerk to attest said consultant agreement.
Passed and approved this 7th day of March 2000.
AYOR
roved by
ATTEST:
CI ERK City Attorney's Office
ppdadmin4esVwwu[do
Resolution No. 00 -81
Page 2
It was moved by champion and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
X Kanner
X Lehman
X O'Donnell
x Pfab
x Vanderhoef
X Wilburn
NEAR SOUTHSIDE TRANSPORTATION CENTER
IOWA CITY, IOWA
CONSULTANTAGREEMENT
THIS AGREEMENT made and entered into this 7th day of March 2000 by and between the
City of Iowa City, a municipal corporation, hereinafter referred to as the City and OPN Architects, Inc.,
hereinafter referred to as the Consultant.
WHEREAS, the City of Iowa City seeks to utilize the architectural services of OPN Architects, Inc. for
consulting services for the new Near Southside Transportation Center, hereinafter referred to as the Project.
Project Description:
The City of Iowa City desires to construct a multi -use, multi -modal transportation center
on half of Block 102 in Iowa City. The footprint of the proposed site currently consists of
a surface parking lot, a small office building, a vacant commercial building and associated
parking lot, and a two -story bank building and associated parking lot. None of the
properties are currently controlled by the City of Iowa City. It is anticipated that all
existing buildings on the proposed site will be demolished in order to complete the project.
The proposed transportation center will contain commercial space for retail or office uses
on portions of the first and possibly second levels of the facility, with commercial spaces
facing the street level on all sides of the building. The transportation center will contain
between 450 and 600 parking spaces, depending on the square footage needs of the other
functional areas. The structure will include space for intercity bus operations, a daycare
center, public art, covered bicycle parking, and a utility bill drop -off station. The City will
attempt to relocate any existing tenants on the site into the new structure, and the phasing
of construction of the facility will need to take this into consideration. The consultant will
be specifically asked to evaluate the relocation of the existing bank on the site into the new
facility, including a drive -up banking facility. The north -south alley in the center of Block
102 will be vacated consistent with private redevelopment plans for Block 102.
The City's facilities will be owned and operated by the City of Iowa City and will be
financed jointly by the Federal Transit Administration and by revenue bonds or general
obligation bonds issued by the City of Iowa City. Other sources of locally generated
revenue may also be used to finance the project. The City anticipates the consultant
services described herein to be completed by December 2000,
NOW THEREFORE, it is agreed by and between the parties that the City does now contract with the
Consultant to provide services as set forth herein.
I. Scope of Services:
A. Consultant agrees to perform the following services for the City and to do so in a timely
and satisfactory manner.
Schematic Design Phase:
K
a. The Consultant shall be familiar with the Near Southside
Neighborhood Redevelopment Plan and Near Southside Design
Plan, and shall prepare plans and specifications for the facility
consistent with the planning and design principles contained in
these documents.
b. The Consultant shall become familiar with private redevelopment
plans for the remainder of Block 102 including meeting as
necessary with private property representatives of Block 102.
The Near Southside Transportation Center shall be designed in a
manner, which takes into consideration and is complementary to
private redevelopment plans for the remainder of Block 102.
C. The design of the project shall incorporate all functional areas
stipulated for the facility. There shall be no vehicular entry and
exit permitted on Burlington Street. The facility will be a mix of
commercial space, an intercity bus terminal, a daycare center, a
taxi stand, parking, and covered bicycle parking. The Iowa City
Transit system will not operate through the facility, but shall
operate on the adjacent streets and facilitate a "park and ride"
function of the facility.
d. The selected consultant shall be familiar with the building code
issues associated with constructing occupied commercial spaces
within a structure that includes parking. All architectural and
engineering work completed by the selected consultant shall be
approved by the City of Iowa City Division of Building
Inspection prior to the letting of the project.
C. The following elements shall be included in the design of the
project and preparation of schematic design documents:
1) The Consultant shall meet as needed with City staff, City
Council, the Iowa Department of Transportation, the
Federal Transit Administration, and as requested, other
community groups to confirm design criteria acid discuss
project elements.
2) The Consultant shall prepare preliminary drawings for
discussion including site plans showing site relationships,
floor plans, parking control equipment, and miscellaneous
amenities of the project.
3) The Consultant shall provide a written description concept
and outline specifications indicating the major building
materials, mechanical, electrical, structural, and other
systems required for construction of the project. The
Burlington Street, Dubuque Street, and Court Street
facades of the proposed transportation center shall have a
masonry finish and be designed to resemble an urban
building.
4) The Consultant shall prepare a preliminary estimate of
construction cost, including site development costs, in
sufficient detail to identify any project phasing
requirements, contingencies, design costs through
construction administration, inflation, and any add or
deduct alternates recommended.
5) The Consultant shall be available to assist City staff in
presenting the final project design to community groups.
6) The Consultant shall prepare drawings and other
documents which depict several alternative concepts, which
satisfy program, schedule and budget requirements, and
make a recommendation to the City as to the most
appropriate and/or ranking of the alternatives. Consultant
shall rigid mount one set of drawings for public
presentation.
7) The Consultant shall prepare all materials related to this
project in a manner consistent with the requirements of the
Federal Transit Administration of the United States
Department of Transportation, and the Iowa Department of
Transportation acting as administrative agent for the
Federal Transit Administration.
8) The Consultant shall assist the City with project elements
related to relocating existing commercial tenants of the site
into the new transportation center.
9) The Consultant shall evaluate constructing a direct physical
connection from the proposed transportation center to
adjacent buildings if this is determined to be desirable.
10) The Consultant shall assist in the preparation of historical
documentation of any site structures prior to demolition.
f The City shall be provided with the original and 20 copies of the
final schematic design plan report. Seven copies of the draft
design plan report shall be available for review by City staff. All
elements of the final schematic design plan report shall be
reproducible using a photocopy machine.
g. The Consultant shall complete schematic design according to a
schedule for letting the project that would allow construction to
begin in the spring of 2001.
h. The Consultant shall assist the City in obtaining geotechnical
services, survey work, and a Phase I hazardous material survey.
The cost of geotechnical services, survey work, and hazardous
material survey work will be the responsibility of the City. These
services will be contracted directly with the City, and may involve
the preparation of a Request for Proposal.
i. Upon approval of the schematic design by the City the Consultant
shall prepare final schematic plans, specifications, and cost
estimate.
j. The Consultant shall prepare drawings and other documents that
describe the project's size, structural system, exterior appearance,
colors and materials, mechanical and electrical systems, floor -to -floor
relationships, site relationships, and other appropriate elements.
k. Consultant shall rigid mount one set of drawings for public presentation.
1. Consultant shall update the schematic design preliminary construction
cost estimate.
M. The Consultant shall obtain City approval prior to proceeding to the next
phase of design.
n. Consultant shall provide one rigid mounted set (24" X 36 ") of colored,
with shades and shadows, building elevations for presentation to the City
Council.
o. Consultant shall prepare a 24" X 36" full color perspective rendering of a
view approved by the City.
B. The City Agrees as Follows:
1. The City shall provide information regarding special equipment and system
requirements of the Project.
2. The City shall provide an updated budget including construction costs, City costs,
and contingencies.
3. The City shall designate a staff representative as the primary contact for the
consultant to coordinate any City response required of inquires by the Consultant.
City decisions and responses will be rendered in a timely manner.
4. The City shall furnish all tests, inspections, and reports required by law or the
contract documents.
5. The City shall respond in writing if information, surveys, and reports given to the
Consultant have questionable reliability, beyond those disclaimers given in such
information, surveys, and reports.
6. The City shall promptly in writing inform the Consultant of any Project
deficiencies discovered by the City during its normal review of the progress of
work.
7. If the City requires certification of any portion of the Project work by the
Consultant, the language of such certification shall be submitted to the Consultant
for review and mutual approval at least 14 days prior to execution.
H. Time Of Completion:
A. The Consultant shall complete the various phases of the Project in accordance with a
mutually agreed upon schedule, in accordance with the final schematic design report,
which shall include a specific time of completion schedule.
III. General Terms:
A. The Consultant shall not commit any of the following employment practices and agrees to
prohibit the following practices in any subcontracts.
To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, gender identity, or sexual
orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability,
age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work and
services performed up to the time of termination. However, such sums shall not be greater
that the "lump sum" amount fisted in Section IV. The City may terminate the 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 made available by the City upon reasonable request by
to the Consultant. The City agrees to furnish all reasonable assistance in the use of these
records and files.
P. It is further agreed that no Party to the Agreement shall perform contrary to any state,
federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend such meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall be
given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of the Agreement and upon demand by
the City, copies of all basic notes and sketches, charts, commutations, and any other data
prepared or obtained by the Consultant pursuant to the Agreement without cost, and
without restrictions or limitations as to the use relative to specific projects covered under
this Agreement. hi such event, the Consultant shall not be liable for the City's use of such
documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of
a professional architect affixed thereto or such seal as required by Iowa law.
The City agrees to render 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.
M
L. The drawings, specifications, and other documents prepared by the Consultant for this
Project are instruments of the Consultant's service for use solely with respect to this
Project and, unless otherwise provided, the Consultant shall be deemed the author of these
documents and shall retain all common law, statutory and other reserved rights, including
the copyright. The City shall be pennitted to retain copies, including reproducible copies of
the Consultant's drawings, specifications and other documents for information and
reference in connection with the City's use and occupancy of the Project and the design,
use and occupancy of subsequent City projects. Consultant shall have no liability for
City's use of said documents in connection with subsequent projects. Other than the City,
the Consultant's drawings, specifications or other documents shall not be used by others
on other Projects, unless the Consultant is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate compensation to the Consultant.
M. Fees paid for securing approval of authorities having jurisdiction of the Project will be
paid by the City.
N. Upon signing this Agreement, Consultant acknowledges 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 provisions
enumerated in Section 362.5.
1V. Compensation For Services:
A. The Schematic Design Phase services shall be performed on a time and material basis, not
to exceed $103,500 (one hundred three thousand five hundred dollars). This amount
includes $5,500 for reimbursable expenses.
B. Payments:
Payment for billed services shall be made within thirty (30) days of receipt of
Consultant's invoices.
Reimbursables: The following shall be considered the only reimbursable expenses
allowed when directly incurred for work on this Project (payments shall be made
on scheduled check release dates as per above as sums accumulate). Reimbursable
expenses shall not exceed $5,500.
a. Automobile travel at 32 cents per mile; other transportation expenses in
connection with the Project.
b. Long distance communications.
C. Reproductions of drawings and specifications other than those used for the
Consultant's in -house use among employees and sub - consultants. The
number and cost of Bid Documents shall be agreed to in writing.
d. Postage and handling of documents.
e. Lodging as required for Consultant's consultants.
f Reimbursable expenses are to be calculated by applying a multiple of 1.1
to expenses incurred by the Consultant, Consultant's employees, and sub -
consultants.
Additional Services: Additional services are those Consultant services beyond
those described in the scope of services and agreed to in writing by both parties.
Payments for additional services, if any, shall be made as incurred and as per
City's scheduled check release dates as noted above. Computation for additional
Consultant services shall be calculated as follows:
a. Principals and employees time per the schedule of hourly rates provided
for the personnel involved, as provided in Attachment "A ".
b. Sub - consultants at 1.1 times amounts billed the Consultant.
C. The City recognizes for budgeting purposes the Consultant cannot warrant or represent
those actual bids or negotiated prices will not vary from the City's project budget
construction cost estimates.
D. The Consultant's records for the preparation of fees pertaining to the project shall be
available to the City or City's authorized representative at mutually convenient times.
V. Miscellaneous
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the architectural 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. The Consultant may use exterior and interior photographs, drawings, and renderings of
this project in the Consultant's promotional materials.
D. 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 $1,000,000.00.
E. Nothing contained in this Agreement shall create a contractual relationship with or cause
of action in favor of a third parry against either the City or the Consultant.
F. The Consultant shall have no responsibility for the discovery, presence, handling, removal,
or disposal of or exposure of persons to hazardous or toxic substances which existed on
site previous to this Agreement, or prior to discovery of such materials.
G. In an effort to resolve any conflicts that arise during the design and construction of the
project or following the completion of the project the City and Consultant agree that all
disputes between them arising out of or relating to this Agreement shall be submitted to
non - binding mediation unless the parties mutually agree otherwise.
H. The City and Consultant further agree to include a similar mediation provision in all
Agreements with contractors and consultants retained for this project and to require all
contractors and consultants also to include a similar mediation provision in all Agreements
with subcontractors, sub - consultants, suppliers, or fabricators so retained, thereby
providing for mediation as the primary method of dispute resolution between parties to
those Agreements.
I. The Consultant shall prepare all materials related to this project in a manner consistent
with the requirements of the Federal Transit Administration of the United States
Department of Transportation, and the Iowa Department of Transportation acting as
administrative agent for the Federal Transit Administration.
FOR THE CITY
lot .. .4
e. - u:. .d '.114
/ice_.,,. o i�
A oved By:
2
City Attorney's Office
Date:
3-2- ou
j=gadm\agt\sosi&do
FOR OPN ARCHITECTS, INC.
By: 1�7Tt1
E
ATTACHMENT A
OPN ARCHITECTS, INC.
2000 HOURLY FEE RATE
PRINCIPAL $110/HOUR
ASSOCIATES $80/HOUR
PROJECT ARCHITECT/PROJECT MANAGER $65/HOUR
ARCHITECT $55/11OUR
JOB CAPTAIN $45/HOUR
SENIOR CADD OPERATOR $40/HOUR
CADD OPERATOR $35/HOUR
INTERIOR DESIGNER
$40/HOUR
OFFICE MANAGER
$50/HOUR
SENIOR CLERICAL
$30/HOUR
CLERICAL $25/HOUR
These rates are subject to annual adjustment (on or about January 1) and
your contract will adjust accordingly.
10
ATTACHMENT A
DESMAN ASSOCIATED
HOURLY RATES
Principal............................................................................. ............................... $150 /hour
Associate........................................................................... ............................... $120 /hour
ProjectManager ................................................................. ............................... $110 /hour
ParkingPlanner .................................................................. ............................... $100 /hour
Architect/ Engineer ............................................................. ............................... $100/hour
Technician............................................................................ ............................... $80 /hour
CADD Operator / Draftsperson ............................................. ............................... $70 /hour
Note: Rates effective through December 31, 2000.
11
ATTACHMENT A
HLM DESIGN
HOURLY RATE SCHEDULE
HLM Design:
Principal -in- Charge
Project Director Architect / Engineer
Project Architect / Engineer
Designer (Engineering)
Technician
Clerical
Hourly Rate
$140.00
$120.00
$ 95.00
$ 80.00
$ 65.00
$ 50.00
Prepared by:Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 00 -140
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
STANLEY CONSULTANTS, INC. FOR PROPERTY ACQUISITION AND
RELOCATION SERVICES FOR THE NEAR SOUTHSIDE TRANSPORTATION
CENTER PROJECT
WHEREAS, the City of Iowa City has commenced the Near Southside Transportation Center
project and has authorized acquisition of property needed for the project; and
WHEREAS, property acquisition and relocation services must be conducted in compliance with
State and Federal law; and
WHEREAS, 80% of the cost of said services is reimbursable from the Federal transit
Administration; and
WHEREAS, following a Request for Proposal process the City Attorney has negotiated an
agreement with Stanley Consultants, Inc., to complete property acquisition and relocation
services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Agreement attached hereto is in the public interest and is approved as to form and
content.
2. The Mayor is authorized to sign and the City Clerk to attest said agreement.
Passed and approved this 18th day of A ri 1 201).0
XAYOR
ATTEST: //Ti2.t4-1 -1Z) /i-- ;K -2 L2
CITY CLERK
It was moved by Vanderhnaf and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
—x
X
X
X
eleanortres\stanleyss.doe
oved by
,
City Attorney's Office
W i 1 burn the Resolution be
ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
iv.
CONSULTANT AGREEMENT
.1-t,
THIS AGREEMENT, made and entered into this –[L— i day of r 2000, by and
between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and
Stanley Consultants, Inc., of Muscatine, Iowa, hereinafter referred to as the CONSULTANT.
WHEREAS, the City of Iowa City, Iowa is desirous of obtaining the services of a consulting firm to
provide property acquisition and relocation services for the Near Southside Transportation Center.
NOW THEREFORE, it.is agreed by and between the parties hereto that the CITY does now contract
with the CONSULTANT to provide services as follows:
SCOPE OF SERVICES
CONSULTANT agrees to perform the following services for the CITY, and to do so
in a timely and satisfactory manner. CONSULTANT shall subcontract title work,
appraisals, appraisal review and relocation services with other firms.
CONSULTANT shall coordinate appraisals, appraisal review, provide property
acquisition (negotiations) of four (4) parcels, relocation services of eleven (11) businesses
(eight (8) of which are tenants), abstract continuation, closing services and condemnation
assistance.
CONSULTANT shall: .
• serve as the CITY's professional representative during the performance of
acquisition and relocation services.
• respond to inquiries from owners and tenants.
• work with the CITY staff and attend meetings with the City Council, as requested.
• coordinate the appraisals, appraisal review, relocation assistance, property
acquisition, closing services, and condemnation assistance upon project
assignment by the CITY.
• promptly complete and provide a written relocation plan for the CITY's review.
The written plan is completed prior to the initial relocation contact and during the
appraisal process. The plan allows the CONSULTANT to recognize potential
problems early, and in the event extraordinary measures would be necessary to
perform the relocation assistance process, the CONSULTANT would be aware of
them. It also allows the CONSULTANT to document and substantiate significant
time delays or considerable monetary resources necessary to complete the
relocation.
anjm:dt:1C:CA- Acquisition page i
• deliver a 90-day notice and written offer informing each displacee they are not
required to move earlier than 90 days from date of first negotiation contact, nor
earlier than 30 days from the date compensation has been made available.
• prior to the initial negotiations contact, send by ordinary mail to the owner(s) the
entire approved appraisal report with a description of the 10-day waiting period.
• prepare all purchase agreements and other documents necessary to secure the
required land in compliance with Federal and State Law as implemented by the
LPA Right of Way Manual.
• deliver to each owner of interest (including tenants) a statement of rights, offers to
purchase, purchase agreements, and answer all acquisition and relocation related
questions of each owner and tenant of interest.
• make a reasonable effort to personally contact each property owner(s) and
tenant(s) to negotiate settlements for the acquisition of each parcel based on the
approved appraisal amount or an amount approved by the CITY and if required,
the Federal Transit Administration.
• relocate displaced persons in accordance with State and Federal law and in a
manner necessary to preserve eligibility for reimbursement from federal funding
authority. Also, negotiate relocation of displaced persons back into commercial
area of new facility if they so desire and upon mutual agreement of terms.
• act as an advocate for persons required to move, while at the same time act to
protect the interests of the public as a whole to ensure that benefits provided are
not in excess of those to which the persons are entitled.
• maintain accurate records which shall be available for inspection by the City.
• prepare and submit to the CITY a Weekly Progress Report for the previous
week's activity, which shall include but not limited to a summary of activities for
the week, indicating the status of each parcel, and problems encountered and
remaining unresolved.
• submit a purchase agreement to the CITY for approval upon successful
completion of negotiations and prior to closing.
• make a recommendation to the CITY to institute eminent domain (condemnation)
proceedings to acquire the property if after reasonable efforts have been made and
an agreement cannot be reached.
• prepare acquisition plats for condemnation if necessary.
• submit a recommendation to the CITY to approve the relocation benefits.
cmjm:dr.1C:CA- Acquisition Page 2
coordinate closing of parcels by continuing abstract, preparing deeds and other
documents necessary for the CITY, excluding title opinions. All documents shall
be reviewed and approved by the CITY's legal department prior to execution.
upon parcel completion, audit file for completeness and submit to the CITY.
conduct all property acquisition and relocation in accordance with applicable State
and Federal law, rules and regulations and in a manner necessary to preserve
eligibility for reimbursement from the Federal Funding Authority.
The CITY shall:
have personnel available to provide consultation and guidance regarding project
and process, including consultation with CITY's Legal Department.
prepare Title Opinions for each parcel and record documents with the County
Recorders Office.
provide the necessary legal services to carry out acquisition program.
B. ADDITIONAL SERVICES:
Services requested by CLIENT which are NOT included in BASIC SERVICES as
described herein, shall constitute ADDITIONAL SERVICES. ADDITIONAL
SERVICES shall be authorized by the CLIENT prior to the commencement of the 'work.
TIME OF COMPLETION
The anticipated start date for the project is April 18, 2000 with the engagement to be
completed by the end of the year. It is understood that relocation may extend into the
following year for processing claims and payment time.
It is further understood and agreed by and between the parties hereto that project schedule
depends on input and interaction between the parties as well as other outside factors which may
be unplanned and uncontrollable. Schedule milestones are subject to adjustment based on
actual conditions which occur during the course of the project.
3. 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, or sexual
orientation.
cmjm:rjr:IC:CA-Acquisiliw Page 3
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, 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 such meetings of the City
Council relative to the work set forth in this Agreement. Any requests made by the
CITY shall be given with reasonable notice to the CONSULTANT to assure
attendance.
H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon
demand by the CITY, copies of the acquisition and relocation parcel files and any other
data prepared or obtained by the CONSULTANT pursuant to this Agreement without
cost, and without restrictions or limitation as to the use relative to specific projects
covered under this Agreement. In such event, the CONSULTANT shall not be liable
for the CITY's use of such documents on other projects.
CONSULTANT shall furnish the services of Rita Rasmussen as Project Manager and
shall subcontract with Lila J. Henschen for assistance with relocation services. Any
change in said representatives shall be made only with the approval of CITY.
The CONSULTANT agrees to furnish acquisition plat(s) for condemnation, if
necessary, with the seal of a professional land surveyor affixed thereto or such seal in
accordance with the Code of Iowa.
omjm:rjr:IC:CA- Acquisition Page
K. City Attorney Eleanor Dilkes will act as the CITY's representative with respect to the
work to be performed under this agreement and shall have authority to transmit
instructions, receive information and interpret the CITY's policies and decisions with
respect to the work performed hereunder.
L. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting,
however, that failure of the CONSULTANT to satisfactorily perform in accordance
with this Agreement shall constitute grounds for the CITY to withhold payment of the
amount sufficient to properly complete the Project in accordance with this Agreement.
M. 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.
N. The CONSULTANT shall assemble and return all parcel files, in their entirety, to
CLIENT. Each file will be documented and contain all original information and
documents; all additions and /or revisions; and all executed documents. The
CONSULTANT shall be allowed to keep reproducible copies of all parcel files for the
CONSULTANT's own filing use.
O. Fees paid for securing approval of authorities having jurisdiction over the Project will
be paid by the CITY.
P. 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 board and commissions, has an interest,
either direct or indirect, in this agreement, that does not fall within the exceptions to
said statutory prohibition enumerated in Section 362.5.
4. BASIS OF COMPENSATION
The CONSULTANT will be compensated on a HOURLY basis for DIRECT LABOR,
PLUS REIMBURSABLE EXPENSES for a NOT -TO- EXCEED (NTE) amount of
$62,000.00 for BASIC SERVICES described in Exhibit 1. 1, "Scope of Services" in
accordance with the `7lourly Fees and Charges Fiscal Year 20010- 2001 " (Form C 00-
01), copy attached.
Appraisals $ 8,800.00
Review Appraisal $ 1,700.00
Title Work (abstracting) $1,600.00
Relocation Services $ 4,600.00
Acquisition /Relocation Services $42,300.00
Survey Services $ 6,000.00 **
Expenses $ 5,000.00
Total $71,000.00
a njm:rjr.IC:CA- Acquisition Pages
13
14
The above compensation excludes recording fees, mortgage release processing fees and
any other related fees.
* The above title work quotation excludes continuation or report for any subsequent
abstracting ordered as an update of initial abstracting order.
** The above survey services quotation is based on a cost per parcel and is structured
as follows:
Cost for I Parcel
Cost Per Parcel for 2 Parcels
Cost Per Parcel for 3 Parcels
Cost Per Parcel for 4 Parcels
$2,700.00
$1,900.00 Total: $3,800.00
$1,650.00 Total: $4,950.00
$1,500.00 Total: $6,000.00
Compensation for ADDITIONAL SERVICES will be compensated on a
HOURLY basis for DIRECT LABOR, PLUS REIMBURSABLE EXPENSES
in accordance with the 'Hourly Fees and Charges Fiscal Year 2000 -2001 "
(Form C 00 -01).
The CONSULTANT shall submit invoices monthly. Payments will be made no more
than once monthly according to the CITY's schedule of check release dates, allowing
time for CITY staff review of invoices.
Complete invoice shall, at a minimum, contain the following information:
Project name and contract number
Resource utilization for the billing period in the following categories:
• Professional Staff by hours
• Technical Staff by hours
• Support Staff by hours
• Direct expenses (mileage, equipment, etc.)
A statement of the services rendered during the billing period.
A statement of the progress of the completion of the scope of services.
In no case shall the remaining contract value be less than the value of the services
remaining to complete the scope of services under this agreement, as determined by the
CITY.
cmjm dr.IC:CA- Acquisition Page 6
INSURANCE
The CONSULTANT shall furnish the City with a certificate of insurance by an insruance
company licensed to do business in the State of Iowa, upon which the CITY is endorsed as
additionally insured, in the following limits.
General Liability $1,000,000
Automobile Liability $ 500,000
Excess Liability (Umbrella) $1,000,000
*Workers Compensation,
Statutory Benefits Coverage B
*Professional Liability $1,000,000
( *The CITY shall not be endorsed as additionally insured on the items noted with an asterisk.)
The professional liability insurance certificate shall provide for coverage on a claims made basis
with proof of coverage for the time period of the contract provided to the CITY with each policy
renewal or change. Furthermore, the certificate(s) must clearly disclose on its face that the policy
cannot be canceled or materially altered without giving the CITY written notice 30 days prior to
cancellation or alteration.
These certificates shall be included in Exhibit A.
6. FEDERAL ASSURANCES
A. CONSULTANT agrees to provide the CITY, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any books,
documents, papers and records of the CONSULTANT which are directly pertinent to this
contract.for the purposes of make audits, examinations, excerpts and transcriptions.
B. The CONSULTANT acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 gl ffQ and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this
Project. Upon execution of the underlying contract, the CONSULTANT certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may make,
or causes to be made pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be
applicable, the CONSULTANT further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the CONSULTANT to the extent the Federal Goverment deems
appropriate.
The CONSULTANT also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
a nlm:dr.IC:CA-Acquisilim - Page
49 U.S.C. § 5307 (n)(1) on the CONSULTANT to the extent the Federal Government
deems appropriate.
The CONSULTANT agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
In accordance with Title VI of the Civil rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal
transit law at 49 U.S.C. § 5332, the CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the CONSULTANT agrees to comply with
applicable Federal implementing regulations and other implementing requirements FTA
may issue.
EQUAL EMPLOYMENT OPPORTUNITY:
The following equal employment opportunity requirements apply to the underlying
contract:
1) Race, Color. Creed National Origin Sex - In accordance with Title VII of the
Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49
U.S.C. § 5332, the CONSULTANT agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, "Office of Federal Contract compliance Programs, Equal Employment
Opportunity; Department of Labor," 41 C.F.R. Parts 60 g1 U4., (which implement
Executive Order No. 11246, "Equal employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the
future affect construction activities undertaken in the course of the Project. The
CONSULTANT agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such actioin shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the CONSULTANT agrees to comply with any implementing
requirements FTA may issue.
2) -AU - In accordance with section.4 of the Age Discrimination in Employment Act
of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. §
5332, the CONSULTANT agrees to refrain from discrimination against present
cmjm:r r.IC:CA-Acquisitim Page 8
and prospective employees for reason of age. In addition, the CONSULTANT
agrees to comply with any implementing requirements FTA may issue.
3) Disabilities - In accordance with section 102 of the Americans with Disabilities
Act, as amended, 42 U.S.C. § 12112, the CONSULTANTS agrees that it will
comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment
of persons with disabilities. In addition, the CONSULTANT agrees to comply
with any implementing requirements FTA may issue.
The CONSULTANT also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by FTA, modified only if
necessary to identify the affected parties.
D. The preceding provisions include, in part, certain Standard Terms and Conditions required
by DOT, whether or not expressly set forth in the preceding contract provisions. All
contractual provisions required by DOT, as set forth in FTA Circular 4220. ID, dated
April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The CONSULTANT shall not
perform any act, fail to perform any act, or refuse to comply with any (name or grantee)
requests which would cause (name of grantee) to be in violation of the FTA terms and
conditions.
ENTIRE AGREEMENT
It is agreed that there are no other consideration or monies contingent upon or resulting from the
execution of this Agreement, that it is the entire Agreement, and that no other monies or
consideration have been solicited.
FE CITY FOR HE CONSULTANT
B : / By:
Title: MGtvr,t� Title: VtcE f�ebvoMt 7-
I
Date: (doe t l_ 20op
1
Attest: -L , . �c c . 1
A ,r cdb
�- l7 -DU
City Attorney's Office
anjm:gtJQCA- Acquisition Page 9
Date:
Atte t�
Date: Z�Z(900
Ar ®RE'n CERTIFICATE OF
LIABILITY
INSURANC �COM1 °04 /1200
PRODUCER
Miller, Harrison, & Beckey
Insurance
100 W. Second St.
Muscatine IA 52761
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
COMPANIES AFFORDING COVERAGE
COMPANY
A CNA Insurance Companies
Michael Harrison
Phone No. 319 - 263 -6044 Fa :No. 319- 263 -6667
INSURED
COMPANY
B
COMPANY
Stanley Consultants, Inc.
C
COMPANY
225 Iowa Avenue
Muscatine IA 52761
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
FINSURANCE
POLICY NUMBER
POLICVEFFECTIVE
DATE (MM/DD/YY)
POLICYEXPIRATION
DATE (MMIDD/YY)
LIMITS
ITY
GENERAL AGGREGATE
$2,000,000
PRODUCTS- COMPIOPAGG
$2,000,000
AL GENERAL LIABILITY
TCCP2024216983
Ol /O1 /00
01/01/0 1
rLIABILITY
S MADE � OCCUR
PERSONAL & ADV INJURY
$ 1 , 000 , 000
CONTRACTOR'S PROT
EACH OCCURRENCE
$ 1 , 000 , 000
FIRE DAMAGE(Any one fire)
S100,000
MED EXP (Any one person)
$ 5 , 000
A
ABILITY
ANYAUTO
BUA1098747998
01 /01 /00
01 /01 /01
COMBINED SINGLE LIMIT
$1,000,000
X
X
BODILYINJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILYINJURY
(Per accident)
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
$1,000,000
A
FORM
C2024217065
01/01/00
01/01/01
$
IUMBRELLA
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
WC TORYLITU OER TH-
STAMli
EL EACH ACCIDENT
$ 5OO , OOO
EMPLOYERS' LIABILITY
EL DISEASE - POLICY LIMIT
$500,000
A
THE PROPRIETOR/ INCL
PARTNERSIEXECUTIVE
OFFICERS ARE: IHI EXCL
WC'2024217020
01/01/00
01/01/01
EL DISEASE - EA EMPLOYEE
$500,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS
Certificate holder is included as additional
insured on general liability.
CERTIFICATE HOLDER
CANCELLATION
IOWA018
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City Of Iowa City
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Civic Center
410 East Washington
Iowa City IA 52240
SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE e
Michael Harri
ACORD 25 -S (1195)
CORD CORPORATION 1988
CNA
For All the Cammlt..M. Yon Make"
PROFESSIONAL LIABILITY
ARCHITECTS /ENGINEERS
INSURED: SC COMPANIES, INC.
Policy CIE 00- 822 -09 -75
MEMORANDUM OF INSURANCE
ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY
This memorandum is issued
Addressee: as a matter of information
City of Iowa City
Civic Center
410 East Washington
Iowa City, IA 52240
Name and Address of Insured:
Stanley Consultants, Inc.
225 Iowa Avenue
Muscatine, IA 52761
only and confers no rights
upon the holder. By its
issuance the Company does
not alter, change, modify
or extend the provisions
of said policy and does
not waive any of its
rights thereunder.
Policy Period: 08/05/99 to 08/05/00
$ 1,000,000 Per Claim limit of liability (including claims expenses)
$ 1,000,000 Aggregate limit of liability (including claims expenses)
The policy provides contractual liability coverage for liability of
others which the insured assumes under a written contract provided such
liability is caused solely by the insured's negligent act, error or
omission.
In the event of the cancellation of the Insurance as shown herein, the
Continental Casualty Company or its authorized representative will
provide thirty (30) days prior written notice to the party to whom this
certificate is addressed at the address stated herein. The mailing of
such notice shall be sufficient proof of notice.
The above named insured has in force, on the date indicated below, a
policy of professional liability insurance issued by the Continental
Casualty Company with a limit of liability of not less than the amount
indicated above.
Dated at: Chevy Chase, Maryland Date April 12, 2000
VICTOR 0. SCHINNERER & CO.
BY:
?� 0
1- 91249 -A Authorized Representative
Hourly Fees and Charges
Fiscal Year 2000 -2001
I. Compensation for office -based personnel located In the contiguous United States for
time used In the performance of the work shall be In accordance with the following
Hourly Fees:
Classification
Hourly Fee
Classification
Hourly Fee Classffcalbn Hourly Fee
SC -1
25.30
SC-8
66.00 SC -15
115.10
SC -2
31.70
SC -9
71.40 SC -16
129.00
SC -3
37.40
SC -10
77.00 SC -17
146.65
SC-4
43.25
SC -11
84.05 SC -18
164.25
SC -5
48.70
SC -12
91.00 SC -19
198.00
SC-6
53.95
SC -13
98.25
SC -7
60.40
SC -14
106.30
Travel time in
the Interest of
the work and away from the assigned office,
either local
or Intercity, will be charged in
accordance with the foregoing schedule.
When traveling
by public carrier,
the maximum
charge will be
eight hours per day.
II. Compensation for Items of expense and other charges Incurred In connection with the
performance of the work shall be In accordance with the following schedule:
Automobile
Automobile Assigned to Project Site
Four -Wheel Drive Vehicles
Four -Wheel Drive Vehicles Assigned to Project Site
Mylar Plots
Global Positioning System Receivers
Grand Transportation (rental car, taxi, etc.)
Alf Travel (commercial and charto)
Living Expenses (away from assigned office)
Telephone and Facsimile
Equipment Rental
Laboratory Work
Soils Testing and Analysis
Outside Photographic Work
Duplicating Work
Technical Testing and Surveying Equipment
$ 0.381mlle
$25.00 / cal.day
$ 0.55/mile
$35.00 /cal.day
$10.00 1plot
$18.50 /hour
At Cost Plus 10%
At Cost Plus 10%
At Cost Plus 10%
Al Cost Plus 10%
At Cost Plus 10%
At Cost Plus 10%
At Cost Plus 10%
At Cost Pius 10%
(schedule supplied upon request)
(schedule supplied upon request)
III. Compensation for purchases, Items of expense, and other charges not scheduled above,
Incurred In connection with the performance of the work, shall be at cost plus 10 %.
IV. Compensation for dale processing system use shall be at the applicable unit cost.
Corrpersadon for use of proprietary computer programs shall be as a surcharge rate applied
to the data processing system charges. Conponsalion for outside computer system services
shall be at net cost plus a surcharge rate to cover data communication costs. Compensatlon
for programming, data entry, and consultation shall be in accodance with Article I above.
(Schedule supplied upon request.)
V. Interest at the rate of 1 -1Q% per month will be charged on Invoices not paid within 30 days.
VI. Charges are subject to revision on or after March 31, 2001.
Form C 00 -01
IN THE IOWA DISTRICT COURT IN AND
MOD POD, INCORPORATED, )
Plaintiff, )
V. )
THE CITY OF IOWA CITY, IOWA )
Defendant. )
FOR JOHNSON COUNTY
�_ C7
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No. EQCV060751
rr�
ACCEPTANCE OF SERVICE D
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Tc.
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I, Eleanor M. Dilkes, attorney for the Defendant, The City of Iowa City, Iowa, do hereby
acknowledge receipt of a copy of the Original Notice with a copy of the Petition attached thereto in
this cause. Receipt of said documents is acknowledged this Q 0 day of April, 2000.
I further consent to the jurisdiction of the District Court of Iowa, in and for Johnson County,
in connection with these proceedings, and hereby enter my Appearance herein for the Defendant,
The City of Iowa City, Iowa.
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
a0--0)"L-
Eleanor M. Dilkes
On this & day of April, 2000, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Eleanor M. Dilkes, attorney for the Defendant City of Iowa
City, Iowa, to me known to be the person who executed the foregoing instrument and acknowledged
that she executed the above as her voluntary act and deed.
Notary'-Public, State of Iow
4�9 ANNE ROWLEY
My I orryffissign Expires
C
T1
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M
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Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232
RESOLUTION NO. 00 -192
RESOLUTION APPROVING AN INVITATION TO SELECTED EASTERN IOWA
ARTISTS FOR THE PUBLIC ART COMPONENT OF THE NEAR SOUTHSIDE
TRANSPORTATION CENTER.
WHEREAS, the Iowa City Public Art Program Acquisition Procedures provide for City Council
consideration of any call or invitation to artists; and
WHEREAS, the Public Art Advisory Committee wishes to include public art in the Near Southside
Transportation Center; and
WHEREAS, the Public Art Advisory Committee has developed an invitation to selected artists,
including a proposed budget; and
WHEREAS, the Public Art Advisory Committee at their meeting on June 1, 2000 recommended
approval of same.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The invitation to artists, attached hereto, for public art in the Near Southside Transportation
Center is hereby approved.
Passed and approved this 13th day of
ATTEST: c_)
CIT CLERK
2000 .
A roved by
(a41 00
City Attorney's Office
It was moved by Vanderhoef and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Champion
X
Kanner
X
Lehman
X
O'Donnell
X
Pfab
X
Vanderhoef
X
Wilburn
ppd*es�nearsouth.do
The Public Art Program
of the City of Iowa City
was established in
September 1997. The
intention of the Public Art
Program is to enhance
public spaces, promote
Iowa City as a cultural
center, and build Iowa
City's image as a vital
place to live and work.
This will be accomplished
by the integration and
placement of art in public
projects and places. The
Public Art Program is
supported by a specific
allocation of $100,000 of
public funds per fiscal
year. A Public Art
Advisory Committee has
been appointed to assist
in the development and
management of this
program.
The mission of the Public
Art Advisory Committee,
as stewards of the City of
Iowa City, is to enhance
the appearance of the
city through the selection
and integration of art in
a public environment.
2000 Membership:
Nancy Purington
Gary Nagle
Terry Trueblood
Rick Fosse
Sandra Hudson
Emily Vermillion
Stephen Perkins
INVITATION
t�
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Invitation
The Public Art Advisory Committee of the City of Iowa City is issuing an invitation to five
eastern Iowa artists to present qualifications to undertake a public art project in the
proposed Near Southside Transportation Center in downtown Iowa City.
Project Parameters
• The selected artist will work individually, or with an artist selected team, with the
project architect to develop an appropriate public art concept for the transportation
center.
• Upon development of the public art concept, the artist and /or artists' team is expected
to review the concept with the Public Art Advisory Committee.
• The artist will be responsible for conception, design, fabrication and installation of the
public art. Employment of a team of artists or subcontractors will be at the artist's
discretion, but must stay within the prescribed budget for the project.
• The public art concept should include permanent work and consider the Transporta-
tion Center building as a whole.
Project Budget
Approximately $50,000 including design, fabrication and installation.
Project Timeline
Work with the project architect will begin immediately.
Selection Process
Submitted materials will be reviewed by the Public Art Advisory Committee and the
project architect. Interviews will take place June 29, 2000.
Deadline for Receipt of Materials:
Thursday, June 22, 2000 by 5:00 P.M.
Iowa Ciiy Public Art Program
Near Southside Transportation Center
Background and Site Description
The Near Southside Transportation Center is a federally- funded project under a Liv-
able Cities Grant. The Federal Transit Administration (FTA) allocates funds to cities to
build facilities which will encourage the use of transit and minimize automobile trips.
In the Iowa City project, a building which incorporates parking, child care and transit
stops is being proposed in the block bound by Burlington, Clinton, Court and
Dubuque streets. In addition to the uses noted, the building will include the inter -city
bus station, a taxi stand and approximately 27,000 square feet of commercial space.
Construction is planned to cover most of the east half of the block. The FTA pays for
80% of the cost of the total project.
As part of Iowa City's effort to enhance the community through the provision of public
art, an artist is being sought to conceptualize and coordinate the inclusion of public
art in this project. No particular medium is determined at this time, however the Public
ArtAdvisory Committee (PAAC) has considered exterior architectural elements,
murals or mosaics, tile work, and lighting. The artist will be expected to work with the
project architect, OPN of Cedar Rapids, to conceptualize a public art component for
this project and participate in, or coordinate a team of artists in, fabrication and instal-
lation of the art work. Work with the architect must begin as soon as possible; first
phase architectural concepts are to be completed by September 30, 2000. These
concepts need not include detail of the public art element but the public art component
should be known.
Five eastern Iowa artists are being invited to participate in this invitational competition
and will be interviewed by the PAAC and the project architect.
Submission Materials
A. Artists should submit ten (10) collated sets of printed submission materials,
organized in the specific order as described below.
A letter of interest (one page maximum) including any background information
thatwould support the artist's qualifications for this project.
2. Resume including education, exhibits, honors, and galleries.
3. A description of any similar projects completed with references. One copy of
up to ten (10) 35 mm slides of similar projects or related work are encouraged.
B. All materials submitted will become property of the Iowa City Public ArtAdvisory
Committee.
SUBMISSIONS MUST BE RECEIVED BY 5:00 P.M.
Thursday, June 22, 2000
SEND TO: KARIN FRANKLIN, DIRECTOR
PLANNING & COMMUNITY DEVELOPMENT
CITY OF IOWA CITY
410 EAST WASHINGTON STREET
IOWACITY, IOWA 52240
QUESTIONS: (319)356 -5232
email: karin _ franklin @iowa - city.org
pp WP.g.hs fi P65
I n vil a lio n
TABLE OF CONTENTS
Environmental Assessment
Near Soathside Transportation Center
Page
I. NEED FOR AND DESCRIPTION OF THE PROPOSED ACTION ..................... I -1
PROPOSED ACTION .................................................................... ............................... I -1
PROJECT SETTING ...................................................................... ............................... I -2
Location............................................................................. ............................... I -2
LandUse and Zoning ......................................................... ............................... I -3
Existing Transit Operations ................................................ ............................... I -3
PROJECT HISTORY AND PLANNING .......................................
............................... I -4
NEED FOR THE PROJECT ...........................................................
............................... I -4
PlanningObjectives ...........................................................
............................... I -4
Park - and -Ride Function .....................................................
............................... I -5
Daycare Services Function .................................................
............................... I -6
Motor Vehicle Access ........................................................
............................... I -6
II. ALTERNATIVES ......................................................................... ............................... II -1
ALTERNATIVES CONSIDERED ................................................. ............................... II -1
BuildAlternatives .............................................................. ............................... II -1
No -Build Alternative .......................................................... ............................... II -1
EVALUATION PROCESS ............................................................. ............................... II -1
PREFERRED ALTERNATIVE ..................................................... ............................... II -4
IH. ENVIRONMENTAL ANALYSIS
....... ............................... III -1
LANDACQUISITION ................................................................... ...............................
III -1
LANDUSE / ZONING ..................................................................... ...............................
III -1
ENVIRONMENTAL JUSTICE ...................................................... ...............................
III -3
AIRQUALITY ............................................................................... ...............................
III -3
NOISE............................................................................................. ...............................
III -4
WATERQUALITY ........................................................................ ...............................
III -4
WETLANDS................................................................................... ...............................
III -5
FLOODING.................................................................................... ...............................
HI -5
NAVIGABLE WATERWAYS AND COASTAL ZONES ............ ...............................
III -5
ECOLOGICALLY SENSITIVE AREAS ....................................... ...............................
III -5
ENDANGERED SPECIES ............................................................. ...............................
III -5
HAZARDOUS MATERIALS ........................................................ ...............................
III -6
TRAFFIC AND PARKING ............................................................ ...............................
III -6
Traffic................................................................................. ...............................
III -6
Summary............................................................................ ...............................
III -8
41205 1A&WTOCdoc March 2001
Environtnental Assessment
Near Southside Transportation Center
Parking............................................................................... ............................... III -8
HISTORIC PROPERTIES AND PARKLANDS ........................... ............................... III -9
Section 106 Considerations ................................................ ............................... III -9
Section 4(f) Considerations ................................................ ............................... III -9
CONSTRUCTION.......................................................................... ............................... III -10
Disruption of Utilities ........................................................ ............................... III -10
Disposal of Debris and Spoil .............................................. ............................... III -10
Noise.................................................................................. ............................... III -10
Water Quality and Runoff .................................................. ............................... III -11
Access and Distribution of Traffic ..................................... ............................... III -11
Air Quality and Dust Control ............................................. ............................... III -12
Safety and Security ............................................................ ............................... III -12
Disruption of Businesses .................................................... ............................... III -12
AESTHETICS............................................................................... ............................... III -12
COMMUNITY DISRUPTION ....................................................... ............................... III -12
ENERGY REQUIREMENTS AND POTENTIAL FOR CONSERVATION ............... III -13
SAFETY AND SECURITY ............................................................ ............................... HI -13
Traffic Safety .............. ...............................
SECONDARY DEVELOPMENT ... ...............................
CONSISTENCY WITH LOCAL PLANS ......................
IV. AGENCIES AND PERSONS CONSULTED
AGENCY COORDINATION .......................
PUBLIC COORDINATION .........................
APPENDICES
......................... III -13
.......................... III -14
.......................... HI -15
IV -1
....... ............................... IV -1
....... ............................... IV -2
A. Early Coordination and Agency Letters
B. Memorandum of Agreement for Archaeology
C. Summary of April 19 and 20, 2000, Public Information Meetings
412051A&WTOCdoc March 2001
LIST OF TABLES
Table
Environmental Assessment
Near Southside Transportation Center
I Alternative Evaluation Criteria ....................................................... ............................... R -2
2 Near Southside Transportation Center Site Selection ..................... ............................... II -3
3 Near Southside Transportation Center Business Displacements ..... ............................... III -2
4 Population Characteristics for Iowa City, Iowa .............................. ............................... III -3
5 Estimated Traffic Volumes Immediately Adjacent to Proposed
FacilityAfter Opening .................................................................... ............................... III -7
6 Construction Noise/Distance Rel ationship ...................................... ............................... III -10
LIST OF FIGURES
Fig ire
1 Project Location Map
2 Architect's Schematic Views of First Floor and Elevation
3 Land Use, Zoning and Buildings in Project Area
4 Alternative Sites Considered
41205 1A&WTOC.doc Mach 2001
Environnrenta! Assessment
Near Southside Transportation Center
I. NEED FOR AND DESCRIPTION OF THE PROPOSED ACTION
PROPOSED ACTION
The proposed project is located in Johnson County (population 96,119) in the community of Iowa City
(Figure 1) (population 59,738). In the last three decades, considerable time, money and energy has been
invested in the revitalization of downtown Iowa City. Careful attention has been given to the design of
new structures, the design of the streetscape, pedestrian and vehicular circulation, parking and transit
service. Because of this effort, Iowa City has one of the more vital and attractive downtowns in the
Midwest.
Downtown Iowa City possesses a mix of transportation modes and is accessible to both motorists and
non - motorists. The City operates a downtown parking system with 3,186 parking spaces, including both
parking garages and surface lots. Downtown Iowa City is also very accessible to pedestrians, bicyclists
and public transit users.
The proposed action concerns the construction of a new transportation center in the Near Southside
neighborhood of Iowa City. The project is needed because of a lack of park- and -ride facilities in the
downtown area. The facility is also an integral part of a neighborhood redevelopment plan intended to
assist in complementing the adjacent downtown area. The project would consist of a single structure with
an intercity bus terminal, daycare center and a 5 -level parking garage. Space for two arriving or departing
buses would be located outside the bus depot. It is anticipated that the facility would serve approximately
23 intercity buses and 219 local transit buses per day.
The proposed Near Southside Transportation Center would occupy slightly less than one -half of a square
block within the Near Southside neighborhood. It is intended to serve both Iowa City and its
commutershed, which covers much of east - central Iowa. The project consists of the following elements:
• Transit Access. The Near Southside Transportation Center will be served directly or indirectly by all
Iowa City Transit, Coralville Transit and the University of Iowa CAMBUS routes. This accessibility
to public transit will enable the facility to serve park- and -ride functions as well as accommodating
persons commuting by transit from outlying areas of the community.
• Protected Bicycle Parking Facilities. The Near Southside Transportation Center will include
covered bicycle parking or bicycle lockers to facilitate commuting by bicycle.
• Intercity Bus Terminal. The facility would replace the current intercity bus terminal, which is
somewhat dilapidated and ultimately scheduled for demolition. Locating the intercity bus terminal
within the Near Southside Transportation Center will facilitate transfers with Iowa City Transit,
Coralville Transit and University of Iowa CAMBUS.
• Taxicab Stand. An area for taxicab service will be located in the public street adjacent to the Near
Southside Transportation Center.
• Parking. Parking compatible with the size and scale of the Near Southside neighborhood is proposed
within the Near Southside Transportation Center, approximately 565 spaces depending on the space
that is required for other elements incorporated into the structure. Parking is anticipated to be long-
term and will primarily serve park -and -ride commuter traffic, in particular, commuters who wish to
41205 1AAndt- Descrip.doe I- I March 2001
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• `� Near Southside Transportation Center Project Location Map
o Environmental Assessment
cr
a) o City of Iowa City, Iowa
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O'L Oct. 2000 41205