1. real estate

NORTH LIBERTY
CITY COUNCIL
REGULAR SESSION
APRIL 28, 2015
CITY ADMINISTRATOR MEMO
City Council Memo
for April 28, 2015
from the desk of Ryan C. Heiar
Meetings & Events
Tuesday, Apr 28 at 6:30p.m.
City Council
Monday, May 4 at 6:00p.m.
Telecommunications
Commission
Consent Agenda
The following items are on the consent agenda and included in your
packet:

City Council Minutes (04/14/15)

Claims

March Revenues

Liquor License – LD Express
Tuesday, May 5 at 6:30p.m.
Planning Commission
Clear Creek Watershed Management Authority
Thursday, May 7 at 7:00p.m.
Jennifer Fencel with ECICOG will be at Tuesday’s meeting to provide an
Parks & Recreation
update on a watershed management project that her organization is
Commission
working on in conjunction with other local jurisdictions. Included in your
Tuesday, May 12 at 6:30p.m.
City Council
Thursday, May 14 at 6:30p.m.
packet is Ms. Fencel’s Power Point, which includes information
concerning the creation of a Clear Creek Watershed Authority as
provided for in recent state legislation. A portion of the Clear Creek
watershed is located in the south west part of North Liberty.
City Council Training
Smigel Rezoning
The Planning Commission and staff have recommended approval of a
rezoning petition for 15.26 acers of property owned by Carolyn
Matousek and David Smigel, located at the northwest corner of Jones
Boulevard and Forevergreen Road. Currently, 15.25 acers are zoned ID
(Interim Development) and .01 acres is zoned RS-4 (Single-family
Residential). The request is to zone 15.1 acres to RD-10 (Residential
Duplex) and .16 acres to RS-4.
There was a very good discussion at Planning Commission on this
application, with neighbors and the applicant attending and being heard
by the Commission. The meeting video is available at the link below for
your convenience:
Ryan C. Heiar, City Administrator
[email protected] • office (319) 626-5700 • fax (319) 626-3288 • cell (319) 541-8404
published April 24, 2015 •page 1
http://northlibertyiowa.org/government/commissions-boards/planning-and-zoning-commission/
North Liberty WWTP Improvements, Phase 2
The public hearing for the wastewater treatment plant expansion project, which has an estimated price
tag of $15.625 million, is on Tuesday’s agenda, along with a resolution approving the plans and
specifications. The bid opening is scheduled for May 7 with the expected contract award date of May 12.
A breakdown of costs as well as a project schedule can be found in your packet. A complete set of the
plans and specifications are available at City Hall.
OnBase Software
Integrated Data Products has provided a contract for purchase of the software and a maintenance
agreement for OnBase Information Management Software. OnBase is the records management program
proposed in the FY 16 budget. The execution of these documents will start the process of getting the
program installation scheduled in early FY 16.
Liberty High School Site Plan Agreement and East Side Utilities Project Easements
Included in your packet is a site plan agreement with the Iowa City Community School District for the
construction of Liberty High School at the northeast corner of the intersection of Dubuque Street and
North Liberty Road. The agreement identifies the previously discussed requirements and expectations of
the City and ICCSD for this project, including provisions for water/sewer hookup fees, storm water
management and addressing a potential future ball field lighting issue.
Also on the agenda are two easements granted by ICCSD, one for a sewer extension on the east side of
Van Allen related to the eastside utilities project, and the other a temporary construction easement for the
eventual road improvements on Dubuque Street and North Liberty Road. Staff recommends approval of
the site plan agreement and the two easements.
Dive Team 28E Agreement
North Liberty, along with several other local agencies including the Johnson County EMA, have
established and been participating in a dive team. The group has decided that it’s time to memorialize
the entities expectations and requirements for this team via a 28E agreement. Included in your packet is
the proposed agreement, recommended by staff for approval.
Ranshaw House Historical Resource Development Program (HRDP) Application
The City is partnering with the Johnson County Historical Society to apply for HRDP funds. The grant
funds requested are $75,000 with a match of $50,000 from the City. The funds will be used for HVAC and
electric updates, painting, floor and wall restoration, restroom installation and other improvements until
the entire amount is expended. This project would get the house to a usable standard where more events
and activities can occur on the property.
published April 24, 2015 •page 2
North Liberty Water Main Project
Earlier this week, four bids were received for this water
system improvement project. The low bid is from Dave
Schmitt Construction Co. in the amount of $787,454. The
engineer’s estimate for the project was slightly lower at
Dave Schmitt Construction Co. Ricklefs Excavating Ltd. Calacci Construction Co. Miller Trucking & Excavating $787,454 $827,000 $865,500 $1,035,910 $745,000. Shive Hattery has reviewed the bids and is recommending approval of the bid and contract
with Dave Schmitt Construction Co. (see included letter from Shive Hattery as well as bid tabulation).
Penn Meadows Park Project
Staff is recommending approval of a work proposal from Shive Hattery in the amount of $45,500 for
design and inspection work for the Penn Meadows Park Improvements project. As previously discussed,
this project includes a new restroom/concessions facility, splash pad, and water and sewer utility work.
published April 24, 2015 •page 3
AGENDA
1. Call to order
AGENDA
North Liberty City Council
April 28, 2015
Regular Session
6:30 p.m.
City Council Chambers
2. Roll call
3. Approval of the Agenda
4. Consent Agenda
A. City Council Minutes, Regular Session, April 14, 2015
B. Claims
C. March Revenues
D. Liquor License Renewal, LD Express, Class B Wine, Class C Beer with Sunday sales
endorsement
5. Public Comment
6. City Engineer Report
7. City Attorney Report
8. City Administrator Report
9. Mayor Report
10. Clear Creek Watershed
A. Presentation – Jennifer Fencl, ECICOG
B. Discussion regarding participation in Clear Creek Watershed project
11. Smigel Rezoning
A. Public hearing regarding proposed zoning changes
B. Staff and Planning Commission recommendations
C. First consideration of Ordinance Number 15-01, An Ordinance amending Chapter 167
of the North Liberty Code of Ordinances by amending the use regulations on property
owned by Carolyn K. Matousek, David A. Smigel and Holly C. Smigel located in North
City of North Liberty – 2015
Page: 1
Updated: April 23, 2015 4:00 p.m.
Liberty, Iowa to those set forth in the Municipal Code for the RD-10 Duplex
Residential and RS-4 Single Family Residential Zoning Districts
12. WWTP Improvements Project, Phase 2
A. Public hearing regarding proposed plans, specifications, form of contract and estimate
of cost for the WWTP Improvements Project, Phase 2
B. Resolution Number 15-53, A Resolution finally approving and confirming plans,
specifications, form of contract and estimate of cost for the Wastewater Treatment
Plant Improvements Project, Phase 2
13. OnBase Software
A. Resolution Number 15-54, A Resolution approving the Proposal and Software
Maintenance Agreement for OnBase Information Management Software between the
City of North Liberty and Integrated Data Products, Inc.
14. Liberty High School Site Plan and East Side Utilities Project
A. Resolution Number 15-55, A Resolution approving the amended Site Plan Agreement
between the City of North Liberty and Iowa City Community School District that
establishes the terms and conditions under which the site plan for Liberty High School
will be approved in the City of North Liberty, Iowa
B. Resolution Number 15-56, A Resolution approving the Public Easement Agreement
between Iowa City Community School District and the City of North Liberty, Johnson
County, Iowa
C. Resolution Number 15-57, A Resolution approving the Public Easement Agreement
between Iowa City Community School District and the City of North Liberty, Johnson
County, Iowa
15. Dive Team 28E Agreement
A. Resolution Number 15-58, A Resolution approving the 28E Agreement between
Johnson County, Iowa City, Cedar Rapids, Johnson County Emergency Management
Agency and the University of Iowa for the joint provision of underwater search and
recovery in the cooperating jurisdictions
16. Ranshaw House HRDP Application
A. Resolution Number 15-59, A Resolution in support of the application to the Historical
Resource Development Grant Program
17. North Liberty Water Main Project
A. Resolution Number 15-60, A Resolution accepting the bid and authorizing the
acceptance of the contract between the City of North Liberty and Dave Schmitt
Construction Company for the North Liberty Water Main Improvements Project
City of North Liberty – 2015
Page: 2
Updated: April 23, 2015, 4:00 p.m.
18. Penn Meadows Park Project
A. Resolution Number 15-61, A Resolution approving the Services Agreement between
the City of North Liberty and Shive-Hattery, Inc. for services relating to the Penn
Meadows Park Improvements Project
19. Old Business
20. New Business
21. Adjournment
City of North Liberty – 2015
Page: 3
Updated: April 23, 2015, 4:00 p.m.
CONSENT AGENDA
Minutes
North Liberty City Council
April 14, 2015
Regular Session
Call to order
Mayor Nielsen called the April 14, 2015 Regular Session of the North Liberty City Council to
order at 6:30 p.m. Councilors present: Chipman, Donahue, Hoffman, Pollock, Wayson.
Others present: Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley,
Stefan Juran and other interested parties.
Approval of the Agenda
Chipman moved, Pollock seconded to approve the agenda. The vote was all ayes. Agenda
approved.
Consent Agenda
Wayson moved, Hoffman seconded to approve the Consent Agenda including City Council
Minutes from the Regular Session on March 24, 2015; the attached list of Claims; Pay
Application Number 1 for the Sanitary Upgrade Project to Maxwell Construction, Inc. in the
amount of $521,985.52; Pay Application Number 1 for the East Growth Area Water &
Sewer Extensions Project to Langman Construction in the amount of $125,365.33; and
Change Order Number 2 for the Highway 965, Phase 2 Reconstruction to Horsfield
Construction in an increase of $70,038.57. After discussion, the vote was all ayes. The
Consent Agenda was approved.
Public Comment
No public comment was offered.
City Engineer Report
City Engineer Trom reported on the sewer upgrades project. The pipe should all be in by
the end of the week, except for the Front Street crossing. Trom updated Council on the
water main project on tonight’s agenda. He attended a meeting regarding the Jordan
Aquifer. The state code on withdrawal limits of the Jordan Aquifer is being updated to limit
the ambiguity. The comment period on the plan ended today. The Environmental
Protection Committee will then finalize it with an effective date of August 2015. Johnson
County is a targeted area for the state. This change could force North Liberty into
cooperative water programs with other communities. Council discussed his report with
Trom.
City of North Liberty – 2015
Page: 1
City Attorney Report
City Attorney Peterson reported that the Weinman trial is set for May 3, 2016. A second
case has been filed. It will be set for the same date assuming the judge will order the cases
be consolidated. Peterson reported that the easements for the water project on the agenda
tonight were met with much cooperation from property owners. Council training will be
held on May 14. Peterson requested that if Council has specific issues relating to Council
rules that those issues be sent to Peterson by April 27 so they can be discussed at the next
meeting.
City Administrator Report
City Administrator Heiar reported on the Highway 965 Project. The City is anticipating a
start on 230th Street widening on April 20, but the actual asphalt application can’t occur
until the asphalt plant opens on April 27. The Highway 965/Scales Bend intersection
closing is projected to be May 4, but is weather dependent. The work should last for 45 to
60 days. The East Growth Utilities project is moving ahead. All trees were removed by
April 1. The contractor has started to install pipe. About 1,500 feet of pipe and five
manholes have been installed. The environmentalist conducted the turtle survey. No
turtles were found in the potential habitat area. The contractor and engineering firm will
continue to monitor the area daily for turtles. The Census Bureau is sending the letter to
start the process of the special census. This letter starts the hiring process for those who
will conduct the Census. Council discussed Heiar’s report with him.
Mayor Report
Mayor Nielsen read the proclamation recognizing Jerry McBride, Jr. for actions to protect
another’s life.
Mayor Nielsen proclaimed April 24, 2015 as Arbor Day.
Nielsen and two members of Tree & Stormwater Board attended Tree City USA ceremony
in Johnston. The community ID program was approved by Johnson County last week.
Trail Upgrades Project
Trom provided details on the trail project. Council discussed the agenda item with staff.
Donahue moved, Wayson seconded to approve Resolution Number 15-43, A Resolution
accepting the bid and authorizing acceptance of the contract between the City of North
Liberty and LL Pelling Company for the North Liberty Trail Improvements Project. The
vote was: ayes – Donahue, Pollock, Hoffman, Chipman, Wayson; nays –none. Motion
carried.
East Growth Area Water & Sewer Extensions Project
Heiar provided additional information on the agreement on the agenda.
Chipman moved, Pollock seconded to approve Resolution Number 15-44, A Resolution
approving the Temporary Construction Easement Agreement for the North Liberty
City of North Liberty – 2015
Page: 2
Sanitary Sewer and Water System Improvements Project between Larry H. Ogden and
Mary Jo Ogden and the City of North Liberty, Iowa. The vote was: ayes – Hoffman, Wayson,
Donahue, Pollock, Chipman; nays – none. Motion carried.
North Liberty Water Main Project
At 6:56 p.m., Mayor Nielsen opened the public hearing regarding proposed plans,
specifications, form of contract and estimate of cost for the North Liberty Water Main
Project. No oral or written comments were submitted. The public hearing was closed.
Donahue moved, Hoffman seconded to approve Resolution Number 15-45, A Resolution
finally approving and confirming plans, specifications, form of contract and estimate of cost
for the North Liberty Water Main Project. The vote was: ayes – Wayson, Hoffman,
Donahue, Chipman, Pollock; nays – none. Motion carried.
Chipman moved, Hoffman seconded to approve Resolution Number 15-46, A Resolution
approving the Temporary License and Public Water Service Installation Easement
Agreement for the North Liberty Water Main Project between William Elsner and Angela
Elsner and the City of North Liberty, Iowa. The vote was: ayes – Pollock, Wayson, Chipman,
Hoffman, Donahue; nays – none. Motion carried.
Pollock moved, Donahue seconded to approve Resolution Number 15-47, A Resolution
approving the Temporary License and Public Water Service Installation Easement
Agreement for the North Liberty Water Main Project between Birdella K. Rowley and the
City of North Liberty, Iowa. The vote was: ayes- Hoffman, Chipman, Donahue, Pollock,
Wayson; nays – none. Motion carried.
Hoffman moved, Wayson seconded to approve Resolution Number 15-48, A Resolution
approving the Temporary License and Public Water Service Installation Easement
Agreement for the North Liberty Water Main Project between Fergalatch, LLC and the City
of North Liberty, Iowa. The vote was: ayes- Donahue, Chipman, Pollock, Hoffman, Wayson;
nays – none. Motion carried.
Pollock moved, Wayson seconded to approve Resolution Number 15-49, A Resolution
approving the Temporary License and Public Water Service Installation Easement
Agreement for the North Liberty Water Main Project between Denise Ament-Moore and the
City of North Liberty, Iowa. The vote was: ayes – Pollock, Wayson, Hoffman, Chipman,
Donahue; nays – none. Motion carried.
Chipman moved, Hoffman seconded to approve Resolution Number 15-50, A Resolution
approving the Temporary License and Public Water Service Installation Easement
Agreement for the North Liberty Water Main Project between Rita E. Jensen and the City of
North Liberty, Iowa. The vote was: ayes – Chipman, Wayson, Donahue, Pollock, Hoffman;
nays – none. Motion carried.
City of North Liberty – 2015
Page: 3
Wayson moved, Donahue seconded to approve Resolution Number 15-51, A Resolution
approving the Temporary License and Public Water Service Installation Easement
Agreement for the North Liberty Water Main Project between Vernon M. Detert and
Kathleen Sheryl Detert-Hunter and the City of North Liberty, Iowa. The vote was: ayes –
Hoffman, Chipman, Wayson, Pollock, Donahue; nays – none. Motion carried.
Assessment Resolution
Donahue moved, Chipman seconded to approve Resolution Number 15-52, A Resolution
authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa
to individual property taxes. After discussion, the vote was: ayes – Wayson, Hoffman,
Chipman, Pollock, Donahue; nays – none. Motion carried.
Corridor Communication Agreement
Council discussed the agreement. Council consensus was to continue discussion on this
issue with staff reaching out to counterparts to reopen the conversation on this item.
Old Business
No old business was presented.
New Business
Councilor Chipman provided a Legislative update. Councilor Hoffman updated on the
CEMP meeting. Councilor Wayson thanked all that helped with Muddy Creek Clean Up. He
reported that Johnson County Emergency Management had over 100 people apply for the
Deputy Director position. Mayor Nielsen thanked staff who helped with Community Day
for third graders and reported on the Americorps reception.
Adjournment
At 7:30 p.m., Hoffman moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.
CITY OF NORTH LIBERTY
By:
____________________________________
Amy Nielsen, Mayor
Attest:
____________________________________
Tracey Mulcahey, City Clerk
City of North Liberty – 2015
Page: 4
MARCH 31ST, 2015
MONTH-TO-DATE
YEAR-TO-DATE
BALANCE
BALANCE
________________________________________________________________________
010-GENERAL FUND
365,226.42
5,444,521.37
011-FIRE EQUIPMENT CAPITA
0.00
0.00
012-LIBRARY CAPITAL FUND
0.00
4,500.00
013-RECREATION CAPITAL FU
0.00
95,000.00
014-POLICE CAPITAL FUND
900.00
8,506.59
015-TRANSPORTATION IMPACT
30,811.68
699,202.52
016-STORMWATER IMPACT FEE
0.00
0.00
017-TREE PROGRAM
0.00
376.45
018-PARK CAPITAL FUND
0.00
58,645.00
019-YOUTH SPORTS SCHOLARS
2,144.90
16,161.76
020-EQUIPMENT REVOLVING
557.05
5,713.39
021-TELECOMMUNICATIONS EQ
0.00
0.00
022-LIBRARY TAG
0.00
0.00
023-LIBRARY ENDOWMENT
0.00
0.00
024-DRUG TASK FORCE
0.00
10,593.93
025-POLICE SEIZED FUNDS
0.00
5,405.00
060-ROAD USE TAX FUND
121,871.45
1,084,078.74
061-STREET CAPITAL PROJEC
0.00
511,194.02
062-IJOBS STREETS
0.00
0.00
090-TIF FUND
100,663.95
2,158,671.64
110-DEBT SERVICE FUND
19,923.04
587,447.04
210-TRUST AND AGENCY
21,429.07
584,095.61
280-CUSTOMER DEPOSITS
11,090.00
126,214.33
310-COMMUNITY CENTER II C
0.00
0.00
311-FRONT STREET RECONSTR
0.00
0.00
312-CHERRY STREET RECONST
0.00
0.00
313-TIF PROJECTS
0.00
0.00
314-ENTRYWAY DEVELOPMENT
0.00
0.00
315-HIGHWAY 965 IMPROVEME
0.00
2,244,307.81
316-COMMUNITY CENTER PHAS
0.00
0.00
317-TRAIL PROJECTS
0.00
0.00
318-EC DEVELOPMENT PROJEC
0.00
0.00
319-PENN STREET IMPROVEME
233,586.99
360,118.99
320-LIBERTY CENTER PROJEC
0.00
0.00
321-LAND/FACILITIES
0.00
179,477.00
322-LIBRARY BUILDING FUND
2,390.44 (
50,118.92)
323-LIBERTY CENTRE BLUES/
0.00
0.00
324-RANSHAW HOUSE PROJECT
0.00
0.00
510-WATER FUND
229,248.24
2,199,419.85
511-WATER CAPITAL RESERVE
0.00
453.35
512-WATER SINKING FUND
68,979.33
620,813.97
513-WATER BOND RESERVE
0.00
0.00
514-WATER CAPITAL PROJECT
0.00
252,128.50
520-SEWER FUND
278,033.88
2,629,932.69
521-SEWER CAPITAL RESERVE
15,583.33
178,513.31
522-SEWER SINKING FUND
86,077.17
775,224.53
523-WASTEWATER TREATMENT
0.00
515,877.16
524-SEWER TRUNK AND I&I
0.00
723,372.00
525-SEWER DEBT SERVICE RE
0.00
0.00
530-STORMWATER MANAGEMENT
15,420.00
139,925.34
532-STORMWATER SINKING FU
0.00
0.00
________________________________________________________________________
GRAND TOTAL REVENUE
1,603,936.94
22,169,772.97
License Application ( BC0021554
Applicant
Name of Applicant:
)
Liberty Doors Inc
Name of Business (DBA): LD Express
Address of Premises: 900 W Penn St
City North Liberty
County: Johnson
:
Business
(319) 626-2621
Phone:
PO Box 48
Mailing
Address:
City North Liberty
State IA
:
:
Zip: 5231700
00
Zip: 52317
Contact Person
Name Rick Streb
:
Phone: (319) 626-2621
Email
Address:
Classification Class C Beer Permit (BC)
:
Term:12 months
Effective Date: 05/15/2015
Expiration Date: 05/14/2016
Privileges:
Class B Wine Permit
Class C Beer Permit (BC)
Sunday Sales
Status of Business
Privately Held Corporation
BusinessType:
Corporate ID Number:
103263
Federal Employer ID 42-1007236
#:
Ownership
Thomas Streb
First Name:
Thomas
Last Name:
Streb
City:
North Liberty
State:
Iowa
Position:
Owner
% of Ownership: 1.01%
Zip: 52317
U.S. Citizen: Yes
Rick Streb
First Name:
Rick
Last Name:
Streb
City:
North Liberty
State:
Iowa
Position:
Owner
% of Ownership: 48.99%
Zip: 52317
U.S. Citizen: Yes
Linda Streb
First Name:
Linda
Last Name:
Streb
City:
North Liberty
State:
Iowa
Zip: 52317
Position:
Owner
% of Ownership: 1.01%
U.S. Citizen: Yes
Todd Streb
First Name:
Todd
Last Name:
Streb
City:
North Liberty
State:
Iowa
Position:
Owner
% of Ownership: 48.99%
Zip: 52317
U.S. Citizen: No
Insurance Company Information
Insurance Company:
First Western Insurance
Policy Effective Date:
Bond Effective
Continuously:
Outdoor Service Effective
Date:
Temp Transfer Effective
Date:
Policy Expiration
Date:
Dram Cancel Date:
Outdoor Service Expiration
Date:
Temp Transfer Expiration Date:
No.4162
Johnson County Pub] ic Health
Mar. 24. 2015 9:07AM
P. 2/3
City ofNortll lLiberty
Inspection Report f01· Alcoholic Beverage JLic~nsiJng
Chapter ].5.04 of the Mn11foipal Code
ended
C..l~'1>~/3, \,,) \WI,
Legal Name of Applicant:
k:M,=,,__b'l--1-=0=coa<¥.o.:(5""----.-=Il=N=t='·----------
,-CU-".
Name ofBush1.e~s (DBA):
I
Lt c'Lpv..op?
'
'PD ~ox 4i
AddrllllS of Business;
Contact Phone:
/ Section 5.04.100 of the Municipal Codo 1•eguJ1'6S apptOV'al.from the folloWiQg Citv and Connty Departments
City of North Liberty Inspection Depa1,·tment: .
Tue above men ·
roperty is located within a zoning district permitting the sale ox consumption of
alcoholic beverage ,.,,.
. D11te
Code Official :
An inspectio:u was performed at the above referenci:4 property to vetify fire extinguish"r maintenance pl'Ogram
anq, exit .requirem"nts.
·
··
·
Date
Designated Fire Inspector
Johnijon County Health Depat-tment: ·
The above mentioned food facility at the listed address is:.(check one)
~currently license in aoootdanoe with IowaFopd Code.
City ofNoi·th Lfbe1·ty
lf~£5
Iworq Permit
Renewal letter
.3 /~) ! S"
J3xpb:es.rd1.df:;}!
License
Official e-mail
CLEAR CREEK WATERSHED
PROJECT
Clear Creek Watershed
Management Authority
Authori
Introduction Presentation
March / April 2015
Background

Watershed Management Authority (WMA) created
under legislation in 2011

Goal: improve water quality & mitigate floods at
watershed level

Requires multi-jurisdictional planning,
communication, and coordination to accomplish

WMAs, watershed level assessment & planning
becoming more important for grant opportunities
WMA Activities in IAC
IA 466B(3)







Assess flood risks in watershed
Assess water quality in watershed
Assess options to reduce flood risk & improve water
quality
Monitor federal flood risk planning & activities
Educate residents about water quality & flood risk
Allocate moneys made available to WMA for water
quality & flood mitigation
Make & enter into contracts/agreements and execute
all instruments necessary or incidental to its duties
Clear Creek WMA Project
Proj

Form watershed management authority (WMA) in
Clear Creek watershed

Coralville contract w/ ECICOG to facilitate the
process & complete the project

Intended results:
– 28E Agreement per Iowa Code Chapter 466B, Subchapter III
approved by political subdivisions
– Board of Directors established
– By-laws drafted
– Apply for Watershed Plan funding
Clear Creek Watershed
North
bfl' l '1
Municipal Area
PENN TWP
IOWA CITY·~
"'1
!!
•,dowCr
Political Subdivisions

Iowa County

Johnson County

Cities of Coralville, North Liberty, Tiffin,
Oxford, Iowa City

Iowa Soil & Water Conservation District

Johnson Soil & Water Conservation
District
Steps to form Clear Creek
Cre WMA

Invite all political subdivisions

Draft 28E Agreement & By-laws

Local adoption of agreement & appointment
of Board member

File the approved agreement

WMA Board to approve By-laws
Questions?
Jennifer Fencl
East Central Iowa Council of Governments
319-365-9941 ext. 131
[email protected]
ICWMA Website
www.indiancreekwatershed.weebly.com
SMIGEL REZONING
March 23, 2015
Memo
To: North Liberty Planning Commission
From: Dean Wheatley, Planning Director
Subject: Request of Hodge Construction Company to approve a rezoning of:
15.09 acres, ID (Interim Development district) to RD-10 (Residential Duplex),
.01 acres, RS-4 (Single-family Residential) to RD-10, and
.16 acres, ID to RS-4,
for property owned by Carolyn Matousek and David Smigel, generally located at the northwest corner of
Jones Boulevard and Forevergreen Road.
(Legal: Smigel First Addition)
Your North Liberty city staff has reviewed the subject submission, and offer comments presented in this
memo. The staff review team includes the following personnel:
Ryan Heiar, City Administrator
Tracey Mulcahey, Assistant City Administrator
Tom Palmer, City Building Official
Scott Peterson, City Attorney
Kevin Trom, City Engineer
Dean Wheatley, Planning Director
Background and Statistics
This request is to rezone property to permit the development of duplex lots. A Good Neighbor meeting
was held on February 24 to allow any interested party an opportunity to comment on this rezoning prior
to submission. About 12 residents as well as the applicant's agent Kevin Digman and engineer Paul
Anderson (MMS) attended the meeting. Most residents were opposed to duplex zoning based on concerns
that a precedent of duplex zoning would be set for the area as it develops further, and that the units have a
potential to become rentals and run down. The owner who lives immediately west of the proposal is very
concerned that she would now have 7 families' back yards along the side of her large rural lot. Two of the
attendees voiced support for the potential application. As can be seen on the zoning map inset, zoning
surrounding and in the vicinity of the site includes ID, RS-4, RM-12, and C-1-B. Both Jones Boulevard
and Forevergreen Road are major arterials in the major street system. Development of this site will
require payment to the City of substantial fees for sanitary sewer and roadway improvements, totaling
$750 per acre for the West Trunk Sewer fee, $127 per foot for Jones Boulevard improvements, and $158
per foot for Forevergreen Road improvements.
The property is shown as
“residential” on the Land Use
Plan, and so the request is
consistent with that policy.
Under the proposed concept
plan, 26 duplex lots would be
created around two short culde-sac streets, which would
permit the construction of 52
housing units. One existing
single-family home would
remain, with access provided
over a new street. Currently
there is only substandard
access to this lot through the
farmyard of the larger lot.
Existing housing unit counts
within North Liberty are
approximately:
Single-family: 2,738 (37.6%)
Multi-family: 2,536 (34.8%)
Duplex: 1,271 (17.4%)
Res/Commercial: 213 (3%)
Mobile Home: 531(7.3%)
The RD-10 zone requested permits the lot for each unit to be as small as 4,500 square feet in size. The
only other duplex zone, RD-8, requires not less than 5,000 square feet per lot.
Subdivision Ordinance Provisions Affecting This Development
The owner will need to ensure that required setbacks are met in establishing new lot lines, which should
not be difficult. Proposed corner lots are larger than others, as recommended by the City to provide
somewhat larger yards. Storm water management is proposed to be created at the southeast corner of the
site, the most logical location. As stated earlier, there will be substantial development fees associated with
this development, for sanitary sewer connections and for roadway improvements.
Zoning Ordinance Provisions Affecting This Development
No Zoning Ordinance provisions are out of the ordinary.
Staff Comments Regarding the Proposed Zoning
Storm water impacts. Storm water from this site will need to be managed on the site with detention
and/or retention. Ponds are shown on the concept plan.
Street/Traffic impacts. Both Jones Boulevard and Forevergreen Road are classified as arterial streets.
Jones Boulevard was recently upgraded and Forevergreen Road will likely be improved within the next
several years. Locations proposed for the intersections with internal roadways are appropriate for
development.
Land use impacts and adjacent properties. The general location of higher-density zoning is consistent
with the City’s policy of establishing higher density near the major arterial streets, especially near their
intersections. Other large-lot single-family property owners in the vicinity are concerned about precedentsetting, but realistically this general area near the intersection is logically best-suited for higher density
development, with a transition to single-family moving away from the intersection. The question might be
at what point should that transition take place? Should it be within this property, at its border, or beyond?
Land use and zoning recommendation. In rezoning considerations, suitability and compatibility are
key issues in addition to land use policy. In this case, the site is physically suitable for the development
proposed, and duplex development proposed is almost always considered compatible with single-family
development; however, the neighbor immediately west of the site makes a good case that her existing
one-acre lot would be in the back yards of seven families based on the concept plan presented and there
seems to be no good alternatives to the layout proposed. While normally large-lot property owners at the
edge of a growing city should not expect the city to force new development to match theirs, this
privacy/yard issue merits special consideration because of the number of potential units. The general
concern expressed by neighbors that duplexes here might be rentals and not well-kept is not fact-based or
quantifiable.
Staff recommends approval of the rezoning request subject to the following:
1. That the southwestern-most lots are configured to maximize their depth by moving the street as far
east as possible at the time of platting. This can be made more feasible by extending the lots east of
the street closer to the proposed private storm water feature. In addition, a substantial landscape
buffer and/or wall shall be designed, approved by the City as part of the plat, and established prior to
issuance of building permits for lots adjacent to existing lot 6, Chipmans Third Subdivision. This
buffer should be designed to achieve a mostly uniform height and density of 5’-6’ within 5 years of
planting.
2. That a substantial landscape buffer is designed, approved by the City as part of the plat, and
established prior to issuance of building permits for the areas between Jones Boulevard and concept
lots 8-13, 20-22, and 27 to provide enhanced privacy for those lots. This buffer should be designed to
achieve a varying height and density with trees and shrubs to provide not a solid wall but a substantial
screen/landscape area within 5 years of planting.
3. That the landscape areas are identified on the final plat with a note indicating that ongoing
maintenance is required, by the owners of the westerly lots and by the association for the Jones
Boulevard frontage.
4. That a note limiting the building heights on lots 1 and 2, backing up to existing lot 6, Chipmans Third
Addition be included on the plat, to ranch-style homes.
Recommended for approval by the Planning Commission on April 7 with conditions 1-4 above.
ORDINANCE NO. 15-01
AN ORDINANCE AMENDING CHAPTER 167 OF THE NORTH
LIBERTY CODE OF ORDINANCES BY AMENDING THE USE
REGULATIONS ON PROPERTY OWNED BY CAROLYN K.
MATOUSEK, DAVIDA A. SMIGEL AND HOLLY C. SMIGEL
LOCATED IN NORTH LIBERTY, IOWA TO THOSE SET FORTH
IN THE MUNICIPAL CODE FOR THE RD-10 DUPLEX
RESIDENTIAL AND RS-4 SINGLE FAMILY RESIDENTIAL
ZONING DISTRICTS
IOWA:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY,
SECTION 1. AMENDMENT. Chapter 167 Zoning Code Definitions of the North Liberty
Code of Ordinances (2013) is hereby amended by amending the zoning on property legally
described as:
ID (Interim Development) to RD - 10 (Duplex Residential)
COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, SMIGEL FIRST ADDITION,
NORTH LIBERTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED
IN PLAT BOOK 40, AT PAGE 314, IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N00°46'02"W, ALONG THE WEST LINE OF SAID
SMIGEL FIRST ADDITION, 40.00 FEET, TO THE POINT OF BEGINNING; THENCE
CONTINUING N00°46'02"W, ALONG SAID WEST LINE OF SMIGEL FIRST ADDITION,
374.99 FEET, TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SMIGEL FIRST
ADDITION; THENCE NORTHEASTERLY, 58.62 FEET, ALONG THE SOUTHERLY LINE
OF SAID LOT 1, AND AN ARC OF A 105.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, WHOSE 57.86 FOOT CHORD BEARS N15°13'37"E; THENCE
N89°13'58"E, 146.71 FEET; THENCE NORTHWESTERLY, 3.58 FEET, ALONG AN ARC
OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 3.58 FOOT
CHORD BEARS N19°30'22"W; THENCE NORTHWESTERLY, 44.70 FEET, ALONG AN
ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 43.48
FOOT CHORD BEARS N00°19'22"W, TO A POINT ON THE SAID SOUTHERLY LINE OF
LOT 1; THENCE N58°42'39"E, ALONG SAID SOUTHERLY LINE, 44.30 FEET, TO THE
SOUTHEAST CORNER THEREOF; THENCE N00°46'02"W, ALONG THE EAST LINE OF
SAID LOT 1, A DISTANCE OF 229.23 FEET, TO THE NORTHEAST CORNER THEREOF;
THENCE S89°16'43"W, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF
200.00 FEET, TO THE NORTHWEST CORNER THEREOF, AND A POINT ON THE
WEST LINE OF SAID SMIGEL FIRST ADDITION; THENCE N00°46'02"W, ALONG SAID
WEST LINE OF SMIGEL FIRST ADDITION, 618.01 FEET, TO THE NORTHWEST
CORNER THEREOF; THENCE N89°16'43"E, ALONG THE NORTH LINE OF SAID
SMIGEL FIRST ADDITION, 531.22 FEET, TO ITS INTERSECTION WITH THE WEST
RIGHT-OF-WAY LINE OF JONES BOULEVARD; THENCE S00°46'02"E, ALONG SAID
WEST RIGHT-OF-WAY LINE OF JONES BOULEVARD, 1344.44 FEET; THENCE
S88°57'43"W, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 531.22
North Liberty – 2015
Page 1
Ordinance Number 15-01
FEET, TO SAID POINT OF BEGINNING, CONTAINING 15.09 ACRES, (657,303
SQUARE FEET), AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
RS-4 (Single Family Residential) to RD-10 (Duplex Residential)
COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, SMIGEL FIRST ADDITION,
NORTH LIBERTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED
IN PLAT BOOK 40, AT PAGE 314, IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N00°46'02"W, ALONG THE WEST LINE OF SAID
SMIGEL FIRST ADDITION, 414.99 FEET, TO THE SOUTHWEST CORNER OF LOT 1 OF
SAID SMIGEL FIRST ADDITION, AND THE POINT OF BEGINNING; THENCE
CONTINUING N00°46'02"W, ALONG SAID WEST LINE, 55.62 FEET; THENCE
N89°13'58"E, 15.94 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1;
THENCE SOUTHEASTERLY, 58.62 FEET, ALONG SAID SOUTHERLY LINE OF LOT 1,
AND AN ARC OF A 105.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY,
WHOSE 57.86 FOOT CHORD BEARS S15°13'37"W, TO SAID POINT OF BEGINNING,
CONTAINING 0.01 ACRE, (286 SQUARE FEET), AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
ID (Interim Development) to RS-4 (Single Family Residential)
COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, SMIGEL FIRST ADDITION,
NORTH LIBERTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED
IN PLAT BOOK 40, AT PAGE 314, IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N00°46'02"W, ALONG THE WEST LINE OF SAID
SMIGEL FIRST ADDITION, 414.99 FEET, TO THE SOUTHWEST CORNER OF LOT 1 OF
SAID SMIGEL FIRST ADDITION; THENCE NORTHEASTERLY, 58.62 FEET, ALONG
THE SOUTHERLY LINE OF SAID LOT 1, AND AN ARC OF A 105.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, WHOSE 57.86 FOOT CHORD BEARS
N15°13'37"E, TO THE POINT OF BEGINNING; THENCE CONTINUING
NORTHEASTERLY, 73.65 FEET, ALONG SAID SOUTHERLY LINE OF LOT 1, AND AN
ARC OF A 105.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 72.15
FOOT CHORD BEARS N51°18'55"E; THENCE NORTHEASTERLY, 9.17 FEET, ALONG
SAID SOUTHERLY LINE OF LOT 1, AND AN ARC OF A 15.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, WHOSE 9.03 FOOT CHORD BEARS N53°53'44"E;
THENCE SOUTHEASTERLY, 95.54 FEET, ALONG SAID SOUTHERLY LINE OF LOT 1,
AND AN ARC OF A 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,
WHOSE 81.66 FOOT CHORD BEARS S88°52'37"E; THENCE SOUTHEASTERLY, 44.70
FEET, ALONG AN ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 43.48 FOOT CHORD BEARS S00°19'22"E; THENCE
SOUTHEASTERLY, 3.58 FEET, ALONG AN ARC OF A 25.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 3.58 FOOT CHORD BEARS S19°30'22"E;
THENCE S89°13'58"W, 146.71 FEET, TO SAID POINT OF BEGINNING, CONTAINING
0.16 ACRE, (6,920 SQUARE FEET), AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
North Liberty – 2015
Page 2
Ordinance Number 15-01
And shown on Attachment A from ID Interim Development District to RS-4 Single Family
Residential and RD-10 Duplex Residential Zoning Districts.
SECTION 2. REPEALER. All Ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION 3. SEVERABILITY. If any section, provision or part of this Ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
First reading _______________.
Second reading ____________________.
Third and final reading ______________________.
CITY OF NORTH LIBERTY:
_______________________________________
AMY NIELSEN, MAYOR
ATTEST:
_______________________________________
TRACEY MULCAHEY, CITY CLERK
I certify that the forgoing was published as Ordinance No. 15-01 in the North Liberty Leader
on the ___ day of ____________, 2015.
_______________________________________
TRACEY MULCAHEY, CITY CLERK
North Liberty – 2015
Page 3
Ordinance Number 15-01
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PLAT PREPARED BY:
MMS CONSULTANTS INC.
1917 S. GILBERT STREET
IOWA CITY, IA 52240
OWNER:
CAROLYN K. MATOUSEK
1280 W. FOREVERGREEN ROAD
NORTH LIBERTY, IA 52317
APPLICANT:
HODGE CONSTRUCTION CO.
711 S. GILBERT STREET
IOWA CITY, IA 52240
APPLICANl'S ATTORNEY:
KIRSlEN FREY
920 S. DUBUQUE STREET
IOWA CITY, IA 52240
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1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-82112
COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, SMIGEL F'IRST ADDITION, NORTH LIBERTY, IOWA, IN ACCORDANCE WITH THE PLA.T THEREOF
RECORDED IN PLA.T BOOK 40, AT PAGE 314, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFACE; THENCE N00'46'02•w, ALONG
THE WEST LINE OF SAID SMIGEL F'IRST ADDITION, 414.99 FEET, TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SMIGEL F'IRST ADDITION;
THENCE NORTHEASTERLY, 58.62 FEET, ALONG THE SOUTHERLY LINE OF' SAID LOT 1, AND AN ARC OF A 105.00 F'OOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, WHOSE 57.86 FOOT CHORD BEARS N1513'3rE, TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY, 73.65
FEET, ALONG SAID SOUTHERLY LINE OF LOT 1, AND AN ARC OF A 105.00 F'OOT RADIUS CURVE, CONCAVE SOUTHEA.SlERLY, 'M-IOSE 72.15 F'OOT
CHORD BEA.RS N5118'55•E; THENCE NORTHEA.SlERLY, 9.17 FEET, ALONG SAID SOUTHERLY LINE OF LOT 1, AND AN ARC OF' A 15.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 9.03 FOOT CHORD BEA.RS N53"53'44•E; THENCE SOUTHEASTERLY, 95.54 FEET, ALONG SAID
SOUTHERLY LINE OF LOT 1, AND AN ARC OF' A 50.00 F'OOT RADIUS CURVE. CONCAVE SOUTHWESTERLY, WHOSE 81.66 F'OOT CHORD BEARS
588"52'37.E; THENCE SOUTHEASTERLY, 44.70 FEET, ALONG AN ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WliOSE
43.48 F'OOT CHORD BEARS S0019'22.E; THENCE SOUTHEASTERLY, 3.58 FEET, ALONG AN ARC OF A 25.00 F'OOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, WHOSE 3.58 F'OOT CHORD BEARS s19·30•22•E; THENCE SB913'58·w. 146.71 FEET, TO SAID POINT OF BEGINNING, CONTAINING
0.16 ACRE, (6,920 SQUARE FEET), AND SUBJECT TO EASEMENTS AND RESlRICTIONS OF RECORD.
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RECORDED IN PLAT BOOK 40, AT PAGE 314, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFACE; THENCE N00'46'02•w, ALONG
THE WEST LINE OF SAID SMIGEL F'IRST ADDITION, 414.99 FEET, TO THE SOUTHWEST CORNER OF' LOT 1 OF' SAID SMIGEL F'IRST ADDITION, AND
THE POINT OF BEGINNING; THENCE CONTINUING N00'48'02•w, ALONG SAID WEST LINE, 55.62 FEET; THENCE N8913'58•E. 15.94 FEET, TO A
POINT ON THE SOUTHERLY LINE OF' SAID LOT 1; THENCE SOUTHEA.SlERLY, 58.62 FEET, ALONG SAID SOUTHERLY LINE OF LOT 1, AND AN ARC
OF A 105.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 57.86 FOOT OiORD BEA.RS S1513'37•w, TO SAID POINT OF BEGINNING,
CONTAINING 0.01 ACRE. (286 SQUARE FEET), AND SUB..ECT TO EASEMENTS AND RESTRICTIONS OF' RECORD.
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CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
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COMMENCING AT THE SOUTHWEST CORNER OF' LOT 2, SMIGEL FIRST ADDITION, NORTH LIBERTY, IOWA, IN ACCORDANCE WITH THE PLA.T THEREOF'
RECORDED IN PLAT BOOK 40, AT PAGE 314, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFACE; THENCE N00'48'02•w, ALONG
THE WEST LINE OF SAID SMIGEL F'IRST ADDITION, 40.00 FEET, TO THE POINT OF' BEGINNING; THENCE CONTINUING N00'46'02•w, ALONG SAID
WEST LINE OF SMIGEL F'IRST ADDITION, 374.99 FEET, TO THE SOUTHWEST CORNER OF LOT 1 OF' SAID SMIGEL F'IRST ADDITION; THENCE
NORTHEASTERLY, 58.62 FEET, ALONG THE SOUTHERLY LINE OF SAID LOT 1, AND AN ARC OF A 105.00 F'OOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, WHOSE 57.86 F'OOT CHORD BEARS N1513'3rE; THENCE N8913'58.E, 148.71 FEET; THENCE NORTHWESlERLY, 3.58 FEET,
ALONG AN ARC OF A 25.00 F'OOT RADIUS CURVE, CONCAVE SOUTHWESlERLY, WHOSE 3.58 FOOT OiORD BEARS N19"30'22•W; THENCE
NORTHWESTERLY, 44.70 FEET, ALONG AN ARC OF' A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, 'M-IOSE 4.3.48 F'OOT OiORD BEA.RS
N0019'22•w, TO A POINT ON THE SAID SOUTHERLY LINE OF LOT 1; THENCE N58'42'39•E. ALONG SAID SOUTHERLY LINE, 44.30 FEET, TO THE
SOUTHEAST CORNER THEREOF'; THENCE N00'46'02•w, ALONG THE EAST LINE OF' SAID LOT 1, A DISTANCE OF 229.23 FEET, TO THE NORTHEAST
CORNER THEREOF; THENCE 58916'4.3.W, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 200.00 FEET, TO THE NORTHWEST CORNER
THEREOF', AND A POINT ON THE WEST LINE OF' SAID SMIGEL F'IRST ADDITION; THENCE N00'46'02•w, ALONG SAID WEST LINE OF' SMIGEL F'IRST
ADDITION, 618.01 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N8916'4.3.E, ALONG THE NORTH LINE OF SAID SMIGEL F'IRST ADDITION,
531.22 FEET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF' JONES BOULEVARD; THENCE S00'46'02•E, ALONG SAID WEST
RIGHT-Of-WAY LINE OF JONES BOULEVARD, 1344.44 FEET; THENCE 588"57'4.3.W, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF
531.22 FEET, TO SAID POINT OF BEGINNING. CONTAINING 15.09 ACRES, (657,303 SQUARE FEET), AND SUBJECT TO EASEMENTS AND
RESlRICTlONS OF RECORD.
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Projec..t No,
IOWACITY
8362019
of,
1
WWTP IMPROVEMENTS
PROJECT, PHASE 2
Phase II WWTP Treatment Plant Improvements
North Liberty, Iowa
Project Schedule
Phase/Task
Date
Bidding
Receive Bids
May 7, 2015
Award Construction Contract
May 12, 2015
Construction
Start Construction
June 2015
Substantial Completion
June 2017
Final Completion
Sept. 2017
Phase II Wastewater Treatment Plant Improvements
North Liberty, Iowa
Item
Civil / Site / Misc.
Preliminary Treatment and Flow Equalization
Secondary Treatment Improvements
Biological Nutrient Removal Facilities
Solids Handling Facilities
Garage Addition
Control Building Modifications
Security Cameras
Controls
Subtotal Construction
Bidding Contingency
Construction Contingency Allowance
Total Construction
Engineering
Total Project*
4/24/2015
Cost Opinion
$
1,187,000
$
1,425,000
$
5,173,000
$
732,000
$
2,491,000
$
276,000
$
352,000
$
55,000
$
714,000
$
12,405,000
10% $
1,240,000
$
275,000
$
13,920,000
$1,705,000
$
15,625,000
* Total Project Cost does not include cost to replace existing membranes,
the cost to convert existing trains to LeapMBR, or the cost of
adding the 5th cassette to trains 1-4. Those will be added as needed
in the future.
RESOLUTION NO. 15-53
RESOLUTION FINALLY APPROVING AND CONFIRMING PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR
THE
NORTH
LIBERTY
WASTEWATER
TREATMENT
PLANT
IMPROVEMENTS PROJECT, PHASE 2
WHEREAS, the City Council of the City of North Liberty, Iowa, has heretofore given
preliminary approval to the plans, specifications, form of contract and estimate of cost (the
“Contract Documents”) for the proposed Wastewater Treatment Plant Improvements
Project, Phase 2 (the “Project”), as described in the notice of hearing on the Contract
Documents for the Project and the taking of bids therefor; and
WHEREAS, a hearing has been held on the Contract Documents on April 28, 2015;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North
Liberty, Iowa, as follows:
Section 1. The City Council hereby delegates to the City Clerk and/or the
Project Engineer the duty of receiving bids for the Project until 10:00 o’clock a.m. on
May 7, 2015 at the City Administration Building in the City. At such time and place
the City Clerk and/or the Project Engineer open such bids received and announce the
results thereof. The City Council will consider bids received at the City Council
meeting to be held on May 12, 2015 at 6:30 p.m. at City Council Chambers in the
City.
Section 2. The City Clerk is hereby authorized and directed to give notice of
the hearing and taking of bids by publication of such notice in a newspaper of general
circulation in the City, which publication shall be made not less than 4 and not more
than 45 days prior to the date for receipt of bids and not less than 4 and not more than
20 days prior to the date of the said hearing. The said notice shall be in the form
substantially as attached to this resolution.
Section 3. “Pursuant to Section 1.150-2 of the Income Tax Regulations (the
“Regulations”) of the Internal Revenue Service, the City declares (a) that it intends to
undertake the Project, (b) that other than (i) expenditures to be paid or reimbursed
from sources other than the issuance of bonds, notes or other obligations (the
“Bonds”), or (ii) expenditures made not earlier than 60 days prior to the date of this
Resolution or a previous intent resolution of the City, or (iii) expenditures amounting
to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures
constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the
Regulations, no expenditures for the Project have heretofore been made by the City
and no expenditures will be made by the City until after the date of this Resolution or
a prior intent resolution of the City, and (c) that the City reasonably expects to
reimburse the expenditures made for costs of the City out of the proceeds of the
Bonds. This declaration is a declaration of official intent adopted pursuant to
Section 1.150-2 of the Regulations.
North Liberty – 2015
Resolution Number 15-53
Section 4. The Contract Documents referred to in the preamble hereof are hereby
finally approved, and the prior action of the City Council giving preliminary
approval is hereby finally confirmed, and the Project, as provided for in the Contract
Documents, is necessary and desirable.
Section 5. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
APPROVED AND ADOPTED this 28th day of April, 2015.
CITY OF NORTH LIBERTY:
_______________________________________
AMY NIELSEN, MAYOR
North Liberty – 2015
ATTEST:
_______________________________________
TRACEY MULCAHEY, CITY CLERK
Resolution Number 15-53
ONBASE SOFTWARE
AGREEMENT
OnBase® Information Management System
SOFTWARE MAINTENANCE AGREEMENT
This Agreement is made and entered into this 1st day of July, 2015, by and between Integrated Data Products, Inc., an Iowa Corporation with its principal
offices in Cedar Rapids, Iowa (“Service Provider”), and the City of North Liberty, Iowa (“Licensee”):
RECITAL:
WHEREAS, Service Provider is an authorized reseller of Hyland Software, Inc. and has marketed to Licensee certain OnBase® Information Management
System software modules of Hyland Software, Inc.;
WHEREAS, Licensee has licensed the specified software from Hyland Software, Inc. pursuant to the terms of an OnBase® End User License Agreement (as
the same may be amended or modified from time to time, the “EULA”); and
WHEREAS, Licensee desires to obtain, and Service Provider is willing to provide, maintenance and technical support services for the specified software and
the delivery of generally released upgrades and enhancements with respect to such software from Hyland Software, Inc.;
NOW, THEREFORE, the parties mutually agree as follows:
1.
DEFINED TERMS.
The following terms shall have the meanings set forth below for all purposes of this Agreement:
2.
(a)
Documentation. “Documentation” means electronic on-line material, including user manuals, provided by Hyland Software, Inc. for the Software and that
relate to the functional, operational or performance characteristics of the Software.
(b)
Error. “Error” means any defect or condition inherent in the Software that causes the Software to fail to perform in accordance with the current
Documentation published by Hyland Software, Inc.
(c)
EULA. “EULA” is defined in the recitals to this Agreement.
(d)
Maintenance and Support Services. “Maintenance and Support Services” means all professional services provided under this Agreement by Service
Provider.
(e)
Software. “Software” means (1) the current released version of the computer software licensed by Licensee from Hyland Software, Inc. under the EULA
and as listed on Exhibit A attached hereto, and (2) at any time after Service Provider has delivered to Licensee a new version of such computer software as
an Upgrade and Enhancement under this Agreement, the released version of such computer software last released prior to the current released version;
provided, that the Software will not include any prior released version of such computer software that has been superseded for more than two (2) years (as
determined from the date that Hyland Software, Inc. first announced publicly, through its web site or otherwise, the general release of the next later version
of such computer software) by any later released version of such computer software.
(f)
Upgrades and Enhancements. “Upgrades and Enhancements” means any and all new versions, improvements, modifications, upgrades, updates, fixes and
additions to the Software that Hyland Software, Inc. commercially releases to its end users generally during the term of this Agreement to correct
deficiencies or enhance the capabilities of the Software, together with updates of the Documentation to reflect such new versions, improvements,
modifications, upgrades, fixes or additions; provided, however, that the foregoing shall not include new, separate product offerings, new modules, replatformed Software or new functionality.
MAINTENANCE AND SUPPORT SERVICES
(a)
Generally. Service Provider shall: (1) use its commercially reasonable efforts to correct any properly reported Error(s) in the Software that are confirmed by
Hyland Software, Inc., in the exercise of its commercially reasonable judgment; and (2) upon the request of Licensee, provide technical support and
assistance and advice related to the operation and use of the Software by Licensee, or any problems with any of the foregoing. Service Provider shall
undertake to report to Hyland Software, Inc. for confirmation any reported Errors promptly after receipt of proper notice from Licensee, in accordance with
Section 4(c) of this Agreement and Service Provider’s current Error reporting procedures. Service Provider shall perform services in an effort to correct
confirmed Errors promptly after making such confirmation. Maintenance and Support Services generally will be available during the hours of 8 a.m. to 5
p.m., Central Time, Monday through Friday, excluding holidays, or as otherwise provided by Service Provider to its end users purchasing continuing
Maintenance and Support Services in the normal course of its business, by internet connectivity, telephonically or both. Should Licensee experience an
emergency situation outside of normal hours, Licensee may contact Service Provider 24 hours per day, 7 days per week, by calling Service Provider’s
regular telephone Maintenance and Support Services number and using Service Provider’s cell phone after hours. Service Provider’s designated support
engineer on call will contact Licensee regarding the emergency situation within a reasonable time (usually not more than 3 hours) after the page. Service
Provider reserves the right to notify Licensee that it is making unauthorized (i.e., not in an emergency situation) or excessive use of after hours Maintenance
and Support Services and to terminate the provision of such Services thereafter, unless Licensee pays Service Provider for such continued after-hours
Services at the rate of $200 per hour (with a minimum charge of one hour per call). Licensee shall be informed at the time of a call if such call is considered
an unauthorized or excessive use call and Licensee shall have the opportunity to terminate the call and delay Maintenance and Support Services until normal
hours on the next business day. Licensee acknowledges and agrees that Service Provider and Hyland Software, Inc. require on-line access to the Software
installed on Licensee’s systems in order for Service Provider to provide Maintenance and Support Services hereunder. Accordingly, Licensee shall install
and maintain, at Licensee’s sole cost and expense, internet connectivity and the appropriate communications software as specified by Service Provider; and
Licensee shall establish and maintain, at Licensee’s sole cost and expense, an adequate internet connection with Service Provider and Hyland Software, Inc.
to facilitate Service Provider’s on-line Maintenance and Support Services.
(b)
On-Site Services. Upon the reasonable request of Licensee, and submission of a purchase order for such services agreeing to pay for such services on a time
and materials basis in accordance with Section 5(b), Service Provider may provide on-site Maintenance and Support Services at Licensee’s facilities in
connection with the correction of any Error(s) involving a mission critical function of the Software that is not functioning in a production environment. Onsite Maintenance and Support Services will commence within such period of time after the request and submission of the requisite purchase order by
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Licensee, not to exceed five (5) business days, as the parties shall mutually agree upon.
(c)
3.
Improper Maintenance or Use. Service Provider is not responsible for providing, or obligated to provide, Maintenance and Support Services or Upgrades
and Enhancements under this Agreement: (a) if the Software has been altered, revised, changed, enhanced or modified in any manner that was not
authorized in writing in advance by Hyland Software, Inc.; (b) in connection with any Error if Service Provider (directly or through Hyland Software, Inc.)
has previously provided corrections for such Error; (c) in connection with any Errors or problems that have been caused by errors, defects, problems,
alterations, revisions, changes, enhancements or modifications in the database, operating system, third party software (other than third party software
bundled with the Software by Hyland Software, Inc.), hardware or any system or networking utilized by Licensee; (d) if the Software or related software or
systems have been subjected to abuse, misuse, improper handling, accident or neglect; or (e) if any party other than Service Provider or Hyland Software,
Inc. has provided any services in the nature of Maintenance and Support Services to Licensee with respect to the Software.
UPGRADES AND ENHANCEMENTS
Service Provider will provide to Licensee, in accordance with Hyland Software, Inc.’s then current policies, all Upgrades and Enhancements to the Software
released by Hyland Software, Inc. during the term of this Agreement. Licensee acknowledges and agrees that Hyland Software, Inc. has the right, at any time, to
change the specifications and operating characteristics of the Software and Hyland Software, Inc.’s policies respecting Upgrades and Enhancements and the
release thereof to its end users. Any Upgrades and Enhancements to the Software and Documentation shall remain proprietary to Hyland Software, Inc. and the
sole and exclusive property of Hyland Software, Inc., and shall be subject to all of the restrictions, limitations and protections of the EULA. All applicable rights
to patents, copyrights, trademarks, other intellectual property rights, applications for any of the foregoing and trade secrets in the Software and Documentation and
any Upgrades and Enhancements are and shall remain the exclusive property of Hyland Software, Inc.
4.
5.
LICENSEE’S RESPONSIBILITIES
(a)
Operation of the Software. Licensee acknowledges and agrees that it is solely responsible for the operation, supervision, management and control of the
Software, including but not limited to providing training for its personnel, instituting appropriate security procedures and implementing reasonable
procedures to examine and verify all output before use. In addition, Licensee is solely responsible for its data, its database and for maintaining suitable
backups of the data and database to prevent data loss in the event of any hardware or software malfunction. Service Provider and Hyland Software, Inc.
shall have no responsibility or liability for data loss regardless of the reasons for said loss. Service Provider and Hyland Software, Inc. shall have no
responsibility or liability for Licensee’s selection or use of the Software or any hardware, third party software or systems.
(b)
Licensee’s Implementation of Error Corrections and Upgrades and Enhancements. In order to maintain the integrity and proper operation of the Software,
Licensee agrees to implement, in the manner instructed by Service Provider, all Error corrections and Upgrades and Enhancements. Licensee’s failure to
implement any Error corrections or Upgrades and Enhancements of the Software as provided in this Section 4(b) shall relieve Service Provider of any
responsibility or liability whatsoever for any failure or malfunction of the Software, as modified by a subsequent Error correction or Upgrade and
Enhancement, but in no such event shall Licensee be relieved of the responsibility for the payment of fees and charges otherwise properly invoiced during
the term hereof.
(c)
Notice of Errors; Documentation of Errors. Licensee shall provide prompt notice of any Errors in the Software discovered by Licensee, or otherwise brought
to the attention of Licensee, in accordance with Service Provider’s then current policies for reporting of Errors. Proper notice may include, without
limitation, prompt telephonic and written notice to Service Provider of any alleged Error. If requested by Service Provider, Licensee agrees to provide
written documentation of Errors to substantiate the Errors and to assist Service Provider in the detection and correction of said Errors.
(d)
Access to Premises and Systems. Licensee shall make available reasonable access to and use of Licensee’s premises, computer hardware, peripherals,
Software and other software as Service Provider deems necessary to diagnose and correct any Errors or to otherwise provide Maintenance and Support
Services. In addition, Licensee acknowledges and agrees that Hyland Software, Inc. may be retained by Service Provider to provide Error corrections or
other Maintenance and Support Services directly to Licensee and, accordingly, Licensee shall provide such same access directly to Hyland Software, Inc.
Such right of access and use shall be provided at no cost or charge to Service Provider or Hyland Software, Inc.
FEES, PAYMENTS, CURRENCY AND TAXES
(a)
Annual Maintenance Fees. Licensee shall pay to Service Provider annual maintenance fees in accordance with the Annual Maintenance Fee Schedule set
forth as Exhibit A attached hereto, as the same may be changed from time to time by Service Provider upon written notice to Licensee. Licensee may submit
a purchase order for this Agreement, in the amount of the initial annual maintenance fees due hereunder, simultaneously with Licensee’s submission of its
purchase order for the license of the Software under the EULA. For the period of the first full twelve (12) months following the date Hyland Software, Inc.
issues license codes for the Software to Licensee, Service Provider shall invoice Licensee for the initial annual maintenance fees simultaneously with Service
Provider’s invoicing of Licensee for the license fees associated with the licensing of the Software under the EULA. Thereafter, Service Provider shall
invoice Licensee for subsequent annual maintenance fees at least thirty (30) days prior to the end of the then-current term of this Agreement. In the event
that any term of this Agreement for which annual maintenance fees are payable is a period of less than twelve (12) calendar months, the annual maintenance
fees for such term will be pro rated based upon the number of calendar months in such period (including the calendar month in which such term of this
Agreement commences).
(b)
Time and Materials Charges. Notwithstanding anything to the contrary, if Licensee requests (1) Maintenance and Support Services that Service Provider is
not obligated to provide because of the provisions of Section 2(c), and Service Provider agrees to provide such requested Services notwithstanding the
provisions of Section 2(c), (2) on-site Maintenance and Support Services in accordance with Section 2(b), or (3) any other services in the nature of
Maintenance and Support Services that Service Provider is not obligated to provide, or is not obligated to provide in the manner requested, and Service
Provider agrees to provide the requested Maintenance and Support Services, then in any such case Licensee agrees that such Maintenance and Support
Services shall not be covered by the annual maintenance fees under Section 5(a) and Licensee agrees to pay for such Maintenance and Support Services at
Service Provider’s standard time and materials charges payable by end users who have not purchased a continuing Software Maintenance Agreement from
Service Provider. Service Provider shall invoice Licensee for all time and materials charges hereunder.
(c)
Incidental Costs and Expenses. Licensee shall be responsible for all incidental costs and expenses incurred by Service Provider in connection with the
performance of this Agreement. Examples of incidental costs and expenses include, without limitation, all costs and expenses for tools, supplies,
accessories, media and other expendables purchased or otherwise used by Service Provider, on-line connection charges and out-of-pocket expenses incurred
at Licensee’s request, including but not limited to travel, meals and lodging expenses for on-site Maintenance and Support Services. Service Provider shall
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invoice Licensee for all incidental costs and expenses hereunder.
(d)
(e)
6.
Payments; Remedies
(1)
Annual Maintenance Fees. Licensee shall pay all invoices for annual maintenance fees in full on or before the last day of the then-current term of
this Agreement.
(2)
Other Payments. Licensee shall pay all other invoices hereunder in full net thirty (30) days from the date of invoice.
(3)
Remedies. All past due amounts shall bear interest at the rate of one and one-half percent (1.5%) per month (or, if lower, the maximum rate
lawfully chargeable) from the date due through the date that such past due amounts and such accrued interest are paid in full. In the event of any
default by Licensee in the payment of any amounts due hereunder, which default continues unremedied for at least ten (10) calendar days after the
due date of such payment, Service Provider shall have the right to cease to provide any Maintenance and Support Services and Upgrades and
Enhancements to Licensee unless and until such default, and any and all other defaults by Licensee under this Agreement, shall have been cured.
(4)
U.S. Dollars. All payments by Licensee to Service Provider shall be made in U.S. dollars.
Taxes and Governmental Charges. In addition to any and all other payments required to be made by Licensee hereunder, Licensee shall pay all taxes and
governmental charges, foreign, federal, state, local or otherwise (other than income or franchise taxes of Service Provider), however designated, which are
levied or imposed by reason of the transactions contemplated by this Agreement, including but not limited to sales and use taxes, excise taxes and customs
duties or charges. Licensee agrees to make any and all required tax payments directly to the appropriate taxing authority.
LIMITED WARRANTY
(a)
Limited Warranty of Services. Service Provider warrants that the Maintenance and Support Services shall be performed in a good and workmanlike manner
and substantially according to industry standards. In order to assert any claim that any Maintenance and Support Services fail to conform to this limited
warranty, Licensee must notify Service Provider in writing of such claim within thirty (30) days after the date the alleged non-conforming Services are
completed. If, after such timely notice from Licensee, the Maintenance and Support Services in question are determined not to conform to this limited
warranty, Service Provider’s sole obligation, and Licensee’s sole remedy, shall be for Service Provider to use commercially reasonable efforts to re-perform
the nonconforming Services in an attempt to correct the nonconformity. If Service Provider is unable to correct such nonconformity after a reasonable
period of time, Licensee’s sole and exclusive remedy shall be termination of this Agreement in accordance with Section 8(b)(3)(B). This warranty
specifically excludes non-performance issues caused as a result of any circumstances described in Section 2(c) or (d), incorrect data or incorrect procedures
used or provided by Licensee or a third party or failure of Licensee to perform and fulfill its obligations under this Agreement or the EULA.
(b)
No Warranty of Upgrades and Enhancements. The EULA shall govern any limited warranty or disclaimers relating to Upgrades and Enhancements of the
Software provided to Licensee under this Agreement, and no warranty is given under this Agreement with respect to Upgrades and Enhancements.
(c)
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6(a), SERVICE PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS
REGARDING ANY MAINTENANCE AND SUPPORT SERVICES, ANY SOFTWARE OR ANY UPGRADES AND ENHANCEMENTS PROVIDED
UNDER THIS AGREEMENT. SERVICE PROVIDER DISCLAIMS AND EXCLUDES ANY AND ALL OTHER EXPRESS, IMPLIED AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF GOOD TITLE, WARRANTIES AGAINST
INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES
THAT MAY ARISE OR BE DEEMED TO ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
SERVICE PROVIDER DOES NOT WARRANT THAT ANY MAINTENANCE AND SUPPORT SERVICES, SOFTWARE OR UPGRADES AND
ENHANCEMENTS PROVIDED WILL SATISFY LICENSEE’S REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR, OR THAT THE
OPERATION OF ANY SOFTWARE OR UPGRADES AND ENHANCEMENTS WILL BE UNINTERRUPTED. SERVICE PROVIDER DOES NOT
ASSUME ANY LIABILITY WHATSOEVER WITH RESPECT TO ANY THIRD PARTY HARDWARE, FIRMWARE, SOFTWARE OR SERVICES.
7.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE LIABILTY UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID
BY LICENSEE TO SERVICE PROVIDER UNDER THIS AGREEMENT DURING THE CURRENT TERM OF THIS AGREEMENT. IN NO EVENT
SHALL SERVICE PROVIDER OR HYLAND SOFTWARE, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION DAMAGES OR EXPENSES,
THE COSTS OF SUBSTITUTE SOFTWARE OR SERVICES, LOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCITON OR OTHER LOSS OF
FILES, DATA OR PROGRAMS OR THE COST OF RECOVERING SUCH INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF SERVICE
PROVIDER OR HYLAND SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR LOSSES.
8.
TERM, RENEWAL AND TERMINATION
(a)
Term. Subject to the early termination provisions of Section 8(b) and except as otherwise provided in Section 8(c) (3) below, the term of this Agreement
shall be from July 1, 2015 through June 30, 2016.
Renewal. Renewal shall be by mutual agreement of the Licensee and Service Provider on an annual basis with the execution of a new agreement similar to
this agreement.
(b)
Early Termination
(1)
Automatic. This Agreement shall terminate automatically, without any other or further action on the part of either of the parties, immediately upon
any termination of the EULA.
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(2)
By Service Provider For Cause. Service Provider shall be entitled to give written notice to Licensee of any breach by Licensee or other failure by
Licensee to comply with any material term or condition of the EULA or this Agreement, specifying the nature of such breach or non-compliance
and requiring Licensee to cure the breach or non-compliance. If Licensee has not cured, or commenced to cure (if a cure cannot be performed
within the time period set forth below), the breach or non-compliance within (A) in the case of non-payment, any breach of Section 1 of the EULA
or any breach of Section 3 of this Agreement, ten (10) calendar days after receipt of such written notice, or (B) in the case of any other breach or
non-compliance, twenty (20) business days after receipt of such written notice, Service Provider shall be entitled, in addition to any other rights it
may have under this Agreement, or otherwise at law or in equity, to immediately terminate this Agreement.
(3)
By Licensee.
(4)
(c)
(A)
For Convenience. Licensee may terminate this Agreement at any time, for any reason or for no reason, upon not less than sixty (60) days
advance written notice to Service Provider.
(B)
For Cause. Licensee shall be entitled to give written notice to Service Provider of any breach by Service Provider or other failure by
Service Provider to comply with any material term or condition of this Agreement, specifying the nature of such breach or non-compliance
and requiring Service Provider to cure the breach or non-compliance. If Service Provider has not cured, or commenced to cure (if a cure
cannot be performed within the time period set forth below), the breach or non-compliance within twenty (20) business days after receipt
of written notice, Licensee shall be entitled, in addition to any other rights it may have under this Agreement, or otherwise at law or in
equity, to immediately terminate this Agreement; and thereafter, so long as Licensee has complied in all material respects with it
obligations under the EULA and this Agreement and is current on all payment obligations under the EULA and this Agreement, Licensee
shall be entitled to a refund from Service Provider of the “unused portion of the annual maintenance fees” for the then-current term of this
Agreement. For these purposes, the “unused portion of the annual maintenance fees” shall mean that portion of the annual maintenance
fees paid by Licensee under Section 5(a) with respect to the term of this Agreement during which such termination of this Agreement is
effective, equal to the total of such annual maintenance fees multiplied by a fraction, the numerator of which shall be the number of
calendar months during the then-current term of this Agreement that remain until the end of such then-current term, commencing with the
calendar month after the calendar month in which such termination is effective, and the denominator of which shall be the total number of
calendar months in such then-current term determined without regard to such termination.
(C)
Non-Renewal. Licensee may elect not to renew this Agreement at the end of the then-current term of this Agreement by written notice to
Service Provider on or prior to the date payment is due under Section 5(d)(1) of Service Provider’s invoice for annual maintenance fees for
the next succeeding renewal term of this Agreement.
By Either Party in Accordance with Section 9. Either party may terminate this Agreement in accordance with the procedures set forth in Section 9.
Effect of Termination
(1)
Payments. Notwithstanding any termination of this Agreement, Licensee shall be obligated to pay Service Provider for (A) all Maintenance and
Support Services provided on a time and materials basis in accordance with this Agreement at any time on or prior to the effective date of
termination; (B) all annual maintenance fees due with respect to any period commencing prior to the effective date of termination; and (C) all
incidental costs and expenses incurred by Service Provider at any time on or prior to the effective date of termination. All such payments shall be
made in accordance with Section 5, which shall survive any such termination for these purposes.
(2)
Survival of Obligations. The termination of this Agreement will not discharge or otherwise affect any pre-termination obligations of either party
existing under the Agreement at the time of termination. The provisions of this Agreement which by their nature extend beyond the termination of
the Agreement will survive and remain in effect until all obligations are satisfied, including, but not limited to, Section 3 (as it relates to title and
ownership), Section 5(e), Section 6(c), Section 7, Section 8, Section 10 and Section 11. No action arising out of this Agreement, regardless of the
form of action, may be brought by Licensee more than one (1) year after the date the action accrued.
(3)
Reinstatement of Agreement. In the event of the termination of this Agreement by Licensee under Section 8(b)(3) (Non-Renewal), Licensee may at
any time after the effective date of such termination elect to reinstate this Agreement in accordance with this Section 8(c)(3). To obtain
reinstatement, Licensee shall deliver written notice to such effect to Service Provider, together with payment in full of: (A) annual maintenance
fees, based upon Service Provider’s Annual Maintenance Fee Schedule in effect as of the time of such reinstatement, for all periods (as determined
under Section 8(a) as if the Agreement had not been terminated under Section 8(b)(4)) that have elapsed from the effective date of such termination
through the effective date of such reinstatement; and (B) an amount equal to one hundred ten percent (110%) of the annual maintenance fee, based
upon Service Provider’s Annual Maintenance Fee Schedule in effect as of the time of such reinstatement, for the renewal term of this Agreement
commencing on the effective date of such reinstatement. Any reinstatement under this Section 8(c)(3) shall be effective as of the first business day
after Service Provider has received the notice of reinstatement and all payments required to be made hereunder in connection with such
reinstatement. The renewal term commencing with the effective date of this Agreement shall be for a period ending on the first annual anniversary
of such effective date; and thereafter the term of this Agreement shall be renewed: (i) at the end of such first renewal term, for a period from the
first day after the end of such first renewal term through December 31 of the calendar year in which such first renewal term ends; and (ii) thereafter,
annually on a calendar year by calendar year basis.
EXCEPT AS EXPRESSLY PROVIDED BY THIS SECTION 8(c)(3), LICENSEE SHALL HAVE NO RIGHT TO REINSTATE THIS AGREEMENT
FOLLOWING THE TERMINATION THEREOF FOR ANY REASON.
9.
FORCE MAJEURE
No failure, delay or default in performance of any obligation of a party to this Agreement (except the payment of money) shall constitute a default or breach to the
extent that such failure to perform, delay or default arises out of a cause, existing or future, beyond the control (including, but not limited to: action or inaction of
governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood; war; riot; theft; earthquake; natural disaster or acts of God; national
emergencies; unavailability of materials or utilities; sabotage; act of terrorism; viruses; or the act, negligence or default of the other party) and without negligence
or willful misconduct of the party otherwise chargeable with failure, delay or default. Either party desiring to rely upon any of the foregoing as an excuse for
failure, default or delay in performance shall, when the cause arises, give to the other party prompt notice in writing of the facts which constitute such cause; and,
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when the cause ceases to exist, give prompt notice of that fact to the other party. This Section 9 shall in no way limit the right of either party to make any claim
against third parties for any damages suffered due to said causes. If any performance date by a party under this Agreement is postponed or extended pursuant to
this Section 9 for longer than ninety (90) calendar days, the other party, by written notice given during the postponement or extension, and at least thirty (30) days
prior to the effective date of termination, may terminate this Agreement.
10. NOTICES
Unless otherwise agreed to by the parties in a writing signed by both parties, all notices required under this Agreement shall be deemed effective: (a) when sent
and made in writing by either (1)(A) registered mail, (B) certified mail, return receipt requested, or (C) overnight courier, in any such case addressed and sent to
the address set forth herein and to the attention of the person executing this Agreement on behalf of that party or that person’s successor, or to such other address
or such other person as the party entitled to receive such notice shall have notified the party sending such notice of; or (2) facsimile transmission appropriately
directed to the attention of the person identified as the appropriate recipient and at the appropriate address under (a)(1) above, with a copy following by one of the
other methods of notice under (a)(1) above; or (b) when personally delivered and made in writing to the person and address identified as appropriate under (a)(1)
above.
11. GENERAL PROVISIONS
(a)
Jurisdiction. This Agreement and any claim, action, suit, proceeding or dispute arising out of this Agreement shall in all respects be governed by, and
interpreted in accordance with, the substantive laws of the State of Iowa, without regard to the conflicts of laws provisions thereof. Venue and jurisdiction
for any action, suit or proceeding arising out of this Agreement shall vest exclusively in the federal or state courts of general jurisdiction located in Linn
County, Iowa and the parties consent to the jurisdiction of such courts.
(b)
Interpretation. The headings used in this Agreement are for reference and convenience purposes only and shall not in any way limit or affect the meaning or
interpretation of any of the terms hereof. All defined terms in this Agreement shall be deemed to refer to the masculine, feminine, neuter, singular or plural,
in each instance as the context or particular facts may require. Use of the terms “hereunder,” “herein,” “hereby” and similar terms refer to this Agreement.
(c)
Waiver. No waiver of any right or remedy on one occasion by either party shall be deemed a waiver of such right or remedy on any other occasion.
(d)
Integration. This Agreement, including any and all exhibits and schedules referred to herein or therein set forth the entire agreement and understanding
between the parties pertaining to the subject matter and merges all prior discussions between them on the same subject matter. Neither of the parties shall be
bound by any conditions, definitions, warranties, understandings or representations with respect to the subject matter other than as expressly provided in this
Agreement. This Agreement may only be modified by a written document signed by duly authorized representatives of the parties. This Agreement shall
not be supplemented or modified by any course of performance, course of dealing or trade usage. Variance from or addition to the terms and conditions of
this Agreement in any purchase order or other written notification or documentation, from Licensee or otherwise, will be of no effect unless expressly agreed
to in writing by both parties. This Agreement will prevail over any conflicting stipulations contained or referenced in any other document.
(e)
Binding Agreement and Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and
permitted assigns. Service Provider may assign this Agreement or its rights or obligations under this Agreement, in whole or in part, to any other person or
entity. Licensee may not assign this Agreement or its rights or obligations under this Agreement, in whole or in part, to any other person or entity without
the prior written consent of Service Provider. Any change in control of Licensee resulting from an acquisition, merger or otherwise shall constitute an
assignment under the terms of this provision. Any assignment made without compliance with the provisions of this Section 11(e) shall be null and void and
of no force or effect.
(f)
Severability. In the event that any term or provision of this Agreement is deemed by a court of competent jurisdiction to be overly broad in scope, duration
or area of applicability, the court considering the same will have the power and is hereby authorized and directed to limit such scope, duration or area of
applicability, or all of them, so that such term or provision is no longer overly broad and to enforce the same as so limited. Subject to the foregoing
sentence, in the event any provision of this Agreement is held to be invalid or unenforceable for any reason, such invalidity or unenforceability will attach
only to such provision and will not affect or render invalid or unenforceable any other provision of this Agreement.
(g)
Independent Contractor. The parties acknowledge that Service Provider is an independent contractor and that it will be responsible for its obligations as
employer for those individuals providing the Maintenance and Support Services.
(h) Third Party Beneficiary. Licensee and Service Provider acknowledge and agree that Hyland Software, Inc. is an express third party beneficiary of this
Agreement and shall be entitled to enforce this Agreement to the full extent of the law as if Hyland Software, Inc. were a party hereto. Hyland Software,
Inc. shall be afforded all remedies available to any party to this Agreement under the terms hereof or under applicable law.
(i)
Export. Licensee agrees to comply fully with all relevant regulations of the U.S. Department of Commerce and all U.S. export control laws, including but
not limited to the U.S. Export Administration Act, to assure that the Upgrades and Enhancements are not exported in violation of United States law.
(j)
U.S. Government Restricted Rights. The Software and Upgrades and Enhancements are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c) of the rights in Technical Data and Computer Software clause at
DFAR 252.227-7013 and the Commercial Computer Software Restricted Rights FAR 52.277-19(c)(1) and (2), as applicable. Manufacturer is Hyland
Software, Inc., 28500 Clemens Road, Westlake, Ohio 44145.
(k)
Injunctive Relief. The parties to this Agreement recognize that a remedy at law for a breach of the provisions of this Agreement relating to confidential
information and intellectual property rights will not be adequate for Service Provider’s protection and, accordingly, Service Provider shall have the right to
obtain, in addition to any other relief and remedies available to it, specific performance or injunctive relief to enforce the provisions of this Agreement.
5
Copyright  Hyland Software, Inc.
(Confidential)
Revision: March 25, 2002
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives:
CITY OF NORTH LIBERTY
LICENSEE
Business Address: 3 Quail Creek Circle
North Liberty, Iowa 52317
Approved:
Name: Amy Nielsen
INTEGRATED DATA PRODUCTS, INC.
SERVICE PROVIDER
BUS: (319) 378-8990
CELL: (319) 361-1664
By:
Name: Todd Stafford
Date
Title: Mayor
Attested:
Name: Tracey Mulcahey
Title: President
Date
Title: City Clerk
6
Copyright  Hyland Software, Inc.
(Confidential)
Revision: March 25, 2002
Date
Exhibit A
SOFTWARE MODULES
QTY.
ANNUAL MAINTENANCE FEE
Local Government Licensing Bundle
1
$3,200.00
Local Government Scan Module – Kofax/Twain
1
$400.00
Local Government Concurrent Clients
4
$520.00
Local Government Full-Text Search Concurrent Client
5
$120.00
Local Government Workflow Named User Client SL
1
$140.00
Document Import Processor
1
$1,000.00
Total
$5,380.00
7
Copyright  Hyland Software, Inc.
(Confidential)
Revision: March 25, 2002
OnBase Proposal
Electronic Document Management
Customer:
City of North Liberty
Contact:
Tracey Mulcahey
3 Quail Creek Circle
North Liberty, Iowa 52317
(319) 626-5700
Date: 04/07/2015
Description
Qty
Unit
Price
Extended
Price
OnBase Software:
Local Government Licensing Bundle
1
$16,000
$16,000
Local Government Scan Module – Kofax/ISIS/Twain (First)
1
$2,000
$2,000
Local Government Concurrent Clients (Minimum initial purchase of Qty =4)
4
$650
$2,600
Local Government Full-Text Search Concurrent Client (Autonomy)
5
$120
$600
Local Government Workflow Named User Client SL
1
$700
$700
Document Import Processor
1
$5,000
$5,000
ONBASE SOFTWARE SUBTOTAL
$26,900
OnBase Annual Maintenance: (20% of OnBase software license fee)
$5,380
Technical Services: (Includes OnBase installation, configuration and training)
$5,000
Note: Server Hardware and SQL Server must be installed prior to OnBase install
TOTAL
Approved By:
___________________________________
Name: _____________________________
Title: _______________________________
Date: _______________________________
$37,280.00
RESOLUTION NO. 15-54
A RESOLUTION APPROVING THE PROPOSAL AND
SOFTWARE MAINTENANCE AGREEMENT FOR ONBASE
INFORMATION MANAGEMENT SOFTWARE BETWEEN THE
CITY OF NORTH LIBERTY AND INTEGRATED DATA
PRODUCTS, INC.
IOWA:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY,
WHEREAS, the City Council desires to enter into an agreement for records
management software known as OnBase;
WHEREAS, Innovative Interfaces Inc. has proposed a Software Proposal in the
amount of $37,280 and a Maintenance Agreement in the amount of $5,380.00; and
WHEREAS, it is the parties’ desire to agree and establish, in writing, their
understanding regarding said agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of North Liberty, Iowa,
does hereby approve the Software License and Maintenance Agreement with Integrated
Data Products, Inc. setting forth the terms and conditions under which library operations
software will be provided in the City.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to
execute the Agreement on behalf of the City of North Liberty.
APPROVED AND ADOPTED this 28th day of April, 2015.
CITY OF NORTH LIBERTY:
_______________________________________
AMY NIELSEN, MAYOR
North Liberty – 2015
Page 1
ATTEST:
_______________________________________
TRACEY MULCAHEY, CITY CLERK
Resolution Number 15-54
LIBERTY HIGH SCHOOL &
EAST SIDE UTILITIES PROJECT
Prepared by and Return to: Scott C. Peterson, City of North Liberty, 3 Quail Creek Circle,
North Liberty, IA 52317, (319) 626-5767
SITE PLAN AGREEMENT
LIBERTY HIGH SCHOOL
THIS AGREEMENT made by and between the City of North Liberty, Iowa, a municipal
corporation, hereinafter referred to as "City," and Iowa City Community School District,
hereinafter referred to as "the School."
SECTION 1. REQUEST FOR SITE PLAN APPROVAL.
The School has requested that the City approve a site plan for a proposed new high
school for the real estate situated in North Liberty, Johnson County, Iowa, and legally
described as follows:
“Amended” Auditor’s Parcel 2014022, a Portion of Section 17, Township 80
North, Range 6 West of the 5th P.M., Johnson County, Iowa, in accordance with
the Amended Plat of Survey recorded in Book 59, Page 103, Plat Records of
Johnson County, Iowa.
Auditor’s Parcel 2014023, a Portion of the NE¼SW¼ and the NW¼SE¼ of
Section 17, Township 80 North, Range 6 West of the 5th P.M., Johnson County,
Iowa, in accordance with the Amended Plat of Survey recorded in Book 58,
Page 205, Plat Records of Johnson County, Iowa.
Auditor’s Parcel 2014091, a Portion of the NW¼SE¼ of Section 17, Township
80 North, Range 6 West of the 5th P.M., Johnson County, Iowa, in accordance
with the Amended Plat of Survey recorded in Book 59, Page 104, Plat
Records of Johnson County, Iowa.
Auditor’s Parcel 2014024, a Portion of the NE¼SW¼ and the NW¼SE¼ of
Section 17, Township 80 North, Range 6 West of the 5th P.M., Johnson County,
Iowa, in accordance with the Amended Plat of Survey recorded in Book 58,
Page 206, Plat Records of Johnson County, Iowa.
SECTION 2. CONDITIONS OF SITE PLAN APPROVAL AND RIGHT TO PROCEED.
The City agrees that it will approve the site plan upon the condition that the School
enter into and abide by this Agreement, and the School acknowledges that the City’s
approval of the site plan is conditioned on the School’s execution of and compliance with
this Agreement.
SECTION 3. PROPERTY IMPROVEMENTS.
The property shall be developed according to the site plan as approved by the City and
according to the plans and specifications as approved by the City. All improvements and
facilities shall be constructed and installed by the School according to the plans, specifications,
ordinances and standards of the City, with inspections by the City Building Official and the
City Engineer, or their designees. The School is proposing to develop the subject property in
three phases, which is acceptable to the City, so long as the phased development is consistent
with the site plan as approved and subject to the terms and limitations set forth in this
agreement. Said inspections shall consist of inspection of the work in progress, but shall not
relieve or release the School from its responsibility to construct said improvements and
facilities pursuant to the agreed upon plans and specifications.
Nothing in this Agreement shall be construed to impose a requirement on the City to
install the original public improvements at issue herein, nor shall the School be deemed to be
acting as the City's agent during the original construction and installation of the abovedescribed improvements. The parties agree that the obligation to install the above-described
public improvements herein shall be in accordance with the plans and specifications drafted
by the School and subject to the approval of the City. Furthermore, the obligations shall
remain on the School until completion by the School and until acceptance by the City, as
provided by law.
SECTION 4. SITE PLAN CONDITIONS AND REQUIREMENTS.
The School acknowledges that the requirements of the City’s ordinances and design
standards must be met for each and every part of the area included in the site plan, including
but not limited to any public improvements, utilities, erosion control and grading, phased
development, occupancy and building permits, engineering administration, construction
observation, utility assessments, and other private costs.
SECTION 5. SPECIAL SITE PLAN CONDITIONS AND REQUIREMENTS.
In addition to the standard conditions and requirements set forth in Section 4, the City
and the School agree to the following conditions and requirements for construction of any
part or all of the area included in the site plan:
Page 2 of 5
1. The School acknowledges that the City has agreed to accelerate the site plan
process for the School in order to expedite the construction of a new high school on the
subject property. With this in mind, the School knowingly and specifically:
a. accepts full financial responsibility for any platting and infrastructure
errors and omissions that arise in the future as a consequence, intended
or not, of the expedited process; and
b. acknowledges that all subdivision, public improvement, and building
requirements of the City remain in full force and effect, unless specifically
waived in writing by the City.
2. As part of the consideration for the approval of the site plan, the School agrees to
assume responsibility for:
a. resolving stadium lighting spillover issues prior to the installation of that
lighting, subject to review and approval of the City; and
b. ownership and maintenance of the stormwater management facilities.
Access for inspection of the stormwater management facilities shall be
provided for within the boundaries of this property and more particularly
set out in the stormwater management facilities agreement. See Paragraph
6 of this section.
3. A sewer tap-on fee, based on the per acre cost of the sewer portion of the City’s
Eastside Utility Project, will be calculated following the completion of the Project, and will
be due and owing to the City within sixty (60) days after the City provides an invoice to the
School.
4. A water tap-on fee, based on per foot cost of the water portion of the City’s
Eastside Utility Project, will be calculated following the completion of the, and will be due
and owing to the City within sixty (60) days after the City provides an invoice to the School.
5. The parties are aware and agree that other agreements concerning facilities,
programs, and street improvements will need to be in place prior occupation and operation
of the new high school.
6. A stormwater management facilities agreement for the subject property shall be
submitted to the City and approved by the City Council prior to July 1, 2017.
SECTION 6. SCHOOL'S DEFAULT.
The School agrees and is fully obligated to perform as provided in this Agreement. The
School is liable and responsible for each and every obligation agreed to be undertaken
pursuant to this Agreement. Failure of the School, its employees, agents or assigns, to perform
is not a defense for the School against any action to be taken by the City.
SECTION 7. PERFORMANCE.
The City and the School acknowledge that the City’s approval of the site plan shall be
effective for all three phases, subject to the following:
Page 3 of 5
If the School makes any substantial changes to the site plan for any of the
three phases, the City will determine the process for review and approval of the amended
site plan.
2.
This site plan is solely for the purpose of a new high school scheduled to be
opened in the fall of 2017.
1.
SECTION 8. SUCCESSORS AND ASSIGNS.
This Agreement shall be a covenant running with the land and inure to the benefit of
and be binding upon the parties, their successors and assigns.
SECTION 9. NOTICES.
Required notices to the School shall be in writing and shall either be hand delivered to
the School, its agents or employees, or mailed to the School by registered mail at the following
address:
Iowa City Community School District
Superintendent of Schools
1725 North Dodge St.
Iowa City, Iowa 52245
Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator or mailed to the City by registered mail in care of the City Administrator at the
following address:
North Liberty City Administrator
P.O. Box 77
North Liberty, IA 52317
Notices mailed in conformance with this section shall be deemed properly given.
DATED this ____ day of ___________________, 2015.
CITY OF NORTH LIBERTY, IOWA
IOWA CITY COMMUNITY SCHOOL DISTRICT
ATTEST:_____________________________
Tracey Mulcahey, City Clerk
By:
Craig Hansel, Board Secretary
By:
Amy Nielsen, Mayor
By:
Chris Lynch, Board President
STATE OF IOWA, JOHNSON COUNTY: ss
On this _____ day of ___________________, 2015, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Amy Nielsen and Tracey Mulcahey, to
Page 4 of 5
me personally known, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of North Liberty, Iowa, a municipal corporation; that the seal
affixed to the foregoing instrument is the corporate seal of the municipal corporation; and that
the instrument was signed and sealed on behalf of the municipal corporation by the authority
of its City Council, as contained in Resolution No. ___________ of the City Council on the _____ day
of ___________________, 2015; and that Amy Nielsen and Tracey Mulcahey acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed
of the corporation, by it and by them voluntarily executed.
STATE OF IOWA, JOHNSON COUNTY: ss
Notary Public in and for the State of Iowa
This instrument was acknowledged before me on this _____ day of _____________, 2015,
by Chris Lynch as Board President and Craig Hansel as Board Secretary of the Iowa City
Community School District.
Notary Public in and for the State of Iowa
Page 5 of 5
RESOLUTION NO. 15-55
RESOLUTION APPROVING THE AMENDED SITE PLAN AGREEMENT
BETWEEN THE CITY OF NORTH LIBERTY AND IOWA CITY
COMMUNITY SCHOOL DISTRICT THAT ESTABLISHES THE TERMS
AND CONDITIONS UNDER WHICH THE SITE PLAN FOR LIBERTY
HIGH SCHOOL WILL BE APPROVED IN THE CITY OF NORTH
LIBERTY, IOWA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY,
IOWA:
WHEREAS, the terms and conditions for the approval of the Site Plan for
Liberty High School have been set forth in an Agreement between the City of North
Liberty and Iowa City Community School District; and
NOW, THEREFORE, BE IT RESOLVED that that the Agreement between the
City of North Liberty and Iowa City Community School District is approved for
Liberty High School, North Liberty, Iowa.
APPROVED AND ADOPTED this 28th day of April, 2015.
CITY OF NORTH LIBERTY:
ATTEST:
AMY NIELSEN, MAYOR
TRACEY MULCAHEY, CITY CLERK
North Liberty – 2015
Page 1
Resolution Number 15-55
Prepared by and Return to:
Scott C. Peterson, 3 Quail Creek Circle, P.O. Box 77, North Liberty, IA 52317 319-626-5767
PUBLIC EASEMENT AGREEMENT
This agreement is made and entered into by and between IOWA CITY COMMUNITY
SCHOOL DISTRICT, a public school corporation, owner of the real estate described herein,
(hereinafter referred to as “Property Owner,” which expression shall include his, her, or their
heirs, agents, successors or assigns), and the CITY OF NORTH LIBERTY, IOWA, a municipal
corporation, (hereinafter referred to as “City,” which expression shall include its agents,
successors or assigns).
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of one dollar plus other valuable consideration, the receipt of which is hereby
acknowledged, the Property Owner hereby grants and conveys to the City a temporary easement
(Division I) for the public purpose of constructing roadway improvements to North Liberty Road
and Dubuque Street; extending, constructing and maintaining the City’s sanitary sewer and
public water systems; and constructing related infrastructure (the “Project”), under, over,
through and across the areas described in the exhibits, which are attached.
Additionally, as part of the consideration for this agreement,
A. The Property Owner will not be assessed for any costs for the design and construction of the
Project, plans for which are on file at City Hall, nor shall the Property Owner be responsible
for the initial costs of constructing or maintaining the Project; however, connection fees,
frontage fees, or other typical and customary fees will be collected by the City at the time
any part of the property is developed.
B. The City shall be responsible for the recording of this Agreement and payment of the costs
for the same.
C. To the extent allowed by law, the City shall indemnify and hold the Property Owner harmless
against claims of injury to persons or the property arising out of the City's use of the
easement area.
1
DIVISION I – TEMPORARY EASEMENT
The Property Owner and the City further agree that:
1. The temporary easement areas being granted and conveyed by this Agreement are depicted
and legally described in Exhibit B, which is attached and fully incorporated herein.
2. The Property Owner shall not erect any landscaping, fences, or structures over, under or
within the temporary easement areas during the construction of the roadways, sanitary sewer
system, and public water system, which without obtaining the prior written approval of the
City Engineer.
3. The Property Owner shall not change the grade, elevation or contour of any part of the
temporary easement areas without obtaining the prior written consent of the City Engineer
during the same timeframe.
4. The City shall have the right of access to the temporary easement areas and have all rights of
ingress and egress reasonably necessary for the use and enjoyment of the easement area as
herein described, including but not limited to the right to remove any unauthorized
obstructions or structures placed or erected on the easement areas.
5. Following the construction and installation of the Project and final acceptance by the City,
the City shall restore the temporary easement areas to substantially the same condition as
existed prior to the commencement of construction operations.
6. The rights as described above in the temporary construction easements shall cease and
terminate following the completion of the construction of the Project upon final acceptance
by the City.
7. In no event shall the temporary construction easements extend beyond August 1, 2017,
without the authorization of the Property Owner.
DIVISION II – GENERAL
The Property Owner does hereby covenant with the City that the Property Owner holds said real
estate described in this easement by title in fee simple; that the Property Owner has good and
lawful authority to convey the same; and that the Property Owner covenants to warrant and
defend the said premises against the lawful claims of all persons whomsoever. Further, each of
the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any,
in and to the interests conveyed by this easement.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto, and all covenants shall apply to and run with the land.
Dated this ________ day of __________, 2015.
2
PROPERTY OWNER:
CITY:
Signed:_________________________
Chris Lynch, Board President
Signed:_________________________
Amy Nielsen, Mayor
Signed:_________________________
Craig Hansel, Board Secretary
Signed:_________________________
Tracey Mulcahey, City Clerk
STATE OF IOWA, JOHNSON COUNTY: ss
This instrument was acknowledged before me on this _____ day of _____________,
2015, by Chris Lynch as Board President and Craig Hansel as Board Secretary of the Iowa City
Community School District.
____________________________________
Notary Public in and for the State of Iowa
STATE OF IOWA, JOHNSON COUNTY: ss
On this ________ day of __________, 2015, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Amy Nielsen and Tracey Mulcahey, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of North Liberty, Iowa, a municipal corporation; that the seal affixed to
the foregoing instrument is the corporate seal of the municipal corporation, and that the
instrument was signed and sealed on behalf of the municipal corporation by the authority of its
City Council, as contained in Resolution No. __________ of the City Council on the ________
day of __________, 2015, and that Amy Nielsen and Tracey Mulcahey acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed of
the corporation, by it and by them voluntarily executed.
____________________________________
Notary Public in and for the State of Iowa
3
EXHIBIT B
4
EXHIBIT B
5
RESOLUTION NO. 15-56
A RESOLUTION APPROVING THE PUBLIC EASEMENT
AGREEMENT BETWEEN IOWA CITY COMMUNITY SCHOOL
DISTRICT AND THE CITY OF NORTH LIBERTY, JOHNSON
COUNTY IOWA
IOWA:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY,
WHEREAS, the City Council desires to enter into a Public Easement Agreement for
the public purpose of constructing roadway improvements to North Liberty Road and
Dubuque Street; extending, constructing and maintaining the City’s sanitary sewer
and public water systems; and constructing related infrastructure, and
WHEREAS, the owners of the properties shown in the attachments have executed
the Public Easement Agreement to permit the City to utilize property delineated in the
agreement for the purpose of improving North Liberty’s Sanitary Sewer and Water
Systems, and
WHEREAS, it is the parties’ desire to agree and establish, in writing, their
understanding concerning the public easement,
NOW, THEREFORE, BE IT RESOLVED that that the attached public easement
agreement between the City of North Liberty and Iowa City Community School District is
approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to
execute said agreement.
APPROVED AND ADOPTED this 28th day of April, 2015.
CITY OF NORTH LIBERTY:
_______________________________________
AMY NIELSEN, MAYOR
North Liberty – 2015
Page 1
ATTEST:
_______________________________________
TRACEY MULCAHEY, CITY CLERK
Resolution Number 15-56
Prepared by and Return to:
Scott C. Peterson, 3 Quail Creek Circle, P.O. Box 77, North Liberty, IA 52317 319-626-5767
PUBLIC EASEMENT AGREEMENT
This agreement is made and entered into by and between the IOWA CITY COMMUNITY
SCHOOL DISTRICT, owner of the real estate described herein, (hereinafter referred to as
“Property Owner,” which expression shall include his, her, or their heirs, agents, successors or
assigns), and the CITY OF NORTH LIBERTY, IOWA, a municipal corporation, (hereinafter
referred to as “City,” which expression shall include its agents, successors or assigns).
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of one dollar ($1.00) plus other valuable consideration, the receipt of which is
hereby acknowledged, the Property Owner hereby grants and conveys to the City a permanent
sanitary sewer and access easement (Division I) and a temporary easement (Division II) for the
public purpose of extending, constructing and maintaining the City’s sanitary sewer and public
water systems and related infrastructure (the “Project”), under, over, through and across the
areas described in Exhibit A (permanent) and Exhibit B (temporary), which are attached.
Additionally, as part of the consideration for this agreement,
A. The Property Owner will not be assessed for any costs for the design and construction of the
Project, plans for which are on file at City Hall, nor shall the Property Owner be responsible
for the initial costs of constructing or maintaining the Project; however, connection fees,
frontage fees, or other typical and customary fees will be collected by the City at the time
any part of the property is developed.
B. The City shall be responsible for the recording of this Agreement and payment of the costs
for the same.
C. To the extent allowed by law, the City shall indemnify and hold the Property Owner harmless
against claims of injury to persons or the property arising out of the City's use of the
easement areas.
1
DIVISION I – PERMANENT EASEMENT
Further, the Property Owner and the City agree that:
1. The permanent sanitary sewer and access easement areas being granted and conveyed by this
Agreement are depicted and legally described in Exhibit A, which is attached and fully
incorporated herein.
2. The City has the right to excavate in the permanent easement areas as the City may find
reasonably necessary.
3. The City has the right to construct and maintain the Project with such structures as the City
shall from time to time elect.
4. The Property Owner shall not erect any landscaping, fences, or structures over, under or
within the permanent easement areas without obtaining the prior written approval of the City
Administrator.
5. The City shall not fence any part of the permanent easement areas, unless otherwise agreed in
writing by the parties.
6. The Property Owner shall not change the grade, elevation or contour of any part of the
permanent easement areas without obtaining the prior written consent of the City
Administrator.
7. The City shall have the right of access to the permanent easement areas and have all rights of
ingress and egress reasonably necessary for the use and enjoyment of the permanent
easement areas as herein described, including but not limited to the right to remove any
unauthorized obstructions or structures placed or erected on the permanent easement areas.
8. The City’s rights under the permanent easement granted and conveyed herein by the Property
Owner run indefinitely with the land.
DIVISION II – TEMPORARY EASEMENT
The Property Owner and the City further agree that:
1. The temporary easement area being granted and conveyed by this Agreement is depicted and
legally described in Exhibit B, which is attached and fully incorporated herein.
2. The Property Owner shall not erect any landscaping, fences, or structures over, under or
within the temporary easement area during the construction of the sanitary sewer and public
water systems, which without obtaining the prior written approval of the City Administrator.
3. The Property Owner shall not change the grade, elevation or contour of any part of the
temporary easement area without obtaining the prior written consent of the City
2
Administrator during the same timeframe.
4. The City shall have the right of access to the temporary easement area and have all rights of
ingress and egress reasonably necessary for the use and enjoyment of the easement area as
herein described, including but not limited to the right to remove any unauthorized
obstructions or structures placed or erected on the easement area.
5. Following the construction and installation of the Project and final acceptance by the City,
the City shall restore the temporary easement area to substantially the same condition as
existed prior to the commencement of construction operations.
6. The rights as described above in the temporary construction easement shall cease and
terminate following the completion of the construction of the Project upon final acceptance
by the City.
7. In no event shall the temporary construction easement extend beyond August 1, 2017,
without the authorization of the Property Owner.
DIVISION III – GENERAL
The Property Owner does hereby covenant with the City that the Property Owner holds said real
estate described in this easement by title in fee simple; that the Property Owner has good and
lawful authority to convey the same; and that the Property Owner covenants to warrant and
defend the said premises against the lawful claims of all persons whomsoever. Further, each of
the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any,
in and to the interests conveyed by this easement.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto, and all covenants shall apply to and run with the land.
Dated this ________ day of __________, 2015.
PROPERTY OWNER:
CITY:
Signed:_________________________
Chris Lynch, Board President
Signed:_________________________
Amy Nielsen, Mayor
Signed:_________________________
Craig Hansel, Board Secretary
Signed:_________________________
Tracey Mulcahey, City Clerk
STATE OF IOWA, JOHNSON COUNTY: ss
This instrument was acknowledged before me on this _____ day of _____________,
2015, by Chris Lynch as Board President and Craig Hansel as Board Secretary of the Iowa City
Community School District.
3
____________________________________
Notary Public in and for said State
STATE OF IOWA, JOHNSON COUNTY: ss
On this ________ day of __________, 2015, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Amy Nielsen and Tracey Mulcahey, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of North Liberty, Iowa, a municipal corporation; that the seal affixed to
the foregoing instrument is the corporate seal of the municipal corporation, and that the
instrument was signed and sealed on behalf of the municipal corporation by the authority of its
City Council, as contained in Resolution No. __________ of the City Council on the ________
day of __________, 2015, and that Amy Nielsen and Tracey Mulcahey acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed of
the corporation, by it and by them voluntarily executed.
_______________________________________
Notary Public in and for the State of Iowa
4
EXHIBIT A
5
EXHIBIT A
EASEMENT EXHIBIT
SANITARY SEWER EASEMENT
NORTH CORRIDOR SCHOOL ADDITION
NORTH LIBERTY, JOHNSON COUNTY, IOWA
DESCRIPTION - SANITARY SEWER EASEMENT A
A 30 foot and wide sanitary sewer easement on a part of Lot 1 of North Corridor School
Addition (Final Plat recorded in Plat Book 48, Page 226 at the Johnson County Recorder's
Office), Johnson County, Iowa, said easement being centered on the centerline described as
follows:
Commencing as a point of reference at a Northeast corner of said Lot 1;
thence North 89°40'24" West 33.03 feet along a North line of said Lot 1 (assumed bearing for
this description only) to the point of beginning of said centerline;
thence South 25°02'53" West 303.88 feet to a point of intersection with the Northerly line of an
existing 50 foot wide access, water and utility easement and the end of the herein described
centerline, said point also being Reference Point 'A';
The sidelines of said 30 foot wide sanitary sewer easement are 15 feet In perpendicular
distance right and left of said centerline and are to be lengthened or shortened to meet at the
angle points and are to begin at a North line of said Lot 1 and terminate at a Northerly line of
said existing 50 foot wide easement, containing 9,115 square feet more or less.
DESCRIPTION - SANITARY SEWER EASEMENT B
Commencing at said Reference Point 'A';
thence South 25°02'53" West 50.00 to the point of beginning of said centerline;
thence South 25°02'53" West 46.70 feet;
thence South 10°01'31" West 176.60 feet to a point of intersection with the Northerly line of an
existing 30 foot wide trail and utility easement and the end of the herein described centerline;
The sidelines of said 30 foot wide sanitary sewer easement are 15 feet in perpendicular
distance right and left of said centerline and are to be lengthened or shortened to meet at the
angle points and are to beg in at a Southerly line of said existing 50 foot wide easement and
terminate at a Northerly line of said existing 30 foot wide easement, containing 6,700 square
feet more or less.
SHIVEl-~A1
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Iowa
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Illinois
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hltpJ/vr.YH.shive-hauery.(.om
EASEMENT EXHIBIT
SANITARY SEWER EASEMENT
NORTH LIBERTY, JOHNSON COUNTY, IOWA
DATE
DRAWN
APPROVED
6
1/19/15
WTH
SCALE
FIELD BOOK
REVISION
PROJECT NO.
114271-0
AS NOTED
SHEET NO.
1170
81.2
EXHIBIT B
7
EXHIBIT B
8
RESOLUTION NO. 15-57
A RESOLUTION APPROVING THE PUBLIC EASEMENT
AGREEMENT BETWEEN IOWA CITY COMMUNITY SCHOOL
DISTRICT AND THE CITY OF NORTH LIBERTY, JOHNSON
COUNTY IOWA
IOWA:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY,
WHEREAS, the City Council desires to enter into a Public Easement Agreement for the
public purpose of extending, constructing and maintaining the City’s sanitary sewer and
public water systems and related infrastructure, and
WHEREAS, the owners of the properties shown in the attachments have executed
the Public Easement Agreement to permit the City to utilize property delineated in the
agreement for the purpose of improving North Liberty’s Sanitary Sewer and Water
Systems, and
WHEREAS, it is the parties’ desire to agree and establish, in writing, their
understanding concerning the public easement,
NOW, THEREFORE, BE IT RESOLVED that that the attached public easement
agreement between the City of North Liberty and Iowa City Community School District is
approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to
execute said agreement.
APPROVED AND ADOPTED this 28th day of April, 2015.
CITY OF NORTH LIBERTY:
_______________________________________
AMY NIELSEN, MAYOR
North Liberty – 2015
Page 1
ATTEST:
_______________________________________
TRACEY MULCAHEY, CITY CLERK
Resolution Number 15-57
DIVE TEAM 28E AGREEMENT
28E Agreement between Johnson County, Iowa; Iowa City, Iowa; Coralville, Iowa; North
Liberty, Iowa; Cedar Rapids, Iowa; Johnson County Emergency Management Agency;
and the University of Iowa; for the Joint Provision of Underwater Search and Recovery
Operations in the Cooperating Jurisdictions
WHEREAS, Johnson County, Iowa (hereinafter “Johnson County”); Iowa City, Iowa
(hereinafter “Iowa City”); Coralville, Iowa (hereinafter “Coralville”); North Liberty, Iowa
(hereinafter “North Liberty”); Cedar Rapids, Iowa (hereinafter “Cedar Rapids”); Johnson County
Emergency Management Agency (hereinafter “Johnson County EMA”); and the University of
Iowa; are all public agencies as defined by Section 28E.2 of the Code of Iowa (2013); and
WHEREAS, Johnson County, Iowa City, Coralville, North Liberty, Cedar Rapids,
Johnson County EMA and the University of Iowa (hereinafter “the Parties”) all provide, through
their various departments or offices and to one degree or another, underwater search and
recovery operations within their respective jurisdictions; and
WHEREAS, the specific departments/offices covered by this Agreement include the
Johnson County Sheriff’s Office, the Iowa City Fire Department, the Coralville Fire Department,
the North Liberty Police Department, the Cedar Rapids Fire Department, Johnson County EMA
and the University of Iowa Department of Public Safety (hereinafter “the Agencies”); and
WHEREAS, the Parties wish to enter into an agreement relating to the joint provision of
underwater search and recovery operations within all cooperating jurisdictions.
IT IS NOW AGREED that the Parties enter into an agreement pursuant to Chapter 28E of
the Code of Iowa (2013), and specifically Iowa Code Section 28E.12, providing for the joint
provision of underwater search and recovery operations within all cooperating jurisdictions with
purposes, powers, rights, objectives, and responsibilities of the Parties being as follows:
1.
PURPOSE AND SCOPE: The purpose of this Agreement is for the joint provision of
underwater search and recovery services within the cooperating jurisdictions.
2.
CONSIDERATION AND ADMINISTRATION: The mutual consideration herein is the
mutual aid and provision of services provided to the Parties. The duties and responsibilities
herein shall be administered by representatives of each Party’s respective Agency, to wit the
Johnson County Sheriff on behalf of Johnson County, the Iowa City Fire Chief on behalf of Iowa
City, the Coralville Fire Chief on behalf of Coralville, the North Liberty Chief of Police on
1
behalf of North Liberty, the Cedar Rapids Fire Chief on behalf of Cedar Rapids, the Emergency
Management Coordinator on behalf of Johnson County EMA and the Interim Assistant Vice
President and Director/Chief of Police on behalf of the University of Iowa.
3.
NO SEPARATE LEGAL ENTITY: No separate legal entity is created by this
Agreement. The Parties intend only the joint provision of governmental services.
4.
DIVE TEAM NAME: The dive team providing the cooperative underwater search and
recovery services shall be identified as the Johnson County Metro Dive Team (hereinafter “Dive
Team”).
5.
PROPERTY: The Dive Team will not own any real or personal property. Any personal
property acquired on behalf of or for the use of the Dive Team that is not owned by individual
Dive Team members or that member’s sponsoring Agency will be owned by Johnson County
EMA.
6.
RESPONSIBILITIES OF THE AGENCIES AND DIVE TEAM MEMBERS:
A.
Each Agency agrees to provide at least one member to the Dive Team in order to
conduct training, operations and maintenance of the equipment for the Dive Team and for
response and recovery operations. Each Agency will also provide workers compensation,
general liability, and medical coverage to their member(s) of the Dive Team and insure,
as appropriate, any equipment owned by the Agency. Each Agency is responsible for
providing scheduled and compensated time for its members to conduct training as part of
the team and as agreed upon, as well as for response operations. This will include any
clean up time needed to restore equipment to an in-service and operational status after a
training or response event. Training schedules are determined in January of each year by
the Dive Team Coordinator and Dive Team Business Operations Manager.
B.
Each Agency shall provide no less than one certified diver trained to both the
advanced open water and dive rescue technician levels. Levels should be comparable to
the Professional Association of Diving Instructors (PADI) Advanced Open Water and
PADI Rescue Diver Plus standards of training. Agencies may offer to pay for their
member to attain Advanced Open Water & PADI Rescue Diver Plus or the equivalents,
or any required refresher course(s), but the Dive Team will not be responsible for those
costs. Within budgetary constraints, Johnson County EMA will assume the cost of all
additional required and specialty training such as the EDRI (Emergency Response Diving
International) ERD-1 (Emergency Response Diver Level 1 & 2 courses) and approved
additional certifications.
C.
Each Dive Team member is responsible for his or her own initial basic, advanced
open water, and PADI Rescue Diver Plus levels of certifications and for the purchase and
maintenance of his or her own basic scuba gear (including mask, fins, snorkel, weights,
booties, hoods, gloves and a full wetsuit for pool training sessions), unless his or her
Agency chooses to assume these costs.
2
D.
Johnson County EMA shall supply the following equipment and training to Dive
Team divers: response wet suit 7mm, dry suit, tanks, buoyancy compensators, regulators
suited for ice diving conditions, and for the ERDI level ERD-1, ERD-2, ERD-Tender,
Contaminated Water Diver, Ice Diver, and Search & Recovery courses. Said equipment
shall remain the property of Johnson County EMA and be used by the Dive Team
members only in conjunction with Dive Team activities. Johnson County EMA will be
responsible for member certification costs, including course registrations, course
materials, special equipment use or rentals and tank fills as needed for the above
course(s).
E.
Meals, lodging and travel costs are not covered by the Dive Team.
Reimbursement of these costs incurred by individual Dive Team members is
discretionary with the respective member’s parent Agency.
F.
Specialty equipment, boats, trailers, and other mission-specific equipment will be
provided to the Dive Team by Johnson County EMA. To the extent feasible, said
equipment shall be available for additional training by members on a checkout basis.
G.
Dive Team members will agree upon an appropriate method of call out for the
Dive Team and each of the following dispatch centers shall have the capability to call out
the team using the agreed-upon method:
Johnson County Joint Emergency
Communications, Campus DPS Dispatch, and Cedar Rapids Emergency
Communications. Other call out methods may be used as agreed to by the Dive Team.
The ultimate decision to call out the Dive Team, however, shall remain with the entity
having jurisdiction over the specific incident.
H.
A Dive Team Coordinator shall be selected in January of each year by a majority
of the Agencies’ representatives. Each Agency shall have one vote. The Dive Team
Coordinator shall be responsible for training, on scene dive operations, maintenance and
other duties as determined. No compensation is provided for serving as Dive Team
Coordinator. The Dive Team’s Business Operations Manager shall be the Johnson
County EMA Director/Coordinator.
I.
Members of the Dive Team shall be approved as resumes and background checks
are received, upon approval of the Dive Team Coordinator and Business Operations
Manager. Appeals may be taken to the member Agencies’ representatives, where a
majority vote will be required to grant the appeal.
J.
Team members may resign upon 30 days written notice to the Dive Team
Coordinator or Business Operations Manager.
L.
Members may be removed from the Dive Team with notice by the Dive Team
Coordinator for just cause. A removed member’s appeal, if any, shall be taken to the
member Agencies’ representatives, where a majority vote will be required to grant the
appeal.
3
M.
All Dive Team equipment purchased by Johnson County EMA for use by Dive
Team members shall be returned to the Dive Team Coordinator upon separation from the
Dive Team.
N.
An annual training schedule shall be published each year in January for the Dive
Team members by the Dive Team Coordinator with copies to each member and the
representative of each member Agency. Dive Team members are responsible for
arranging their time off with their Agency so they may attend Dive Team training.
O.
Training and response records (dive logs) will be completed by each Dive Team
member involved in the training or response, and a master record will be kept by the
Business Operations Manager. A dive action plan shall also be completed for each
mission and kept on file.
P.
The Dive Team Coordinator shall develop, and annually update, standard
operating procedures for the Dive Team. A current copy of these procedures shall be
provided annually to each member Agency through its representative.
Q.
The Business Operations Manager shall keep an accurate roster of Dive Team
members, complete with contact information. Copies of this roster shall be provided
annually, or as members are added or removed from the team, to all member Agencies,
Dive Team members and the communications centers listed above.
R.
When possible, the Dive Team shall respond to any request for which they have
been called out. Operational periods will be determined by the Dive Team Coordinator
or the senior-most diver on scene.
S.
The Dive Team may develop other rules for the conduct of its members as
appropriate.
7.
BUDGETARY CONSTRAINTS: All activities conducted and equipment purchased in
relation to this Agreement are intended to occur within the existing budgetary constraints of and
at the discretion of the Agencies involved. Nothing herein is intended to create an obligation to
spend a specific amount of money on personnel or equipment. In the event any Agency, in its
own discretion, becomes financially unable to participate due to decreased revenue, other
budgetary priorities or the like, said Agency may withdraw from the Agreement in the manner
described below.
8.
VOLUNTEER CIVILIAN DIVE TEAM MEMBERS: Volunteer Civilian Dive Team
members, if any, will be allowed only on a case-by-case basis, upon an affirmative vote of a
majority of the Agencies’ representatives. These civilian members shall not be considered
employees of any of the Parties or their respective Agencies, but may be covered under the
Johnson County EMA workers compensation plan for coverage during assignments and trainings
sanctioned by the Dive Team. Each potential civilian member shall provide proof of health
insurance, a resume, a copy of a valid Iowa driver’s license, copies of all current dive
certifications, and any other information requested by the Business Operations Manager for
4
consideration by the Agencies’ representatives. Civilian members must pass a background check
conducted by the Johnson County Sheriff’s Office and lack any felony convictions. Civilian
members will be uncompensated.
9.
EFFECTIVE DATE: This Agreement shall be effective when approved and signed by
the respective parties and filed with the Secretary of State as provided in Chapter 28E.8 of the
Code of Iowa (2013). It is intended to replace, in their entirety, any prior agreements,
memorandums or understandings between any of the Parties related to dive team services.
10.
DURATION AND TERMINATION: Once effective, this Agreement shall be in effect
for three years after the date it was executed or, if executed by the Parties on different dates, the
date it was executed by the final signatory. At the end of the three-year effective period, or any
successive three-year effective period, the Agreement shall be automatically renewed for an
additional three-year period unless four or more Parties object in writing to such renewal no less
than thirty days prior to the renewal date. If four or more Parties timely object to renewal of the
Agreement, then the Agreement shall terminate at the end of the effective period.
11.
REVIEW. Any Party may request review and possible amendment of the terms of this
Agreement by sending a letter to the other Parties requesting it. All Parties agree to consider any
proposed amendments in good faith.
12.
WITHDRAWAL OF A SINGLE PARTY. Any party may terminate its individual
involvement in this Agreement upon giving thirty days written notice of withdrawal to the other
Parties.
13.
LIABILITY AND THIRD-PARTY RIGHTS. Nothing herein is intended to alter any of
the Parties’ ultimate responsibilities for their employees under Iowa law, including liability for or
immunity from third-party claims. Nor is this 28E Agreement intended to create any third party
benefits.
14.
NOTICES. Any official notice to one of the Parties shall be deemed effective when sent
via ordinary mail addressed to the Agency representative of a particular Party, at that person’s
address used for official business.
15.
INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the
Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2013) and statutes
respecting the rights and responsibilities of political subdivisions of the state.
16.
DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first
submitted to the Parties for resolution prior to any of the Parties pursuing administrative or
judicial remedies. In the event such matters must be submitted to the Parties, they shall be
submitted specifically to the Agency representatives who will make a good faith effort to resolve
the dispute.
5
JOHNSON COUNTY
This Agreement was approved by official action of the Johnson County Board of
Supervisors in official session on the ______ day of _______________, 2015.
Patrick Harney, Chairperson
Johnson County Board of Supervisors
ATTEST:
County Auditor
CITY OF IOWA CITY
This Agreement was approved by official action of the City Council of Iowa City in
official session on the _____ day of _______________, 2015.
Matthew J. Hayek, Mayor
City of Iowa City
ATTEST:
City Clerk
CITY OF CORALVILLE
This Agreement was approved by official action of the City Council of Coralville in
official session on the _____ day of _______________, 2015.
John Lundell, Mayor
City of Coralville
6
ATTEST:
City Clerk
CITY OF NORTH LIBERTY
This Agreement was approved by official action of the City Council of North Liberty in
official session on the _____ day of _______________, 2015.
Amy Nielsen, Mayor
City of North Liberty
ATTEST:
City Clerk
CITY OF CEDAR RAPIDS
This Agreement was approved by official action of the City Council of Cedar Rapids in
official session on the _____ day of _______________, 2015.
Ron Corbett, Mayor
City of Cedar Rapids
ATTEST:
City Clerk
JOHNSON COUNTY EMERGENCY MANAGEMENT COMMISSION
This Agreement was approved by official action of the Johnson County EMA
Commission in official session on the _____ day of _______________, 2015.
Louise From, Chair
Johnson County EMA Commission
7
THE UNIVERSITY OF IOWA
The undersigned acknowledges his/her authority to approve this Agreement and provides
that approval on the _____ day of _______________, 2015.
David W. Kieft
Business Manager
______________________________
David Visin, Interim
Assistant Vice President and Director,
Department of Public Safety
8
RESOLUTION NO. 15-58
A RESOLUTION APPROVING THE 28E AGREEMENT
BETWEEN JOHNSON COUNTY, IOWA CITY, CEDAR RAPIDS,
JOHNSON COUNTY EMERGENCY MANAGEMENT AGENCY
AND THE UNIVERSITY OF IOWA FOR THE JOINT
PROVISION OF UNDERWATER SEARCH AND RECOVERY IN
THE COOPERATING JURISDICTIONS
IOWA:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY,
WHEREAS, the City Council desires to enter into an agreement for the cooperative
operations for underwater search and recovery;
WHEREAS, it is the parties’ desire to agree and establish, in writing, their
understanding regarding said agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of North Liberty, Iowa,
does hereby approve the 28E Agreement between Johnson County, Iowa City, Cedar
Rapids, Johnson County Emergency Management Agency and the University of Iowa
setting forth the terms and conditions under which underwater search and recovery will be
provided in the City and cooperating jurisdictions.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to
execute the Agreement on behalf of the City of North Liberty.
APPROVED AND ADOPTED this 28th day of April, 2015.
CITY OF NORTH LIBERTY:
_______________________________________
AMY NIELSEN, MAYOR
North Liberty – 2015
Page 1
ATTEST:
_______________________________________
TRACEY MULCAHEY, CITY CLERK
Resolution Number 15-58
RANSHAW HOUSE HRDP
APPLICATION
RESOLUTION NO. 15-59
RESOLUTION IN SUPPORT OF AN APPLICATION TO THE
HISTORICAL RESOURCE DEVELOPMENT GRANT PROGRAM
IOWA:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY,
WHEREAS, the City of North Liberty is seeking financial assistance from the
Historical Resource Development (HRDP) Grant Program for funds to begin interior
renovations to the Ranshaw House including HVAC, electricity, restrooms, floor restoration,
wall restoration, plaster repair, and other projects as funds allow;
WHEREAS, the application requests $75,000 in grant funds; and
WHEREAS, the City Council is committed to funding the match for the project of
$50,000, as in the approved FY 16 Capital Improvements Plan.
NOW, THEREFORE, BE IT RESOLVED that the application to the HRDP Grant
Program is approved.
APPROVED AND ADOPTED this 28th day of April, 2015.
CITY OF NORTH LIBERTY:
ATTEST:
_______________________________________
AMY NIELSEN, MAYOR
_______________________________________
TRACEY MULCAHEY, CITY CLERK
North Liberty – 2015
Page 1
Resolution Number 15-59
NORTH LIBERTY WATER
MAIN PROJECT
April 22, 2015
City of North Liberty
ATTN: Mr. Ryan Heiar, City Administrator
P.O. Box 77
North Liberty, Iowa 52317
RE:
North Liberty 2015 Water Main Improvements
Dear Mr. Heiar:
On April 22, 2015 at 10:00 am in the North Liberty City Administration building, four bids were received
and opened for the above-referenced project. No irregularities were discovered in the bids.
The low bid was received from Dave Schmitt Construction Co. Inc., Iowa in the amount of $787,454.
The engineer’s estimate was $745,000.
Subject to submitting acceptable bonds, insurance and the Agreement, we recommend award of
contract to Dave Schmitt Construction Co. Inc. based upon their lowest responsive bid. Upon City
Council approval of this award we will proceed with issuing the Notice of Award and begin
administration of the construction contract.
Please contact our office if you have questions.
Sincerely,
SHIVE-HATTERY, INC.
Eric J. Munchel, PE
EJM/mas
Encs.: Bid Tabulation
Final Cost Opinion
Copy: Greg Metternich, Water Superintendent
Don Colony, Streets Superintendent
Tracey Mulcahey, Assistant City Administrator
Kevin Trom, S-H
Project # 1142710
SHIVE-HATTERY, INC.
2839 Northgate Drive
Iowa City, Iowa 52245-9568
(319) 354-3040 FAX (319) 354-6921
TABULATION OF BIDS
Client:
Project Name:
S-H Project #:
City of North Liberty
North Liberty 2015 Water Main Improvements
114271-0
NAME AND ADDRESS OF BIDDER
Bid Date: April 22, 2015, 10:00 A.M.
Location: City Admin. Bldg., North Liberty, Iowa
Page No.: 1
Dave Schmitt Construction Co. Ricklefs Excavating, Ltd
250 50th Avenue SW
12536 Buffalo Road
Cedar Rapids, IA 52404
Anamosa, IA 52205
Calacci Construction Co.
207 Scott Court
Iowa City, IA 52245
Miller Trucking & Excavating
3303 John Deere Road
Silvis, IL 61282
Addendum No. 1
Yes
Yes
Yes
Yes
Bid Security - 5%
Yes
Yes
Yes
Yes
Bidder Status Form
Yes
Yes
Yes
Yes
Lump Sum Bid Price
$
787,454.00
$
827,000.00
$
865,500.00
$
1,035,910.00
Engineer's Estimate
$
745,000.00
North Liberty 2015 Water Main Improvements Summary
Final Cost Opinion
March 25, 2015
Summary of costs
1
St. Andrews Loop
2
240th Street to Goose Lake Circle
3
Hickory Street Improvements
P:\Projects\IC\1142710\Corres\Cost Opinions\
COP 2015-03-05 - Final COP.xlsx
$215,000
$79,000
$451,000
Subtotal $
15% Contingency $
Opinion of Anticipated Construction Costs $
745,000
111,750
856,750
Engineering/ Construction Admin/ Staking/ Testing $
TOTAL $
139,000
995,750
Page 1 of 1
RESOLUTION NO. 15-60
RESOLUTION ACCEPTING THE BID AND AUTHORIZING THE
ACCEPTANCE OF THE CONTRACT BETWEEN THE CITY OF NORTH
LIBERTY AND DAVE SCHMITT CONSTRUCTION COMPANY FOR
THE NORTH LIBERTY WATER MAIN IMPROVEMENTS PROJECT
IOWA:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY,
WHEREAS, the City Council sought bids for the Water Main Improvements Project;
WHEREAS, four bidders submitted bids for the project; and
WHEREAS, the awarded bid was submitted by Dave Schmitt Construction Company,
in the bid amount of $787,454.00;
NOW, THEREFORE, BE IT RESOLVED that the bid presented by the above listed
bidder is hereby accepted and approved for the Water Main Improvements Project in a bid
amount of $787,454.00 is hereby approved as set forth therein, and
BE IT FURTHER RESOLVED that the contract is accepted between the Owner and
the Contractor is approved and that the Mayor is authorized to execute said contract.
APPROVED AND ADOPTED this 28th day of April, 2015.
CITY OF NORTH LIBERTY:
_______________________________________
AMY NIELSEN, MAYOR
North Liberty – 2015
Page 1
ATTEST:
_______________________________________
TRACEY MULCAHEY, CITY CLERK
Resolution Number 15-60
PENN MEADOWS PARK
PROJECT
PROPOSAL FOR SERVICES
TO:
City of North Liberty
ATTN:
Mr. Ryan Heiar, City Administrator
P.O. Box 77
North Liberty, Iowa 52317
PROJECT NAME:
NL Penn Meadows Park Improvements
DATE:
April 14, 2015
PROJECT DESCRIPTION: Overall improvements to Penn Meadows Park generally include a
concessions building, covered shelter, water and sewer utilities, trail and paving, splash pad, shade
structure and tot lot. The estimated budget for these improvements is approximately $1M. City staff will
manage the development and installation of these project components and have requested professional
services for the following.
The undersigned Client and Shive-Hattery, Inc. (S-H) agree as follows:
SCOPE OF SERVICES: S-H will provide the following professional services:
1.
Design Phase:
a. Concessions Building
S-H will assist city staff with procurement of pre-engineered factory built building including
sketch of basic building dimensions and project Scope of Work suitable for public bidding
documents. Service scope does not include covered shelter, electrical, HVAC, plumbing,
foundations, cultured stonework, or building appurtenances.
b. Water and Sewer Utilities
S-H will design and prepare construction documents for water and sewer utilities as
generally shown in Exhibit A.
c. Trail and Pavement
S-H will design and prepare construction documents for concrete trail and pavement as
generally shown in Exhibit A.
Project # 115189P
Page 2 of 4
2.
Bidding Phase:
a. Concessions Building
Services include preparation of bid documents, distribution of contract documents to
potential bidders, provide clarification of documents and answer contractor questions, issue
addenda as needed, attend bid opening, prepare tabulation of bids, and provide
recommendation to Owner regarding award of contract.
b. Water and Sewer Utilities
Services include preparation of bid documents, distribution of contract documents to
potential bidders, provide clarification of documents and answer contractor questions, issue
addenda as needed, attend bid opening, prepare tabulation of bids, and provide
recommendation to Owner regarding award of contract.
c. Trail and Pavement
Services include preparation of bid documents, distribution of contract documents to
potential bidders, provide clarification of documents and answer contractor questions, issue
addenda as needed, attend bid opening, prepare tabulation of bids, and provide
recommendation to Owner regarding award of contract.
3.
Construction Phase:
a. Concessions Building
1)
2)
3)
4)
5)
6)
7)
8)
9)
b.
Prepare and distribute construction contract as needed and Notice to Proceed
Review form of contract, bonds, and insurance
Provide construction staking
Review contractor submittals
Issue clarifications and authorize changes to the contract documents, negotiate and
prepare change orders as needed
Review payment applications as needed and provide recommendation to Owner for
payment
Provide final review of work to determine if work has been completed satisfactorily
Prepare list of deficient items to the contractor as needed
Review final payment application and provide recommendation to Owner for final
acceptance
Water and Sewer Utilities
1) Prepare and distribute construction contract and Notice to Proceed
2) Review form of contract, bonds, and insurance
3) Schedule and facilitate a preconstruction meeting to communicate schedule and the
administrative details of the project
4) Provide construction staking
5) Provide construction testing including subgrade compaction
6) Facilitate and participate with construction progress meeting. One on site meeting is
anticipated
7) Review contractor submittals
8) Issue clarifications and authorize changes to the contract documents, negotiate and
prepare change orders as needed
Project # 115189P | April 14, 2015
Page 3 of 4
9)
10)
11)
12)
c.
Review payment applications and provide recommendation to Owner for payment
Provide final review of work to determine if work has been completed satisfactorily
Prepare list of deficient items to the contractor as needed
Review final payment application, bonds, and provide recommendation to Owner for
final acceptance
Trail and Pavement
1) Prepare and distribute construction contract and Notice to Proceed
2) Review form of contract, bonds, and insurance
3) Schedule and facilitate a preconstruction meeting to communicate schedule and the
administrative details of the project
4) Provide construction staking
5) Provide construction testing including subgrade compaction and concrete testing
6) Facilitate and participate with construction progress meeting. One on site meeting is
anticipated
7) Review contractor submittals
8) Issue clarifications and authorize changes to the contract documents, negotiate and
prepare change orders as needed
9) Review payment applications and provide recommendation to Owner for payment
10) Provide final review of work to determine if work has been completed satisfactorily
11) Prepare list of deficient items to the contractor as needed
12) Review final payment application, bonds, and provide recommendation to Owner for
final acceptance
CLIENT RESPONSIBILITIES: It will be your responsibility to provide the following:
1.
Participation at design review meetings and review of design phase submittals. Provide
authorization to proceed with final design and bid letting.
2.
Manage and coordinate implementation for all of the improvement components including but not
limited to site preparation, building foundations design and construction, electrical and HVAC,
shelter, splash pad, shade structure, and tot lot.
3.
Provide daily construction observation services to monitor progress of the project and provide
on-site communications with the Contractor.
4.
Coordinate power service with Alliant Energy.
SCHEDULE: We will begin our services immediately after execution of this Agreement. The services
will be completed in a timely manner.
COMPENSATION: We will provide the Scope of Services for the following fee:
Design & Bidding Phase
Construction Phase
Reimbursable Expenses
Total
$ 30,000
$ 15,000
$
500
$ 45,500
Lump Sum
Hourly (estimated)
As incurred (estimated)
We will not proceed with Bidding or Construction Phase services until authorized by the City.
Project # 115189P | April 14, 2015
Page 4 of 4
ADDITIONAL SERVICES: Additional services requested that are not included in the Scope of Services
will be provided at standard hourly rates.
AGREEMENT: This proposal shall become the Agreement for Services when signed and dated by both
parties. The attached STANDARD TERMS AND CONDITIONS are made a part of this proposal and
Agreement for Services. Please return a signed copy to us in the enclosed green envelope.
ACKNOWLEDGEMENT OF OFFER AND ACCEPTANCE:
Proposal accepted and work is
authorized to proceed:
THE CITY OF NORTH LIBERY, IOWA
SHIVE-HATTERY, INC.
BY:
.
Brian Gotwals, AIA
Project Architect
TITLE:
DATE ACCEPTED:
.
BLG/bad
Enc.:
Second Copy of the Proposal with Standard Terms and Conditions
Green Envelope
Project # 115189P | April 14, 2015
STANDARD TERMS AND CONDITIONS
PARTIES
"S-H" shall mean Shive-Hattery, Inc., Shive-Hattery A/E Services, P.C., or Design Organization, a Division of Shive-Hattery, Inc.
"CLIENT" shall mean the person or entity executing this Agreement with "S-H."
LIMITATION OF LIABILITY AND WAIVER OF CERTAIN DAMAGES
The CLIENT agrees, to the fullest extent of the law, to limit the liability of S-H, its officers, directors, shareholders,
employees, agents, subconsultants, affiliated companies, and any of them, to the CLIENT and any person or entity
claiming by or through the CLIENT, for any and all claims, damages, liabilities, losses, costs, and expenses including
reasonable attorneys’ fees, experts’ fees, or any other legal costs , in any way related to the Project or Agreement from
any cause(s) to an amount that shall not exceed the compensation received by S-H under the agreement or fifty
thousand dollars ($50,000), whichever is greater. The parties intend that this limitation of liability apply to any and all
liability or cause of action, claim, theory of recovery, or remedy however alleged or arising, including but not limited to
negligence, errors or omissions, strict liability, breach of contract or warranty, express, implied or equitable indemnity
and all other claims, which except for the limitation of liability above, the CLIENT waives.
CLIENT hereby releases S-H, its officers, directors, shareholders, employees, agents, subconsultants, affiliated
companies, and any of them, and none shall be liable to the CLIENT for consequential, special, exemplary, punitive,
indirect or incidental losses or damages, including but not limited to loss of use, loss of product, cost of capital, loss of
goodwill, lost revenues or loss of profit, interruption of business, down time costs, loss of data, cost of cover, or
governmental penalties or fines.
INDEMNIFICATION
Subject to the limitation of liability in this Agreement, S-H agrees to the fullest extent permitted by law, to indemnify and
hold harmless the CLIENT, its officers, directors, shareholders, employees, contractors, subcontractors and consultants
against all claims, damages, liabilities, losses or costs, including reasonable attorneys’ fees, experts’ fees, or other legal
costs to the extent caused by S-H’s negligent performance of service under this Agreement and that of its officers,
directors, shareholders, and employees.
The CLIENT agrees to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors,
shareholders, employees, agents,, subconsultants, and affiliated companies against all damages, liabilities, losses,
costs, and expenses including, reasonable attorneys’ fees, expert’s fees, and any other legal costs to the extent caused
by the acts or omissions of the CLIENT, its employees, agents, contractors, subcontractors, consultants or anyone for
whom the CLIENT is legally liable.
HAZARDOUS MATERIALS - INDEMNIFICATION
To the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold S-H, its officers, directors,
shareholders, employees, agents, consultants and affiliated companies, and any of them harmless from and against any
and all claims, liabilities, losses, costs, or expenses including reasonable attorney’s fees, experts’ fees and any other
legal costs (including without limitation damages to property, injuries or death to persons, fines, or penalties), arising
out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acids, alkalies, toxic
chemicals, liquids, gases, polychlorinated biphenyl, petroleum contaminants, spores, biological toxins, or any other
materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or
subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not.
STANDARD OF CARE
Services provided by S-H under this Agreement will be performed in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing under similar circumstances on projects of similar
size, complexity, and geographic location as that of the Project. Nothing in this Agreement is intended to create, nor shall it be
construed to create, a fiduciary duty owed by either party to the other party.
RIGHT OF ENTRY
The CLIENT shall provide for entry for the employees, agents and subcontractors of S-H and for all necessary equipment. While
S-H shall take reasonable precautions to minimize any damage to property, it is understood by the CLIENT that in the normal
course of the project some damages may occur, the cost of correction of which is not a part of this Agreement.
PAYMENT
Unless otherwise provided herein, invoices will be prepared in accordance with S-H's standard invoicing practices then in effect
and will be submitted to CLIENT each month and at the completion of the work on the project. Invoices are due and payable upon
Copyright © Shive-Hattery July 2013
Page 2 of 4
receipt by the CLIENT. If the CLIENT does not make payment within thirty (30) days after the date the invoice was mailed to the
CLIENT, then the amount(s) due S-H shall bear interest due from the date of mailing at the lesser interest rate of 1.5% per month
compounded or the maximum interest rate allowed by law. In the event that S-H files or takes any action, or incurs any costs,
for the collection of amounts due it from the client, S-H shall be entitled to recover its entire cost for attorney fees and other
collection expenses related to the collection of amounts due it under this Agreement. Any failure to comply with this term shall be
grounds for a default termination.
TERMINATION
Either party may terminate this Agreement for convenience or for default by providing written notice to the other party. If the
termination is for default, the non-terminating party may cure the default before the effective date of the termination and the
termination for default will not be effective. The termination for convenience and for default, if the default is not cured, shall be
effective seven (7) days after receipt of written notice by the non-terminating party. In the event that this Agreement is terminated
for the convenience of either party or terminated by S-H for the default of the CLIENT, then S-H shall be paid for services
performed to the termination effective date, including reimbursable expenses due, and termination expenses attributable to the
termination. In the event the CLIENT terminates the Agreement for the default of S-H and S-H does not cure the default, then S-H
shall be paid for services performed to the termination notice date, including reimbursable expenses due, but shall not be paid for
services performed after the termination notice date and shall not be paid termination expenses. Termination expenses shall
include expenses reasonably incurred by S-H in connection with the termination of the Agreement or services, including, but not
limited to, closing out Project records, termination of subconsultants and other persons or entities whose services were retained
for the Project, and all other expenses directly resulting from the termination.
INFORMATION PROVIDED BY OTHERS
S-H shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to S-H
such information, including electronic media, as is available to the CLIENT and the CLIENT's consultants and contractors, and SH shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is difficult for S-H to
assure the accuracy, completeness and sufficiency of such client-furnished information, either because it is provided by others or
because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly, the
CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders,
employees, agents, subconsultants and affiliated companies, and any of them, from and against any and all claims, liabilities,
losses, costs , expenses (including reasonable attorneys’ fees, experts’ fees, and any other legal costs) for injury or loss arising
or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the CLIENT.
UNDERGROUND UTILITIES
Information for location of underground utilities may come from the CLIENT, third parties, and/or research performed by S-H or its
subcontractors. S-H will use the standard of care defined in this Agreement in providing this service. The information that S-H
must rely on from various utilities and other records may be inaccurate or incomplete. Therefore, the CLIENT agrees, to the
fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees agents,
subconsultants, affiliated companies, and any of them for all claims, losses, costs and damages arising out of the location of
underground utilities provided or any information related to underground utilities by S-H under this Agreement.
CONTRACTOR MATTERS
CLIENT agrees that S-H shall not be responsible for the acts or omissions of the CLIENT’s contractor, or subcontractors, their
employees, agents, consultants, suppliers or arising from contractor’s or subcontractors’ work, their employees, agents,
consultants, suppliers or other entities that are responsible for performing work that is not in conformance with the construction
Contract Documents, if any, prepared by S-H under this Agreement. S-H shall not have responsibility for means, methods,
techniques, sequences, and progress of construction of the contractor, subcontractors, agents, employees, agents, consultants, or
others entities. In addition, CLIENT agrees that S-H is not responsible for safety at the project site and that safety during
construction is for the CLIENT to address in the contract between the CLIENT and contractor.
SHOP DRAWING REVIEW
If, as part of this Agreement S-H reviews and approves Contractor submittals, such as shop drawings, product data, samples and
other data, as required by S-H, these reviews and approvals shall be only for the limited purpose of checking for conformance with
the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy
or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or
methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of
the Contractor. S-H's review shall be conducted with reasonable promptness while allowing sufficient time in S-H's judgment to
permit adequate review. Review of a specific item shall not indicate that S-H has reviewed the entire assembly of which the item
is a component. S-H shall not be responsible for any deviations from the contract documents not brought to the attention of S-H in
writing by the Contractor. S-H shall not be required to review partial submissions or those for which submissions of correlated
items have not been received.
Copyright © Shive-Hattery July 2013
Page 3 of 4
OPINIONS OF PROBABLE COST
If, as part of this Agreement S-H is providing opinions of probable construction cost, the CLIENT understands that S-H has no
control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that S-H's opinions
of probable construction costs are to be made on the basis of S-H's qualifications and experience. S-H makes no warranty,
expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.
CONSTRUCTION OBSERVATION
If, as part of this Agreement S-H is providing construction observation services, S-H shall visit the project at appropriate intervals
during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work
is proceeding in general accordance with the Contract Documents. Unless otherwise specified in the Agreement, the CLIENT has
not retained S-H to make detailed inspections or to provide exhaustive or continuous project review and observation services. SH does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, its
subcontractors, employees, agents, consultants, suppliers or any other entities furnishing materials or performing any work on the
project.
S-H shall advise the CLIENT if S-H observes that the contractor is not performing in general conformance of Contract Documents.
CLIENT shall determine if work of contractor should be stopped to resolve any problems.
OTHER SERVICES
The CLIENT may direct S-H to provide other services including, but not limited to, any additional services identified in S-H's
proposal. If S-H agrees to provide these services, then the schedule shall be reasonably adjusted to allow S-H to provide these
services. Compensation for such services shall be at S-H's Standard Hourly Fee Schedule in effect at the time the work is
performed unless there is a written Amendment to Agreement that contains an alternative compensation provision.
OWNERSHIP & REUSE OF INSTRUMENTS OF SERVICE
All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared
by S-H as instruments of service shall remain the property of S-H. The CLIENT shall not reuse or make any modifications to the
plans and specifications without the prior written authorization of S-H. The CLIENT agrees, to the fullest extent permitted by law,
to defend, indemnify and hold harmless S-H its officers, directors, shareholders, employees, agents, subconsultants and affiliated
companies, and any of them from any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting
from or in any way related to any unauthorized reuse or modifications of the construction documents by the CLIENT or any person
or entity that acquires or obtains the plans and specifications from or through the CLIENT without the written authorization of S-H.
DISPUTE RESOLUTION
If a dispute arises between S-H and CLIENT, the executives of the parties having authority to resolve the dispute shall meet within
thirty (30) days of the notification of the dispute to resolve the dispute. If the dispute is not resolved within such thirty (30) day time
period, CLIENT and S-H agree to submit to non-binding mediation prior to commencement of any litigation and that non-binding
mediation is a precondition to any litigation. Any costs incurred directly for a mediator, shall be shared equally between the parties
involved in the mediation.
EXCUSABLE EVENTS
S-H shall not be responsible for any event or circumstance that is beyond the reasonable control of S-H that has a demonstrable
and adverse effect on S-H’s ability to perform its obligations under this Agreement or S-H’s cost and expense of performing its
obligations under this Agreement (an “Excusable Event”), including without limitation, a change in law or applicable standards,
actions or inactions by a governmental authority, the presence or encounter of hazardous or toxic materials on the Project, war
(declared or undeclared) or other armed conflict, terrorism, sabotage, vandalism, riot or other civil disturbance, blockade or
embargos, explosion, epidemic, quarantine, strike, lockout, work slowdown or stoppage, accident, act of God, failure of any
governmental or other regulatory authority to act in a timely manner, unexcused act or omission by CLIENT or contractors of any
level (including, without limitation, failure of the CLIENT to furnish timely information or approve or disapprove of S-H's services or
work product promptly, delays in the work caused by CLIENT, CLIENT’s suspension, breach or default of this Agreement, or
delays caused by faulty performance by the CLIENT or by contractors of any level). When an Excusable Event occurs, the
CLIENT agrees S-H is not responsible for damages, nor shall S-H be deemed to be in default of this Agreement, and S-H shall be
entitled to a change order to equitably adjust for S-H’s increased time and/or cost to perform its services due to the Excusable
Event.
ASSIGNMENT
No party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited
to monies that are due or monies that may be due) without the prior written consent of the other party.
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SEVERABILITY, SURVIVAL AND WAIVER
Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions
shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating responsibility or liability between the CLIENT and S-H shall survive the completion of the services hereunder
and the termination of this Agreement. The failure of a party to insist upon strict compliance of any term hereof shall not constitute
a waiver by that party of its rights to insist upon strict compliance at a subsequent date.
GOVERNING LAW
This Agreement shall be governed pursuant to the laws in the state of the locale of the S-H office address written in this
Agreement.
EQUAL EMPLOYMENT OPPORTUNITY
It is the policy of S-H to provide equal employment opportunities for all. S-H enforces the following acts and amendments as
presented by Federal government or State governments: Title VII of the Civil Rights Act of 1965, Age Discrimination in
Employment ACT (ADEA), Americans With Disabilities Act (ADA), Iowa Civil Rights Act of 1965, and Illinois Human Rights Act [
775ILCS 5]. S-H will not discriminate against any employee or applicant because of race, creed, color, religion, sex, national
origin, gender identity, sexual orientation, marital status, ancestry, veteran status, or physical or mental handicap, unless related
to performance of the job with or without accommodation.
COMPLETE AGREEMENT
This Agreement constitutes the entire and integrated agreement between the CLIENT and S-H and supersedes all prior
negotiations, representations and agreements, whether oral or written. If the CLIENT issues a Purchase Order of which this
Agreement becomes a part, the terms of this Agreement shall take precedence in the event of a conflict of terms.
SIGNATURES
Original, facsimile, or electronic signatures by the parties are deemed acceptable for binding the parties to the
Agreement. The CLIENT representative signing this Agreement warrants that he or she is authorized to enter into
this Agreement on behalf of the CLIENT.
Copyright © Shive-Hattery July 2013
SPLASH PAD AND
WATER SERVICE BY
OWNER
SHADE STRUCTURE
BY OWNER
TOT LOT BY OWNER
GRAY HATCH
INDICATES NEW
TRAIL AND
PAVEMENT
PENN STREET
RED DASHED LINE
INDICATES NEW WATER
AND SEWER UTILITIES
NEW
CONCESSIONS
BUILDING
SHELTER BY
OWNER
EXHIBIT A
RESOLUTION NO. 15-61
RESOLUTION
APPROVING
SERVICES
AGREEMENT
BETWEEN THE CITY OF NORTH LIBERTY AND SHIVEHATTERY, INC. FOR SERVICES RELATING TO THE PENN
MEADOWS PARK IMPROVEMENTS PROJECT
IOWA:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY,
WHEREAS, the City Council desires to undertake the improvements to Penn
Meadows Park;
WHEREAS, Shive-Hattery, Inc. has presented a proposal for services relating to the
this project; and
NOW, THEREFORE, BE IT RESOLVED that the agreement presented by ShiveHattery is approved for services relating to the Penn Meadows Park Improvements Project
at a lump sum fee of $45,500 plus costs of expenses is hereby approved as set forth therein.
BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and
ordered to execute the agreement with said engineering firm for the project.
APPROVED AND ADOPTED this 28th day of April, 2015.
CITY OF NORTH LIBERTY:
_______________________________________
AMY NIELSEN, MAYOR
North Liberty – 2015
Page 1
ATTEST:
_______________________________________
TRACEY MULCAHEY, CITY CLERK
Resolution Number 15-61
ADDITIONAL INFORMATION
North Liberty Community Library
Board of Trustees Meeting Minutes
March 16, 2015
6:30 p.m.
Board Members Present:
President: Marcia Ziemer
Members: Nick Gefaller, Doug Neale, Barbara Beaumont, John Henk, Yulonda Sano
Assistant Library Director: Jennifer Jordebrek
Board Members Absent: None
Additions/Changes to the Agenda
None
Public Comment
None
Approval of Minutes
Jennifer noted that Emily is still working the circulation desk and Carrie will be doing back of house
circulation work. Doug Neale moved to approve minutes from January, Barbara Beaumont seconded.
The minutes were unanimously approved.
Reports
Budget
The budget is at 65.5%, and is in good shape for being halfway through the year. Nothing unexpected
and no concerns.
Friends
T shirts to be ordered; waffle breakfast tentatively scheduled for 10/24; Birdies for Charity will be 5/14
in Solon. There will be a book sale to get rid of excess books from extra weeding, date is to be
determined. Yulonda asked about volunteering.
Director’s Report
Polaris – finalized contract, John Henk reviewed contract and Scott Peterson, the City Attorney worked
with the library staff. Contract was approved and signed and the program will be implemented in August
or September.
Performance Plans – Jennie met with the director at West Branch and got ideas, will meet with staff to
set them up after vacation.
Account Reconciliation is underway to help patrons get their accounts back in good standing
Express checkout – waiting for Polaris to come online to implement. The books will show up in the
catalogue for searching.
Fine Free Library – waiting for Polaris as well
City Energy Policy – occupancy schedule updated to allow additional down times to save energy. Doug
Neale asked if there was downtime before and Jennifer will check with Jennie to see.
North Corridor Rotary Club made a $500 donation
John is working with the library on a Community Impact Grant from MidwestOne which would be
$50,000 for Womb Literacy Initiative and pop up library at the food bank.
Accredited Tier 3 for another 2 years.
No date on DOT Kiosk
Jennie chaired the Optimist Pancake Breakfast which served 801 people.
Policy Review
Community Center is considering changes to age requirements for unsupervised minors in the wake of
some issues in the building and the library has had some issues in the Teen Lounge. An ID will be
required and teens will have to sign in to the Teen Lounge. There will be a limit of 12 teens, in grades 7th
and above. May need to revisit Conduct Policy if the building adopts a new age policy, currently the
Conduct Policy allows children 9 and over.
Nick Gefaller moved to accept the Service Policy as modified, Doug Neale seconded and it passed
unanimously.
Old Business
Board Self Review is due up in April – Marcia will be sending out a Survey Monkey survey and we should
try to do it in the next week or so, so that she can compile the results and send out the summary.
Planning for Results update –
• Create Young Readers – Goal 1 – there will be a baby fair with nonprofits on August 30; Stork
Story Time for expecting parent will run from September to May; Read to the Bump time line
may be moved up if we are awarded the grant from MidwestOne.
• Create Young Readers – Goal 2 – My Baby story time started in January and will run through
summer.
• Create Young Readers – Goal 3 – Pop up library at the food pantry will start in April, 2 times per
month.
•
•
•
•
Know Your Community – Goal 3 – Flashback movie night was the first of the “non-family” events;
Adult Prom will be held in May
Express Creativity/Stimulate Imagination – Goal 1 – lettering will be added to the windows in
May, part of the work will be in Coralville and part of it here.
Express Creativity/Stimulate Imagination – Goal 2 – Vino & Van Gogh will be held in May
Express Creativity/Stimulate Imagination – Goal 3 – MOBIUS had to be cut from the budget;
meeting with Coralville & Iowa City to discuss sharing Overdrive and dropping out of NEIBORS
which would make it easier for patrons to get copies of books
New Business
None
Other Business
None
Adjourn
Doug Neale moved to adjourn at 7:20 pm and Nick Gefaller seconded. Motion was passed unanimously
and the meeting was adjourned.