Loading...
HomeMy WebLinkAbout1984-05-08 Resolution84-89 � eooln#ton of f9mmenbu#ion Oflecras, Ralph Taylor submitted a resignation from the service of the City of Iowa City effective April 27, 1984 and Phereas, the said Ralph Taylor as an employee of the Building Inspection Division has given the City of Iowa City 25 years of dedicated service, from 1959 and 04eren, the City Council wishes to commend the said Ralph Taylor for said service. Xafa ffiherefore be it Fesalbeb bq the Oa (903ttcil of �10fva (94, 116" 1. That the City Council of Iowa City, Iowa hereby commends Ra 1 ph Taylor for meritorious service in the Building Inspection Div. of the City over the years 2, That the City Council extends the gratitude of the City to the said Ral ph Taylor for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Ralph Taylor . It was moved by Ambrisco and seconded by Baker that the Resolu- J tion be -adopted. 1 ATTEST: 'l"7 2 �(� �nJ MAYOR � CITY CLERK Passed and approved this 8th day May, 1984. I F: 84-90 geso1u#ion of (9 mmenbutiolt Phereas, Paul Bogs submitted a resignation from the service of the City of Iowa City effective Apri l 27, 1984 and 011"Us, the said Paul Bogs as an employee of the �-y Sanitation Landfill Division has given the City of Iowa City 27 years -n� of dedicated service, from 1957 and Pheretts; the City Council wishes to commend the said Paul Bogs for said service. II Nofo therefore be it Fesolbob bq Che 0% &wrif of jofoa (ft, Afoa: 1. That the City Council of Iowa City, Iowa hereby commends Paul Bogs tur iilkriiul`iuua acivia'.i in iuc aan l oa 1:1411 Lai141 1 11 L, ua i..c ..ur 4'riC um j%ioro 2. That the City Council extends the gratitude of the City to the said Paul Bogs for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Paul Bogs. It was moved by Ambrisco and seconded by Baker that the Resolu- tion be adopted. CITY CLERK MAYOR Passed and approved this 8th day o r+ay, 1984. r RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY84 OPERATING BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Public Hearing be held in the Civic Center at 7:30 p.m., May 22, 1984, to permit any tax- payer to be heard for or against the proposed amendment to the FY84 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than four 4 days and not more than twenty (20) days before the time set for such hearing. It was moved by Erdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker Dickson X X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th day of May, 1984. - v - YOR ATTEST: %%In�n,Ja i tJ CITY CLERK Rowtved 8 Approved By The Legal Department W. RESOLUTION NO. 84-92 RESOLUTION SETTING PUBLIC HEARING ON APPROVING THE FY84 CAPITAL PROJECTS BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Public Hearing be held in the Civic Center at 7:30 p.m., May 22, 1984, to permit any taxpayer to be heard for or against the proposed FY84 Capital Projects Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than four ys and not more than twenty (20) days before the time set for such hearing. It was moved by Erdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th day of May , 1984• ATTEST: i97 !e"� ZA42 CrTY CLERK -AMOR /, � Approvod BY Tho Leyaf Depaiirnont 5 3 94- — 11 RESOLUTION NO. 84-93 RESOLUTION SETTING PUBLIC HEAR114G ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF The FY85 unu All DMIDCarTHr ann.1FrT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: -- n14 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 22nd day of May , 1984 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by _ Erdahl and seconded by Dickson that the resolution as read be adopted— , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X _ Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 8th day of May 19 84 . MAYOR ATTEST: K J CITY CL RK Rece'"cl 4 Approved By the 1"41 De _ I7/g�PaNmedE IOWA UEI'AR ^;N1'OP TRANSPORTATION' -'ooJ H..__. NAY DIVISION Application for use of Highway Right of Way for Utilities Accommodation I 1 Count,y Johnson Pcmit No. 52-3(n Applicant: Northwestern Bell Telephone Company IN.m of o ...1 830 First Avenue N.E. Cedar Rapids, Iowa 52402 1A",n0 (col tsmal (rip Cn a Iowa Department of Transportation Ames, Iowa 50010 Gentlemen: Approval is hereby requested for the use of Primary Highway Nl in Sec. 2 rN..k,l T 79N R 6W Johnson on the north edge of Iowa Cit . County kd/ from ❑311111...) at Highway Station(s) No.—Al line for the transmission of - The installation shall consist of for the accommodation of ad telephone cable and will be located as shown on the detailed plat attached hereto. AGREEMENTS: The utility company, corporation,applicant, permit holder or licensee, (hereinafter referred to as the permit holder) agrees that the following stipulations shall govern under this permit. I. The location, construction and maintenance of the utility installation covered by this application shall be in accordance with the current Iowa Department of Transportation Utility Accommodation Policy. 2. The installation shall meet the requirements of local municipal, county, stoic. and federal laws, franchise rules, and regulations, regulations and directives of the Iowa Stoic Commerce Commission, Utilities Division, the Iowa State Department of Health. all rules and regulations of the Iowa Department of Transportation, and any other laws or regulations applicable. 3. The permit holder shall be fully responsible for any future adjustments of its facilities within the established highway right of way icaused by highway construction or maintenance operations. 4. The Iowa Department of Transportation shall give the permit holder at least 48 hours written notice of any proposed construction or maintenance work. on either existing or newly acquired right-of-way, that is likely to conflict with the installation belonging to the Permit holder in order that the permit holder may arrange to protect its facilities. 5. The Slate of Iowa and the Iowa Department of Transportation assume no responsibility for damages to the permit holder's property occasioned by any construction or maintenance operations on said highway. 6. The permit holder shall takcall reasonable precaution during theconstruction and maintenance of said installations to protectand safeguard the lives and property of the traveling public and adjacent property owners. 7. The permit holder agrees to give the Iowa Department of Transportation forty-eight hours' notice of its intention to start construction on the highway right-of-way. Said notice shall be made in writing to the Engineer whose name is shown below. 8. The permit holderagrces toatall limesgivethe Iowa Department ol"Transportation timcly notice of intention to perform routine maintenance within the right-of-way. Said notice shall be to the Engineer whose name is shown below. 9. The permit holder, and its contractors, shall carry on the construction or repair of the accommodated utility with serious regard to the safety of the public. Traffic protection shall be in accordance with Part VI of the current Iowa Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways. Flagging operations are the responsibilityof the permit holder. The original placement of signs and removal on completion of the work shall be accomplished by the permit holder. 10. Operations in the construction and maintenance of said utility installation shall be carried on in such a manner as to cause minimum of interference to or distraction of traffic on said highway. Rl R I I. The permit holder shall be rcsponsibl —,any damage that may result to said highwa^causc of the construction ope a. ' maintenance of said utility, and shall reimb, _e the State of Iowa or the Iowa Department) )Transportationanyexpenditure that , State of Iowa or the Iowa Department of Transportation may have to make on said highway because of said Permit Holder's s utility having been constructed, operated, and maintained thereon. 12. The permit holdershall idemnify and save harmless the State of Iowa, and the Iowa Department of Transportation from anyand all causes of action, suits at law or in equity, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for, on account of, or due to the acts or ommissions of said Permit holder's officers, members, agents, representa- tives, contractors, employees or assignsarising out of or inconneclion with its (ortheir) use or occupancy of the public highway under this permit. 13. Non-compliance with any of the terms of the Iowa Department of Transportation policy, permit, or agreement, may be considered cause for shut -down of utility construction operations or withholding of relocation reimbursement until compliance is assured, or revocation of the permit. The cost of any work caused to be performed by the Slate in removal of non -complying construction will be assessed against the permit holder. 14. A copy of the approved permit shall be available on the job site at all times for examination by Department of Transportation officials. 15. This permit shall terminate 20 years from date of approval for gas and water mains outside the corporate limits of a municipality in accordance with the Code of Iowa. Chapter 320. Renewal may be requested. 16. The following special requirements will apply to this permit: Paved shoulders shall not be disturbed thr(ughout thic oppratinn APPLICANT: C Northwestern Bell Telephone Co. By fi , Au, Engr-Dist. mroro.nr, N,,.nwr G. E. Allen lot, 830 First Avenue N.E. Date •rn —t, v /9te Aame„ Cedar Rapids. Iowa 52402 APPROVAL OF CITY OR TOWN (If proposed lin is within an mcor}p1cos atcd town or city, the Council of said town or city must grant approval for installation.) "The on ersi nedcityortowijoijsthe grants embodied inthe above permit executed bythe Iowa Dena nmentofTransportation on conditiq that II f -the benefit oLl, 7 ��igned, Isiln.wn I APPROVAL BY THE• ST d undertakings therein running to the Iowa Department of Transportation shall insure to the The permit is approspd ¢y the below delegated city or town official. Ls"I s• L/.,J.,` e; il)�f /rs�.C/l. Dare AN'D1IURIED INSTALLATIONS Date aoiam� N E. ZITTERICH APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS Recommended Pngmi Mumrrwmt Inpn<n Approved Unuer MumwMr I nl�nnr Uur Notice of intention to start construction on the highway right-of-way shall he sent to: Aaron. Notice of intention to stun maintenance on the highway right-of-way shall be sent to: i nn^rn 5 roan of ino.DMnaeon .ill M rruwrm m, an m.wnauont -711 BORE I OAK .V DDDGE ST NOT FOR DISCLOSURE OUTSIDE THE BELL SYSTEM EXCEPT BY WRITTEN AGREEMENT i i i ;, i i .A\— NOTES (DA 11 EY..0-AVAT16N V102.K TD SE RESTORED TO ORIGINAL nR SETTER O—ONDITION. T DETAIL 'A' i ,'- 5LAS _ 3I—� T DETAIL 'A' ,'- 5LAS _ 3I—� 1 T T S l E 1 a LL T 'r PrMt I I I+y i 'r PrMt I I I+y 1 II I jl RESOLUTION NO. 84-94 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NORTHWESTERN I BELL TELEPHONE COMPANY WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement withg�1 TP1 o ay a copy of said agreement beinga ache to t is Resolution an b this reference made a art hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with Northwestern Bell Telephone Company regarding the removal -or-41ep.lacement-or-co.nqfrljction of those Northwestern Bell Telephone Company's ilitieswhirh are included in the Iowa Avenue Bridge Reconstruction Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement— with Northwestern Bell Telephone Company 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Erdahl and seconded by _ Dickson that the resolution as reaTbe adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker Dickson X Erdahl P X McDonald I X _ _ Strait X Zuber Passed and approved this 8th day of May 19 84 MAYOR 3 y ATTEST:, , , _ _) rid &,I'd Reeelved 8 Approved CITY CLERK By The arf Legal De rno I 6 AGREEMENT AND now on this day of 1984, this Agreement is entered into by and between the City of Iowa City, Iowa, hereinafter referred to as the City, and Northwestern Bell Telephone Company, here- inafter referred to as N.W. Bell. WHEREAS, the City has determined the structure on Iowa Avenue spanning the Iowa River, hereinafter referred to as the Iowa Avenue Bridge, is in need of major reconstruction; such reconstruction is hereinafter referred to as the Project; and WHEREAS, N.W. Bell has decided to remove or replace or construct R% facilities adjacent to or attached to the Iowa Avenue Bridge; and WHEREAS, the City has included the removal or replacement or con- struction of N.W. Bell's facilities as part of the Project. NOW, THEREFORE, in consideration of the premises and the mutual ^' covenants stated below, the parties agree as follows: 1. N.W. Bell's facilities shall include structures, such as manholes and/or vaults, and conduits; but, shall not include the actual transmitting cables, wires, etc. and the installation and connections of - such. 2. N.W. Bell agrees to pay the City's design engineer for all (1p inn costs incurred in the design of the removal or replacement or v nUW, IHr.KrrUKC, In LUIIb IUCI'GLIUII VI ule N. em law e - covenants stated below, the parties agree as follows: 1. N.W. Bell's facilities shall include structures, such as manholes and/or vaults, and conduits; but, shall not include the actual transmitting cables, wires, etc. and the installation and connections of such. 2. N.W. Bell agrees to pay the City's design engineer for all design costs incurred in the design of the removal or replacement or construction of N.W. Bell's facilities in relation to the Project. The cost for this design is $1,990.00. 3. Except as noted below in paragraph 4, N.W. Bell agrees to reimburse the City for all construction costs incurred in the removal or replacement or construction of N.W. Bell's facilities in relation to the Project. The costs reimbursed shall be those costs as bid by the contrac- tor under contract with the City for the construction of the Project. See Exhibit A for N.W. Bell's facilities proposed to be removed or replaced or constructed with the Project and the estimated costs thereof. 4. The detouring of N.N. Bell's existing facilities during the construction of the Project, and the costs thereof, shall be the responsi- bility of N.W. Bell and not of the City. CITY OF IOWA CITY HN MCDONALD, MAYOR 79 J 7e. e.,I) MARIAN K. KARR, CITY CLERK otsr Ist, — ENGINEERING RA vivt d a Apptovr,d BY Yha Lets! Uepaltrnent EXHIBIT A AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NORTHWESTERN BELL TELEPHONE COMPANY FACILITIES INCLUDED IN IOWA AVENUE BRIDGE RECONSTRUCTION PROJECT 1. Demolition of two existing concrete vaults and construction of two new concrete vaults. 2. Installation of approximately 1,640 lineal feet of four inch diameter PVC conduit. ESTIMATED COSTS CONDUIT INSTALLATION AND MANHOLE CONSTRUCTION FOR NORTHWESTERN BELL TELEPHONE COMPANY ON THE RECONSTRUCTION OF THE IOWA AVENUE BRIDGE IOWA CITY, IOWA ITEM Clas Conc Rein 41' q COSTS QUANTITY UNIT TOTAL z 116 C. Y. $ 10.00 5 1,160.00 ;a •i? �1 EXHIBIT A AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NORTHWESTERN BELL TELEPHONE COMPANY FACILITIES INCLUDED IN IOWA AVENUE BRIDGE RECONSTRUCTION PROJECT 1. Demolition of two existing concrete vaults and construction of two new concrete vaults. 2. Installation of approximately 1,640 lineal feet of four inch diameter PVC conduit. ESTIMATED COSTS CONDUIT INSTALLATION AND MANHOLE CONSTRUCTION FOR NORTHWESTERN BELL TELEPHONE COMPANY ON THE RECONSTRUCTION OF THE IOWA AVENUE BRIDGE IOWA CITY, IOWA ITEM Clas Conc Rein 41' q COSTS QUANTITY UNIT TOTAL z 116 C. Y. $ 10.00 5 1,160.00 ;a r; RESOLUTION NO. 84-95 RESOLUTION AUTHOR171NG EXECUTION OF AN AGREEMENT WITH THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY REGARDING THE INSTALLATION, �A6ff&"N CE, OPERATION, ETC. OF A CONDUIT LOCATED UPON RAILROAD WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with fadar Rapids and Iowa Cit Railway .lway Co. , a copy of saidagreement being attached to this Reso ution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agrppmpnt with the Cedar Rapids and Iowa City Railway Co. (CRANDIC) JuhirJ —l-icm apo thg.City_of Iowa Cid to install, maintain, operate, and renew a_9 rigid ste 1—c— nduit upon the property of the CRANDIC on the north side --nf Iowa Avenue east of the Iowa Avenue bridge over the Iowa River. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Cedar Rapids and Iowa City Railway Co. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Erdahl,_ and seconded by _— Dickson that the resolution as read be adadopted, and upon roll call there were: AYES: _X X _)L X X X lil NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this Rth day of Max 19 84. I ATTEST: j �;NJ ,(� �(/ Received F. Approvod GHY CLERK By The Legal Depprimeni r -793 i AGREEMENT CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called "Railway Company"), hereby licenses CITY OF IOWA CITY (hereinafter called "City") to install, maintain, operate and renew 2" rigid steel conduit (hereinafter called "facility") upon the property of the Railway Company at the following location: From existing power pole located approximately Thirteen feet (131) from center line of Railway Company's track at a point Thirty-five feet (351) ± north of north back wall of Iowa Avenue over- pass in Iowa City, Iowa, southeasterly Forty-two feet (42')±; thence westwardly back under Iowa Avenue overpass beyond the Railway Company's right-of-way line, per attached plat, marked in red, and made a part of this Agreement. The foregoing License is given such express terms and conditions as are inserted below, as well as those contained upon the attachment hereto, and should the City, at any time, violate any of said terms or conditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Railway Company may, at its option, immediately revoke this License. The foregoing License is subject to the following con- ditions: 1. The said facility shall be used for the purpose of conveying electricity from power source to lighting devices. 2. The City is to have and to hold the same from Jan- uary 1, 1984 to January 1, 1987, and thereafter until either party shall give the other party One hundred eighty (180) days' written notice of its desire to terminate this lease; and until so terminated, all conditions of this Agreement shall remain in full force and effect. Acceptance of rent in advance by the Company shall not act as a waiver of the right to terminate this Agreement. 3. Any written notice given by either party to the other party shall be deemed to be properly served if the same be delivered to such other party, or if mailed, post- paid, addressed to such other party at such other party's last known place of business. In case of an emergency, notice shall be given by telephone as follows: If to the Railway Company, by calling the Superintendent, 12th floor, ie: Tower at 319/ 398-4448 or Dispatcher, Rockford Road, S.W., Cedar Rapids, Iowa, at 319/398-4645: If to the City, by calling the Water Department at 319/356-5166 or the Police Department at 319/ 356-5275. Each party shall notify the other party in writing of any change of address or telephone number. -1- -?93 4. The City shall pay to the Company at its office in the City of Cedar Rapids, Iowa, a rental of One Hundred Dollars ($100.00) per annum, payable in advance, in three year payments, beginning on January 1, 1984. 5. The City shall bear the cost of all protection which the Railway Company may require for its tracks or property during construction and maintenance hereby auth- orized and of all repairs, changes, additions or betterments to said Railway Company's tracks or property made necessary on account of same. If, in the judgment of the Railway Company, it shall be necessary to provide support for its tracks during the work of construction or maintenance, the Railway Company will provide such support, and the entire cost thereof will be paid by the City promptly upon receipt of bill therefor. 6. The City will give to the Superintendent of the Railway Company at least ten (10) days' notice in writing before entering upon the right-of-way of the Railway Company for construction purposes, or for the purpose of making necessary repairs unless an emergency exists. During an emergency, the City shall have the right to make emergency repairs without prior written notice to the Railway Company, but the City shall notify the Railway Company of such work as per Section Three (3). The Railway Company reserves the right to judge of the necessity of repairs to said facility, and to require the City to make such repairs upon ten (10) days' notice in writing. In such case, the City may enter upon said right-of-way without the ten (10) days' notice above referred to, and shall proceed forthwith to make such repairs, and upon failure to do so within ten (10) days, the Railway Company shall have the right to make said repairs and collect the entire cost thereof from the City. _T -In-. Railway Company reserves the right, in case, in its opinion, the safety of its tracks or property demands it, to make emergency repairs if the City does not respond promptly to telephone notice (as per Section Three (3)) of the need for such emergency repairs and to collect the cost thereof from the City as herein provided. 7. It is understood by the City that said facility is subject to the dangers and hazards of the operation of the railroad of the Railway Company, and this Agreement is subject to all risks thereof. The City assumes and agrees to pay for loss or damage to all property whatsoever, and injury to or death of any person or persons whatsoever, in- cluding all costs and expenses incident thereto, arising or resulting from, and caused by, the existence, construction, maintenance, repair, renewal, reconstruction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the City, or its officers, agents, or employees to abide by or comply with any of the terms or conditions of this Agreement; and the City forever indemnifies the Railway Company against and agrees to save it harmless from any and all claims, demands, deathlawsuits, oandlia- bility for any such loss, damage, injury, expense. The Railway Company agrees to promptly notify the city of any such claim, demand, or lawsuit so as to allow the City to defend against any such claim, demand or lawsuit. -2- 793 8. The Railway Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate any change in the location of said facility, or any part thereof, such change shall be made by the City, at the expense of the City, upon demand of the Railway Company, and the said Railway Company shall not be liable to the City on account thereof, or on account of any damage growing out of any use which the Railway Company may make of its said tracks, property and right-of-way. _ 9. The Railway Company shall have the right at any time by giving One hundred twenty (120) days' notice in writing to the City to require the City at its expense to re -arrange or move this facility so as to conform to changes the Railway Company may desire to make in its track grade, track location or line or any other changes Railway may desire to make in its property at this point. 10. The waiver of a breach of any of the terms and conditions hereof shall be limited to the act or acts consti- tuting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such waiver. 11. This License is personal to said City, and is not assignable or transferable, without the written consent of the Railway Company being first obtained. IN WITNESS WHEREOF, this instrument is executed this 31sT day of MAY , 1984. ATTEST: Assistant S cre a CEDARS AND IO T R WAY COMPANI By: / j YICE'PRESIDENr AND SECRETARY ` 1 i The undersigned, the City mentioned in the foregoing License, hereby accepts the same, subject to the terms and conditions therein stated. CITY F IOWA CITY By: ATTEST: Received S Approved By `1 . Department -3- 793 Power Sa/rea Axzeiin9 Power /s Cs>sr �t�o', eo't/mFf) New ,giyid ( ice) W / h Crardic ¢� R4i/raM4/ 7� THIS P/On ViswAl Candia R. R. ' 1 Shlw -HaHery & Asmdefes pw.-A7ms *lose /.9w A*. / HCi a71Y.1 wCry.oww.e MIS S. -b 0-0" w. ■d P.54 18,19". "i"" 181-1195-0)■ ii s ^i COUNCIL'S PROPOSAL RESOLUTION NO. 84-96 RESOLUTION SETTING AN EXPIRATION DATE FOR THE EAST AND NORTHEAST IOWA CITY DEVELOPMENT POLICY ADOPTED BY RESOLUTION 83-187 AND AMENDED BY RESOLUTION 83-409. WHEREAS, the City Council of the City of Iowa City established by Resolution 83-187 and amended by Resolution 83-409 a development policy in East and Northeast Iowa City to limit development in those areas pending resolution of sewage treatment and collection problems; and WHEREAS, the City Council is moving toward a resolution of those problems. I NOW, THEREFORE, BE IT RESOLVED 1. That the development policy for the East and Northeast portions of Iowa City established by Resolution 83-187 and amended by Resolution 83-409 be rescinded no later than May 1, 1985. 2. That the City Council will permit the preliminary platting of any properties in these areas of Iowa City prior to May 1, 1985, provided that those plats comply with all the pertinent ordinances of Iowa City and that an agreement is provided deferring final platting and the issuance of building permits until the development policy is rescinded. 3. That the City Council review the terms of this resolution in December, 1984, and amend this resolution, if appropriate. It was moved by.— --Brdall ydalland seconded by Strait the Resolution be opts, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait x_ Zuber Passed and approved this 8th da of May Q , 1984. C/ (./ A OR ATTEST: W � 7( i Approved Dl' Tho Lzga1 Dep�rfrngtf i t4k r .-� City of Iowa Cif-" MEMORANDUM Date: May 2, 1984 To: City Council From: Doug Boothroy, Senior Plan ne Re: East and Northeast Iowa CityDeve opment Moratorium There are two resolutions included in the agenda packet. The one labeled "Council's proposal" reflects what the staff understands the Council's position to be after informal discussion on April 23, 1984. A May 1, 1985 deadline is set for recision of the mortorium resolution with a December, 1984 review to permit amendment of that date. Under this resolution, developers would be able to obtain preliminary plat approval, if the plat conformed to all pertinent City ordinances, and if an agreement was executed deferring final plat approval and the issuance of building permits until the moratorium was lifted. The second resolution stems from a meeting held, at the request of the Council, between the City staff and local developers on May 1, 1984. The distinction between this resolution and the one labeled "Council's proposal" is the expiration date. The developers have argued that in order to have housing available for spring occupancy, builders must be able to get permits and begin construction in the fall. Issuance of a building permit requires final platting of the property. If the property is final platted and a building permit issued, the only regulatory step left prior to occupancy is issuance of a certificate of occupancy. The City has no discretion in the issuance of a certificate if all the pertinent Code requfr—ements are met. If the Council wishes to accommodate the developers' argument and provide for spring occupancy by allowing building to take place beginning in the fall, there is no reason to extend the moratorium beyond the fall. The developers have suggested November 1, 1984 as the date of recision of the moratorium policy. That date is incorporated into the resolution labeled "Developers' proposal". The developers also suggested, during our meeting, that the Council move forward with the first phase of implementing the wastewater facilities plan proposed by Veenstra & Kimm. cc: Robert Jansen Bill Frantz Chuck Schmadeke Dick McCreedy Neal Berlin Frank Boyd Don Schmeiser Larry Schnittjer Bruce Glasgow bj3/1 DEVELOPERS' PROPOSAL RESOLUTION NO. -RESOLUTION SETTING AN EXPIRATION DATE FOR THE EAST P NORTHEAST IOWA C Y DEVELOPMENT POLICY ADOPTED BY RESOLUT/areas 87 AND AMENDED BY RES UTION 83-409. WHEREAS, a City Council of the City of Iowa ablished by Resolution 83-187 and amended by Resolution 83-409 a det policy in East and Northeast I a City to limit development in th pending resolution of sewage treat nt and collection problems; and WHEREAS, the Ci y Council is moving toward a resolution of those problems. NOW, THEREFORE, B IT RESOLVED 1. That the develo ment policy for a East and Northeast portions of Iowa City established y Resolution 8 -187 and amended by Resolution 83-409 be rescinded no late than Novemb 1, 1984. 2. That the City Coun it wila permit the preliminary platting of any properties in the reI of Iowa City prior to November 1, 1984, provided that those p is comply with all the pertinent ordinances of Iowa City and that an ag eement is provided deferring final platting and the issuance of buildi g ermits until the development policy is re- scinded. It was moved by and seconded by the Resolu on be adopted, an upon roll call there were: AYES: / NAYS: ABSENT: i I Passed and approved this ATTEST: day of Ambrisco Baker Dickson Erdahl McDonald Strait Zuber 1984. nnec�:i�ori & An roved 6y Yh: Goc<a1 4•2rrlmenf zM1�4 STAFF REPORT To: Planning and Zoning Commission Item: S-8407. First & Rochester Part 2 - Preliminary Subdivision GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan Update: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Prepared by: Karin Franklin Date: February 23, 1984 Plum Grove Acres, Inc. 834 N. Johnson Iowa City, IA 52240 Approval of a preliminary subdivision plat for 18.84 acres The development of 36 single family lots. North of First & Rochester, Part 1 and east of First Avenue Extended 18.84 acres Residential, 2-5 dwelling units per acre and agricultural Undeveloped; RS -5 and ID -RS (application has been made for the rezoning of 3.52 acres from ID -RS to RS5) North - undeveloped; ID -RS East - undeveloped; ID -RS South - undeveloped; RS -5 West - undeveloped; RS -5 Provisions of the subdivision and stormwater management ordinances. March 26, 1984 Water service is available. Sanitary sewer service is available for 15.32 acres in accordance with an agreement between the City and Plum Grove Acres. 00 Page 2 Public services: Transportation: Physical characteristics: ANALYSIS Police and sanitation able. Fire protection and service are avail-, Vehicular access is proposed via First Avenue Extended and Hickory Trail, both of which are dedicated with First and Rochester, Part 1. The topography is moderate to steeply sloped. First and Rochester, Part 2 subdivides a little over 18 acres into 36 single family lots at an overall density of 2 DU/acre. The proposed development is just north of First and Rochester, Part 1, approved in August, 1983, for single family and multi -family development in the northeast quadrant of the intersec- tion of First Avenue and Rochester Avenue. Although there is a moratorium on development in this area, much of the subdivision is exempt from this morato- rium based on a previously executed agreement between Plum Grove Acres (PGA) and the City providing for limited platting of PGA's property. In exchange for flowage easements and the construction of a trunk sewer line in the area, the City granted Plum Grove Acres, Inc. the understanding that an approximate acreage of plus or minus 20 acres could be developed north of Ralston Creek and could tie into the City sewer system. The 1983 zoning map shows RS5 zoning for that portion of PGA's property which was subject to the agreement. The proposed subdivision goes beyond that area to include 3.52 acres which are shown as ID -RS on the zoning map and are currently under consideration for rezoning from ID -RS to RS -5 (Z-8401). Approval of the subdivision as shown is dependent upon approval of the rezoning request. Lots 73-78 and Lot 80 are less than the required five acres for a single family residential use permitted in the ID -RS zone. Rezoning to RS5 would permit the lots -as shown on the plat. A note has been added to the plat indicating that lots 73-78 and Lot 80 are subject to the development moratorium imposed on portions of Iowa City and that no building permits may be issued for those lots until that moratorium is lifted. Adequate access will be provided to this subdivision with the completion of improvements for First and Rochester, Part 1. The 36 lots of First and Rochester Part 2 will not require secondary access. However, any further subdivision will require another means of access to First Avenue or some appropriate alternative. Stormwater detention will not be necessary for this subdivision due to the existence of the Horth Branch Detention dam. However, provision for drainage of the 100 year storm is necessary. STAFF RECOMMENDATION The staff recommends approval of the preliminary subdivision plat of First and Rochester Part 2 subject to the rezoning of 3.52 acres requested in application Z-8401. Page 3� ATTACHMENTS Agreement-Plum Grove'Acres, Inc. and Iowa City Plat of rezoning request, Z-8401 ACCOMPANIMENTS Plat Approved by: Z40x��dm 0,0 Schme'ser, Director i AGREE14EIlT This Agreement is made between the City of Iowa City, Iowa, a municipal corporation, hereafter CITY, and Plum Grove Acres, Inc., hereafter OWNER. WITNESSETH: WHEREAS, the Owner has fee title to certain real estate located in Johnson County, Iowa City, Iowa; and WHEREAS,*the City has determined that it is in the public interest to erect a detention structure on the Horth Branch of Ralston Creek for flood control purposes, and to acquire certain flowage easement rights over real estate belonging to the Owner; and WHEREAS, Owner has provided a permanent access easement to Garry and Susann Hamdorf, husband and wife, over the creek crossing, more commonly known as a Missouri River crossing; and WHEREAS, in Ileu of condemnation proceedings Owner has agreed to the acquisition of certain property interests by the City, the amount to be paid to Owner as "just compensation"; and WHEREAS, the parties wish to provide for ensu -sharing of public improvements to assure orderly growth and provide access across Ralston Creek, in the event the Owner desires to develop property lying north and south of Ralston Creek in the area of the detention structure. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. Flowage Easement City shall acquire a permanent flowage easement from Owner over 15.7 acres of land located in Iowa City, Johnson County, Iowa, as currently shown on the Topographic and Property Boundary Map prepared by Stanley Consultants and incorporated herein by reference. Parties agree such easement shall be subject to an access easement of record which Owner has granted to Gary and ' Susann Hamdorf, and that City shall acquire flowage easement rights over said access easement by separate agreement. Parties agree conveyance to City herein shall be by separate document executed by Owner with City as grantee, in the form described in "Exhibit A" attached hereto and by this reference made a part hereof. The City shall prepare or cause to be prepared a survey of said real estate, and shall provide a proper legal description for purposes of conveyance. Parties agree that survey boundaries will be squared off at elevation 701 ms], but in no event shall the total flowage easement area be less than 15.7 'acres, as shown on the Boundary Map. 2. Compensation Owners shall receive from City a sum of $6,500, which shall be paid upon conveyance. City agrees to record the easement document in the Johnson County Recorder's Office as required by Order of the Iowa Natural Resources Council (INRC). City shall pay recording and transfer fees required by State law, but not attorney fees. In any event, City shall acquire and Owner shall convey said flowage easement no later than May I, 1902. 3. Proposed Development and Platting In the event Owner desires to develop lands now belonging to Owner and located adjacent to and lying north and south of Ralston Creek and east of the detention structure, Owner shall file or cause to be filed preliminary and final plats of that portion of Owner's property lying south of Ralston Creek and the VO acres lying north of Ralston Creek with the City of Iowa City. Said plat shall be filed in accordance with State and M/ local regulations and shall be accomplished in no more than two (2) parts. Owner agrees plats shall show the location of First Avenue extended north across Ralston Creek between Rochester Avenue and the Owner's north property line with a 60 foot right- of-way. Owner further agrees said plat shall show location of a culvert in place of the existing Ralson Creek crossing. It is the mutual intent of the Parties that the location of the culvert and Ralston Creek crossing shall be slightly to the west and downstream from the existing crossing, subject to final approval by the Iowa Natural Resources Council. 4. Public Improvements In the event Owner desires to develop lands lying north and south of Ralston Creek, and upon acceptance and approval of said plats by the City pursuant to State and local regulations, Parties agree to participation in construction and cost of public improvements, as follows: a) Paving, fill and sidewalks Owner agrees to construct paving from Rochester Avenue north to the northern boundary of Owner's property at a width of 28 feet and to install 4 feet wide sidewalk within the flowage easement and to the east of First Avenue Extended paving. Owner further agrees to install 4 feet wide sidewalk within the flowage easement area and to the west of First Avenue Extended paving. Owner agrees to install earth fill for the culvert, street paving and sidewalks as required by City regulations and according to Engineering Department standards. b) Sewer extension City agrees to install, at its awn expense, a 21 inch sanitary sewer line easterly from the present Northeast Trunk Sewer location all as shown on the plans and specifi- cations of the North Branch Dam Construction Project, Incorporated herein by reference and made a part hereof. c) Culvert At such time as Owner desires to complete paving of First Avenue Extended to Owner's north property line, Owner shall provide sufficient survey information to City to allow City to design street paving, sidewalk and culvert as set forth herein. City shall then construct at its own expense a culvert crossing over Ralston Creek at its intersection with the proposed First Avenue Extended, as described herein. City agrees that culvert installation shall be such that maximum elevation of paving and/or sidewalks at the culvert shall no[ exceed 701 msl. Provided that the City shall construct said culvert within eighteen (18) months from receiving written notice of Owner's intent to complete paving; but in no event shall City be required to complete construction of culvert before November 1, 1984. Parties agree final location of the culvert shall be subject to approval of INRC, and City agrees to request placement of the culvert downstream of the Hamdorf access easement and known as a Missouri river crossing, to minimize inconvenience during construction. 5. General In the event Owner does choose to develop as herein anticipated, provisions relating to paving width, platting of First Avenue Extended and sanitary sewer extensions shall be incorporated by reference into Subdivider's Agreement for subdivis ion purposes. W6, W Parties agree this document shall be recorded upon execution, that City shall pay recording fees and that this Agreement shall be binding on the Parties' heirs, successors and assigns. Parties agree that provisions and mutual covenants relating to public improvements and cost sharing shall be void and have no force and effect in the event Owner or his assignee or successor in interest, chooses not to develop his lands lying north and south of Ralston Creek and east of the detention structure as herein provided. Dated this /V ay of /Alw....e_� , 1982, CITY OF IOWA CITY PLUM GROVE ACRES, INC. Oo BY: ILL .i(t tt_t'tnut ll By: . . %` • & rest ent BY:aue,.) +�.,.e AZ:i. BY'n '7 V ---G ce%Pres[ e$ nt CORPORATE ACKNOWLEDGEMENT.: STATE OF IOWA ) COUNTY OF JOHNSON ) SS: On this /S�y or 19 ��7, before me, the undersigned, a Notary ubf% in and f r the Cate ofTuwa, personally appeared Orycg_R, ryas 4w and Frank Oovd - to me personally known, who, et nC 9 by me duly sworn, did state that they are the errs idem and Vice resident idem respectively, of said corpora[ ration executing the within and foregoing instrument, that no seal has been procured by this said corporation; that said instrument was signed, (aothxsaa)itdx*At& ioocymxtazcmi) on behalf of said corporation by authority of its board of directors; and that the said President and ViCe-President as such officers acknowledged the execu[ on or said Instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. no Wry ub a In and or he State of Iowa, County of J CITY ACKNOWLEDGEMENT: Jf` — STATE or IOWA ) JOHNSON COUNTY SS On this 4 i 4t day of e/�" moi 1902, before me, the undersigned, a notary public and or said county, and said state, Clerknrespectively of teared he City of C. user and Iowa City, as publicKhousingor and City authority, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledge the execution of said agreement to be the voluntary act and deed of said corporation, by and by them voluntarily executed. No ar Pub c n and for Lite State of )o a, Johnson County ■ "Exhibit A" , PERMANENT FLOWAGE EASEMENT THE UNDERSIGNED, HEREINAFTER CALLED THE GRANN OTShereby grant and convey to the C Y OF IOWA CITY, IOWA, hereinafter called the CITY, a permanent flowage easement over GRANTORS' real property located in Johnson County, Iowa City, lora, and more particularly described in "Exhibit All attached hereto and incorporated by reference herein. For and in consideration of the sum of f the receipt of which is hereby acknowledged, the GRAN ORS hereby grant and convey to the CITY a permanent flowage easement over the above-described real property. This permanent flowage easement grants to the CITY the right to occasionally overflow, flood and submerge the above-described real property in connection with the operation of the North Branch Ralston Creek Stormwater Detention Facility. The GRANTORS agree not to excavate, grade or fill the above - de scrfbed property, and further agree not to construct any dwelling, building, or stucture thereon. The GRANTORS shall retain the right to use the above-described real property for any purpose which will not interfere with the rights granted to the CITY herein, including the GRANTORS' right to utilize said tract as a green space and for density computations in a Planned Area Development, or any approved subdivision or development. The provisions hereof shall be binding upon the heirs, successors, and assigns of the parties hereto, and the terms and conditions set forth herein shall constitute covenants running with the land. Dated this day of , 19 GRANTORS: Plum Grove Acres, Inc. CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) COUNTY OF JOHNSON 55: this nNotary Public in and for the State ofb eforlowae personally appe the unrsined, aof 19--, ared .�� and to me personally known, who, being by me du y sworn, d d state that they are the andrespectively, of said c rpor� ation executing the Within and and. Instrument, that no seal has been procured by this said corporation; that said instrument was signed (and sealed with corporate sea)) on behalf of said corporation by authority of its board of directors; and that the said and as such officers acknowledged the execution of said Instrument to be the voluntary act and deed of said corporation by It and by them voluntarily executed. t Notary Public In and for the State of Iowa, County of ile:nka.i R tpp,e,•t11 act I 5-X407 FlOwr AwD ei r` (E¢ P., -T T*lp L4 114% w1 nyiYir i r;4 CO l 7r� 1i�1��4'Xr• •, 9r� :Ir!: '' !I ".l u, '°iM AI I�P. '.11=.� tt! ,��r��': ' ��:. L.. • � ly Lt�c.r>T io �+ h•'l AP 1 ),oc-4-rt ,) MAP m RESOLUTION NO. 84-97— RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE AGREEMENT WITH THE WILLOW CREEK NEIGHBORHOOD i CENTER, INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS I FOR PURCHASE OF A HANDICAPPED PASSENGER VAN. ± WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist the Willow Creek Neighborhood Center, Inc, in the purchase of a handicapped passenger van for the transportation of users of the Willow Creek Neighbor- hood Center; and WHEREAS, the City Council did, by Resolution No. 84-52, dated March 13, 19841 authorize and enter into an agreement with the Willow Creek Neighborhood Center, Inc., to purchase a handicapped passenger van at a maximum cost of fifteen thousand dollars ($15,000); and WHEREAS, due to the unanticipated cost of the special wheelchair lift, the actual price at which such a van is available is $159440. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an addendum to the agreement with the Willow Creek Neighborhood Center, Inc., dated March 13, 1984, for purchase of a handicapped passenger van. Said addendum is attached to this resolution and is incorporated by this reference herein. It was moved by Erdahl and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl — X —__7 McDonald j X Strait X Zuber Passed and approved this 8th day of May 1984. i i OR ATTEST: ]79er,,,M CI LERK ReColvod & Approvod By Tito Legal Dapadrt+ent 337 I r� ... ... _....._.._.__. . ,. _...._._.... ______. ADDENDUM TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE WILLOW CREEK NEIGHBORHOOD CENTER, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PURCHASE OF A HANDICAPPED PASSENGER VAN THIS AGREEMENT, entered into this 8th day of Ma , 1984, by and between the City of Iowa City, a municipal corpora on(herein referred to as the "City"), and the Willow Creek Neighborhood Center, Inc. (herein referred to as the "WCNC"),_ is an addendum to the original agreement executed on March 13, 1984. This addendum adds four hundred forty dollars ($440) to the funds awarded for purchase of a van, and amends the Time of Performance Section of the original agreement as follows: PART I II. TIME OF PERFORMANCE This section is amended as follows: WCNC will perform according to the following schedule, Program Element Deadline Bid Opening 04/06/84 Notification of Successful Bidder 04/13/84 Delivery of Van 08/31/84 Van in Operation 09/15/84 This schedule is subject to change by mutual agreement of both parties, in writing. III. COMPENSATION AND METHOD OF PAYMENT The City will pay and WCNC agrees to accept in full the amount of fifteen thousand, four hundred forty dollars ($159440) or the purchase price of said van, whichever amount is less, for performance under this agreement, as follows: 1. Full payment will be made upon presentation to the City by WCNC of a properly executed contract for purchase of a handicapped passenger van. 2. The total of the above payment will not exceed $15,440. F37 2 IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 8th day of May 1984. CITY OF IOWA CITY WILLOW E K NEI HOOD CENTER, INC. By: By: ayor ATTE T: ATTEST: city Cle rK Reoehied & Approved By The legal Departimnt Sz 9 837 ,....___........... .. 0 RESOLUTION NO. 84-98 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, THE FY85 APPLICATION FOR STATE TRANSIT ASSISTANCE. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, the City wishes to continue its current level of transit service, and make certain capital acquisitions, and WHEREAS, the State of Iowa Department of Transportation offers capital and operating assistance to local governmental units for their public trans- portation systems, and WHEREAS, State assistance is being applied for in the amount of $207,841, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to sign and the City Clerk to attest, the FY85 applica- tion for State transit assistance. It was moved by Dickso and seconded by Stra;t the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 8th day of May , 1984. )A4YOR ATTEST: C ' CYY CLERK R'+afmd b Approved Dy Tha Lc-�Iai Dopatirwral • CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319) 356-5000 April 13, 1984 Ms. Nancy Richardson, District Representative Public Transit Division Iowa Department of Transportation 5268 2nd Avenue, N.W. Des Moines, Iowa 50313 Re: Request for Advance Funding Dear Nancy: This letter is written to formally request that the City of Iowa City be granted full advance funding of its formula allocation of State Transit Assistance for FY85, and quarterly advance funding of any special project State Transit Assistance we receive. In past years we have found the advance funding arrangement to be helpful in assisting our cash flow situation. Thank you again for your continued work on our transit projects. S. cer ly ohn McDonald Mayor tp517 cc: Jeff Davidson Res. 84-99 The Council considered the bids received and publicly opened pursuant to resolution of the Council and notice duly published for construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, in accordance with the plans and specifications therefor. Council Member Erdahl moved and Council Member Dickson seconded the motion as follows: i To adopt the following resolution Making Award of Contract(s) To defer bids for later consideration and X action to a meeting to be held on the 22nd day of May , 1984, next, at 7:30 O'clock'P.M., at this meeting place, with jurisdiction retained over all bids received. The roll was called and the vote was, AYES: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: DEFERRING RESOLUTIONMAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of ------------------------------- of --------------------- , in the amount of $------------ - for the construction of the Highway 1/Interstate 8�age Pumping Facilities Project, -5- ANLEPS, COONCY. DOPWCILEP. H.INIC,'j MIT. a ALLOCC. L.WYC4S. DCS MOINES. IOW. 937 Res. 84-99 The Council considered the bids received and publicly opened pursuant to resolution of the Council and notice duly published for construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, in accordance with the plans and specifications therefor. Council Member Erdahl moved and Council Member Dickson seconded the motion as follows: To adopt the following resolution Making Award of Contract(s) To defer bids for later consideration and X action to a meeting to be held on the 22nd day of May , 1984, next, at 7:30 o'clock .M., at this meeting place, with jurisdiction retained over all bids received. The roll was called and the vote was, AYES: Zuber, Ambrisco, Baker, Dickson, Erdahl, McDonald, Strait NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: DEFERRING RESOLUTION/MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of ------------------------------- of --------------------- in the amount of $------------ - for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, -5- ANLCRS, COONEY. DORWCILCR. HAYNIE. $MIT. B ALLOCC. LAWYCRS, DC5 MOINCS, IOWA B39 described in the plans and specifications heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. I The Mayor and Clerk are hereby directed to execute each contract awarded above for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND APPROVED, this 8th day of May , 1984. yor ATTEST: Clerk k ,. j -6- AMLrnS. COONCY, pORWCILCR, HAYNIE, SMITH a ALLOCE. LAWYCRS. DCS MOINES, IOWA RESOLUTION NO. 84-100 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE BRIDGE RECONSTRUCTION PROJECT. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the plans, speciifcations, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. It was moved by Strait and seconded by Dickson that the resolution as read be adopted, and upon roll cal there were: AYES: NAYS: ABSENT: X Ambrisco X Baker R Dickson X Erdahl X McDonald R Strait X Zuber Passed and approved this 8thday of AIav ,19gg. MAYOR ATTEST:e » J CITY CLERK Reeaived A Approved BY i e Legal Department :_ _ v RESOLUTION NO. 84-101 RESOLUTION AUTHORIZING F.XFCUTION OF pN AGREEMENT WITH THE STATE BOARD OF REGENTS (ON BEHALF OF THE UNIVERSITY OF IOWA) WHEREAS, the City of Iowa City, Iowa, has negotiated an Agreement with The State Board of Regents , a copy of said Agreement being attached to this Reso ution anan by—thhis reference made a part hereof, and, WHEREAS, the City Council deems it in the uglic i t rest e said Agreement with the State Board of Regents (on blAa�f of Nie nr���e�� Ty _af_LR re ardj_%.the removal or replacement or construction of those —11-njxus_itv's facilities which are included in the Iowa Avenue Bridge Recon- struction Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: I. That the Mayor and City Clerk are hereby authorized and directed to execute the Aereemenj_ with The State Board of Rekents _ 2. That the City Clerk, shall furnish copies of said Agreement to any citizen requesting same. It was moved by Zuber and seconded by __Strait that the resolution as readbe adopted, and upon roll call there were: --` AYES: NAYS: ABSENT: X Ambrisco Baker Dickson X_ ___ Erdahl X McDonald X Strait X Zuber Passed and approved this 8th day of May 19 84 M OR ATTEST:�(/ ��^� C1 TT CLK Nowl"d b Approved By The lcjal eparlmenl �y( \ AGREEMENT B ' Paggee 1 r And now on this 8th day of ft , 1984, this Agreement is entered into by and between the City of Iowa City, Iowa, hereinafter referred to as the City, and the State Board of Regents on behalf of the University of Iowa, hereinafter referred to as the University. WHEREAS, the City has determined the structure on Iowa Avenue spanning the Iowa River, hereinafter referred to as the Iowa Avenue Bridge, is in need of major reconstruction; such reconstruction is hereinafter referred to as the Project; and WHEREAS, the University has decided to remove or replace or construct facilities adjacent to or attached to the Iowa Avenue Bridge; and WHEREAS, the City has included the removal or replacement or construction of the University's facilities as part of the Project. NOW, THEREFORE, in consideration of the premises and the mutual covenants stated below, the parties agree as follows: 1. The University's facilities shall include structures, such as manholes and/or vaults, and conduits; but, shall not include the actual transmit— ting cables, wires, etc. and the installation and connections of such. 2. The University agrees to pay the City's design engineer for all design costs incurred in the design of the removal or replacement or construction of the University's facilities in relation to the Project. The cost for the design is $4,465.00. 3. Except as noted in paragraph 4, the University agrees to reimburse the City for all construction costs incurred in the removal or replacement or con— struction of the University's facilities in relation to the Project. The costs reimbursed shall be those costs as bid by the contractor under contract with the City for the construction of the Project. See Exhibit A for the University's facilities proposed to be removed or replaced or constructed with the Project, and estimated costs. 4. The detouring of existing utilities during the construction of the Project, and the costs thereof, shall be the responsibility of the University and not of the City. CITY OF IOWA CITY STATE B AR�� REGENTS n /J University's facilities in relation to the Project. The cost for the design is $4,465.00. 3. Except as noted in paragraph 4, the University agrees to reimburse the (:Lty for all constructioll, costs incurred in the removal or replacement or con- struction of the University's facilities in relation to the Project. The costs reimbursed shall be those costs as bid by the contractor under contract with the City for the construction of the Project. See Exhibit A for the University's facilities proposed to be removed or replaced or constructed with the Project, and estimated costs. 4. The detouring of existing utilities during the construction of the Project, and the costs thereof, shall be the responsibility of the University and not of the City. CITY OF IOWA CITY STATE B R 0 REGENTS By: JO MCDONALD, MAYOR Execut ve Seer tary MARIAN K. KARR, CITY LIL"N Received & Approvoc! By The Legal Department AGREEMENT BETWEEN THE CITY OF IOWA CITY ANI) IOWA STATE BOARD OF REGENTS FACILITIES INCLUDED IN IOWA AVENUE BRIDGE RECONSTRUCTION PROJECT 1. Demolition of two existing concrete vaults and construction of two new concrete vaults. 2. Installation of approximately 1002 lineal feet of two inch diameter rigid steel conduit. 3. Installation of approximately 1952 lineal feet of five inch diameter rigid steel conduit. ESTIMATED COSTS CONDUIT INSTALLATION AND VAULT CONSTRUCTION COSTS ITEM QUANTITY UNIT TOTAL Class 20 Excavation 102 C.Y. $ 10.00 $ 1,020.00 Concrete 31 C.Y. 275.00 8,525.00 Reinforcing Steel 3,860 LBS. .50 1,930.00 Structural Steel 340 LBS. 2.00 680.00 Steel Castings 550.LBS. 2.00 1,100.00 2" 0 R.S. Conduits 1,002 L.F. 5.00 5,010.00 5" N R.S. Conduits 1,952 L.F. 35.00 68,320.00 Total Estimated Construction Cost $86,585.00 Engineering 4,465.00 TOTAL ESTIMATED PROJECT COST $91,050.00 The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Absent: None i Matters were discussed relative to the request from Pharmaceutical Development Systems, Inc., an Iowa corporation, regarding the issuance of not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project). Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member Ambrisco introduced the following Resolution in written form and moved its adoption. Council Member Dickson seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Erdahl, Ambrisco, Baker, Dickson, McDonald, Strait, Zuber NAYS: None The Resolution.was thereupon signed by the Mayor and in evidence of his approval was attested by the City Clerk and declared to be effective. The Resolution is as follows: -2- GE RESOLUTION NO. 84-102 4 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $3,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL 4 DEVELOPMENT REVENUE BONDS (PHARMACEUTICAL DEVELOPMENT SYSTEMS, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA, E DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City"), is a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project", as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the City in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has been requested by Pharmaceutical Development Systems, Inc., an Iowa corporation duly organized and existing under the laws of the State of Iowa (hereinafter referred to as the "Company"), to authorize and issue not to exceed $3,000,000 in aggregate principal amount of its Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) (the "Bonds.") pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility for the purpose of manufacturing, storing and distributing pharmaceutical products, located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (hereinafter referred to as the "Project"); and WHEREAS, said Project will maintain and enhance employment opportunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits flowing from the conducting of increased industrial operations which will add to the welfare and prosperity of the City and its inhabitants; and -3- WHEREAS, the City has determined that the amount necessary to defray all or a portion of the cost of acquiring, con- structing, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $3,000,000 in aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of, interest and premium, if any, on said Bonds as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Bonds; and WHEREAS, regulations promulgated under Section 103'of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or take "some other similar official action" toward the issuance of such Bonds prior to the commencement of construc- tion or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented.to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A", which sets forth certain mutual undertakings and agreements between the City and Company relating to the further processing and issu- ance of said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed I for and on behalf of the City; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act and by Section 103(k) of the Internal Revenue Code of 1954, as amended. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on June 5, 1984, at 7:30 p.M., before this City Council in the Council Chambers at the Civic Center in the City of Iowa City, -4- i '-i Iowa, on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) pursuant to the provisions of the Act, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Iowa City Press -Citizen, a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Bonds in substantially the following form: -5- Bya RESOLUTION NO. 84-103 RESOLUTION RECLASSIFYING FULL TI14E POSITIONS IN THE CITY MANAGER'S OFFICE AND TREASURY DIVISION. WHEREAS, Resolution No. 83-75 adopted by the City Council on March 29, 19830 establishing an operating budget for FY84 authorizes all permanent positions, and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed, and WHEREAS, the following positions have been identified as warranting re- classification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the authorization of personnel in the City Manager's Office be amended by reclassification of the position of Administrative Secretary to the City Manager from Grade 48 to Administrative Assistant Grade 50. 2. That the authorization of personnel in the Treasury Division be amended by. a. Deletion of one Account Clerk position, Grade 4. b. Addition of one Customer Service Representative, Grade 6. It was moved by - Dickson and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x. x.. _x _x . . x x. _x.. Passed and approved this 8th Ambrisco Baker Dickson Erdahl McDonald Strait Zuber of May- , 1984. ATTEST: 2%77 _;,,.,J��{� CI CLERK K Rocuivud & iipprovud Ry I Logal Department yq3 I i .� City of Iowa Cite. MEMORANDUM Date: May 3, 1984 To: City Council From: Anne Carroll, Human Relations Director Re: Proposed Reclassifications A resolution is attached for your consideration which reclassifies two positions: Administrative Secretary to the City Manager and Account Clerk -Treasury. The position of Administrative Secretary to the City Manager is proposed for reclassification to newly created job title Administrative Assistant which more accurately reflects the increasingly administrative job duties performed by this position. It is expected that the position may continue to undergo change and restructuring of job duties which will reflect increasingly administrative responsibilities versus clerical duties. To assess the impact of those anticipated changes, the position will be re-evaluated within one year. The position will increase one salary grade. Additional costs of reclassification for the remainder of FY84 are $125, and $520 for FY85. The FY84 new salary grade will be $16,660-$21,278. Reclassification of one Account Clerk position in the Treasury Division was reviewed by the AFSCME Job Evaluation Committee and is recommended for Council approval by the Committee. The position title has been changed to Customer Service Representative and the position has been increased two salary grades. The duties of this position are primarily oriented towards assisting customers in sign-up for water service, and in resolving problems with utility payment collection and shut-off of water service. A reorganiza- tion of job duties in the Treasury Division approximately one year ago created substantial changes in the assignment of duties of this position in order to increase effective public service. Additional costs of reclassifi- cation for the remainder of FY84 are approximately $175, and $550 for FY85. The new salary grade will be $14,372-$18,512. Please feel free to contact me if you have any questions with regard to these reclassifications. bj4/3 $y3 ?' RESOLUTION 140. 84-104 i RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HANSEN LIND MEYER, P.C. { t WHEREAS, the City of Iowa City, Iowa, has negotiated an __Agreement with Hansen Lind Meyer, P.C. a copy of said Agreement i being attached to this Resolution and by this reference made a part hereof, ! and, WHEREAS, the City Council deems it in the public interest to enter into said Agreement with Hansen Lind Meyer for architectual and engineering services for Part I of the Iowa City Parking Study. a y 1 i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: I. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Hansen Lind Meyer 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber i Par,Sed and approved this 8th day of May 19�g. MAYOR ATTEST: CITY CLERK Revolved & Approved By Tho Legal Deparhnont �yy F IOWA CITY PARKING STUDY This Agreement, made and entered into this _&J day of , 1984, by and between the City of Iowa City, a municipal corporatio hereinafter referred to as the City, and Hansen Lind Meyer, P.C., an Iowa corporation of Iowa City, Iowa, hereinafter referred to as the Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: a. To discharge from employment or refuse to hire any individual because of race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, or creed. b. To discriminate against any individual in term, conditions, or privileges of employment because of race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, or creed. ARTICLE IL SCOPE OF SERVICES The following services to be performed by the Consultant shall consist of the following: Phase A - Investigation and Recommendation Phase Phase B - Schematic Design Phase Phase C - Design Phase Phase D - Contract Documents Phase Phase E - Bidding Phase F - Administration of Construction Contract Phase G - Additional Services of Agreement This scope of services shall define the work to be performed by the Consultant and shall include, but not necessarily be limited to, investigation and recommendation phase, schematic design, design phase, contract document phase, bidding phase, administration and additional services, all of which are further defined below: Phase A - Investigation and Recommendation Phase The following scope of services shall be included in the Investigation and Recommendation Phase: a. Coordinate work efforts with the City staff, meet regularly with the staff, prepare minutes of these meetings as well as bi-weekly progress atory utility companies, eand tother �affected governmentalcontact various land/or aprivategencies�entities as required. Upon request, participation in City or other group meetings. i Examine the internal circulation and external traffic circulation and probable cost estimates to facilitate the Capitol Street Ramp and offer at least three alternatives. Prepare ten copies of a draft report for City review. c. Examine as -built drawings and existing engineering design notes of the Dubuque Street Ramp as furnished by the City. Examine and inspect actual construction and condition of existing Dubuque Street Ramp. Determine the feasibility and number of levels which can be added either to existing structure or with independent foundations. Provide ten copies of an engineering report as to its condition and ability to withstand additional levels. d. Examine impacts of any expansion of the Dubuque Street Ramp on internal and external traffic circulation. Offer viable alternatives and improvements to facilitate circulation including the feasibility of an additional exit onto Linn Street and a spiral on adjacent Parcel 64-1a. Prepare ten copies of a Draft Report. e. Develop a construction schedule and probable construction cost with a recommended expansion or other improvements to the Dubuque Street Ramp, including a forecast of any increased operational costs. Prepare ten copies of a draft report for City's written approval on the ramp expansion and probable construction costs. f. Develop an economic analysis and evaluation report of the parking system's ability to market parking revenue bonds to finance the recommended improvements and/or expansion of both ramps. The analysis shall include a parking rate study for the entire parking system. Prepare ten copies of a financial feasibility report to be utilized in the marketing of the parking revenue bonds. Prepare ten copies of a draft report for City's written approval describing the analysis applied, alternatives developed, and recommended improvements. g. Examine the potential for a mixed-use structure (retail -office - parking, etc.) on Parcel 64-1a and potential for providing additional parking, both over Burlington Street and on the land now occupied by Firestone Tire and Pester Gas Station. This examination shall include: 1. Description and analysis of how these additions could be integrated with the existing (or expanded) Dubuque Street Ramp. 2. Assessment of impacts of these additions on internal and external traffic circulation of existing (or expanded) Dubuque Street Ramp and adjacent streets. 3. Development of preliminary construction and operational cost estimates of these additions. 4. Determination of potential to construct these additions at a later date. 5. Prepare ten copies of a draft report for City's written approval on Parcel 64-1a potential use and parking over Burlington Street and on land southerly of Burlington Street. h. Preparation and presentation of a final report to the City for written approval, said final report shall consist of all previous City approved draft reports. Submit the final report to City Manager.! Attend meetings to review and discuss the project and recommendations with the City staff, City Council, and others as required. Thirty (30) copies of the City approved final report shall be provided to the City. -2- f Phase B - Schematic Design Phase After written City authorization to proceed with the Schematic Design Phase, for final alternative as outlined in Final Report and approved by City, the Consultant will: Meet with representatives of the City to review the project and the decisions of the City based upon the Final Report of Phase A. Based on the mutually agreed upon project scope and construction budget requirements, -the Consultant shall prepare for approval by the City, Schematic Design Documents consisting of drawings (including typical elevations) and other documents illustrating the scale and relationship of project components. Such design will take into account all -previous policy decisions, the type and use of the facility, method of operation, architectural and structural requirements and site configurations as well as other factors influencing the operation of the facility. Prepare and submit ten sets of schematic specifications to be incorporated in the final contract documents. The Consultant will advise the City as to the necessity of providing or obtaining other data or services of the type described in the section entitled Additional Services of the Consultant. All preliminary designs and studies in this phase shall be closely coordinated with the City, and shall be submitted to the City for review and approval. The Consultant shall provide ten.(10) copies of a written report of his findings and recommendations. At the request of the City, the Consultant shall present the Schematic Designs to the Design Review Committee. The Consultant shall submit to the City a statement of Probable Construction Costs based on current area, volume or other unit costs. Phase C - Design Phase After written authorization to proceed with the Design Phase the Consultant will prepare. Design documents consisting of final design criteria, drawings and specifications, based on approved Schematic Design Documents. The Design Phase shall include the following: a. Design structure(s) consisting of walls, columns, stairs and elevators, entry and exit and define construction materials and textures. b. Establish lighting levels, light fixture types, all other electrical requirements, and elevator requirements. C. Design HVAC, plumbing and piping system requirements and alternatives based on code requirements. d. Design utilities, grade plan and layout plan with dimensions. e. The Consultant shall submit to the City a statement of probable construction costs. f. Preparation of final detailed contract drawings and specifications. g. The Consultant will address maintaining traffic flow in existing ramps and surrounding affected properties under construction alternatives. h. The Consultant will coordinate review of engineering drawings with Iowa -Illinois Gas and Electric, the City of Iowa City Nater Department and keye Cablevision owith nregard trol etorutility arelocation nd sand nutilityand n desig. Assist the City in coordination of project with adjacent property owners to minimize disruption. -3- 8yy The Consultant shall provide ten (10) copies of final Design documents. Phase D - Contract Documents Phase After City approval of the Design Phase and probable construction costs, the Consultant will prepare Contract Documents which will include: a. ' Notice to bidders and advertisements forbids approved by the Bonding Authority. b. Print and assemble contract documents consisting of contract drawings and specifications and the requirements of the City's affirmative action and equal opportunity program. The Consultant will coordinate with the City's Civil Rights Specialist to assure that all required non-discrimination and equal opportunity statements are acceptable. C. Prepare a construction schedule. d. Furnish the City with ten copies of the contract documents for final written approval by the City. Phase E - Bidding The Consultant shall provide the following services: a. Attend City required public hearings. b. Assist the City in securing bids, provide a list of qualified �I bidders and provide ten copies of bid documents for contractors I use. c. Tabulation and analysis of bid results and assist the City in the I� awarding of the construction contract, consistant with the public I: bidding requirements of Iowa law. d. 'Assistance in the preparation of the formal documents for the award of the contract. e. Submit documents to the City's Legal Department for final approval. Phase F - Administration of Construction Contract The Consultant will,, upon written request of the City, perform the following: a. Review shop drawings and samples, the results of tests and inspections and other data which the contractor is required to submit, but only for compliance with the information given in the contract documents, determine the acceptability of substitute materials and equipment proposed by Contractor(s), when approved by the City; and receive and review (for general content as required by the specifications) r : maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. b. The Consultant shall interpret for the City the requirements of the construction contract documents. Intepretations of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. The Consultant shall not have the authority to act on behalf of the City. The City shall be the final authority. C. Review and process applications for progress payments. Final approval of all payments shall be authorized by the City. l d. Conduct an on-site observation to determine if the project is substantially complete and a final on-site observation visit to determine if the project has been completed in accordance with the contract documents and if each contractor has fulfilled all of his obligations thereunder so that the City may approve, in writing, final payment to the contractor. -4- IN e The Consultant shall prepare a statement of acceptance on the project upon completion of construction. the City f. The Consultant shall visit the site during the eleventh month after acceptance by the city to observe the performance of the structure and report to the City any deficiencies observed. g. Make a final punch list for the City upon completion of construction on the project. _ h. The Consultant shall assist the City in Issuing instructions to the contractor and assist in preparing routine change orders as required. The City may require special inspection or testing of the work as the City and Consultant deem necessary. i i. Make periodic visits to the site (approximately three per week) to observe as an experienced and qualified design professional the progress and quality of the executed work. The Consultant shall immediately report any observed deficiencies in the contractor's performance to the City. j. The Consultant shall immediately advise the City in writing of any work which does not conform to the Contract Documents. j k. The extent of the duties, responsibilities and limitations of authority of the Consultant as the City's representative during construction shall be as specified in this agreement and shall not be modified or extended without written consent of the City and Consultant. 1. Prepare a set of reproducible contract drawings modified to reflect significant changes made during construction based on marked -up prints, drawings and other data furnished by the City. One set of nylar reproducibles of the drawings shall be provided for the City's files and use. The Consultant shall not be liable for the use of such documents on other such projects. Phase G - Additional Services of the Consultant If authorized in writing by the City, the Consultant shall furnish or obtain from others the additional services of the following types which are not considered normal or customary basic services. These will be paid for as stated in Article III General Terms and Article V, Compensation. a. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the project, preparation or review of environmental assessments and impact statements; and assistance in obtaining approvals of authorities having jurisdiction } over the anticipated environmental impact of the project. b. Providing renderings or models for the City's use. c. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) default by any contractor. d. Furnishing services or special consultants for other than the civil, structural, mechanical, and electrical engineering and architectural design incidental thereto. e. Assist the City as expert witness in litigation arising from the development or construction of the project and in hearing before various approving and regulatory agencies. — f. Preparation of operating and maintenance manuals, extensive assistance in the utilization of any equipment or system, and training personnel for operation in maintenance. g. Services resulting from substantial changes in City approved project scope or its design including, but not limited to, substantial changes in size, complexity, and revisions of previously accepted studies, reports, design documents, or contract documents when such revisions are due to causes beyond the Consultant's control. -5- 8�y h. The City may employ the services of the Consultant to provide a resident protect representative and assistants in order to provide more extensive representation at the project site during the construction phase. The duties and responsibilities and the limitations on the authority of the resident project representative and assistants will be set forth in an amendment and made part of this Agreement before such services begin. The Amendment shall include a negotiated fee for these additional services. The furnishing of such resident ' project representation will not make the Consultant responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, subject to the provisions of Article III, General Terms. ARTICLE II. TIME OF COMPLETION a. The Consultant will complete the phases of this contract within the times, indicated on Exhibit A, Critical Path Schedule. b. The Consultant's service under each phase of this contract shall be considered complete when the City has accepted the report of work under each of Phases A, B, C, and D. C. The construction phase shall commence with the award of the construction contract and shall terminate upon acceptance of the work by the City. d. If the Consultant's services cease for a period of three (3) months due to suspension of the work by the City, the Consultant shall be paid as specified in Article III(P). If such suspension extends for more than six months for reasons beyond the Consultant's control, the rates of compensation provided in this Agreement shall be subject to renegotiation. t ARTICLE IIl. GENERAL TERMS a. This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto. Provided, i however, that no assignment shall be made without the written 1 consent of all parties to said Agreement. b. It is understood and agreed that the employment of the Consultant { by the City for the purposes of said project shall be exclusive, 1 but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant i shall be responsible for the compensation, insurance and all clerical detail involving such assistance. C. It is agreed by the City that all records and files pertaining to information needed for said project shall be made available by the City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. d. No party to this Agreement shall perform contrary to any State or Federal law nor ordinances of the City. e. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use. f. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto _ where such seal is required by law. g. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows, except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment in the amount sufficient to properly complete the project in accordance with this Agreement. M. h. is effect as though severable from the part invalid. 1.` Records -of the Consultant's Direct Personnel Expenses and Reimbursable Expenses pertaining to the project, and records of accounts between the City and the Contractor shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. j. Direct Personnel Expense is defined as the direct salaries of all the Consultant's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. k. All Reimbursable outside expenses shall include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the project for the following incidental expenses listed: 1. Long distance calls and telegrams. 2. Travel expense upon written authorization by the City. r. 3. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use and duplicate sets at each phase for the City's and freview approval; and fees paid for securing approval ities t having jurisdiction over the project. 4. Fees paid by the Consultant for special consultants employed with City's approval. 1. The Consultant and the City shall have publication rights to all material produced by the Consultant and its consultants consistent with all applicable legal requirements and shall be entitled to retain reproducible copies of all work performed hereunder. i m. All documents including Drawings and Specifications prepared or the City; furnished by the Consultant shall become the property of without specificwritten verification it provided,however, radaptationbytheonsultantwl bthe City'ssole risk and t without liability or legal exposure to the Consultant. The City shall indemnify and hold harmless the Consultant from all claims, damages, loss of expenses, including attorney's fees arising out of or resulting therefrom. n. Approval by the City shall not be deemed to be an assumption of responsibility and liability by the City for any defect in.the designs, working drawings and specifications or other documents cc prepared by the Consultant, their agents, employees and other intent the that approval of subcontractors, it being the of parties the City signifies the City approval of only the general design concept of the improvements to be constructed. I, o. The Consultant shall not have control of and shall not be responsible for construction methods, sequences or procedures, or for safety precautions in connection with the work, for the acts or omissions any of the Contractor, Subcontractors or other persons performing of the work. Although the Consultant does not guarantee performance by the contractors and subcontractors, nothing in this Agreement r nor any language used ,in any contract in connection with this the Consultant from the project shall be construed as relieving obligation to perform its duties under this Agreement in a professional and competent manner. p. The City may terminate this contract upon seven (7) days written notice. if the contract is terminated, the Consultant shall be paid on the basis of work satisfactorily completed under Phases A through E, inclusive, and accepted by the City. The percentage of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Consultant. -7- Syy q. The Consultant shall attendsuch meetings relative to the work set forth in this contract as may be requested by the City. The City shall give reasonable notice of the meeting. r. The Consultant will'secure and maintain such insurance as will 'protect the Consultant from claims under workmen's compensation acts, claims for damages bee.ause of bodily injury including personal injury or death of its employees or of any person other than his 7 employees and for claim for damages because of injury to or destruction of tangible property including loss of use resulting therefrom as well as professional liability insurance. 8'Y.� s. The Construction Cost shall be the total cost or estimated cost to the City of all elements of the project designed or specified by the Consultant. The Construction Cost shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the City and any equipment which has been designed, specified, selected or specially provided for by the Consultant. Construction Cost does not include the compensation of the Consultant and the Consultant's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the City as defined in this Agreement. ARTICLE IV. CITY'S RESPONSIBILITIES a. Provide full information as to the City's requirements for the project, including City Legal staff review of documents for consistancy with Iowa law. b. Assist the Consultant by placing at his disposal, all available information pertinent to the project including previous reports and i any other data relative to the construction of the project. is c. Furnish to the Consultant legal descriptions, site survey, and other information not provided under Article I, Scope of Services of this contract. d. Guarantee access to and make all provisions for the Consultant to i enter upon public property as required to perform services under this contract. e. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time so as to not delay the services of the Consultant. f. The City shall have prime responsibility for construction inspection and give written notice to Consultant whenever City observes or otherwise becomes aware of defects in the project. Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary. h. Furnish or direct the Consultant to provide necessary additional services as stiuplated in this Agreement. i. Bear all costs incident to compliance requirements of this Section and in obtaining bids or proposals from contractors. J. The City shall furnish structural, mechanical, soils and other laboratory tests, inspections and reports during construction as required by law or the Contract Documents. ARTICLE V. COMPENSATION a. The City agrees to pay the Consultant for Phase A, paragraphs a, c, d and e, a fixed fee of $30,000.00 and for Phase A, paragraph b, a fixed fee of $5,000.00 and Phase A, paragraphs f and g, a fixed fee of $10,000.00, for a total fixed fee of $45,000.00. -8- 8'Y.� Payment due the Consultant for services performed shall be as follows:..,. . 1. For Phase A, paragraphs a, c, d and e - eighteen (18) percent for each draft report at the time of submission, with the balance payable upon City approval of the Final Report. 2. For Phase A, paragraph b - seventy (70) percent at the time of submission of the draft report and the balance payable upon City approval of the Final Report. 3. For Phase A, paragraph f and g - thirty-five (35) percent for each draft report at the time of submission for each, with the balance payable upon City approval of the Final Report. b. The fees for Phases B, C, D, E and F shall be negotiated at the completion of Phase A. For the Schematic Design Phase (Phase B) a fee of three-quarters (3/4) of one (1) percent of the construction cost is anticipated. For the Design, Contract Documents, Bidding and Administration Phases (Phases C, D, E and F), a combined total fee of three and one-quarter (3-1/4) percent to five (5) percent of construction cost is anticipated. The Consultant's billing shall not exceed the following percentages of the total fee at the end of each phase: i Phase B - Schematic Design - 20% f Phase C - Design - 60% i Phase D - Contract Documents - 2% Phase E - Bidding - 3% Phase F - Administration of Construction Contract - 15% c. The fees for Phases A, through F, inclusive, do not include reimbursable costs. The City will pay the Consultant the actual cost of all reimbursable expenses. d. Fees will be due and payable monthly for Phases A through F inclusive. Accompanying each monthly fee statement, the Consultant shall provide a short narrative describing the status of the project. e. All provisions of the Agreement where not specifically defined shall be reconciled in accordance with the highest ideals of the I' Architectural and Engineering profession. f. The Consultant shall be compensated on a basis of direct personnel expense times a multiplier of 2.50 for additional services unless a fixed fee is mutually agreed upon. Engagement of outside consultant services shall be based on actual costs times a multiplier of 1.10. g. Reimbursable outside expenses shall be paid, based on the Architect's actual expenditures, at cost. When using privately owned automobiles, costs shall be computed at twenty and one half cents per mile. ARTICLE VI TRAFFIC CONSULTANT. It is understood that the Consultant has retained the services of R.C. Rich and Associates, Inc.; 25240 Lahser Road, Southfield, Michigan 48034, to serve as the Consultant's traffic, parking, operations and economic consultant for this project. R.C. Rich and Associates will provide services covered under this agreement. Compensation for their services are covered under this agreement. - 9 - ARTICLE VI 1, ENTIRE AGREEMENT.._" 'i ` This Agreement embodies the entire agreement between the Consultant and, the City. The parties represent that, in entering into this Agreement, _they do not rely upon any previous oral or implied representation, inducements or understanding of any kind or nature. <:.Lir 11n5>.gly'j?• '. ..'. t � �°t �1.. _. .g. ... is a" ARTICLE VIII.' BENEFIT OF AGREEMENT.- -7— .,:,:,.This GREEMENT. „ S 's This Agreement isIbinding upon and shall insure to the benefit of the parties hereto and their heirs, successors, and permitted assigns. ARTICLE IX. VENUE. Venue of any suit or cause of action under this contract shall lie in Johnson County, Iowa. It is further stated that there are no other consideration or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. - 10 - 8 y' r 8 y' In witness whereof: the parties hereby have executed this Agreement in triplicate originals on this date, the ?tA day of 1984. k _rc coo Tgg rTTY ,x +' FOR NANSEN LINO MEYER P.C. an' r ayor Pr nci 1 } ATTEST: ATTEST: n i NQ*Wgd N: r".PprCVW DY iko Inva Ro'Rft F CRITICAL PATH SCHEDULE 1� I @...\ ] t. pr. ] tf diii, cAmm STRErr RAW EXHIBIT A IIOWA:;CITY PARKING STUDY Rkh & ASWIA16;1 r DL9J=87FEETRAhp pARM64-1A MLESTME3 odw TO a" cmmffmmm TWA A= tf diii, cAmm STRErr RAW EXHIBIT A IIOWA:;CITY PARKING STUDY Rkh & ASWIA16;1 City of Iowa CIle MEMORANDUM Date: May 2, 1984 To: City Council and City Manager From: ohn Lundell, Transportation Planner Re: Parking Study Consultant Selection On Monday, April 16, the City received six proposals from architectural and engineering firms interested in assisting the City with Part I of the downtown parking study. As you are already aware, the major components of Part I are an examination of circulation in and around both the Capitol and Dubuque Street Parking Ramps along with the design of additional levels to the Dubuque Street facility. The six proposals were from the following teams: 1. Barton -Ashman Associates, Inc.; Evanston, Illinois (Prime) Neumann -Monson Architects; Iowa City Jack C. Miller and Associates; Cedar Rapids 2. Brice, Petrides, and Associates; Waterloo (Prime) Wehner, Nowysz, Pattschull, and Pfiffner; Iowa City B & B.Engineering Services; Iowa_ City 3. Hansen Lind Meyer; Iowa City (Prime) R. C. Rich and Associates, Inc.; Southfield, Michigan 4. Johnson, Brickell, Mulcahy, and Associates, Inc.; Des Moines (Prime) Howard R. Green Co.; Cedar Rapids RTKL Associates, Inc.; Dallas, Texas 5. Olson, Popa, Novak Architects; Marion (Prime) Walker Parking Consultants; Minneapolis Gene Gessner, Inc.; Iowa City PCM, Inc.; Grand Island, New York 6. Shive-Hattery Engineers; Iowa City (Prime) Metro Transportation Group; Bloomingdale, Illinois Walker and Cagley; Kalamazoo, Michigan Thomas Hodne Architects, Inc.; Minneapolis Prior to receiving the proposals, the staff developed a system of weights to assign each item in the questionnaire portion of the City's Request for Proposal. This methodology allowed the City to weigh more heavily those areas which were of greatest importance such as previous experience and project scheduling. Attached to this memo is a copy of the weighting system. $yl Page 2 A committee composed of the City Manager, Assistant City Manager, Public Works Director, Finance Director, Parking Superintendent, Transportation Planner and Assistant Transportation Planner independently scored each of the six proposals using this weighting system. On Monday, April 23, this committee met to compare evaluations and select three firms to interview. The combined scoring was as follows: 1. Hansen Lind Meyer - 479 points. 2. Olson, Papa, Novak - 433.5 points. 3. Shive-Hattery - 404 points. 4. Barton -Ashman - 385 points. 5. Johnson, Brickell, Mulcahy - 366.5 points. 6. Brice, Petrides - 358 points. Based on these scores, Hansen Lind Meyer; Olson, Papa, Novak; and Shive- Hattery were selected for interviews. Each of these firms were provided a list of seven items the City requested responses to in the interviews. Attached is a copy of the letter sent to each firm outlining these seven items. The three interviews were conducted Thursday, April 26 by the previously identified City staff. Based on both the written proposals and interview responses, the committee unanimously recommends to the City Council that the team headed by Hansen Lind Meyer be awarded the parking study con- tract. This team has a vast amount of parking study and design experience along with an acceptable project timetable. Attached to this memo is a copy of the Critical Path Schedule developed by Hansen Lind Meyer for this project. Included on your May 8 Council agenda is an item awarding this contract to Hansen Lind Meyer. The City staff and consultant spent considerable time preparing this contract which is included in the Council packet for your approval. I Thank you and I will be present at your informal meeting on May 7 to answer any questions you may have. cc: Don Schmeiser, Director bc3 RZ : ■ ! Revised 4/9/84 `3/13/84 John Lundell IOWA CITY PARKING STUDY RFP Evaluation Weights 1. Qualifications of Project Manager (P.M.) - (7.5 pts. max.) - P.M. licensed + experienced - 2.5 pts. - P.M.'s office location - 5.0 pts. -(Iowa City/Coralville - 5 pts. 7.5 pts. (2 hour radius - 3 pts. (5 hour.radius - 1 pt. (>5 hour radius - 0 Pt. 2. Qualifications of other professionals = (5 pts. max.) - broad range of licensed + experienced skills 3. Team Members - (7.5 pts. max.) - broad representation of skills - 4.5 pts. (architectural (engineering (parking analysis (financial analysis - MBE/WBE members - 3.0 pts. 7.5 pts. 4. Has team worked together before? (5 pts. max.) - yes, all have - 5 pts. - yes, some have- 1-4 pts. - no, none have - 0 pts. 5. Previous projects past 3 years (5 pts. max.) - size of project - type of project 6. Previous projects of similar nature -(7.5 pts. max.) - size of project - similarity to I.C.'s project (additional levels) - Accuracy of construction estimates 7. Design Approach (7.5 pts. max.) - involvement of each team member - involvement of staff, council, parking committee - alternative generation U I 8. Timetable (10 pts. max.) - timely completion of analysis of both ramps " " design alternatives It 11 construction documents 9. Experience studying internal/external circulation (10 pts. max.) - size of project - study plus implementation? 10. Experience studying CBD parking. needs, (inc. mixed-use) (10 pts. max.) - size of community - type of mixed use - study plus implementation? 11. Experience preparing financial feasibility report? (10 pts. max.) - size of project (examination of entire parking system?) - accuracy Total 85 pts. max. 1O CITY OF IOW; CITY CMC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CO0 April 23, 1984 Mr. Robert J. Dellitt Shive-Hattery Engineers P.O. Box 1050 Iowa City, Iowa 52244 Re: Iowa City Parking Study SAine 1,,&P., sec E -Eo Dlso,,,, Polm, AlotvAk 114A.J_ Dear Bob: As we discussed over the phone, your parking study team was one of three selected for an interview. These interviews are scheduled for 30 minutes each and therefore the City requests only responses to the specific questions listed below. In addition, please provide written responses to these questions either at the interview or no later than 5:00 PM, Friday, April 27. 1. Assuming the. City Council authorizes the consultant contract at their May 8th meeting, identify specific dates for the completion of the various tasks involved with the study. Obviously, timely completion of the study is of utmost importance to the City and the timetable will be included as part of the contract. 2. Identify the individuals who will be responsible for the structural analysis of the existing Dubuque Street Ramp and list what specific- ally will be included in the structural analysis. The contract will call for the preparation of a report by the consultant describing the analysis and results. 3. List the specific responsibilities of each of your team members in this study. These responsibilities will be included in the contract. 4. Describe the process you intend to use in order to maintain effective interaction and coordination between the various team members. 5. Briefly describe the various alternatives you will likely evaluate. 6. Identify current or recently completed relevant projects of each team member along with the estimated construction cost. 7. Provide a "ballpark" cost estimate for the completion of the study by your team. IM i Mr. OeNitt April 23, 1984 Page 2 Thank you for your interest in our study and please feel free to contact me with any questions or comments. /ohn rely -G'rY A. Lundell Transportation Planner tpl/6 cc: Neal Berlin, City Manager 9YY CRITICAL PATH SCHEDULE IOWA CITY PARKING STUDY WESTONES KIR TO CITY CRY INPUT REO{.IRM 7 TARN NLWM EXHIBIT A Hanson Lind Moyer Rich 6 Associates City of Iowa Ci! MEMORANDUM Date: May 4, 1984 To: City Council From: Assistant City Manager (Ziq Re: Parking Study Agreement Attached is a draft agreement between the City and HLM for the Parking Study - Phase I. This draft is SUBJECT TO REVIEW AND APPROVAL BY THE CITY LEGAL DEPARTMENT. It is being provided now so that you may have adequate time to review it prior to discussion of this study at your informal meeting on Monday, May 7, 1984. If any revisions are necessary, you will receive a finalized copy at your informal meeting. bc5 M AGREEMENT DRAFT IOWA CITY PARKING STUDY This Agreement, made and entered into this day of 1984, by and between the City of Iowa City, a mun%ipal corpora[ on, hereinafter referred to as the City, and Hansen Lind Meyer, P.C., an Iowa corporation of Iowa City, Iowa, hereinafter referred to as the Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: a. To discharge from employment or refuse to hire any individual because of race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, or creed. b. To discriminate against any individual in term, conditions, or privileges of employment because of race, color, religion, sex. .national origin, age, disability, marital status, sexual orientation, or creed. ARTICLE i SCOPE OF SERVICES The following services to be performed by the Consultant shall consist of the following: Phase A - Investigation and Recommendation Phase Phase B - Schematic Design Phase Phase C - Design Phase Phase D - Contract Documents Phase Phase E - Bidding Phase F - Administration of Construction Contract Phase G - Additional Services of Agreement This scope of services shall define the work to be performed by the Consultant and shall include, but not necessarily be limited to, investigation and recommendation phase, schematic design, design phase, contract document phase, bidding phase, administration and additional services, all of which are further defined below: Phase A - Investigation and Recommendation Phase The following scope of services shall be included in the Investigation and Recommendation Phase: a. Coordinate work efforts with the City staff, meet regularly with the staff, prepare minutes of these meetings as well as bi-weekly progress reports and, contact various regulatory agencies, utility companies, and other affected governmental and/or private entities as required. Upon request, participation in City or other group meetings. M5 ■ b C. ER e. f 9• h. DRAFT Examine the internal circulation and external traffic circulation and probable cost estimates to facilitate the Capitol Street Ramp and offer at least three alternatives. Prepare ten copies of a draft report for City review. Examine as -built drawings and existing engineering design notes of the Dubuque Street Ramp as furnished by the City. Examine and inspect actual construction and condition of existing Dubuque Street Ramp. Determine the feasibility and number of levels which can be added either to existing structure or with independent foundations. Provide ten copies of an engineering report as to Its condition and ability to withstand additional levels. Examine impacts of any expansion of the Dubuque Street Ramp on internal and external traffic circulation. Offer viable alternatives and improvements to facilitate circulation including the feasibility of an additional exit onto Linn Street and a spiral on adjacent Parcel 64-1a. Prepare ten copies of a Draft Report. Develop a construction schedule and probable construction cost with a recommended expansion or other improvements to the Dubuque Street Ramp, including a forecast of any increased operational costs. Prepare ten copies of a draft report for City's written approval on the ramp expansion and probable construction costs. Develop an economic analysis and evaluation report of the parking system's ability to market parking revenue bonds to finance the recommended improvements and/or expansion of both ramps. The analysis shall include a parking rate study for the entire parking system. Prepare ten copies of a financial feasibility report to be utilized in themarketing of the parking revenue bonds. Prepare ten copies of a draft report for City's written approval describing the analysis applied, alternatives developed, and recommended improvements. Examine the potential for a mixed-use structure (retail -office - parking, etc.) on Parcel 64-1a and potential for providing additional parking, both over Burlington Street and on the land now occupied by Firestone Tire and Pester Gas Station. This examination shall include: 1. Description and analysis of how these additions could be integrated with the existing (or expanded) Dubuque Street Ramp. 2. Assessment of impacts of these additions on internal and external traffic circulation of existing (or expanded) Dubuque Street Ramp and adjacent streets. 3. Development of preliminary construction and operational cost estimates of these additions. 4. Determination of potential to construct these additions at a later date. 5. Prepare ten copies of a draft report for City's written approval on Parcel 64-1a potential use and parking over Burlington Street and on land southerly of Burlington Street. Preparation and presentation of a final report to the City for written approval, said final report shall consist of all previous City approved draft reports. Submit the final report to City Manager. Attend meetings to review and discuss the project and recommendations with the City staff, City Council, and others as required. Thirty (3U) copies of the City approved final report shall be provided to the City. -2- 13yy DRAFT Phase B - Schematic Desian Phase After written City authorization to proceed with the Schematic Design Phase, for final alternative as outlined in Final Report and approved by City, the Consultant will: Meet with representatives of the City to review the project and the decisions of the City based upon the Final Report of Phase A. Based on the mutually agreed upon project scope and construction budget requirements, the Consultant shall prepare for approval by the City, Schematic Design Documents consisting of drawings (including typical elevations) and other documents illustrating the scale and relationship of project components. Such design will take into account all previous policy decisions, the type and use of the facility, method of operation, architectural and structural requirements and site configurations as well as other factors influencing the operation of the facility. Prepare and submit ten sets of schematic specifications to be incorporated in the final contract documents. The Consultant will advise the City as to the necessity of providing or obtaining other data or services of the type described in the section entitled Additional Services of the Consultant. All preliminary designs and studies in this phase shall be closely coordinated with the City, and shall be submitted to the City for review and approval. The Consultant shall provide ten (10) copies of a written report of his findings and recommendations. At the request of the City, the Consultant shall present the Schematic Designs to the Design Review Committee. I The Consultant shall submit to the City a statement of Probable Construction Costs based on current area, volume or other unit costs. Phase C - Design Phase After written authorization to proceed with the Design Phase the Consultant will prepare Design documents consisting of final design criteria, drawings and specifications, based on approved Schematic Design Documents. The Design Phase shall include the following: a. Design structure(s) consisting of walls, columns, stairs and elevators, entry and exit and define construction materials and textures. b. Establish lighting levels, light fixture types, all other electrical requirements, and elevator requirements. c. Design HVAC, plumbing and piping system requirements and alternatives based on code requirements. d. Design utilities, grade plan and layout plan with dimensions. e. The Consultant shall submit to the City a statement of probable construction costs. f. Preparation of final detailed contract drawings and specifications. g. The Consultant will address maintaining traffic flow in existing ramps and surrounding affected properties under construction alternatives. h. The Consultant will coordinate review of engineering drawings with Iowa -Illinois Gas and Electric, the City of Iowa City Nater Department and Pollution Control Department, and Northwestern Bell, and Hawkeye Cablevision with regard to utility relocation and utility design. Assist the City to coordination of project with adjacent property owners to minimize disruption. -3- Byy DRAFT The Consultant shall provide ten (10) copies of final Design documents. Phase 0 - Contract Documents Phase After City approval of the Design Phase and probable construction costs, the Consultant will prepare Contract Documents which will include: a. Notice to bidders and advertisements for bids approved by the Bonding Authority. It. Print and assemble contract documents consisting of contract drawings and specifications and the requirements of the City's affirmative action and equal opportunity program. The Consultant will coordinate with the City's Civil Rights Specialist to assure that all required non-discrimination and equal opportunity statements are acceptable. C. Prepare a construction schedule. d. Furnish the City with ten copies of the contract documents for final written approval by the City. Phase E - Biddinq ... The Consultant shall provide the following services: a. Attend City required public hearings. b. Assist the City in securing bids, provide a list of qualified bidders and provide ten copies of bid documents for contractors' i use. c. Tabulation and analysis of bid results and assist the City in the awarding of the construction contract, consistant with the public bidding requirements of Iowa law. d. Assistance in the preparation of the formal documents for the award of the contract. e. Submit documents to the City's Legal Department for final approval. Phase F - Administration of Construction Contract The Consultant will, upon written request of the City, perform the following: a. Review shop drawings and samples, the results of tests and inspections and other data which the contractor is required to submit, but only for compliance with the information given in the contract documents, determine the acceptability of substitute materials and equipment proposed by Contractor(s), when approved by the City; and receive and review (for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. b. The Consultant shall interpret for the City the requirements of the construction contract documents. Intepretations of the Consultant shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. The Consultant shall not have the authority to act on behalf of the City. The City shall be the final authority. C. Review and process applications for progress payments. Final approval of all payments shall be authorized by the City. d. Conduct an on-site observation to determine if the project 1s substantially complete and a final on-site observation visit to determine if the project has been completed in accordance with the contract documents and if each contractor has fulfilled all of his obligations thereunder so that the City may approve, in writing, final payment to the contractor. -4- gyy I r-_ DRAFT e. The Consultant shall prepare a statement of acceptance for the City on the project upon completion of construction. f. The Consultant shall visit the site during the eleventh month after acceptance by the city to observe the performance of the structure and report to the City any deficiencies observed. g. Make a final punch list for the City upon completion of construction on the project. h. The Consultant shall assist the City in Issuing instructions to the contractor and assist to preparing routine change orders as required. The City may require special inspection or testing of the work as the City and Consultant deem necessary. I. Make periodic visits to the site (approximately three per week) to observe as an experienced and qualified design professional the progress and quality of the executed work. The Consultant shall immediately report any observed deficiencies in the contractor's performance to the City. J. The Consultant shall immediately advise the City in writing of any work which does not conform to the Contract Documents. k. The extent of the duties, responsibilities and limitations of authority of the Consultant as the City's representative during construction shall be as specified in this agreement and shall not be modified or extended without written consent of the City and Consultant. I. Prepare a set of reproducible contract drawings modified to reflect significant changes made during construction based an marked -up prints, drawings and other data furnished by the City. One set of mylar reproduclbles of the drawings shall be provided for the City's files and use. The Consultant shall not be liable for the use of such documents on other such projects. Phase G - Additional Services of the Consultant If authorized in writing by the City, the Consultant shall furnish or obtain from others the additional services of the following types which are not considered normal or customary basic services. These will be paid for as stated in Article IV General Services and Article IV, Compenation. a. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the project, preparation or review of environmental assessments and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project. b. Providing renderings or models for the City's use. c. Additional or extended services during construction madenecessary by (1) work damaged by fire or other cause during construct) on .(2) default by any contractor. d. Furnishing services or special consultants for other than the civil, structural, mechanical, and electrical engineering and architectural design incidental thereto. e. Assist the City as expert witness in litigation arising from the development or construction of the project and in hearing before various approving and regulatory agencies. f. Preparation of operating and maintenance manuals, extensive assistance in the utilization of any equipment or system, and training personnel for operation in maintenance. g. Services resulting from substantial changes in City approved project scope or its design including, but notlimited to, substantial changes in size, complexity, and re vis tons of previously accepted studies, reports, design documents, or contract documents when such revlsI ons are due to causes beyond the Consultant's control. -5- M DRAFT In. The City may employ the services of the Consultant to provide a resident project representative and assistants in order to provide more extensive representation at the project site during the construction phase. The duties and responsibilities and the limitations on the authority of the resident project representative and assistants will be set forth in an amendment and made part of this Agreement before such services begin. The Amendment .shall include a negotiated fee for these additional services. The furnishing of such resident project representation will not make the Consultant responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, subject to the provisions of Article IV, General Terms. ARTICLE 11. TIME OF COMPLETION a. The Consultant will complete the phases of this contract within the times, indicated on Exhibit A, Critical Path Schedule. b. The Consultant's service under each phase of this contract shall be considered complete when the City has accepted the report of work under each of Phases A, B, C, and O. C. The construction phase shall commence with the award of the construction contract and shall terminate upon acceptance of the work by the City. d. If the Consultant's services cease for a period of three (3) months due to suspension of the work by the City, the Consultant shall be paid as specified in Article IV(P). If such suspension extends for more than six months for reasons beyond the Consultant's control, the rates of compensation provided in this Agreement shall be subject to renegotiation. ARTICLE III. GENERAL TERMS a. This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto. Provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. b. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involving such assistance. C. It is agreed by the City that all records and files pertaining to information needed for said project shall be made available by the City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. d. No party to this Agreement shall perform contrary to any State or Federal law nor ordinances of the City. e. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City copies of all basic notes and sketches, charts, computations and any other dataprepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use. f. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. g. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows, except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment in the amount sufficient to properly complete the project in accordance with this Agreement. G. . 11 syv DRAFT h. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. I. Records of the Consultant's Direct Personnel Expenses and Reimbursable Expenses pertaining to the project, and records of accounts between the City and the Contractor shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. J. Direct Personnel Expense is defined as the direct salaries of all the Consultant's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. k. All Reimbursable outside expenses shall include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the project for the following incidental expenses listed: 1. Long distance calls and telegrams. 2. Travel expense upon written authorization by the City. 7. Expense of reproduction, postageand handling of Drawings and Specifications, excluding copies for Consultant's office use and duplicate sets at each phase for the City's review and approval; and fees paid for securing approval of authorities having jurisdiction over the project. 4. Fees paid by the Consultant for special consultants employed with City's approval. 1. The Consultant and the City shall have publication rights to all material produced by the Consultant and its consultants consistent with all applicable legal requirements and shall be entitled to retain reproducible copies of all work performed hereunder. M. All documents including Drawings and Specifications prepared or furnished by the Consultant shall become the property of the City; provided, however, any reuse without specific written verification or adaptation by the Consultant will be the City's sole risk and without liability or legal exposure to the Consultant. The City shall indemnify and hold harmless the Consultant from all claims, damages, loss of expenses, including attorney's fees arising out of or resulting therefrom. n. Approval by the City shall not be deemed to be an assumption of responsibility and liability by the City for any defect in the designs, working drawings and specifications or other documents prepared by the Consultant, their agents, employees and other subcontractors, it being the intent of the parties that approval of the City signifies the City approval of only the general design concept of the improvements to be constructed. o. The Consultant shall not have control of and shall not be responsible for construction methods, sequences or procedures, or for safety precautions in connection with the work, for the acts or omissions of the Contractor, Subcontractors or other persons performing any of the work. Although the Consultant does not guarantee performance by the contractors and subcontractors, nothing in this Agreement nor any language used in any contract in connection with this project shall be construed as relieving the Consultant from the obligation to perform its duties under this Agreement in a professional and competent manner. P. The City may terminate this contract upon seven (7) days written notice. If the contract is terminated, the Consultant shall be paid on the basis of work satisfactorily completed under Phases A through E. inclusive, and accepted by the City. The percentage of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Consultant. 7- gyy DRAFT q. The Consultant shall attend such meetings relative to the work set forth in this contract as may be requested by the City. The City shall give reasonable notice of the meeting. r. The Consultant will secure and maintain such insurance as will protect the Consultant from claims under workmen's compensation acts, claims for damages because of bodily injury including personal injury or death of its employees or of any person other than his - employees and for claim for damages because of injury to or destruction of tangible property including loss of use resulting therefrom as well as professional liability insurance. s. The Construction Cost shall be the total cost or estimated cost to the City of all elements of the project designed or specified by the Consultant. The Construction Cost shall include at current market rates, Including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the City and any equipment which has been designed, specified, selected or specially provided for by the Consultant. Construction Cost does not include the compensation of the Consultant and the Consultant's consultants, the cost of the land, rights-of-way, or other costs . which are the responsibility of the City as defined in this Agreement. ARTICLE IV. CITY'S RESPONSIBILITIES I a. Provide full information as to the City's requirements for the project, including City Legal staff review of documents for consistency, with Iowa law. b. Assist the Consultant by placing at his disposal, all available information pertinent to the project including previous reports and - any other data relative to the construction of the project. c. Furnish to the Consultant legal descriptions, site survey, and _ other information not provided under Article I, Scope of Services of this contract. d. Guarantee access to and make all provisions for the Consultant to enter upon public property as required to perform services under this contract. e. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time so as to not delay the services of the Consultant. f. The City shall have prime responsibility for construction inspection and give written notice to Consultant whenever City observes or otherwise becomes aware of defects in the project. g. Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary. h. Furnish or direct the Consultant to provide necessary additional services as stiuplated in this Agreement. I. Bear all costs incident to compliance requirements of this Section and in obtaining bids or proposals from contractors. J. The City shall furnish structural, mechanical, soils and other laboratory tests, inspections and reports during construction as required by law or the Contract Documents. ARTICLE V. COMPENSATION a. The City agrees to pay the Consultant for Phase A, paragraphs a, c, d and e, a fixed fee of $30,000.OU and for Phase A, paragraph b, a fixed fee of $5,000.00 and Phase A, paragraphs f and g, a fixed fee of SIU,000.00, for a total fixed fee of $45,000.00. -s - ■ ■ Payment due the Consultant for services performed shall be as follows: 1. For Phase A, paragraphs a, c, d and e - eighteen (18) percent for each draft report at the time of submission, with the balance payable upon City approval of the Final Report. 2. For Phase A, paragraph b - seventy (10) percent at the time of submission of the draft report and the balance payable upon City approval of the Final Report. 3. For Phase A. paragraph f and g - thirty-five (35) percent for each draft report at the time of submission for each, with the balance payable upon City approval of the Final Report. It. The fees for Phases B. C. 0, E and F shall be negotiated at the completion of Phase A. For the Schematic Design Phase (Phase B) a fee of three-quarters (3/4) of one (1) percent of the construction cost is anticipated. For the Design, Contract Documents, Bidding and Administration Phases (Phases C. 0, E and F), a combined total fee of three and one-quarter (3-1/4) percent to five (5) percent of construction cost is anticipated. The Consultant's billing shall not exceed the following percentages of the total fee at the end of each phase: Phase B - Schematic Design - 20% Phase C - Design - 6U% Phase D - Contract Documents - 2% Phase E - Bidding - 3% Phase F - Administration of Construction Contract - 15% c. The fees for Phases A, through F, inclusive, do not include reimbursable costs. The City will pay the Consultant the actual cost of all reimbursable expenses. d. Fees will be due and payable monthly for Phases A through F inclusive. Accompanying each monthly fee statement, the Consultant shall provide a short narrative describing the status of the project. e. All provisions of the Agreement where not specifically defined shall be reconciled in accordance with the highest ideals of the Architectural and Engineering profession. f. The Consultant shall be compensated on a basis of direct personnel expense times a multiplier of 2.50 for additional services unless a fixed fee is mutually agreed upon. Engagement of outside consultant services shall be based on actual costs times a multiplier of 1.10. g. Reimbursable outside expenses shall be paid, based on the Architect's actual expenditures, at cost. When using privately owned automobiles, casts shall be computed at twenty and one half cents per mile. ARTICLE VI TRAFFIC CONSULTANT. It is understood that the Consultant has retained the services of R.L. Rich and Associates, Inc.; 25240 Laaser Road, Southfield, Michigan 48034, to serve as the Consultant's traffic, parking, operations and economic consultant for this project. R.C. Rich and Associates will provide services covered under this agreement. Compensation for their services are covered under this agreement. -g- M9 ■ DRAFT ARTICLE VII. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the Consultant and the City. The parties represent that, in entering into this Agreement, they do not rely upon any previous oral or implied representation, inducements or understanding of any kind or nature. ARTICLE VIII. BENEFIT OF AGREEMENT. This Agreement is binding upon and shall insure to the benefit of the parties hereto and their heirs, successors, and permitted assigns. ARTICLE IX. VENUE. Venue of any suit or cause of action under this contract shall lie in Johnson County, Iowa. It is further stated that there are no other consideration or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. - 10 - i i I i r I I a . j t 8vy DRAFT in witness whereof; the parties hereby have executed this Agreement in triplicate originals on this date, the _ day of , 1984. FOR THE CITY: FOR HANSEN LINO MEYER, P.C. 1 `.J ;' is •. '�•, p :JI. �.{•-�3 CRITICAL PATH SCHEDULE'' �� I .r, I ..r I Ir .r .r .r. .r .r. Ir '.r.' ...f• _, ,_ ,_ ._ Ir ,_ ._ .r. 1.. oluuO BNEETRAW FAMM64-1A ,YI....I IOWA CITY PARKING STUDY EXHIBIT A I wnm"M 1 i