HomeMy WebLinkAbout1974-07-16 Resolutionare now on file in the Office of the City Clerk, and
WHEREAS, notice of this Resolution of Necessity was duly published as
required by law, and
written
WHEREAS, the following/objections have been filed to said Resolution of
Necessity,
None
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1) That it is deemed advisable and necessary to construct
certain
street
alleys,
improvements, hereinafter described on the following streets,
or portions thereof, within the City of Iowa City, Iowa, to -wit:
a. Iowa Avenue - Maidson St. to Riverside Dr.
b. Kimball Road - Whiting Ave. to North Governor
C. Jefferson Street - Dubuque St. to Gilbert
d. Washington Street - Van Buren'to Muscatine
e. Market Stree'.: - Dodge to Dubuque
f. Oakland Avenue - Sheridan Ave. to Court Street
g. Melrose Avenue — Rock Island Railroad bridge to Byington Rd.
h. Dodge Street - North Governor to Burlington
2) The type of improvement will be as above set out.
3) The method of construction will be by contract.
4) The cost of the improvement shall be paid for h-* in cash from such funds
of the City a a d o such ur ose .
it was moved by Brandt and seconded by White
Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
X Czarnecki
X Davidsen
X deProsse
White
Passed and approved this 16th day of July , 19 74
- (nrY S
Mayor Pro Tem
ATTEST:.t- �
City Cler
that the
WHEREAS, on the 25th day of June 19 74 plans, specifications
and form of contract were filed with the City Clerk of Iowa City, Iowa, for the construc-
tion of the 1974 Asphalt Resurfacing Program
within the City of Iowa City, Iowa; and
WHEREAS, notice of hearing on plans, specifications and form of contract was
published as required by law:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That the said plana, specifications and form of contract are hereby approved as
the plans, specification• and form of contract for said 1974 Asphalt Resurfacing
Pro ram.
It was moved by n,-@s,Jit and seconded by White that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYES; ABSENT;
Brandt g
Czarnecki g
Davidsen X
deProsse X
White g
Passed and approved this. i 6th day of July 1974
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITYO IOWA:
That the bid
In the amount of $
within the City of Iowa City,
of
construction of the
ribed in the plans and specifications
heretofore adopted by this Council on July 2 19 74 be and is
rejected
herebyaacrmpd, the same being/thy} lowest responsible bid received for said
work. //
` reject
The Mayor and City Clerk are hereby directed to JJ&M)i a contract with the
sa id
for said Civic Center E
of
rking Facility E'Koject
be binding on the City/until approved by
It was moved by
the resolution as
and
be adopted, and upon
AYES: NAYS:
Council.
said contract not to
by that
1 call there were:
Brandt /
}egg avi sen
Czarnecki 1
g t"N deFrosse
White
i
Passed and approved this day of , 19
I
Mayor
ATTEST;
City Clerk
N -3A
4 J^
` l • t
NOTICE: TO `BI'DDERS..
FOR THE CONSTRUCTION OF THE CIVIC CENTER'PARKING FACILITY
AND WORK INCIDENTAL THERETO IN7AND'"FOR THE CITY,. OF IOWA
CITY, IOWA
Sealed proposals will be-received by the City Manager or h.is .
authorized representative of the*,
he City of'Iowa City, Iowa.,, until
10:00 a.m. on the llth day of '.July , 1974
and opened immediatelythe Proposals will be acted upon by
the City Council at a meeting,to be held in the Council Chambers at
7:30 p.m. on July 16, 1974 , or at such later
time and'place as may;thenbe:fixed
The proposed construction will'consist.of the reconstruction of the parking
area north and east of the Civic.Center including Portland Cement curb and gutter,
asphaltic concrete surface, sidewalk, lightin'grand other incidental facilities.
The kinds of materials and estimated quantities are as follows:.
820 tons 4" A/C Base Course
270 tons 2" A/C Surface Course
23955 sq. ft. 4" P/C Sidewalk
1,830 lin ft' P/C Curb and Gutter, 24"
49S lin ft P/C Curb, 6" x 18"
440 sq yd Pavement Removal'
2,530 sq ft Sidewalk Removal
250 lin ft Saw Cut
2,015 lin ft Electric Cable, l/C #6
1,695 lin ft Electric Cable, 1/C #8
7 each Light Pole w/1 Lamp
S each Light Pole w/2 Lamp
12 each Concrete Pole Base
1,215 lin ft Galvanized Steel Conduit, 2" Diameter
Lump sum Relocate Existing Service $ Control
lump sum Rebuild Inlet
A-1
All workis,'to}be done,in•strict compliance. with the plans and
specifications ,prepared by :::Geoff e. R: 'Bonnett' Cit Engineer.
of Iowa City, Iowa,:which have ereto ore" een"approve y t e` ity
Council, and are on file for public- .examination .in the.Office of the:
City Clerk. _
Wherever reference is made to the.specification in the plans or
contract proposal., it shall be understood to include the "Standard
Specifications for Construction on Primary, Farm to Market, and
Secondary Roads and Maintenance Work on the Primary Road System",
Series of 1972, Iowa State Highway Commission.
Each proposal shall be made'on a form furnished by the City
and must be accompanied by 'a check drawn on, and certified by, an Iowa
Bank and filed in a -sealed en'velope-separate from the one containing
the proposal, and in. the amount:.of $ 5,000.00 made payable.to the
City Treasurer of the City of Iowa Cites y,__Towa, and may be cashed by
the Treasurer of the City of -Iowa City, -„Iowa, as liquidated damages
in the event the successful`.bidder fails 'to'enter into a contract
within ten (10) daysandpost-bond satisfactory to the City insuring.the
faithful performance of the contract.,"Checks of the lowest two or.more-
bidders may be retained for,.a period of .not to exceed fifteen (15) days
until a contract is awarded or -rejection -made. Other checks will be -
returned after the canvass and tabulation of bids is completed and re-
ported to the City Council.
Payment to the Contractor will be made in cash from such funds
of the City that may be legally used for such purposes on the basis
of monthly estimates in amounts equal to ninety percent (90%) of the
work accomplished as outlined in "Method of Payment!..
By virtue of statutory authority.; preference will be given to
products and provisions grown.and coal produced within the State of
Iowa, and preference will be given to Iowa domestic labor in the con-
struction of the improvement.
The successful bidder will -be required to furnish a bond in an
amount equal to one hundred percent (100%) of the contract price, said
bond to be issued by a responsible surety approved by the City Council
and shall guarantee the prompt.payment of all materials and labor and
protect and save harmless the City from claims and damages of any kind
caused by the operation ofthe contract, and shall also guarantee the
maintenance of the improvement for a period of five (S) years from
and after its completion and acceptance by the ity.
The work under the proposed contract will be commenced within
ten (10) days after signing. of the contract and shall be
completed October 31, 1974
The plans and specifications governing the construction of the
proposed improvements have been prepared by George R. Bonnett P.E.
City Engineer of Iowa City, Iowa, whicft plans and speci-
fications, also prior proceedings of the City Council referring to and
defining said proposed improvements are hereby made a part of this notice
by reference and the proposed contract shall be executed in compliance
therewith.
N -4B
M _
The plans, spe:fications and'proposed contract: documents may
be examined at the- Office'of the Ci.tyClerk Copies of the said plans
and specifications and, form `of proposal blanks"may b`e'se'cured 'at `the
Office of the City Engineer
of Iowa City, Iowa, by ona i e i ers-upon payment Of twenty-five
dollars ($25.00 ) which will be returnable to the bidders provided
the plans and specifications are returned to the City Engineer's
Office in good condition within fifteen (15) days after the opening of
bids.
The City reserves the right to reject any or all proposals and
to waive technicalities and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
City Clerk of Iowa City, Iowa
RESOLUTION NO. 74-271
RESOLUTION DIRECTING ENGINEER TO PREPARE
DETAILED PLANS & SPECIFICATIONS AND
DIRECTING ATTORNEY TO PREPARE FORM OF
CONTRACT AND NOTICE TO BIDDERS ON THE
CIVIC CENTER PARKING FACILITY PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That George Bonnett , City Engineer is hereby ordered
and directed to prepare and file w :.he Clerk detailed plans
and specifications for the constru.:cion of the
BE IT FURTHER RESOLVED that the Attorney is hereby ordered
and directed to prepare and file with the Clerk a Notice to
Bidders and form of contract for the construction of the
It was moved by White and seconded by Brandt
that the Resolution as read be adopted, and upon roll cal
there were:
AYES: NAYS: ABSENT:
X Brandt
g tSfi iSIX Davidsen
X Czarnecki
gdeProsse
g White
PASSED AND APPROVED, this 16th day of July ,
19 74 .
Mayor Pro Tem
ATTEST: I�Zae_z_�
City Clerk
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That the construction of
CIVIC CENTER PARKING FACILITY PROJECT
is hereby ordered to be constructed.
BE IT FURTHER RESOLVED that the detailed plans and
prepared by City Engineer George Bonnett
for the construction of said Civic Center Parking
specifications as
for the City of. Iowa City, Iowa, and the form of
contract and Notice to Bidders, as prepared by the City Attorney, be and the
same are hereby approved, and are hereby ordered placed on file in the office
of the City Clerk for public inspection.
BE IT FURTHER RESOLVED, that the amount of the check to accompany each bid
s Xj[X�}q}{XWXXXXXMXXQMXDERXMXX XXxomXXh XX• shall be $5000.00.
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to adver-
tise for bids for the construction of said improvements, bids to be received
by the City Manager in behalf of the City Council of the City of Iowa City,
Iowa, up to 10:00 o'clock A.M. on the 8thay of August ,19 74, and
to be opened by the City Manager at a public meeting to be presided over by him
at that time, and thereupon referred to the City Council for action upon said
bids at a meeting to be held at the Council Chambers, Civic Center, Iowa C4--Ly,
s
Iowa, on the t,2_ day of August ,19 74 , at 4:00__—o'clock P.M. Notice
to Bidders is to be published once each week for two consecutive weeks in
the Iowa City Press -Citizen, a legal newspaper, printed wholly in the English
language, the first publication to be not less than fifteen clear days prior
to the date fixed for said letting. In the absence of the City Manager said bid
opening may be conducted by any city official to whom such power has been
delegated by Ordinance.
BE IT FURTHER RESOLVED, that the Council hold a public hearing on the
matter of the adoption of proposed plans, specifications and form of contract
for the making of said improvements, which documents are now on file in the
office of the City Clerk, said hearing to be held at the place last above
mentioned on the 6th day of August ,1974 , at 7:30 o'clock P -M.,
and that the City Clerk give notice of said hearing by publication once in a
local legal newspaper, printed wholly in the English language, at least ten
clear days prior to the date fixed therefor.
It was moved .by Brandt and seconded by Davidsen that
the resolution as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt X
Czarnecki X
Davidsen X
deProsse X
White X
Passed this 16th day of July , 1974
Mayor Pro Tem
ATTEST:
City Clerk '-
RESOLUTION NO.
RESOLUTION AUTHORIZING, EXECUTION OF CONTRACTS
LOWER PARK ROAD PROJECT
WHEREAS, the City of Iowa City, Iowa; has negotiated a contractswith
Shive-Hattery & Assoc. Consult. Engineers
& Brauer & Assoc. for design , a copy of said contracts being attached
of Lower Park RoadProject.
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 contract*,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL.
1. That the Mayor and Cit Clerk are hereby authorized and directed
Cit
$ Assoc. Consult. Engineers
to execute the Agreementswith & Brauer $ Assoc. for design of Lower
Park Road Project.
2. That the City Clerk shall furnish copies of said Agreementsto any
citizen requesting same.
It was moved by wh;tP and seconded by ,�ppa�Gp that
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
X )MX Davidsen
X Czarnecki
X HxxnWrYsIx deProsse
X Whi te.
Passed and approved this 16th day of July , 1974
Mayor Pro Tem
ATTEST:
City -Clerk -
•
X t
� �
RESOLUTION NO.
RESOLUTION AUTHORIZING, EXECUTION OF CONTRACTS
LOWER PARK ROAD PROJECT
WHEREAS, the City of Iowa City, Iowa; has negotiated a contractswith
Shive-Hattery & Assoc. Consult. Engineers
& Brauer & Assoc. for design , a copy of said contracts being attached
of Lower Park RoadProject.
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 contract*,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL.
1. That the Mayor and Cit Clerk are hereby authorized and directed
Cit
$ Assoc. Consult. Engineers
to execute the Agreementswith & Brauer $ Assoc. for design of Lower
Park Road Project.
2. That the City Clerk shall furnish copies of said Agreementsto any
citizen requesting same.
It was moved by wh;tP and seconded by ,�ppa�Gp that
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
X )MX Davidsen
X Czarnecki
X HxxnWrYsIx deProsse
X Whi te.
Passed and approved this 16th day of July , 1974
Mayor Pro Tem
ATTEST:
City -Clerk -
I
t.liri
_ _ .t tw.� P O.-:Boz°:5723 *"s( -a :�c' ,���,(.. c� tY ."y�r ��Y ^•'i -f jx ._.t �Ic J
IOWA CITY; IOWA 5224W--*,
'CSI xx'S ih F 2 C DATE
.ATTENTION
RE
TO C1
the following items:
❑ Specifications
THESE ARE TRANSMITTED as checked
below:.
❑ For approval
❑ Approved as 'submitted
❑ Resubmit
copies for approval
❑ For your use
❑ Approved -as noted
❑ -Submit
copies for distribution
)eAs requested
❑ Returned for: corrections
❑ Return- -
corrected prints
❑ For review and comment
❑
GENTLEMEN:
`'19` ❑
PRINTS RETURNED
AFTER LOAN TO US
WE
ARE SENDING YOU
Attached. ❑
Under separate cover via
❑
Shop drawings
❑ Prints
❑' Plans ❑ Samples
❑
Copy of letter
❑ Change order
❑
the following items:
❑ Specifications
THESE ARE TRANSMITTED as checked
below:.
❑ For approval
❑ Approved as 'submitted
❑ Resubmit
copies for approval
❑ For your use
❑ Approved -as noted
❑ -Submit
copies for distribution
)eAs requested
❑ Returned for: corrections
❑ Return- -
corrected prints
❑ For review and comment
❑
❑ FOR BIDS DUE
`'19` ❑
PRINTS RETURNED
AFTER LOAN TO US
IREMARKS
I COPY
This Agreement, made and entered into this day of July ,.
19 74, by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the City and Shive-Hattery $ Associates
doing business as Consulting Engineers
ciith main offices at 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 hereby retain and employ the said Consultant to act for
and represent it in all engineering matters involved in the terms of this
Agreement. Such contract of employment to be subject to the following terms
and conditions and stipulations, to -wit:
1) 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 his race, color, religion or national origin.
b) To discriminate against any individual in terms, conditions
or privileges of employment because of his race, color, religion or
national origin.
2) The Consultant shall assist in the preparation of notice to
contractors and shall provide assistance in the preparation of plans and
specifications for prospective bidders, if any construction be the end.
product of this Agreement. It is further agreed that the end product of
this Agreement shall be determined at the time of signing of this Agreement
and entered hereon. The end product of this Agreement is agreed to be and
i_ncludc, to -wit:
The preparation of detailed plansandspecifications for the construction
of a new roadway in Lower Park Road. It is understood that the preliminary
design and cross-section will be prepared by others and supplied to the
Consultant not later than August 12, 1974..
Additionally, the Consultant will perform the detail topographic work and
soil borings for use by others for the purposes.of preliminary plans, and .
said surveying and soils work shall be completed not later than July 26,_
1974,
s ._.•%�ri.ption I_u _. r:_Eerred to hereafter as, "The Projuct"
I
Agreement
3 �5
F •t, �
3r r r
3) The City shall
in legal ,provLde the sere
matters pertalniQg to the type
Consultant shall coo pe ratei:and_assist sa
reasonable requests made "b
.y said attorne
duties as attorney for the City.
ti-) The Consultant
from the City not later
plans and specifications
Ices of a competent attorney, experienced
Of `work required -,by, the Proj'ect:The `
ld attorney and shall comply with all
Y during the course of discharge of his
shall receive the preliminary plans and cross-sections
than August 12, 1974. The Consultant shall have detailed
available August 23, 1974, for review by the City.
5) Should the City abandon the Project before the Consultant shall complete
the work contemplated by this Agreement, said Consultant shall be paid on the
basis of direct hourly rates as herein attached for the various classes of
Personnel actively engaged on the project for all wort: completed and for all
work and services performed up to the time of termination.
It
that upon 30 days notice, either party may terminate this A reebut such
is further agreed
termination does not indicate or `release either party from any rights or legal
actions they may have as a resultO=such termination.
6) This Agreement and each and every portion thereof shall be binding
the successors and the assigns of the parties hereto. Provided
upon
no assi�r1an- shall be made without the written consent of all Provided, however that'
Agreement. parties to said
7) It is understood and agreed that the employment of the Consultant by
the City for the purposes of said Project shall not be exclusive but-`
he
shall have the right to employ such assistants as may -be required for�theConsultant
Performance of the Project. Said Consultant shall be responsible for the
compensation, insurance and all clerical detail involved in their employment.
s) The Consultant, upon request of the City, hereby agrees to furnish a
resident project representative in order to provide more extensive representation
at the Project site during the construction phase. Upon completion of any
construction, said Consultant shall furnish said City With a complete set of
plans showing the final construction as recorded bConsultant's
project representative. Said plans shall be mylarysepiandshall become the
property of the City. Should the City perform the resident engineering,
the
Consultant shall furnish site Originaltracingsi; g> the
will snake the necessary changes toreflect project easnconstructed- ed except the City
Through the more Conti
att_I
I.ic1d
checks of
materials of
the t.or.(c in
(i:`
o::<_• is
andous egtaipmenteb�bth�vations
to be £s:rnish�d the 5 - Resident
) Consultant
progress
Project Rep-csentative
I
tion
for tr:e
will endeavor to
Cit a,ains
provide fur"
such
Y �> t deEects and
deficiencies in
resident
the work, b
for the
project representation shall not
Contractor`s
r thof
make the Ci,n:rlltant
Jtcc::r•'.a:!ce
with t.:e
failure to perform the co;�st
Contract Documents.
ruction ;sort;
1n
L
b) Keeping a daily record or log of the contractor's activities
throughout construction of the Project, including notations on the nature
and cost of any extra work. Any extra work will be authorized by the City
Engineer prior to commencing the work.
c) Supervision of inspectors, proportioning engineers and other
technical personnel.
d) Revision of contract drawings to show location and nature of
improvements as actually constructed.
e} Reviewing and checking all reports by testing laboratories on
equipment and materials tested.
f) Such additional services as the City may request in relation on
said Project.
10) Consultant further agrees to furnish the City with a list of all
employmentoPosiAgreement onsxpected to be required to perform resident engineering
pursuan including the hourly rate of pay budgeted for
such employment. „ent.
lI) It is agreed by the City that all records and files pertaining to
information needed for said Project will be made available by said City upon
request of the Consultant. The City further agrees to furnish all reasonable
assistance in the use of these records and files.
12) It is further agreed that no party to this Agreement will be required,
nor will perform contrary to any State, Federal or County law or any of the
Ordinances of the City of Iowa City, Iowa.
13) It is further agreed that in the event of any disagreement as to the
meaning or scope of this Agreement that cannot be worked out to the mutual
satisfaction of both parties concerned, the disagreement shall be referred to
a three member Arbitration Panel with one member selected by the City, one
selected by the Consultar_t and" the third to be selected by the two Arbiters.
E;!:h party will be finally and fully bound by the decision of the Arbitration
Panal and said panel shall have full authority to allocate the costs of such
arbitration between the parties_ Nothing herein shall be construed as
preventing subsequent appeal to a Court of law from the decision of the
Arbiters but such costs and expenses of said appeal shall be borne b'y the
appealing party.
14) The Consultant shall assist and where reasonably required by the
attorney for the City or the Manager of the City, be present for any
preparation of, letting or analysis of contracts dealing with said Project.
Any requirements made by the above named representatives of the City shall
be given with reasonable time to appraise the Consultant so that he may
attend. Such requests shall be made in writing to the Consultant.
15) Said Consultant shall exercise general services in the administration
Of all construction contemplated by the Project.
16) Tone Consultant agrees to furnish, upon termination of this Agreement
and upon demand by the City, copies of all basic survey notes and sketches,
charts, computations and any other data prepared or obtained by the Consultant
pursuant to this Agreement, without the cost and without restriction or
lllitlt_ation as to their use.
11) Consultant a_orees to furnish all plans of en.gineerinR with
4 u the :.'.ill of
a Wniesszonal engineer a.Efixed thereto where Such seal is required
by
to saris actors y per orm'in; accor arice=wit ;this'Agreement"§hall `constitute'.`-
grounds for the City to withhold payment- in an amount sufficient to properly
complete the Project in accordance with this Agreement.
19) Should any section of this contract be found to be invalid it is
agreed C -at all other sections shall remain in full force and effect as
though severable from the part irnvalid.
20) The City agrees that should said. City require any changes in the
basic project as described herein, after the plans and specifications have been
by the City, the City will pay said Consultant on the basis of direct .
hourly rates as herein attached for the vaxious classes of personnel actively.
engaged oa the project. Said changes, after said final approval being. described
i.. a written Agreement signed by all parties or their representatives that are
parties to this Agreement. Said Agreement as to ci.anges shall definitely and
distinctly refer to this Agreement and incorporate same by a reference therein..
It is understood that "changes" is defined to mean a basic change in the description
or intent of the Project as hereinbefore described. .
21) The City further agrees that should said City extend the completion
date beyond the date specified herein, the Consultant shall be entitled to
receive his actual costs incurred beyond -Such limit.
22) Actual cost for the purpose of this .contract shall be defined as
materials cost, plus actual payroll cost, social security and retirement deduction.
Said Consultant shall, upon demand, furnish receipts therefore or certified copies
thereof.
23) All traveling expense incurred while specifically dealing 1with this
Project by the Consultant shall be paid by the City at actual cost. Said
Consultant shall, upon demand, furnish receipts therefore or certified copies
thereof.
24) The City hereby agrees to pay for the services stipulated herein on the
basis of the following fees:
a. For surveys, plans and specifications and general services during
construction, but excluding resident supervision and inspection,
sub -surface exploration, traffic engineering studies and surveys for
right-of-way, 60 percent of construction cost in accordance with
the following schedule: -
First $50,000.00 of construction cost ......................... 14%
Next
$150,000.00 of
construction cost .........................
8z%
Next
$300,000.00 of
construction cost .........................
71.
Next
$500,000.00 of
construction cost ..........................
5!-�%
Over
$1,000,000.00
of construction cost .......................
5%
It is understood that the total fee for surveys, plans and specifications
and general services during construction shall not exceed $6,500.00.
Construction cost is defined as the total cost of the Project
exclusive of the cost of engineering, legal service, land and right-
of-way and overhead of Owner.
b. For resident supervision and inspection, a fee based upon 2.2 times
the direct personnel payroll expense. All other fees will be based
on actual cost incurred by the Consultant.
q'S r F .`,.r .. c 1 �. j +y �.J� i tt
^.
_ J. �hvy Z h �
C l
:25)P<1Y?+ciFt._: T'n� fee shall he' due
and payable: �s foI_Zows:
.
a. During preparation of plan's and specifications and
proportionatel
prooTess'thereon, a``sum equal to'eighty
:w
per cent (80%) of the basic
computed on the
fee
estimated:construction cost accordinP to
"24a"
paragraph
above, invoiced monthly. o
b. Upon presentation of completed plans and specifications a sun equal to
ninety percent (90`/,) of the basic fee computed on the ecti� d
construction cost according to paragraph 11240 above, less all amounts
previously paid.
�. irpan final completion_ and acceptance of the work the balance of the basic
fr;e consisting of the total basic fee computed on actual construction cost
0_9c0raing to paragraph 1124a" above, less all amounts previously paid.
d. Zt _s for resident suparvision will be billed and payable monthly. If any
sum d',±e the Consultant is not paid on or before sixty (60) days from the
date due and payable, the City agrees to pay interest to the Engineers
thereafter at the rate of seven per cent (7%) per annum until
due is paid in full. the sum
26) All provisiond•of this Agreement where not specifically defined otherwise
shall be reconciled in accordance with the highest ideals of the engineering
Profession and the Code of Ethics therefore, as set forth in the .1972 Suggested
Guide for the Selection and Compensation of Consulting Engineers and Land Surveyors
published by the Iowa Engineering Society.
The undersigned do hereby covenant and state that this contract is
executed in triplicate as though each were an original and that there are no oral
agreements that have not been reduced to writine in this instrument.
It is further covenant and stated that there are no other considerations
or monies contingent upon or resulting from the execution of this Agreement nor
have any of the above been implied by or for any party to this Agreement.
FOR THE CITY:
LLM.Yvi, U.LLY o i io;aa City
Pro Tem �:
Attest: City Clerk
a
FOR THE CONSULTANT -
Attest:
AGRFMM^iT
This Agreement, made and entered into this day of July
19 742 by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the City and Brauer and Associates, Inc.
doi.tt-, business as Planners and Landscape Architects
with main offices at Eden Prairie, Minn., hereinafter referred to as the
Consultant.
NOW THEREFORE, it is hereby agreed by and between the parties hereto
that the City does hereby retain and employ the said Consultant to act for
and represent it in all preliminary design matters involved in the terms of
this Agreement. Such contract of employment to be subject to the following
terms and conditions and stipulations, to -wit:
1) 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 his race., color, religion or national origin.
b) To discriminate against any individual in terms, conditions
or privileges of employment because of his race, color, religion or
national origin. .
2) The Consultant shall assist in the preparation of preliminary plans
and cross-sections and shall provide assistance in the preparation of plans
and specifications in conjunction with the technical consultant Engineer. It
is further agreed that the end product of this Agreement shall be determined
at the time of signing of this agreement and entered hereon. The end product of
this Agreement is agreed to be and include, to -wit:
A. Basic Services
The Consultant's basic services shall include normal planning, land-
scape architectural and engineering services as follows:
1) Define and supervise the collection of date by others, prepare
a project process flow diagram with specific completion dates
for use by the Owner, define the area for surveying and soil
borings by others which will be required as a basis for design.
2) Preliminary sketch plan which will describe in graphic form the
potential development of the program activities to meet site
requirements including all specific facilities, areas and equipment
required with schematic illustrations of grading, drainage and
planting. (This drawing will not be suitable for public presentation
or promotion but it will be used for study and discussion of plan
concepts.)
3) Detailed design plan which will include in graphic form the
revised and approved development plan for the site in a form
suitable for public presentation and information purposes.
4) Design development drawings for the basic facilities contained
within those areas outlined on the attached list which describe
construction details and establish construction dimensions, quantities,
materials and when finished will serve as the basis for a development
cost estimate.
5) Development of cost estimate in detail according to a logical and
useful breakdown. Costs will include allwiance for fees, construction,
administration costs, and probable increasing construction costs which
may occur over the period required to complete design and bidding of
construction work,
.LaLcl c:.^::crEpt_ion to be referred to hereafter as, "The Projec[:".
'Agreement
3) The City shall provide the services of a competent attorney., experienced
in legal matters per tainin, to the' `:type'of work '-required I by the Project. The
Consultant shall cooperate and assist said attorney and shall comply with all
reasonable requests made by said attorney during the course of discharge of his
duties as attorney for the City_
4) The Consultant shall receive the necessary surveying data showing
topographic detail along the proposed route from the City not later
than July 26, 1974. The Consultant agrees to finish the work as
outlined in Paragraph 2 and deliver it to the City not later than
August 12, 1974.
The Consultant agrees to review the detailed plans, as prepared by
others, to insure compatibility with the basic design as prepared
by the Consultant. it is anticipated that these detailed plans will
be available for review on August 23, 1974.
5) Should the City abandon the Project before the Consultant shall complete
the work contemplated by this Agreement, said Consultant shall be paid on the
basis of direct hourly rates as herein attached for the various classes of
personnel actively engaged on the project for all work completed and for all
work and services performed up to the time of termination. It is further agreed
that upon 30 days notice, either party may terminate this Agreement, but such
termination does not indicate or release either party from any rights or legal
actions they may have as a result of such termination.
6) 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.
7) It is understood and agreed that the employment of the Consultant by
the City for the purposes of said Project shall not be exclusive, but xhe Consultant
shall have the right to employ such assistants as may be required for the
Performance of the Project. Said Consultant shall be responsible for the
compensation, insurance and all clerical detail involved in their employment:
$) The Consultant, upon request of the City, hereby agrees to furnish a
resident project representative in order to provide more extensive representation
at the Project site during the construction phase.
a) None
azrees ' to fl„ a-
11 •• aL-esiaent engineering called for
ice -;with. Che:above.detaihed outline''of the Project_
ar 3-nclude:
10) Consultant further agrees to furnish the City with a list of all
employment positions expected to be required to perform resident engineering
pursuant to this Agreement including the hourly rate of
such employment. pay budgeted for
11) on is agreed by the City that all. records and files pertaining to
information needed for said Project will be made available by said City upon
request of the Consultant. The City further agrees to furnish all reasonable
assisrarce in the use of these records and files.
12) It is further agreed that no party to this Agreement will be required,
nor will perform contrary to any State, Federal or County law or any of the
Ordinances of the City of Iowa City, Iowa.
13) It is further agreed that in the event of any disagreement as to the
meaning or scope of this Agreement that cannot be worked out to the mutual
satisfaction of both parties concerned, the disagreement shall be referred to
a three member` Arbitration Panel with one member selected by the City, one
selected by the Consultant and the third to be selected by the two Arbiters.
Each party will be finally and fully bound by the decision of the Arbitration
Panel and said panel shall have full authority to allocate the costs of such
arbitration between the parties. Nothing herein shall be construed as
preventing subsequent appeal to a Court of law from the decision of tj-ie
Arbiters but such costs and expenses of said appeal shall be borne by the
appealing party.
14) The Consultant shall assist and where reasonably required by the
attorney for the City or the Manager of the City, be present for any
preparation of, letting or analysis of contracts dealing with said Project,
Any requirements made by the above named representatives of the City shall
be given with reasonable time to appraise the Consultant so that he may
attend. Such requests shall be made in writing to the Consultant.
15) Said Consultant shall exercise general services in the administration
of all construction contemplated by the Project.
16) The Consultant agrees to furnish, upon termination of this Agreement
and upon demand by the City, copies of all basic survey notes and sketches,
ciutrts, computations and any other data prepared or obtained by the Consultant
PursLlant to this Agreement, without the cost and without restriction or
1i:litation as to their use.
li) Consultant agrees to furnish all plans of engineering with the seal of
a p-f)fcssional engineer affixed thereto where such seal is required by law.
. -LLy Lo withhold- a - - - .�� ...ousLICute
at, amount
complete the Project in accordance w thtthis Agreementsufficient to prop8rly.
19) Should any section of this contract 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.
20) The City agrees that should said City require any changes in the
basic project as described herein, after the plans and specifications have been
approved by the City, the City will pay said Consultant on the basis of direct
hourly rates as herein attached for the various classes of personnel actively
engaged on the project. Said changes, after said final approval being described
in a written Agreement signed by all parties or their representatives that are
parties to this Agreement. Said Agreement as to changes shall definitely and
distinctly refer to this Agreement and incorporate same by a reference therein.
It is understood that "changes" is defined to mean a basic change in the description
or intent of the Project as hereinbefore described.
21) The City further agrees that should
date beyond the date specified herein,
receive his actual costs incurred beythe Consltantyshallnbeth
entitledetoon
ond such umit.
22) Actual cost for the purpose of this contract shall be defined as
materials cost, plus actual payroll cost, social security and retirement deduction_
Said Consultant shall, upon demand, furnish receipts therefore or certified copies
thereof.
23) All traveling expense incurred while specifically dealing with this
Project by the Consultant shall be paid by the City= at actual cost. Said
Consultant shall, upon demand, furnish receipts therefore or certified copies
thereof.
24) The City hereby agrees to pay for the services stipulated herein on the
basis of the following fees:
For basic services as outlined in Paragraph 2, 40% of the estimated
construction cost in accordance with the following schedule:
First $50,000.00 of estimated construction cost
Next $150,000.00•of estimated construction cost ......
140
Next $300,000.00 of estimated construction cost $-1/20,
Next $500,000.00 of estimated construction cost5-1
Over $1,000,000.00 of estimated construction cost .... 5%
It is understood by the Consultant that -the total of all fees paid by
the City to the Consultant shall not exceed $4,000.00 for this project.
Construction cost is defined as the total cost of the Project
exclusive of the cost of engineering, legal service, land and right-
of-way and overhead of Owner.
b. Upon presentation of completed plans and specifications, a sum equal to
ninety per cent (90%) of the basic fee computed on the estimated
construction cost according to paragraph "24a" above, less all amounts
previously paid.
c. Upon final completion and acceptance of the work the balance of the basic
fee consisting of the total basic fee computed on actual construction cost
according to paragraph 1124a" above, less all amounts previously paid_
d. Fees for resident supervision will be billed and payable monthly_ if any
sum due the Consultant is not paid on or before sixty (60) days from the
date due and payable, the City agrees to pay interest to the Engineers
thereafter at the rate of seven per cent (7%) per annum until the sum
due is paid in full.
26) -All provisions of this Agreement where not specifically defined otherwise
shall be reconciled in accordance with the highest ideals of the engineering
profession and the Code of Ethics therefore, as set forth in the 1972 Suggested
Quide for the Selection and Compensation of Consulting Engineers and Land Surveyors
.published by the Iowa Engineering Society.
The undersigned do hereby covenant and state that this contract is
executed in triplicate as though each were an original and that there are no oral
agreements that have not been reduced to writine in this instrument.
It is further covenant and stated that there are no other considerations
or monies contingent upon or resulting from the execution of this Agreement nor
have any of the above been implied by or for any party to this Agreement.
FOR THE CITY:
Xayor,/Citylof Io�g City
Attest: • City Clerk
FOR THE CONSULTANT:
President
WHEREAS, the Engineering Department has certified.that the following improvements
have been completed in accordance with plans and specifications of the City of Iowa
City, Court Hill -Scott Blvd. Add'n. Part III
Commencing at south line of Ravencrest Drive 4 continues north
on Ravencrest Drive for a distance of 540 feet: as well as commencing
at an existing manhole in the center of Washington St. on the east
line of Oakwoods, Part II, and continuing easterly on Washington
Street 240 feet.
AND WHEREAS, Maintenance Bonds for Boyd Rummelhart Plumb- are on file in
the City Clerk's Office, rng Heating, Inc.
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said
improvements be accepted by the City of Iowa City.
It was moved by Brandt and seconded by Davidsen
the Resolution as read be accepted, and upon roll call there were:
Brandt
Czarnecki
Davidsen
deProsse
White
AYES: NAYS: ABSENT:
X
X
X
X
X
Passed and approved this 16th day of July 19 74
ATTEST:
City Clerk
Mayor Pro
that
I
RESOLUTION NO. 7-275
RESOLUTION OF NECESSITY
1974 CONCRETE REPAIR PROGRAM NO. II
WHEREAS, preliminary plans and specifications are now on file in the
Office of the City Clerk for the construction of
1974 Concrete Repair Program No. II
within the City of Iowa City, Iowa.
NOW, THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa:
1. That it is deemed advisable and necessary to construct
within the City of Iowa City, Iowa, to -wit:
Consisting of the removal and replacement of the existing
curb and adjacent concrete on 6 islands in Washington Street
between Van Buren Street and Muscatine Avenue and necessary
incidental facilities related thereto within the City of
Iowa City, Iowa.
2. The method of construction shall be by contract.
3. The entire cost of the improvement shall be paid from the General
Funds of the City of Iowa City.and shall not be assessed against benefited
property.
4. That the City Council shall meet at 7:30 o'clock P.M., CDT, on
the 6th day of August , 19 74 , in the Council Chambers of
the Civic Center for the purpose of hearing objections to said improvement or
the cost thereof.
5. The City Clerk is hereby authorized and directed to cause notice of
this Resolution to be published as required by law.
It was moved by Brandt and seconded by White
the A,?.olution as read be adopted, and upon roll.call there were:
AYES: NAYS: ABSENT:
x
Passed and approved this
ATTEST:
City Clerk
Brandt
Czarnecki
Davidsen
deProsse
White
16th day of July 2 197 4
Mayor Pro Tem
tha t
RESOLUTION DIRECTING ENGINEER TO PREPARE
DETAILED PLANS & SPECIFICATIONS AND
DIRECTING'ATTORNEY.TO PREPARE FORM OF
CONTRACT AND NOTICE TO BIDDERS ON THE
1974 CONCRETE REPAIR PROGRAM NO. II
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That George Bonnett I City Engineer is hereby ordered
and directed to prepare and file with the Clerk detailed plans
and specifications for,the construction of the
1974 Concrete Repair Program No. II
BE IT FURTHER RESOLVED that the Attorney is hereby ordered
and directed to prepare and file with the Clerk a Notice to
Bidders and form of contract for the construction of the
It was moved byand seconded by
that the Resolution as rea be adopted, and upon roll cal
there were:
AYES: NAYS: ABSENT:
X Brandt
x XUKK411 Davidsen
x Czarnecki
x KX6)E4NX'6$ deProsse
x White
PASSED AND APPROVED, this day of 7„1y ,
19 74 -
ATTEST:
City -.Clerk
AregceK _ @gw. laxa
Mayor Pro Tem
-RESOLUTION ORDERING CONSTRUCTION, APPROVING PLANS,
SPECIFICATIONS `AND -FORM OF CONTRACT AND NOTICE TO
BIDDERS, FIXING AMOUNT OF BIDDER'S CHECK, AND
ORDERING CITY CLERK TO PUBLISH NOTICE TO BIDDERS
AND FIXING A DATE FOR RECEIVING SAME, AND FOR A
PUBLIC HEARING ON PLANS, SPECIFICATIONS AND FORM
OF CONTRACT
1974 CONCRETE REPAIR PROGRAM N0. II
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That the construction of 1974 Concrete Repair Program No. II
is hereby ordered to be constructed.
BE IT FURTHER RESOLVED that the detailed plans and specifications as
prepared by City Engineer George Bonnett
for the construction of said 1974 Concrete Repair Program No. II
for the City of Iowa City, Iowa, and the form of
contract and Notice to Bidders, as prepared by the City Attorney, be and the
same are hereby approved, and are hereby ordered placed on file in the office
of the City Clerk for public inspection.
BE IT FURTHER RESOLVED,_that the amount of the check to accompany each bid
shall be XXXX4=XXXX]gKIK)MXXy=XX {)MXXXXXKX) XXK&C $500.00.
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to adver-
tise for bids for the construction of said improvements, bids to be received
by the City Manager in behalf of the City Council of the City of Iowa City,
Iowa, up to 10:00 o'clock A.M. on the 8th day of August ,1974 , and
to be opened by the City Manager at a public meeting to be presided over by him
at that time, and thereupon referred to the City Council for action upon said
bids at a meeting to be held at the Council Chambers, Civic Center, Iowa City,
Io -a, on the '9th,day of August ,19 74 at 4:00_o1clock P.M. Notice
to Bidders is to be published once each week for two consecutive weeks in
the Iowa City Press -Citizen, a legal newspaper, printed wholly in the English
language, the first publication to be not less than fifteen clear days prior
to the date fixed for said letting. In the absence of the City Manager said bid
opening may be conducted by any city official to whom such power has been
delegated by Ordinance.
BE IT FURTHER RESOLVED, that the Council hold a public hearing on the
matter of the adoption of proposed plans, specifications and form of contract
for the making of said improvements, which documents are now on file in the
office of the City Clerk, said hearing to be held at the place last above
mentioned on the 6th day of August ,19 74, at 7:30 o'clock P.M.,
and that the City Clerk give notice of said hearing by publication once in a
local legal newspaper, printed wholly in the English language, at least ten
clear days prior to the date fixed therefor.
It was moved .by _Brander and seconded by Davidsen
the resolution as read be adopted and upon roll call there were,.
that
C .a n ki X
deProsse X
White _ X
Passed this 16th day of jUIV , 19 74
Mayor Pro Tem
ATTEST: "
City- Cierk `?
A
may
f
•
RESOLUTION NO. 74-277
AYES: NAYS: ABSENT:
_ Drandt
X
C .a n ki X
deProsse X
White _ X
Passed this 16th day of jUIV , 19 74
Mayor Pro Tem
ATTEST: "
City- Cierk `?
A
5u?..
q9
16wa,.Cityi. Iowa, .:Jul-y. 16.-: 1974
7
7'.
The-Council'of Iowa'Cityr Iowa,.met on the
above date in Regular session pursuant to `law and the
rules of.said ..Council an'd'in''acc-ordance, with the terms of a
notice of'meetingr-A' copy-'.Oft.which-was served on each member
of the Council..-within'-theitime re'quired:by,law and accepted
in writing by:6ach member i' thereof, said :notice of meeting
being as follows:-
NOTICE
Iowa- Ci;EV' Iowa,. July. 16 r 1974
TO: Brandt, CiaTn'bcki,�--'Davi'dsen, deProsse.,
White
Councih`Members
Iowa city, Iowa
You are,here by,notified.that�_.a meeting of the Council
1.l'_be:held.._9n the, 16th :,day of July
of Iowa C3.tyr',,,Iowa,:jl- will
1974, at' the;.�_Civ'i'c`.Gdnter i, �Iowa�',,City,,, Iowa r at 7:30 o'clock
n
p, M..
for the•pur purpose I os e of � �--.do p*t ing . a Re . sblut . lo n providing for the
issuance of $,'400r000-OOL Street Construction Bonds and levying
a tax to-'p ay 7s said bonds,. and for, such other business in
connection therewithlas may come before the meeting.
Respectfully submitted,
-.;Edgar--:Czarnecki
Mayor
Servi'ce.of'the-foregoing notice�_islhereby acknowledged.
S/ CA.(Tim) Brandt
S/ Edgar Czarnecki
SVPenny Davidsen
S/ Carol W. deProsse
-/ S J.,'Patrick-White
2
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RESOLUTION NO 74-278"`.
RESOLUTION:PROVIDING FOR THE ISSUANCE OF
$400,00,O.Oo STREET CONSTRUCTION BONDS
AND -LEVYING A TAX -TO PAY>SAID BONDS
WHEREAS, the;City,of Iowa City, in the County of
Johnson_, State of Iowa, sometimes hereinafter referred
to aF the. Municipality., is.-,a•,Municipality, duly incorporated,
organized•and.exiating under and by virtue of the laws and
constitution of the `State: of Iowa; and
WHEREAS, the Municipality of Iowa City, Iowa heretofore
entered into contracts for `the construction,of street
improvements including traffic control'devices, in the
Municipality, and itis necessary to issue $400,000,00 of
Street Construction•Bonds- to.provide' funds i to pay a part.
of the cost of said.;.improvements as'authorized by Section
408.17 of the Code -of Iowa; 1973;' and
NOW, THEREFORE, -BE IT RESOLVED 'BY THE CITY COUNCIL OF
THE CITY OF IOWA.CITY; IOWA:
Section 1.1 That in. -order ;'to provide_`a fund to pay
the principal and interest on the -bond's hereinafter authorized
to be issued and pursuant 'to the authority granted by Section
408.17 and Chapter` -40.8 , Code of Iowa, ,19.73, -,there is hereby
levied a sufficient annual tax,for the<years 1975 to 1978,
inclusive, '.said tax being in the following amounts, to -
wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF LEVY ,. YEAR OF;COLLECTION:
1975$139,'90Q,.00 1975/1976` Fiscal Year
1976 1976/1977
- ' $117;100`.00 -
197..7:/1978 "
'1977 $1111400.00 .
19781978/1979'
$1051700.00
-3=
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RESOLUTION NO 74-278"`.
RESOLUTION:PROVIDING FOR THE ISSUANCE OF
$400,00,O.Oo STREET CONSTRUCTION BONDS
AND -LEVYING A TAX -TO PAY>SAID BONDS
WHEREAS, the;City,of Iowa City, in the County of
Johnson_, State of Iowa, sometimes hereinafter referred
to aF the. Municipality., is.-,a•,Municipality, duly incorporated,
organized•and.exiating under and by virtue of the laws and
constitution of the `State: of Iowa; and
WHEREAS, the Municipality of Iowa City, Iowa heretofore
entered into contracts for `the construction,of street
improvements including traffic control'devices, in the
Municipality, and itis necessary to issue $400,000,00 of
Street Construction•Bonds- to.provide' funds i to pay a part.
of the cost of said.;.improvements as'authorized by Section
408.17 of the Code -of Iowa; 1973;' and
NOW, THEREFORE, -BE IT RESOLVED 'BY THE CITY COUNCIL OF
THE CITY OF IOWA.CITY; IOWA:
Section 1.1 That in. -order ;'to provide_`a fund to pay
the principal and interest on the -bond's hereinafter authorized
to be issued and pursuant 'to the authority granted by Section
408.17 and Chapter` -40.8 , Code of Iowa, ,19.73, -,there is hereby
levied a sufficient annual tax,for the<years 1975 to 1978,
inclusive, '.said tax being in the following amounts, to -
wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF LEVY ,. YEAR OF;COLLECTION:
1975$139,'90Q,.00 1975/1976` Fiscal Year
1976 1976/1977
- ' $117;100`.00 -
197..7:/1978 "
'1977 $1111400.00 .
19781978/1979'
$1051700.00
-3=
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RESOLUTION NO 74 ;:278...`
'I
Section;2. Said.tax shall be.'collected each year at
the same time and in the same manner as, and in addition to,
all other taxes in`and for'said Municipality, and when
collected they shall be,.converted into a.fund to be known as
the "STREET CONSTRUCTIW BOND`FUNDw19.74";which is hereby
pledged for -and shall be used only`for,-the payment of the
principal and interest of the bonds hereinafter authorized
to be issued; and'also:;there shall be -apportioned to said
fund its proportion of::taxes redeived'by`the Municipality
- t
from railway,. express,. teldphone.,.and',,tel6graph .companies and
other taxes .assessed .by..the_'Iowa,State Department of Revenue.
Section 3 All moneys-held,;i.n `the "STREETCONSTRUCTION
BOND FUND 1974" provided for by -Section 2 of this Resolution
shall be deposited'in banks. -which ar&:members of the Federal
Deposit Insurance .'Corporation:and.the`,deposits in which are
insured thereby-aInd all.such deposits exceeding.$20,000.00
in any one bank shall be continuously secured by a valid
pledge of direct obligations.of-the.United States Government
having an equivalent market -.value
Section 4.-- That -.Street -'Construction Bonds -of said
Municipality in the ampunt of", 400,.0.QMO.be issued pursuant
to the provisions of.Section 408.17 of the Code of Iowa,
1973; that,said'bonds be designated "STREET CONSTRUCTION BOND",
that they be 80 in number, :dated August 1, 1974, and shall
bear interest from the:date`thereof, until payment thereof,
payable May 1,1975, and semiannually thereafter on the first
day of May and November in each--year>until maturity as follows:
��.�.iu-Z per annum.
Said bonds;.;shall be signed by the Mayor and attested by
shall
r��,•��ray>,yil .�a�e name or the owner, on the
f 4 l rats —r14-* is 3._kX
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RESOLUTION -NO. 74=278.
be payable only to the registered holder, his legal
representatives or assigns Such registered: bonds shall
be transferable -to another, `.registered holder, or back
to bearer, only upon presentation to said City Treasurer
with a legal assignment duly acknowledged.or,proved.
Recristration of. anv Gttrnh hnnac! awml l-, ,;r,a �4:*: ,; I- i..s...
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RESOLUTION
NO -67,4,L,2 758
at the.:office d,of. the
Treasurer of the City of Iowa city,
Iowa.
This bond r is
issued by the.
City of Iowa City, Iowa,
pursuant .to.the Pr6vi
S3.OnS, Of-Code Section 408.17, Code of
purpose 0
Iowa,, 1973,- �for the
PaY3-,,g apart -of the
Cost Of
Constructionoft
S. reet:.imprOV6
ments''Ancluding-traffic
control device's within it Jn said Cit
in.
City, conformity to a Resolution
Of the Councilof.s
aid City duly,
passed.
This bond --3-Sfully ,.negotiable
but may be registered as
to Principal. n in- - th
0, e name oftheholder on the books of
said City in. the :off-'
ice: of the
_'City such registration
to be endorsed by notatio
n on.the ,back.here
of by the Treasurer,
after which no.transf e -r'-' h
-s all:.be valid unless made on said
books and similarly 1 but it may be discharged
from said r6
gis-ratiop by.be' t-
3 -ng,,--. ransferredto `bearer, after
which it shal:1 be transf
,erable-by delivery but it may again
be registere&as before..The -re4is
tration-of,this
bond as
to Principal,.. shall n. . ot". r . estrai
n. the negotiability of the
coupons by delivery m6rel
Y.
And it ;is hereb rep
*:1 rps.ented and certified that all
acts,, conditions:
and things re u1sit'
e. :according to the
laws and .constitution .-
Of the
State of -:Iowa, to exist, to be
.had,, to be. done,, -'6r.
to -,.be performed precedent .to the lawful
issue of this have - been existent,, had, done and performed
as required by. that pr
ovis on
jias been made for the levy
Of 'a sufficient- 6oin-t'
ipulng,_ annua 1 on all the taxable
property within said C ity for the payment of the principal
7-'
AJHLER
SGOONEY
DORWEIL . ER.ALLBEE 6H AYNIE. AWYERS. D
..... ES MOINES. IOWA
Uk
z
WX,
RESOLUTION NO.
74-278"`
and inter , est of this. bond, as the same e will respectively
become due; that-'t.he.:f aith -�'revenues
and resources
and a 11,.the*�,rea; -an '�Personal 't"
proper.Eof -City
Y` said are
irrevocably -pledged foi the proTpthere Of, both
,payment principal
a
and interest; .and Ithe "total indebtedness of
said.city, including
"I yphot, Manor
FIN-
N674-278 - '
RESOLUTION.--
�
'17
RESOLUTION NO. 74.278
NEY. DORWEILER.,AL'L_13'EE &-HAYNIE. LAWYERS. DES
MOINES. IOWA
zz
RESOLUTION TO REFUND CIGARETTE PERMIT
Iowa Vending Co. dba/
WHEREAS, Knights of Columbus at 328 E. Washington
in Iowa City, Iowa, has surrendered cigarette permit No. 74-35 , expiring
June 30 , 19 75 and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 74-35 , issued to Iowa Vending Co. dba/Knights of Columbus
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorized and directed to draw a warrant on the General Fund in the amount of
$ 100.00 payable to Iowa Vending Company, 985 -2nd St., Marion. Ia.
as a refund on cigarette permit No. 74-35 •
It was moved by Brandt and seconded by deProsse that
the Resolution as read be adopted, and upon roll call there were:
Passed this 16th day of Jul_X 9 19 74
■
AYES: NAYS: ABSENT:
Brandt
X
Czarnecki
X
Davidsen
R
deProsse
X
White
X
Passed this 16th day of Jul_X 9 19 74
■
WHEREAS, University Athletic Club at
in Iowa City, Iowa, has surrendered cigarette permit No.
RFD 1
74-71
, expiring
June 30 0 19 75 , and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 74-71 , issues to University Athletic Club
be cancelled, and
BE IT YURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorized and directed to draw a warrant on the General Fund in the amount of
$ 100.00 , payable to Hawkeye Amusement Co 1214 S Gilbert
as a refund on cigarette permit No. 7_4-_71.
It was moved by
Davidsen and seconded by Brandt that
the Resolution as read be adopted, and upon roll call there were:
AYES NAYS: ABS_
Brandt X
Czarnecki X
Davidsen X
deProsse X
White X
74
Passed this 16th day of July , lg
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class
"B" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations:
Iowa Memorial Union, University of Iowa, Iowa City
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be en-
dorsed upon the application and forward the same together with the license
fee, certificate of financial responsibility, surety bond and all other
information or documents required to the Iowa Beer & Liquor Control Department.
It was moved by dePros�se and seconded by White that the
Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt
zarnec i
av'Urs en
-----=e r o s s e
ite
Passed this 16thday of July , 19 74
r �
RESOLUTION No.. 74' -282 -
RESOLUTION OF APPROVAL OF CLASS "B" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class
"B" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations:
Cahill Bros., Inc, dha/Happy Days Pizza & Ice Cream Parlor
1515 First Ave.
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be en-
dorsed upon the application and forward the same together with the license
fee, certificate of financial responsibility, surety bond and all other
information or documents required to the Iowa Beer & Liquor Control Department.
It was moved by Davidaba,•- old seconded by Brandt that the
Resolution as read be adopted, and upon roll call there were:
Brandt
tizarnecK3.
avi sen
e rosse
ite
AYES: NAYS: ABSENT:
Passed this 16.day of July 19 74 ,
wo-
OF CLASS B
BEER
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
a Class B Beer Sunday Sales Permit application is hereby
approved for the following named person or persons at the
following described location:
Cahill Bros., Inc. dba/Happy Days Pizza & Ice Cream Parlor
1515 First Ave.
Said approval shall be subject to any conditions or restrictions
hereafter imposed by ordinance of state law.
The City Clerk shall cause a recommendation for approval to
be endorsed upon the application and forward the same together
with the license fee, bond, and all other information or docu-
ments required to the Iowa Beer and Liquor Control Department.
It was moved by deProsse and seconded by White
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS:
Brandt X
XXXXMM Davidsen x
Czarnecki x
XM)M0 7M X deProsse x
White x
Passed this 16th
ABSENT:
day of July 19 74
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class
"C" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations:
Osco Drug, Inc., 120 E. College St.
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or 'documents required to the Iowa Beer
and Liquor Control Department:
It was moved by deProsse and seconded by White that the
Resolution as read be adopted, and upon roll call there were:
Brandt
Czarnecki
Davidsen
deProsse
White
AES: NAYS: ABSENT:
x
x
x
x
Passed this 16th day of July 19 74
WHEREAS, the following firms and persons have made application, filed the
bond, and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications
be granted and the cigarette bond now on file in the office of the City Clerk be
and the same are hereby approved, and the City Clerk be and he is hereby directed
to issue a permit to sell cigarette papers and cigarettes to the following named
persons and firms:
Cahill Bros.,, Inc. dba/Happy Days Pizza & Ice Cream Parlor
1515 First Avenue
Watt's Food Market, 1603 Muscatine Ave.
It was moved by Brandt and seconded by White that
the Resolution as read be adopted, and upon roll call there were:
AYES: YS: ABSENT:
Brandt X—
Czarnecki X_
Davidsen g
deProsse g
White g
Passed this 16 h day of July , 1974
RESOLUTION NO. 74-286
RESOLUTION OF APPROVAL OF CLASS
APPLICATION.
LIQUOR CONTROL LICENSE
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a
Class C Liquor Control License application is hereby ap-
proved for the following named person or persons at the following
described location:
MADU, Inc. dja/Mama Machacek's, 5 South Dubuque
Said approval shall be subject to any conditions or restrictions here-
after imposed by ordinance or state law.
'rhe City Clerk shall cause a recommendation for approval to be
endorsed upon the application -and forward the same together with the
license fee, certificate of financial responsibility, surety bond,
sketch of the premises and all other information or documents required
to the Iowa Beer and Liquor Control Department.
It was moved by deProsse and seconded by White
that the Itesolution as read be adopted, and upon roll call there were:
AYES:
Brandt
Czarnecki
Davi. dsen
deProsse
White
Passed this 16th
NAYS: ABSENT:
day of
Jul
19 74
BURLINGTON STREET IMPROVEMENT PROJECT
BRICK..PAVERS
WHEREAS, the City of Iowa City has awarded a contract to
Metro Pavers,Inc:', Iowa CitX
said contract entered into on November 27, 1973 , and,
WHEREAS, it Ls deemed that certain changes in the plans and
specifications are necessary due to construction changes.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the contract dated Nov. 27, 1973 entered into by
the City of Iowa City and Metro Pavers, Inc.
for the construction of Burlington St. Improvement Proi .
e amended
as follows:
Provide and install paving brick between back of curb
and sidewalk from Madison Street to Linn St.
$31.50/sq, yd. installed
2. That the Mayor and City Clerk are hereby authorized and directed
to execute an amendment to said contract incorporating the above amendments.
It was moved by Davidsen and seconded by White that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
X Czarnecki
X Davidsen
X deProsse
X White
Passed and approved_ this 16thday of July 1974.
ATTEST:
Mayor Pro Tem
No.
To:
City
of
Iowa City,
Iowa
CHANGE
OR
EXTRA WORK
ORDER
J
City
of
Iowa City,
Iowa
CHANGE
OR
EXTRA WORK
ORDER
Kind of Work Burlington Street
City, IA
Street
Contract No.
t Project
You are hereby ordered to make the following changes from the plans or do the following extra
work on your contract dated November 27 1973
A. Description of change to be made or .extra work to be done:
Provide and install paving brick between back of curb and sidewalk from.Madison
Street to Linn Street.
R. Reason for ordering change or extra work:
Work requested by Urban Renewal Design Committee and approved by City Council.
C. Settlement for cost of work to be made as follows:
$31.50/sq. yd. installed
Approved:
Construction Engineer
City Engineer
Date: 19 -
Date• 19
Receipt is acknowledged of this change or extra work order and terms of settlement are hereby I
agreed to.
Plaintiffs state: - '
r
1. Plaintiffs are taxpayers and residents o: �,heo'
city of Iowa City, Johnson County, Iowa. ` �m
O
2. Defendant City of Iowa City, Iowa, is a mtmici-pal
corporation organized and existing under the laws of the State
of Iowa.
3. Defendant Old Capitol Associates is a partnership
organized and existing under the laws of the State of Iowa.
4. on or about July 20, 1973, Defendant City of Iowa
City, Iowa, caused a "Public Notice Invitation for Development
Proposal and Offers to Purchase Land:' to be published in a news-
paper of general circulation in the community. Said Public
Notice recited that said Defendant had prepared for redevelop-
ment certain lands in its urban renewal project, Iowa R-14, and
was prepared to dispose of these same "by Fixed -Price competition
as provided in Section 403.8 of the 1966 Code of Iowa as amended,"
said land consisting of parcels 64-1, 65-20 65-4, 81-31 82-1,
83-1, 84-1, 93-1, 101-2, 102-1, 102-2, 102-3, 102-4 and 103-3
as shown on City -University Land Disposition Map, City of Iowa
City, Iowa.
5. Said Public Notice further provided that said -
offer was made subject to certain contingencies, which ont
gencies were set forth in the bidding documents and werere—g fired
to be performed by the redeveloper.
6. Defendant Old Capitol Associates was the=si
ole dder
pursuant to said Public Notice and, on or about March 19, 1974,
entered into a written contract with Defendant City of Iowa City,
Iowa, for the sale of said land. Copies of said Parts I and II
of said contract (marked Exhibits "A" and "B" respectively) are
attached to the original of this Petition and, by this reference,
are made a part hereof.
7. On or about April 16, 1974, Defendant City of Iowa
City, Iowa, without first rebidding said disposition proposal
and contrary to the advice of its legal counsel, entered into a
written "Second Addendum to Part I" of said contract, which
Second Addendum amended the contract and differed from the bidding
documents in a number of material respects including, but not
limited to, the following:
• 1
%�
i
a
as provided in Section 403.8 of the 1966 Code of Iowa as amended,"
said land consisting of parcels 64-1, 65-20 65-4, 81-31 82-1,
83-1, 84-1, 93-1, 101-2, 102-1, 102-2, 102-3, 102-4 and 103-3
as shown on City -University Land Disposition Map, City of Iowa
City, Iowa.
5. Said Public Notice further provided that said -
offer was made subject to certain contingencies, which ont
gencies were set forth in the bidding documents and werere—g fired
to be performed by the redeveloper.
6. Defendant Old Capitol Associates was the=si
ole dder
pursuant to said Public Notice and, on or about March 19, 1974,
entered into a written contract with Defendant City of Iowa City,
Iowa, for the sale of said land. Copies of said Parts I and II
of said contract (marked Exhibits "A" and "B" respectively) are
attached to the original of this Petition and, by this reference,
are made a part hereof.
7. On or about April 16, 1974, Defendant City of Iowa
City, Iowa, without first rebidding said disposition proposal
and contrary to the advice of its legal counsel, entered into a
written "Second Addendum to Part I" of said contract, which
Second Addendum amended the contract and differed from the bidding
documents in a number of material respects including, but not
limited to, the following:
- 3 -
a) The use of the improvement to be built on
Parcel No. 64-1 was expanded to include
Retail Trade/Services/Offices in the event
the Burlington/Linn Parking Ramp was not
constructed.
b) The type of improvement to be built on Par-
cel No. 103-3 was changed from Retail Trade/
..rl
Services/offices with residential honUs-a.ngf-as-;
%1 C
the alternative type of improvement`L'to=�resTi-;`"
dential housing for families and ind-Vdua-3--s '
of low/moderate income with Retail Tac
' O
a
Services/Offices.as the alternate type of
improvement.
c) The time for either party to rescind the con-
tract for any of the contingencies outlined
in Section 10 thereof was changed from July 1,
1974, to August 1, 1974.
d) The contingency that in the event that legal
approval for the issuance of approximately
$6,000,000:00 of bonds to finance the construc-
tion of project improvements called for in
said contract was not obtained, the same would
stand null and void upon written notice by
either party to the other was deleted.
x
- 3 -
a) The use of the improvement to be built on
Parcel No. 64-1 was expanded to include
Retail Trade/Services/Offices in the event
the Burlington/Linn Parking Ramp was not
constructed.
b) The type of improvement to be built on Par-
cel No. 103-3 was changed from Retail Trade/
..rl
Services/offices with residential honUs-a.ngf-as-;
%1 C
the alternative type of improvement`L'to=�resTi-;`"
dential housing for families and ind-Vdua-3--s '
of low/moderate income with Retail Tac
' O
a
Services/Offices.as the alternate type of
improvement.
c) The time for either party to rescind the con-
tract for any of the contingencies outlined
in Section 10 thereof was changed from July 1,
1974, to August 1, 1974.
d) The contingency that in the event that legal
approval for the issuance of approximately
$6,000,000:00 of bonds to finance the construc-
tion of project improvements called for in
said contract was not obtained, the same would
stand null and void upon written notice by
either party to the other was deleted.
- 4 -
e) The delivery and construction commencement
dates for Parcel 93-1 were changed from
six months to one year after the date of
initiation and the delivery and construction
commencement dates for Parcel 101-2 were
changed from one year to six months after
date of initiation.
f) Start of construction of the upper level
parking deck of the parking ramp to be built
on Blocks 83 and 84 was delayed from=? early 'i
as 1975 until 1978. -T
g) Two additional alleys East forty feet =q.f.
t
alley, Block 82 and South 97 feet of a1(y,
Block 102 are to be vacated and conveyed to
the redeveloper_
h) The requirement that the property set forth
in Paragraph 3 of Schedule F thereof be ex-
changed by Defendants concurrent with the
transfer of title to Parcels 83-1 and 84-1
was deleted.
i) The exchange by the parties of the property
set forth in Paragraph 4 of Schedule F thereof
has been changed from "concurrently with the
transfer of title to Parcel 64-1" to "prior
to any construction in Block 64."
i
5 -
A copy of said Second Addendum (marked Exhibit "c") is attached
to the original of this Petition and, by this reference, is
made a part hereof.
8. The failure of Defendant City of Iowa City, Iowa, •
to notify qualified redevelopers of the material changes which
were made by said Second Addendum to said contract was in viola-
tion of the requirements of Section 403.8 of the 1973 Code of
Iowa, affected the market value of the land in question and may
have prevented greater return to said Defendant.
9. For Defendants to proceed under said coritactcE-as�
amended by said Second Addendum will work irrepairable=`Earmoto_,
Plaintiffs as residents and taxpayers of the City ofI�za� C3:L--y
Op
Johnson County,.Iowa. They have no adequate remedy atYaw.�
WHEREFORE, Plaintiffs pray for a permanent injunction
restraining Defendants from proceeding under said contract as
amended by said Second Addendum; for their reasonable attorney
and expert witness fees; and for the costs of this action.
. DAVID A. ELDERKIN Of
WADSWOn'TH, ELDERKIN, PIRNIE & VON LACKUM
619 Higley Building, P. 0_ Box 1968
Cedar Rapids, Iowa 52406
ATTORNEYS FOR PLAINTIFFS
1
I