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HomeMy WebLinkAbout1974-11-05 ResolutionRESOLUTION AUTHORIZING EXECUTION OF CONTRACT f, BOND WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with C. L. Carroll Co. of Des Moil EScopy of said contract being attached for. completion of Water Pollution Control Plant Improvements 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 City Clerk are hereby authorized and directed to execute the Agreement With C. L. Carroll Co. Inc. li es Moines, owa 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting some. It was moved by nay; dsPn and seconded by arandt that the Resolution 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 5th day of November , 19 74 . ATTEST: _�=�d.. City --Clerk L r;1 THIS AGREEMENT, made and entered into this day of 19 74 , by and between the Citv of Iowa City, Iowa party of the first part, hereinafter referred to as the owner and C.L. Carroll Company, Inc. of Des Moines, Iowa party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the day of August , 19 74 , for Completion of [dater Pollution Control Plant Improvements under the terms and conditions therein fully stated and set forth, and. Whereas, said plans, specifications and proposal accurately, and fully describe the .terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: I. That the Owner hereby•accepts the proposal of the Contractor for the work and for the sums listed below: ITEM DESCRIPTION TOTAL 1. Concrete (reference Specification Sec. 1.11) lump sum $ 3,679.00 ' 2. Mechanical & Electrical (reference Specifications Sec 1.12) lump sum 20,973.00 3. Grading & Driveways (reference Specifications, Sec. 1.13) lump sum 5,400.00 4. 70 ft. diameter secondary digester (ref. Specification Sec. 1.15) lump sum 33,477.00 5. Miscellaneous (ref. Sepcification Sec 1.14), to include all items not included in the foregoing items but necessary.to complete the requirements of the contract and make same ready for operation including_ startup lump sum 5,049.00 TOTAL $68,848.00 C-01 2 b. Detailed Specifications for COMPLETION OF WATER POLLUTION CONTROL PLANT IMPROVEMENTS c. Plans d. Notice of Public Hearing and Notice to Bidders e. Instructions to Bidders f. Special Conditions g. Supplemental General Conditions h. General Conditions i. Proposal j. This Instrument Above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS' WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. C.L. Carroll Company, Inc. City of Iowa City, Iowa Contractor ^ (Seal) By (Title) ATTEST: �l .(Seal) By (Title) City Clerk , . (Titl ATTEST: (Title) C-02 (CompanyOfficial) ` • 1 That this Contract, consists of the following component parts which are made'a dart 'of 'this agreement -and °Contract as fully and absolutely as -if they were set out in detail in this Contract: a. Addenda Numbers None b. Detailed Specifications for COMPLETION OF WATER POLLUTION CONTROL PLANT IMPROVEMENTS c. Plans d. Notice of Public Hearing and Notice to Bidders e. Instructions to Bidders f. Special Conditions g. Supplemental General Conditions h. General Conditions i. Proposal j. This Instrument Above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS' WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. C.L. Carroll Company, Inc. City of Iowa City, Iowa Contractor ^ (Seal) By (Title) ATTEST: �l .(Seal) By (Title) City Clerk , . (Titl ATTEST: (Title) C-02 (CompanyOfficial) P8 -2A a Principal, hereinafter called the Contractor and ere znser INSURANCE COMPANY OF NORTH AMERICA e Legal title of the Surety ontractor as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa,.as obligee, hereinafter called the Owner, in the amount of Sixty -eight Thousand Eight Hundred Forty-eight and no/10 Dollars ($ 68134-3.00 ) for the payment whereof Contractor and Surety -bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated -),,-4,.,,f 19 74 entered into a Contract with Owner for ...Completion of [Dater POM -tion Control Plant Improvements. In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. Lop The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and .Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses .(even. though there should be'.a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The.Co�tractor and his Surety shall, in accordance with the provisions of Section 391 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of Two Years from the date of acceptance of the improvements by the Owner. D. Any suit under this bond must be instituted before the expiration of T;vo Years years from the date on which final payment under the Contract -falls due. PB -2 i` IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573,.Code of.Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS �� DAY OF, A.D., 19 74. . IN THE PRESENCE OF: Witness ^- C wu tnesf C. L. CARROLL CO., INC_ rincr3�ya INSURANCE COMPANY OF NORTH AMERICA urety Attorney-in-fact POWER 4F ATTOR�1� INSURANCE COMPANY OF NORTH Pu►I.ADEI.Pnr . VA. kNnob3 all men by tbe5e pre5ent5: That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonvrealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to twit: "RESOLVED, pursuant to Articles :3.6 and. 5.1 of the By -Laws, that the followin;r Rltles shall govern the execution for the Company of bonds. undertakings. recognzances. contracts and other• writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, all Assistant Vire President, a Resident Vice President or an Attorney -in -Fact. (21 "Unless signed by an Attorney -in -Fact. such writings shall have the seal of the Cohtp:ury affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant secretary. when such writing; are signed by an Attorney -in -Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by writing the word "Seal" or the letters "L.S.- after his signature). (:;) "Reaident Vice Presidents. Resident Assistant Secretaries :utd Attorney.-;-in-Fact may be appointed by the President or any Vice President, with such limits nit their authority to bind the- Company as the appointing officer may see fit to impose. (d) "Such Resilient Officers and Attorneys -in -Fact shall have authority- to act as aforesaid, whether or not the President, the Secretary, or both, be absent or invapac•itated. and ;hall also have authority to certify- or verify- copies of this Resolu- tion, the By -Laws -of the Company. and any affidavit or record of the Companv necessary to the dischar; a of their duties. (5) "Any such writing - executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint G. A. LaMAIR II., C. B. CONDON, C. J. GRANT, JR. JAMES F. NORRIS and JAPES E. THOMPSON, all of the City of Des Moines, State of Iowa its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity of persons holding places of public or private trust, and ill the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company attached thereto by any one of the said G. A. LaMair II, C. B. Condon, C. J. Grant, Jr., James F. Nortis or James E. Thompson, individually. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of tate Company at its office in I'll iladelPhil, Com- monwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, the said.. HUGH M. SINCLAIR .. Vice-l'lesident, has hereunto subscribed his name and Nixed the corporate seal of the said IiNSURXINCE COMPAPIY OF NORTH :VNIERICA this ..........I........ clay of. . ..... ... ..... jaqua.ry. .19._....72. (SEAL) INSURANCE COIMPANY OF NORTI{ AMERICA HUGH M. SINCLAIR__ Vice -President STATE OF PEDiNSYLVANIA 'Iss. COI:-NTY OF PHILADELPHIA 1 before the subscriber, a Notary 0.1this .__.. _ ..17th _.__ _day of__ .._. January....- A. D. 1'9 _..72 y Fublic of the Commonwealth of Pennsylvania, in and for the County of Fbi!adelphia, duly conunissioned and clualifie , came HUGH M. SINCLAIR Vice -President of the INSURANCE .................. . COMPANY OF NORTH AMERICA to me personally known to he th:: .;1.117i•lual and officer described) in, and who executed the preceding instrument, and he ackno... ledged the execution of the sane.:, and, being by me duly sv:orn, deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed tri the preceding itts! runtent is the corporate seal of said Company, and the said corporate seal and his signature as officer wc;e duly affix,:d and suh;cribed to the said instru- ment by the authority and direction of the said corporation, and that Resolution, adoptee! by the Board of Directors of said, Company, referred to in the preceding ins�rument, is now in force. set my hand and afftxe,f my official seal at the City of Philadelphia, IN TESTIMONY WHEREOF, I have hereurte the day and year first above written. LILA E. BAILEY ........ .... ........ __. _ __. __.._.._.. .__._.... -Notary Public. (SEAL) .--oTrlmission eritires May 22nd, 1972 _1 i, the u.:cterslv�ned,',Assistaat Secretary of INSi n:1NCE COJSPANY OF NORTTi AMERICA, do hereby certify that the original i'd!i`t-il_?vOh;ATTOI;NEY, of which the foregoing is a full, true and correct c;;;41 is in full force and effect. t;:.: amsc v:he'reof, I have hereunto subscribed Jn y name as Assistant Secretary, a xed the corporate seal of the Lc rpc;ation; a o • / I Viii eit\ ,/� 1 %• '1 / r Assi ant Secretary 11�SOLiTTION :. A RESOLUTION SETTING THE DATE OF INITIATION FOR AN AGREEhfNT q69 BETWEEN -THE CITY OF IOWA-CITY,'IONA AND OLD CAPITOL ASSOCIATES WHEREAS, the City, of Iowa City,. Iowaacting as the local Public Agency entered into an agreement on the 19th day of March, 1974 for the purchase and redevelopment of certain lands with Old Capitol Associates, a partnership organized and existing under the laws 1.ader the State of Iowa, and WHEREAS, Section 10 of that agreement, as amended, contained special contingencies, and WHEREAS, all of those special contingencies have now been favor- ably resolved, and WHEREAS, time references in the agreement are referred to as "date of initiation," and WHEREAS, "date of initiation" is defined in said agreement as "the date written notice is given to the redeveloper of satisfaction of conditions set forth in Section 10," NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that November 6, 1974 is the date of initiation for the purposes of carrying out the aforementioned agreement, and that the City Manager is hereby authorized to give written notice to Old Capitol Associates of such date of initiation. It was moved by White and seconded by Brandt that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —X_ BRANDT —X_ CZARNECKI X DAVIDSEN X DE PROSSE X WHITE Passed and approved this 5th day of ATTEST: i City Clerk Nove41L�=, 1974 RESOLUTION NO. 7 4- 4 8 8 RESOLUTION WHEREAS, the City of Iowa City, Iowa, has negotiated a Release for Robert Hein claim, a copy of said Release 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 Release, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Release of Claim for Robert Hein. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by White and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X Passed and approved this Brandt Czarnecki Davidsen deProsse White 5th day of November 1974 ATTEST: &L zz"L— City Clerk jo IOWA Official T -a m o. 4 cr xG AT10N _ FOR THE LEGAL EFFECT .- OF THE USE . Ome1O1 dorm -NO. 24- (TrN«M.,r �si.N. N a.;'tNs) OF THIS FORbI; CONSULT YOUR LAWYER I RELEASE The undersigned Cltp of Iowa City a municipal eorporatioa hereby acknowledge payment T44R�of the sum of — iPwa Tbonaand and ao/1¢3O Dollars (>_Z. 1Q0• lO ) in consideration of which payment we each do hereby release, acquit and forever discharge _— icGraw Edison Coxpany, I -Ova Illinois Mas and 2.1tactric, :Iansen Lind k1yctr InJ., umet J. _ZZo3'Wt1 Elactric Zi:c., tiaiver.sal ClAmatea Cont—ol lac. - and all other persons, firms and corporations, from any and all liability whatsoever, including all claims, demands and causes of action of every nature affecting us or either of us jointly or severally, which we or either of us may have or ever claim to have by reason of: (a) An accident or event which occurred on or about the 7ta day of App Ig69 at or near _ =`,arc7 ;:oaP_ital Iova Cit7, Iowa, when an s"losion o.:curred at said -- - — ILospital *.agile a -irs vas is progrese which cauaed injury to an or (b) IowA Citg p irc aa, Rnb3rt Hein. As a further consideration of said payment we, each of us, jointly and severally, hereby agree: I. That this release covers all injuries and damages, whether known or not and which may hereafter appear or develop arising from the matters above referred to. 2. That the above sum is all that we consideration has been made by anyone. or either of us will receive for our claim and no promise for any other or further 3. That this release is executed as a by the party and/or released, compromise settlement of a the disputed claim, liability for which is expressly denied parties and the of any or payment of the above sum does not constitute an admission of liability on part person entity. 4. That we are executing this release solely in reliance upon our own knowledge, belief and judgment and not any representations made by the party released or others in his behalf. upon THAT WE HAVE EACH READ THE FOREGOING RELEASE, AND UNDERSTAND ITS TERMS AND FREELY AND VOLUNTARILY SIGN THE SAME. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated at _- Witnesses: , Io n city this --_day of —_-. Uovember CAUTION: THIS IS A RELEASE—READ BEFORE SIGNING! CITY 07 IOWA CTTYL 13'WA i r -silty Clur& -:�= 19 74 F 3Li _•iii 1' �°. - 24. RELEAse . - TTN ntoMtp %gwmtyr 3). 1244 BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to promote the health, safety and welfare of the citizens of the City of Iowa City by setting a speed limit on a portion of First Avenue. SECTION II. ESTABLISHMENT. The speed limit on First Avenue from the inter- section of the Highway #6 By -Pass to the intersection of the Chicago, Rock Island & Pacific Railroad tracks is hereby set at 35 M.P.H. SECTION III. REPEALER. Any and all Ordinances or parts of Ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION IV. SAVINGS CLAUSE. In the event any section, provision or part of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of this Ordinance as a whole or any section, provision or part thereof not adjudged, invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Brandt and seconded by Davidse n that the Ordinance as read be adopted and upon roll call there were AYES: NAYS: ABSENT: X Brandt X Czarnecki X Davidson X deProsse X White ATTEST: , CITY CLE Passed and approved this 5th day of November 19 74 . 1st Reading /a -/S-_ 1,-, ,—_ o 2nd Reading /p_ 29-741 Ty 3rd Reading /�- y - 7 TO - WHEREAS The City of Iowa City, Iowa, has established a sanitary landfill pursuant to State law and said landfill has been approved by all agencies of the State of Iowa whose approval is required, and WHEREAS The City of Iowa City has negotiated contracts for the use of said landfill by other municipalities a copy of said proposed agreement being on file with the City Clerk, 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 OF IOWA CITY, IOWA 1. That the.Mayor and City Clerk are hereby authorized and directed to execute sanitary landfill contracts with the following: Iowa State Highway Commission for use of City Landfillon the same basis as is being made availableto other agencies. 2. The City Clerk is hereby authorized and directed to certify copies of said agreement as required by law. It was moved by White and seconded by Brandt that the Resolu- tion as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X X X X Brandt Bonmtk Davidsen Czarnecki Rtdkxxmm deProsse White Passed and adopted.this 5th day of ATTEST: L. City Clerk 1974 November M= Mayor ' THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, a Municipal Corporation, hereinafter called Iowa City and Iowa State Highway Commission hereinafter called Iowa State Highway (om,ni�sion WHEREAS, Iowa City is the owner and operator of a sani- tary landfill designed for solid waste disposal; said landfill being located in Johnson County, Iowa; and WHEREAS, said sanitary landfill has received the approval for operation by the Commissioner of Public Health of the State of Iowa, as prescribed by Chapter 406 of the Code of Iowa; and WHEREAS, Chapter 406 of the Code of Iowa further requires that every city, town and county Of the State of Iowa shall pro- vide for a sanitary disposal project for its residents, approved by the Commissioner of Public Health and further provides that said governmental entities may contract with another government entity for the use of its approved project; and WHEREAS, pursuant to Chapter 28E of the Code of Iowa and Section 406.3 of the Code of Iowa, Iowa City and Iowa State Highway Commission wish to enter into an agreement that Iowa State Highway Comm. may use the facilities of the Iowa City San- itary Landfill or Sanitary Disposal Project. NOW THEREFOR BE IT AGREED BY AND BETWEEN Iowa City and Iowa State Highway Commission as follows: 1. TERM. That the term of this agreement shall be for a period of three years, commencingwith the date of this agree- ment, unless terminated as provided herein. 2. TERMINATION BY IOWA CITY. That this agreement may be terminated by Iowa City by giving notice to Iowa State Highway Commission in writing as prescribed in this agreement one (1) year in advance of the date of the proposed termination. 3. TERMINATION BY That this agree- ment may be terminated by Iowa State Highway Comm. by giving notice to Iowa City in writing as prescribed in this agreement ninty (90) days in advance of the date of the proposed termination. 4. EXTENSION. That this agreement may be extended by the parties upon the execution of an extension agreement. Said exten- sion.agreement shall specify the period of the extension and the service rates or charges to be paid by Iowa State Highway Commission to Iowa City and may include such other terms and conditions as the parties agree to. 5. JURISDICTION AND OPERATION. The sanitary landfill or sanitary disposal project which is the subject matter of this contract shall be operated by Iowa City and shall be under its exclusive jurisdiction and control, subject to State and Federal regulations. Iowa City agrees to operate said sanitary landfill or sanitary disposal project as required by law and State and Federal regulation, but in the event that a determination is made pursuant to law or State or Federal regulation that said project is not being operated as required and a valid and legal order is entered, cancelling or rescinding the approval of the operation Of said project, this agreement shall be automatically terminated and it is understood and agreed that Iowa City shall not be res- ponsible for any damages incurred by Iowa State Highway Commission as a result of Iowa City being unable to operate said project because of the cancellation or rescission of approval for the operation of the sanitary landfill or sanitary disposal project by Iowa City. 6. OPERATION COSTS AND FINANCING. Iowa City shall be res- ponsible for all costs incurred in the operation of said sanitary landfill or sanitary disposal project and the only costs to be incurred by Iowa State Highway Commission are the rates or service charges enumerated in paragraph 7 of this agreement. Iowa City shall be responsible for all financing involved in said operation and the entering into this agreement in no way obligates Iowa State Highway Commission as to financing and Iowa State Highway Comm. in no way is acting as guarantor nor pledges any of its credit or tax revenues or other revenues except to pay the rate or ser- vice charge enumerated herein. 7. RATES AND CHARGES. Iowa State Highway Commission shall pay to Iowa City a price per ton for solid waste delivered to the Iowa City Sanitary Landfill or Sanitary Disposal Project by co- mmercial haulers designated by Iowa Stnt�Highway Commission as computed by the following formula: All charges shall be based upon an annual cost figure to be calculated by Iowa City based upon the cost per ton of all solid waste delivered to the sanitary landfill during the year. The total annual cost shall be divided by the number of tons fo solid waste delivered to the sanitary landfill. Total annual cost shall include the following: a) All personnel cost of individuals working at the site; b) All equipment operating costs at the site including fuel, maintenance, spare parts --arid insurance and all other equipment costs and repairs; c) All operational costs of the site, including clean up and maintenance provided by any other division of the Public Works Department or other department of the City; d) Capitalized cost of equipment based upon a five year life and the capitalized costs of any capital improvements, in- cluding fences, buildings or other structures, including scales, etc.; e) Capital costs for initial excavation and future excava- tion at actual cost; f) Debt service costs on the retirement of General Obliga- tion Bonds sold to finance the project; and g) Administrative costs estimated for the City Manager, Finance Department, Public Works Department, Legal Department, and Planning Department. After establishment of the cost per ton on an annual basis, there shall be added a ten per cent (103) surcharge. Said sur- charge to compensate Iowa City for future landfill site expenses. The above rate shall be charged for all commercial, construc- tion or industrial haulers from Iowa State Highway Commission as designated in writing. No commercial, construction or industrial hauler not designated in writing by a governmental agency shall be allowed to deposit solid waste at the sanitary landfill. Casual loads delivered by residents on a non-commercial basis may be delivered to the landfill without load charge, except that Iowa City reserves the option to institute such a charge if the facts at a later date warrant such a charge. All charges shall be apyable on a quarterly basis as billed, pursuant to Section 9 of this agreement. On the basis of an esti- mated cost. At the end of the year Iowa City shall calculate the -4 - Agreement actual cost and correction shall be made as to either a credit oradditional billing. Estimated cost of operation shall be the actual cost for the preceeding year. 8. NOTICES. All notices required by this agreement to be made to Iowa City shall be made by mailing by ordinary mail a letter to the Director of Public Works of Iowa City, at said Director's office in the Civic Center, Iowa City, Iowa, 52240_ All notices required by this agreement to be made to Iowa State Highway Commission shall be made by mailing, by ordinary mail, a letter to Resident Maintenance Engineer, P.O. Box 427, Iowa City, Iowa 52240 All notices shall be effective -upon receipt by the addressee.. Nothing contained in this paragraph shall prevent additional or other notice being given and giving notice which would ex- ceed the requirements of this.paragraph.but the requirements of this paragraph shall be the minimum requirements for notice under this agreement. 9. BILLINGS. Iowa City shall bill Iowa State Highway Commission on a quarterly basis as established by the Finance Depari=ment of Io,. -,a City. Billing periods may be adjusted to a monthly basis or for other periods, but shall not be for a period less than one month. All billings shall be due and payable within thirty (30) days of the receipt of said bill. Failure to pay billings may be grounds for cancelling this agreement by Iowa City_ It is under- stood and agreed that these billings are charged to Iowa State Highway Commission and not its designated haulers and Iowa State Highway Commission is responsible for thea p yment thereof and failure of its haulers to pay Iowa State Highway Commission does not relieve Iowa State Highway Commission of its obligation hereu;:der. 10- COMPLIANCE WITH LAW Iowa State Highway Commission shall be responsible to see that all designated haulers from Iowa State Highway Commission shall comply with all applicable ordinances., statues, regulations of any municipal-, county, state or. fe(Jei-al <Zifr I I r''/, or jurisdiction and if said haulers or a hauler from [owa State Hioh:,rav Commission repeats any violations, t=his may be grounds for to �Linating this agreement or for refu- sing to allow a designated hauler to deliver to the Iowa City sanitary landfill or sanitary disposal project. 11. NOTICE TO =,L`-iISSIONER. It is understood and agreed that this agreement is intended to be compliance by Iowa State :(1r,il:,iay Commission with the requirements placed upon Iowa State (i_,,hway Commission by Chapter 405 of the Code of Iowa, and the regu- lations of the Commissioner of Public Health and that a copy of -1-:is agreement will be filed with the Commissioner of Public Health and it is further agreed that in the event either party terminates this agreement that a copy of the notice of said termination shall be forwarded to the Office of the Commissioner of Public Health. 12. DEFAULT. In the event that either party to this agree- ment breacnes any of the terms and conditions hereof, the other party may elect to declare this agreement to be in default and terminate same by giving ten (10) days notice thereof. If the par�v in default fails to correct its breach within the said ten day period, the contract shall be automaticdlly terminated. If t^e breach is corrected, the contract shall continue on its r_eg?_:lar terms and conditions. 13. RECORDATION. This agreement shall be filed with the Sec-retary of the State of Iowa and. the County Recorder of John- son County, Iowa. Dated this OF IOWA CIT'? C:ZT 1st day of October 19 74 . 4L :L J. e BY:.. / i� . r its-�i---, zzlk :,)W a 1 _ .h r+•i � .LiJ -5- Agreement Cn this 1st day of October , A. -D., 19 74 , before , the undersigned, a Notary Public in and for said County, is said State, personally appeared �. :i.: -i �.'.,=-t-.. ( ��^ and to me personally known, who, being by me duly sworn, did say that they are the Mayor and Cit_ Clerk, respectively, of said City of Iowa City, executing the within and foregoing instrument; that said instrument was signed on behalf of the City of Iowa City by authority of its Board of Directors; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of the Citv of Iowa City, by it and by them voluntarily executed. Notary Public, in and for the State of Iowa. Subscribed and sworn before me on this 10th day of October, 1974, personally appeared Maurice F. Burr, Resident Maintenance Engineer for the Iowa State Hig'zway Commission. the State of Iowa i -5- Agreement Cn this 1st day of October , A. -D., 19 74 , before , the undersigned, a Notary Public in and for said County, is said State, personally appeared �. :i.: -i �.'.,=-t-.. ( ��^ and to me personally known, who, being by me duly sworn, did say that they are the Mayor and Cit_ Clerk, respectively, of said City of Iowa City, executing the within and foregoing instrument; that said instrument was signed on behalf of the City of Iowa City by authority of its Board of Directors; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of the Citv of Iowa City, by it and by them voluntarily executed. Notary Public, in and for the State of Iowa. Subscribed and sworn before me on this 10th day of October, 1974, personally appeared Maurice F. Burr, Resident Maintenance Engineer for the Iowa State Hig'zway Commission. the State of Iowa RESOLUTION ESTABLISHING STOP SIGNS AT CERTAIN DESIG- NATED INTERSECTIONS AND REMOVING STOP SIGNS AT CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY, IOWA WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may establish or remove stop signs at designated intersections in Iowa City, Iowa, by Resolu- tion, after determination that it is in the public interest to establish or remove said stop signs, and WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to establish stop signs at the following intersections: Intersection of College and Dodge Streets stopping traffic on College WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to remove stop signs at the following intersections: none NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) That stop signs are hereby established at the following intersections: Intersection of College and Dodge Streets stopping traffic on College B) That stop signs are hereby removed at the following intersections: i IL•fiia C) That the City Manager is hereby authorized and directed to have appropriate signs installed to effectuate the provisions of this Resolution. c' AYES: NAYS: ABSENT: X Brandt eaxnmii Davidsen Czarnecki Hickeracm deProsse White Passed and approved this Sth day of November , 1974 ATTEST: City Clerk a\� RESOLUTION NO. 74-491 RESOLUTION ESTABLISHING STOP,.SIGNS AT CERTAIN DESIG- NATED INTERSECTIONS AND REMOVING STOP SIGNS AT CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY, IOWA WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may establish or remove stop signs at designated intersections in Iowa City, Iowa, by Resolu- tion, after determination that it is in the public interest to establish or remove said stop signs, and WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to establish stop signs at the following intersections: First Avenue and Lower Muscatine at all four legs of the intersection WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to remove stop signs at the following intersections: none NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) That stop signs are hereby established at the following intersections: First Avenue and Lower Muscatine at all four legs of the intersection B) That stop signs are hereby removed at the following intersections: none C) That the City Manager is hereby authorized and directed to have appropriate signs installed to effectuate the provisions of this Resolution. 1L was- moven by. I and seconded by iJavtusen. that the Resolution as read be adopted, and upon roll caTf--there were: AYES: NAYS: ABSENT: Brandt Commeli Davidsen Czarnecki Mickjaxi n deProsse White Passed and approved this 5th day of ATTEST: rML e City Clerk November 19 74 . a% RESOLUTION N0..74-492 RESOLUTION PROHIBITING PARKING WEST SIDE OF TEETERS COURT WHEREAS, the Ordinances of the City of Iowa City, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and, WHEREAS, the City Council deems it in the public interest to prohibit parking on eeters Uourt in a Local Area to Faci itiate NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by Brandt and seconded by Czarnecki that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X OcmxeM Davidsen X Czarnecki X JlAckemon deProsse X White Passed and approved this 5th day of November , 1974 . ATTEST: &//Z" City Clerk �j DEMOLITION $ SITE CLEARANCE.CONTRACT #4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract and bond executed by S.A.S. Equipment Co. of North Bergen New Jersey dated , 19• , for the construction of City -University Proj. Iowa R-14 Demolition & Site Clearance Contract #4 within the City of Iowa City, Iowa, as described in the plans and specifications and which have been signed by the Mayor and City Clerk on behalf of the City of Iowa City, Iowa, be and the same are hereby approved. It was moved by Brandt and seconded by White that the resolution as read be adopted, and upon roll call there were: wtLLt _ AYES: NAYS: ABSENT: X X X X X Passed and approved this ATTEST 5th day of Mayor November f 19 744 THIS AGREEMEWr made th i s ,2aA day of by and be- .een S.A.S. Equipment Company Inc corporation orcanized and existing under the 1aa:s of the State of New Jerse•, ) ';-�artr,arshTp-consistisry-�i" _ � ..^.-1"I13TVTdG3�-{T8�iTTrj-25 % reinatter"called the "CONTRACTOR" and the CITY OF IOWA CITY, IOWA _reinafter called the "LOCAL PUBLIC AGENCY", or "LPA" or the "C;TY', WITNESSEI'H, t: -at e Contractor and the Local Public Agency for the consideration stated herein rmut'ual - y agree as follows: TICLE 1, STATEMENT OF WORK. The contractor shall furnish all supervision, techni- al personnel, labor, materials, machinery, tools, equipment and services, including ,_ility and transportation and security services and perform and complete all work c:q`ired for the demolition and site clearance in an efficient and i,•:orknanli:-ce man- er, as fellcws: Contract 'lumber ll, Demol ition and Site Clearance, 'City -University Project, Iowa Proiect R-14, lo::a City, lova i1 in strict accordance with the contract dc:c!;m..ents for demolition and site clear co, n.;l!;dinn all Addenda thereto numbered and dated: Benda ?;o. Dated -'enda No. Dated �Jdenda No. Dated I:'._,-enda No. Dated e11 as vreparad by Shive-Hattery and Associates, Consulting we cant tact docu -nen-Ls for de...o l i t i on and site clearance, rr2-_r. Engineers, acting, and in referred to as the Engi- A T! CLE 2, TME CO3-JO+CT PRICE The Local Public Agency t•+i ll Pay the Contractor in c: -r-ent iuncl. sub!ect to ad1%41tions and d;:ductions as provided ir. the cc�ctic•1 107, l' :i•^ "' ''�\�'n.•.L CD'• �• :'�, P _ , and sul)�eC-t t[; x.11 Ot„�.r con. i- ,c:s in. the Work undar GENE" ND , i0.._ ART L L:-7;5 set forth In tf'e CCi'.tr ct d-OCUMent5, th surra of On -3 Uaindre0-?Jit,. Thou5_I_;l, One Hundred Twenty and no/100-..---------"--•-------_------------------•---- Col ;ors t. 1c:0, 12D.C' J I" c'•dC1;iOT1 t0 end _cibt_:`a the value of such sall."acaj matc!"fti5 •S:."C1 Imo.._ �Cti:: ii'a^_ Rf•L��:r-t`;' of the lrO�iii•'"CtCr, an6 In ai:C,;-dclnc .:it!i i�.?. I F;: ._'D l`:! ICE E.!:) SCr:FDULF submitte-6 ai:h the Contractor's bid. tE ?, CC:TF:::CT lips cxccuteci contract c:occ.;ierts s;::11 con>ist O. tie `.:ilU`:r3 A-1 01 ;:A a. This agreetent f. General Conditions, Parts i, b. Addenda Sidney II and III C. Invitation fo'r Eids and g• Special Conditions: said Agreement was duly signed Notice of Public hearing h. Special Provisions to the d. Instructions to Bidders scoe . f i ti c:a. ; ;rpore p,:•,ers. Technical Specifications e. Signed copy of aid i. Technical Specifications j. Drawings (as 1 isted lin the � Schedule of Dra•:iings) THIS AGREEMENT, together with the other documents enumerated in this Article 3, which said other documents are as fully a part of the contract as if hereto attached or here- in repeated, forms the contract betreen the parties hereto. In the event that Env provision in any component part of this contract conflicts :.ith any provision of any Other component part, the provision of the component part first enumerated in this Article 3 shall govern except as otherwise specifically stated. I"1 WITNESS WHEREOF, the parties her -.to have caused this agreement to be executed in five (S) original copies of the day and year first above written. ATTEST: i (For individual or partnership) _S.A.S. EQUIPMENT C 4PANY, !NO Ce.rtif;eation: (for Corporations) By , dney Ca: Kms) Street Address North Ber, (City and State I Y+ esiaet ' --•__-- N I ,. _ .Esther Cao , certify that I am the Secretak— o: tt.i�e CC: prz; ion rnmed- as Ccntractor herein, that Sidney Cao: ti*is'agreGment on behalf of the Contrector was then Presic1_gfLt__ Corporation; that said Agreement was duly signed __ for and io l f 0`)s i� J 'S'orporat i o,) by authority of its governing body, and is +•: i th i n the scoe . f i ti c:a. ; ;rpore p,:•,ers. (Cer.arat-- Seal ,• ' •) � �Es` —Se _ �`-- .. � TFFST • ` er i ap L r r TY hf"/. n,,;%r72) G _ �:. r. tary e=on):, A,r_trov� Viii tc rn 'y it c ;...__ ,.Er, .c:,:rl I. lu ATliN A-2 - r N■ tR 3 ALL MEN 3Y THESE PRESEffTS: That we, S r RACT as (name of contractor) -incipal, and ST. PAUL FIRE AND MARINE INSURANCE C014PANY as (namne or corporate surety) u:-ety are held and firmly bound unto the City of la.•ia City, Iowa, ane to all persa s 4o rn:-/ be injured by any breach of any of the conditions of this bond in the penal um of one Sixty Thousand, One Hundred Twenty and no/100---•------- 0o113rs SIS0,120.00 ), lawful money of the United States fcr the paynent of 1•:hich sun ell and truly to be made, we bind ourselves, our hairs, legal representatives and ssigns, jointly and severally, firmly by these presents. The conditions of the above obligations ire such that where the said S.A.S. Equipment Company, Inc. (nape of contractor) [ntered into a contract v: i th the. City o f i o:•;a City , i a::e, bea ri n '-he date of October 2, , 10 74•, vherein said S.A.S. Equipment Compat�y,Inc. name of centra`or) erta=ces and agrees to demol i 5h certai n bu i l d i ngs and structures l oc?ted u;;On cer- r real esta.:e, and clear, fill and/or clean said real estate asspecified ir: sal tract, acid to faithfully perform all the teres and requirements of said co.•trac_`:in the tir:ie therein specified in a good and v:orkr,•znlike manner, znc' in accordalze L;'l the p. n5 and Specification= attache:: to Said contract �.-d rra:ia a part It is expressly understood an' agreed by the principal and surety in this ba:ie, th•:,t h.e following provisions are a part of this bond arid are biz:-dinn v^on said pri::cl- ;> l i r::1 surety, to -v: i t: 1. 11-L t principal and sureties on this bond hereby agree to pay all cer- :orls, firms or corporations having contracts directly :•:ith the pri:lci„1 or i.ith subcontractors, all just claims due them for labor perTori-sec; or r.•sterial= furnished, in the performance of the contract ore c.count o which this bond is given, %-.,h--,i the same are not satisfied out o the portion of tile• contract price which the o;:b l i c. corporat i ori is require•? to re:ta i rr un- til cc:711aleL-ion of the public irrprovernent, but the pripcipal acrd sureties shall not be liable to said -arsons, f els or corporations _chess the c?air;.= o; said ciainants against said portion of the contract price sSa11 }:ave h<.i:-n established as provided by raC•` L. ''c�'�ry surety on tl:i= bond' shall be deemed anC'+ i'1 -_'.l• , any Go^`- -ee ti::: contrary nC•t.;itlSi2.ildln„ to consent with4::} notice: (A1, To arr1 extension of t i to thS conte-ctor in ornic%. to ?er- fora: the contract. (3) To any change in the P a ns, speci TicE: iorEI or CO -1 -I SlK'r Gacnra c!oas pot i..^.:�otva zn incrcd a c: more th- '�:Er:i}••-IVC: 7t. ,erj• f ti?-. c. S:rza1 i t'i--r Z: ,c!_ __-. i C: I 'C- O �'Ciui .:.Cent r -•'.t %'rl �C.> :J - _r� to su��l e_;c=acs i:l�r�as�. Pia- I kuI, .: 1P1G1.':I[U-PI uv-#�Iw":.v, be valid which limits to less than one year from the timelof the acceptance of the .Work the right to. sue on this bond for defects inworkmanship or material not discovered or known to the obligee at the time such work etas accepted." NOW THEREFORE, the condition of.this obligation is such that if t�n said principal shall faithfully perform the contract on his part, and strictlX comply with all requirements of said contract and all laws respecting maintenan6e and ra- pairs of public improvements, street improvements and sewers, and satisfy all claims and demands incurred for the Sams and shall fully ind esnify and save har less the City of Iowa City from all cost and damages which it may suffer by reasc•n of failure so to do, and shall fully reimburse and repay the City of latia City all outlay and expense %:hich it may incur in making good any such default, and shall pay all persons who have contracts directly w-ith the principal or subcontractors for labor or naterials, and said principal and surety shall keep and oer`crm all of the terms and conditions of said contract to be kept and performed by said principal, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Failure to specify or particularize shall riot exclude terms or provisions rot mentioned and shall not limit liability hereunder. The contract is hereby made a part of this bond. WITNESS our hands in duplicate this 2nd day oOctober 1:71. S.A.S. EQUIPriMIT CONPAW Pri By Sur INC. l • 1 ■ ttorney I COUNTERSrTNED: y 1 By: JJdent Agent tllzl_Iir, 'mculock, Condon Co. 140704 906 Walnut Street i Des Moines, Iowa 50316 y PB--'-, a�\ RESOLUTION NO. 74-49 4 RESOLUTION ACCEPTING THE WORK WATER TREATMENT PLANT IMPROVEMENTS CONTRACT NO. 2 WHEREAS, the Engineering. Department has recamended that the im- provement covering the construction of _Water Treatment P1 nt Improvements - Contract No. 2 as included in a contract between the City of Iowa City and Shay Electric of Iowa City dated _ Mav 18. 1971 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requ rgets for such inprovaTents, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by deProsse and seconded by Brandt that the reolution as read be adapted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed and approved this S t h day of November, 19 7 4 ATTEST: Oz" , 1) e Mayor 1 WATER TREATMENT PLANT IMPROVEMENTS CONTRACT NO. 2 ELECTRICAL AND PLANT CONTROLS November 5, 1974 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: Mr. Robert F. Erickson of Veenstra & Kimm, Engineers & Planners, and I hereby certify that the improvements, as constructed in a contract between the City of Iowa City and Shay Electric Services, Inc. of Iowa City, Iowa, dated May 18, 1971, has been completed by said contractor in substantial accordance with the plans and specifications governing said improvements. I further certify that the improvements, as constructed, included the following amounts: TOTAL CONTRACT AMOUNT $ 512,136.97 TOTAL PREVIOUSLY PAID 4602923.27 TOTAL DUE CONTRACTOR $ 51,213.70 Respectfully submitted, George R. Bonnett, P.E. Deputy Director/City Engineer GRB/mj c 1 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, Sanitary sewers in Bryn Mawr Additions, Part V, VI and VII AND WHEREAS, Maintenance Bonds for Rex Barber Excavating are on file in the City Clerk's Office, 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 deProsse and seconded by Davidsen that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed and approved this ATTEST: Citv Cle 5th day of November , 19 74 Mayor // �/J I/ 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, Street Improvements in Bryn Mawr Addition, Parts V, VI and VII AND WHEREAS, Maintenance Bonds for the City Clerk's Office, Metro Pavers, Inc. are on file in 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 deProsse-; 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 Sth day of November 1 lg 74 ATTEST: City Mayor that RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION 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: Green Cross #501, 118 E. Washington 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 Brandt and seconded by Davidsen that the Resolution as read be adopted, and upon roll call there were: Rranrit Czarnecki Davidsen deProsse White AYES: NAYS: ABSENT: X X X X Passed this Sth day of Novembex 19 74 c , _.. RESOLUTION. N0._ 74-49R RESOLUTION TO ISSUE CIGARETTE PERMITS 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: Mike's Riverside Texaco S01 South Riverside Drive It was moved by Davidsen and seconded by 4"'�e sae 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 Sth day of November, 19 74