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HomeMy WebLinkAbout1997-02-11 ResolutionRESOLUTION NO. 97-37 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: R.T.'s - 826 S. Clinton Street It was moved by Lehman and seconded by as read be adopted, and upon roll callthere were: Thornberry that the Resolution AYES: NAYS: ABSENT: Passed and approved this 11th day of Februar.y Baker Kubby Lehman Norton Novick Thornberry Vanderhoef , 1997 Approved by i~orney's Office \danceprm.res Prepared by: Don Yucuis, Finance Director, 410 E; Washington St., Iowa City IA §2240 (319)356-5052 RESOLUTION NO. 97-38 RESOLUTION SETTING A PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 1997, THROUGH JUNE 30, 1998, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2002. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that public hearings be held in the Civic Center at 7:00 p.m., February 25, 1997, to permit any taxpayer to be heard for or against the proposed FY98 Operating Budget and the Proposed FY98-FY00 Financial Plan and also the multi-year Capital Improvements Program through Fiscal Year 2002. Passed and approved this 11th day of Feb~-uaY'.,v , 1997. ATTEST: CITY CLERK It was moved by Lehman and seconded by be adopted, and upon roll call there were: Approve~ by ,~ ~/~ /"/ Thot'nbe~'r'.y the Resolution AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef finadm\budget\pubhrg.res Council Member Lehman introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $5,465,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Lehman seconded the motion to adopt. The roll was called and the vote was, AYES: Norton, Thornberry, Vanderhoef, Baker, Kubby, Lehman, Novick NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 97-39 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $5,465,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $5,465,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7: 00 o'clock__P.M., on the 1 l~:h day of February ,1997, for the purpose of taking action on the matter of the issuance of $5,465,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction and repairing of bridges, street and public walkway improvements; the construction, reconstruction, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams; the rehabilitation and improvement of existing city parks; and the reconstruction, extension and improvement of the municipal airport. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue.said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $5,465,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 25th day of February, 1997, at 7:00 o'clock p.m., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $5,465,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction and repair- ing of bridges, street and public walkway improvements; the construction, reconstruc- tion, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams; the rehabilitation and improvement of existing city parks; and the reconstruction, extension and improvement of the municipal airport. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated at Iowa City, Iowa, this 14thdayof February ,1997. City ler~wa City, Iowa PASSED AND APPROVED this 11th day of February ,1997. ATTEST: City Clerk' -5- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $5,465,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the day of ,1997, at o'clock __.M., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes toadditional action for the issuance of $5,46.' ,000 General Obligation Bonds for an corporate purpose of said City, in reconstruction and construction, facilities for the collection and improvement of existing improvement of the municipal to provide funds to pay costs construction, of bridges, street and public improvements; the extension, improvement of works and disposal of surface and streams; the rehabilitation )arks; and the re~ , extension and At the above meeting the resident or property owner of said been received and considered, the thereof, take additional action to issue said bonds. receive oral or written objections from any above action. After all objections have fil will at this meeting or at any adjournment of said bonds or will abandon the proposal This notice is given Section 384.25 of the City of the de of Iowa. uncil of Iowa City, Iowa, as provided by Dated this day of ,1997. City Clerk (End of Notice) 'Iowa City, Iowa -4- Council Member Lehman introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $685,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member lhornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 97-40 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $685,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $685,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -6- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:00 o'clock__P.M., on the 11th day of February ,1997, for the purpose of taking action on the matter of the issuance of not to exceed $685,000 of General Obligation Bonds, the proceeds of which · bonds will be used to provide funds to pay costs of the improvement and equipping of the library, including roof and carpet replacement and heating, ventilation and air- conditioning (HVAC) system, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED :~685,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Coun- cil of the City of Iowa City, Iowa, will hold a public hearing on the 25th day of February, 1997, at 7:00 o'clock p.m., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take action for the issu- ance of not to exceed 9685,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centurn per annum, said bonds to be issued for the purpose of providing funds to pay costs of the improvement and equipping of the library, including roof and carpet replacement and heating, ventilation and air conditioning (HVAC) system, This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 14th dayof Februar.y ,1997. City Clerk of Iowa City, Iowa PASSED AND APPROVED this 11th day of FebruARY ,1997. ATTEST: City Clerk -9- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $685,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the \ day of //1997, at o'clock .M., in the Couhcil Chambers, Civic Center, 410 l: asl AVasl tington Street, Iowa City~-owa, at which-n~eting the Council proposes tot tk~/~:tion for the issuance of not to exceed $685,000 ~f General Obligation Bonds, b. ~in~: interest at the rate of not to exceed 9 per centum p~ annum, said bonds to be is~d for the purpose of providing funds to pay costs of the i~provement and eqt' ' library, including roof and carpet replacement and heatihg, ventilation and g (HVAC) system. This Notice is given by order of~he Counci provided by Section 384.26 of the City ,2ode City of Iowa City, Iowa, as At any time before the date of saic issuing such bonds be submitted to the Clerk of said City in the manner pursuant to the provisions of Dated at Iowa City, I( a petition, asking that the question of al voters of said City, may be filed with the .~y Section 362.4 of the City Code of Iowa, 384.2~of the City Code of Iowa. this of ,1997. City C~ of Iowa City, Iowa (End of Notice) .. -8- Council Member Lehman introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $325,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Thornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Norton, Novick, Thornberry, Vanderhoef. Baker, Kubby, Lehman NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 97-41 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $325,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $325,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -10- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:00 o'clock p__.M., on the 11 th day of February ,1997, for the purpose of taking action on the matter of the issuance of not to exceed $325,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the expansion of Fire Station//3, the renovation of the City's Animal Shelter and replacement of portions of the Civic Center roof and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -11- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF 10WA CITY, IOWA, ON THE *MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $325,000 PRINCIPAL AMOUNT OF. GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Coun- cil of the City of Iowa City, Iowa, will hold a public hearing on the 25th day of February, 1997, at 7:00 p.m., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed 8325,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the expansion of Fire Station #3, the renovation of the City's Animal Shelter and replacement of portions of the Civic Center roof. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of iowa, pursuant to the provisions of Section 384.26 of the City Code of iowa. Dated at Iowa City, Iowa, this 14th day of February ,1997. City Clerk of Iowa City, Iowa PASSED AND APPROVED this 11 e.h day of February ,1997. ATTEST: Mayor City Clerk -13- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $325,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby hold a public hearing on the o'clock m.M., in the Street, Iowa City, Iowa, at issuance of not to exceed $325 rate of not to exceed 9 per centum providing funds to pay costs of the City's Animal Shelter and re! iven that the Council of the City of day of Chambers, Civic Center the Council propos{ of General Obligation B~ City, Iowa, will ,1997, at East Washington take action for the interest at the annum, said bonds issued for the purpose of of Fire )n #3, the renovation of the If portions oflCivic Center roof. This Notice is given by order oft Counci provided by Section 384.26 of the City C~ City of Iowa City, Iowa, as At any time before the date issuing such bonds be submitted to the leg Clerk of said City in the manner pursuant to the provisions of Section 31 a petition, asking that the question of of said City, may be filed with the ection 362.4 of the City Code of Iowa, the City Code of Iowa. Dated at Iowa City, Iowa, day of ,1997. City of Iowa City, Iowa (End of Notice) ~, -12- Council Member Lehman introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE APPLICATION OF BOND PROCEEDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Thornberry seconded the motion to adopt. The roll was called and the vote was, AYES: Norton, Novick, Thornberry, Vanderhoef, Baker, Kubbv, Lehman NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 97-42 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE APPLICATION OF BOND PROCEEDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should apply bond proceeds of its Series 1996 General Obligation Bonds for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before said bond proceeds may be applied in that manner it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to apply such bond proceeds and of the time and place of the meeting at which the Council proposes to take action for the application of the bond proceeds to the expanded purposes, and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the Council meet in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7: 00 o'clock p .M., on the 1 lth day of February ,1997, for the purpose of taking action on the matter of -14- expanding the purpose of the $6,100,000 General Obligation Bonds dated March 15, 1996, issued for the following purpose: to provide funds to pay costs of improvements and extensions to the Municipal Waterworks Plant and System; to include the following purposes: to provide funds to pay costs of the construction, reconstruction and repairing of bridges and street improvements and the construction, reconstmction, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, twenty days before the date of said public meeting on the transfer of said bond proceeds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -15- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED APPLICATION OF BOND PROCEEDS OF SAID CITY, AND THE HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 25th day of February, 1997, at 7:00 o'clock p.m., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the application of a portion of the bond pro- ceeds of the $6,100,000 General Obligation Bonds, Series 1996, issued for the following purpose: to provide funds to pay costs of improve- ments and extensions to the Municipal Waterworks Plant and System; to include the following additional purposes: to provide funds to pay costs of the con- struction, reconstruction and repairing of bridges and street improvements and the construction, reconstruction, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the transfer of said bond proceeds or will abandon the proposal to trans- fer said bond proceeds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 14th day of February ,1997. Cit~owa ~ity, Iowa PASSED AND APPROVED this 11th day of February ,1997. ATTEST: Clerk Mayor ~O~' 7v'~ie~ PGOODRIC\73687\l\10714042 -17- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED APPLICATION OF BOND PROCEEDS OF SAID CITY, AND THE HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public heating on the day of ,1997, at .M., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the application of a portion of the bond proceeds of the $6,100,000 General Obli Series 1996, issued for the following ptfipose: to provide funds to pay ccsts of improvements and Municipal Waterworks PI~ and System; to the to include the following additiom ,es2 to provide funds to pay repairing of bridges and reconstruction, extension, ' facilities for the collection and constmcti~ reconstruction and the construction, equipping of works and surface waters and streams. At the above meeting the Coum resident or property owner of said City, been received and considered, the thereof, take additional action proposal to transfer said bond' / This notice is given by 9~der of the Section 384.25 of the City C?de of Iowa. / Dated this /"day of / receive oral or written objections from any above action. After all objections have will at this meeting or at any adjournment ;fer of said bond proceeds or will abandon the ouncil of Iowa City, Iowa, as provided by ,1997. City of Iowa City, Iowa (End oflX -16- Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 97-43 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LIEN FOR THE PROP- ERTY LOCATED AT 1011 EAST WASHINGTON STREET, IOWA CITY, IOWA WHEREAS, on February 20, 1986 the property owner of 1011 East Washington Street executed a Rental Rehabilitation Lien which provided for a l O-year, no-interest Declining Balance Loan in the amount of 98,000 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms and conditions of the lien expired on August 21, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1011 East Washington Street, Iowa City, Iowa from said Rental Rehabilitation Lien, which was recorded on February 28, 1996, in Book 830, Pages 112 through 114 of the Johnson County Record- er's Office. Passed and approved this 11th day of Februar.y , 1 997. ATTEST:, '~,~-~z~) ~. °~ · CITY ~LERK MAYOR City Attorney's Office It was moved b'Y Lehman and seconded by adopted, and upon roll call there were: Thornbert3, the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdcdbg/rehab/101 lewas.res Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at i011 East Washington Street, Iowa City, Iowa, and legally described as follows: Lot Five (5) in T.R. Fry's Addition to Iowa City, Iowa, according to recorded plat thereof, from an obligation of the property owner, Dwight Hunter, to the City of Iowa City in the principal amount of $8,000 represented by a Rental Rehabilitation Lien recorded on February 28, '1986 in Book 830, Pages '112 through 114 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. MAYOR L/ CITY CLERK Ap, p/oved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this // ¢'~ day of ~,,~,~ ,A.D. 19 ?'/ , before me, the under- signed, a Notary Public in 'and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~'?~ Y-3 , adopted by the City Council on the /~,~L day_ ~.~,-~ , 19 9'7 and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdcdbg\rehab\1011 ewas. rel Notary Public in and for Johnson County, Iowa RESOLUTION NO. 97-44 RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED FORTY-FOOT (40') PORTION OF THE ALLEY RIGHT-OF-WAY RUNNING NORTH-SOUTH BETWEEN HARRISON STREET AND PRENTISS STREET AND ABUTTING THE EAST SIDE OF THE PROPERTY LOCATED AT 522 SOUTH DUBUQUE STREET TO LARJ PROPERTIES, L.L.P. WHEREAS, LARJ Properties, L.L.P. owns property directly adjacent to the above described forty foot (40') portion of alleyway which was vacated on October 22, 1996; and WHEREAS, LARJ Properties, L.L.P. has offered to purchase this vacated portion of the alleyway for $800.00 with the City retaining water, storm and sanitary sewer, and utility easements; and WHEREAS, the City attempted to vacate and convey the above described forty foot (40') segment in 1984 for $800.00 but the transaction was never completed because the vacation and conveyance were not done in accordance with state law; and WHEREAS, on January 28, 1997, the City Council adopted Resolution 97-28 declaring its intent to convey the property, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Mayor and the City Clerk are authorized to execute a Quit Claim Deed conveying the City's interest in the following described property to LARJ Properties, L.L.P. for and in consideration of the sum of $800.00, subject to the City retaining water, storm and sanitary sewer, and utility easements: Beginning at the northeast corner of Lot 6, Block 9, County Seat Addition, thence south 40 feet, thence east 20 feet, thence north 40 feet, thence west 20 feet to the point of beginning. The City Attorney is hereby authorized to deliver said Quit Claim Deed and to carry out any other actions necessary to consummate the conveyance as required by law. Passed and approved this llth day of February , 1997· ATTEST: Cli[y~ '~- City Attorney's Office Resolution No. 97-44 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X X- X the Resolution be Baker Kubb¥ Lehman Norton Novick Thornberry Vanderhoef Prepared by: David Schoon, Economic Development Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 97-45 RESOLUTION AUTHORIZING THE ADOPTION AND SUBMISSION OF A COMMUNITY BUILDER PLAN FOR 1997-2002 WHEREAS, the Community Builder Program, established in the Iowa Department of Economic Development pursuant to Section 15.308, Code of Iowa (1995), is intended to encourage community planning efforts for community, business, and economic development; and WHEREAS, the Iowa City Community Builder Plan 1997-2002 has been prepared, and contains a database of information on certain components of the community and establishes a set of priorities and plan of action which addresses these components; and WHEREAS, residents of the community have been provided the opportunity to comment on the Iowa City Community Builder Plan 1 997-2002; and WHEREAS, the adoption of the Iowa City Community Builder Plan 1997-2002 will provide Iowa City with bonus points when applying for certain state financial assistance programs; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Iowa City Community Builder Plan 1997-2002 and its submission to the Iowa Department of Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Iowa City Community Builder Plan 1997-2002, filed in the office of the City Clerk, be and is hereby approved and adopted. 2. That the' City Manager of Iowa City be and is hereby directed to submit to the Iowa Department of Economic Development the Iowa City Community Builder Plan 1997-2002. Passed and approved this 11th day of Feb~'uar~v , 1997. ppdadmln/builder.res MAYOR Approved by City Attorney's Office -'/'7 Resolution No. 97-45 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoet~ the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 97-46 RESOLUTION AUTHORIZING CONVEYANCE OF A FIFTY-FOOT WIDE, VACATED PORTION OF LEE STREET RIGHT-OF-WAY LOCATED SOUTH OF RIVER STREET AND NORTH OF OTTO STREET AND IMMEDIATELY ADJACENT TO 833 RIVER STREET TO JOEL AND SANDRA BARKAN WHEREAS, the City Council has considered and passed an ordinance vacating a fifty-foot wide portion of the unimproved Lee Street right-of-way located south of River Street and North of Otto Street; and WHEREAS, Joel and Sandra Barkan own the property adjacent to the right-of-way; and WHEREAS, Mr. and Mrs. Barkan have offered to purchase the 8105 square feet of vacated right-of-way for the sum total of $3000.00, or .37¢ per square foot, which takes into consideration the fact that the entire property is encumbered by a no-build, blanket utility easement; and WHEREAS, the City does not need the portion of the right-of-way to provide access to property in the area. WHEREAS, on January 14, 1997, the City Council adopted Resolution 97-3 declaring its intent to convey its interest in the vacated right-of-way, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and the City Clerk are authorized to execute a Quit Claim Deed conveying the City's interest in the vacated fifty-foot wide portion of the unimproved Lee Street right-of-way located south of River Street and North of Otto Street, consisting of 8105 square feet of property, to Joel and Sandra Barkan for and in consideration of the sum of $3000.00, subject to the City reserving and retaining a blanket utility easement along the entire portion of the subject property for the installation, maintenance and operation of public utilities. Resolution No. Page 2 97-46 The City Attorney is authorized to deliver said Quit Claim Deed to Joel and Sandra Barkan. The deed, the above-referenced easement and other documentation required by Iowa Code §364.7 (1995) shall be recorded by the City Clerk in the Johnson County Recorder's Office at Mr. and Mrs. Barkan's expense. Passed and approved this 11th ATTEST: CITY GLERK day of February ,1997. MAYOR t~(~' ~ barkan2.ms Resolution No. 97-46 Page 3 It was moved by Nnrtnn and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, A 52240 (319)356-5030 RESOLUTION NO. RESOLUTION AU' VACATED RIVER STREET AND TO 833 RIVER CONVEYANCE LEE STREET RIG RTH OF OTTO STREET JOEL AND SANDRA OF FIFTY-FOOT WIDE, LOCATED SOUTH OF ADJACENT WHEREAS, the City Council has and wide portion of the unimproved Street ri North of Otto Street; and an ordinance vacating a fifty-foot located south of River Street and WHEREAS, Joel and Sandra Barkan property adjacent to the right-of-way; and WHEREAS, Mr. and Mrs. Barkan have right-of-way for the sum total of $: consideration the fact that the entir easement; and ;red to purchase the 8105 square feet of vacated 00, or 37¢ per square foot, which takes into is encumbered by a no-build, blanket utility WHEREAS, the City does not the property in the area. WHEREAS, on January 1471997, the City intent to convey its intero~t in the vacated right-~ proposed conveyance, a~'~! setting the date and tim~ WHEREAS, following I~i~blic hearing on the proposed the conveyance is in'.~he public interest. NOW, THEREFORE/BE IT HEREBY RESOLVED BY THE that: .,, 1. The Mayer and the City Clerk are authorized to of the right-of-way to provide access to adopted Resolution 97-3 declaring its -way, authorizing public notice of the public hearing; and ¢ance, the City Council finds that INCIL OF IOWA CITY, IOWA, Quit Claim Deed conveying the unimproved Lee Street Street, consisting of 8105 consideration of the sum the City~'s interest in the vacated fifty-foot wide portion right-of/way located south of River Street and North of Otl ! square?feet of property, to Joel and Sandra Barkan for and of ~3~00.00, subject to the City reserving and retaining a'l~lanket utility easement along'the entire portion of the subject property for the installation, maintenance and operation 0f..pgblic utilities. The City Attorney is authorized to deliver said Quit Claim Deed to Joel and Sandra Barkan. The deed, the above-referenced easement and other documentation required by Iowa Code §364.7 (1995) shall be recorded by the City Clerk in the Johnson County Recorder's Office at Mr. and Mrs. Barkan's expense. Passed and approved this day of , 1997.; 'MAYOR A ATTEST: barkan2,res CITY CLERK Attorney': Office t / / Prepared by: Sarah E. Holecek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO, RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN EASEMENT AND LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BY ST. MARY'S ROMAN CATHOLIC CHURCH FOR A PORTION OF THE LINN STREET RIGHT-OF-WAY BETWEEN JEFFERSON AND MARKET STREETS. WHEREAS, St. Mary's Roman Catholic Church is the fee owner of certain real estate located at 220 E. Jefferson Street, Iowa City, Iowa; and WHEREAS, St. Mary's Roman Catholic Church has experienced the loss of defective cement shingles from its rooftop at 220 E. Jefferson St., which, due to the pitch of the roof, causes a hazard to users of the Linn Street sidewalk immediately adjacent to the Church; and WHEREAS, St. Mary's Roman Catholic Church has requested the City to permit the temporary closure and use of a portion of the sidewalk and parking adjacent to the church on the west side of Linn Street between Jefferson Street and Market Street to ensure the safety of passing pedestrian traffic; and WHEREAS, St. Mary's Roman Catholic Church will be undertaking renovations and construction of a new roof on its facility located at 220 E. Jefferson Street to abate the dangerous condition; and WHEREAS, St. Mary's Roman Catholic Church's renovations and construction will take place . adjacent to their property along the west edge of Linn Street, and St. Mary's Roman Catholic Church wishes to facilitate the safe execution of said renovation and construction and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right of way; and WHEREAS, the Department of Public Works has reviewed the request for sidewalk closure and use of St. Mary's Roman Catholic Church and finds the temporary use of a portion of the Linn Street right-of-way for safety, renovation and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of pedestrian traffic in the area and is thus in the City's best interests; and WHEREAS, an easement and license agreement for the temporary closure and use of the Linn Street sidewalk and public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The terms and conditions contained in the Easement and License Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated herein is approved as to form and content. The Mayor is authorized to execute, and the City Clerk to attest, the Easement and License Agreement for Temporary Use of Public Right-of-Way for and on behalf. of the City of Iowa City. Passed and approved this day of , 1997. ATTEST: CITY CLERK sarah\landuse\stmaryrow,rea · MAYOR EASEMENT AND LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND ST. MARY'S ROMAN CATHOLIC CHURCH FOR A PORTION OF THE LINN STREET RIGHT-OF-WAY, IOWA CITY, IOWA This Easement Agreement is made by and between St. Mary's Roman Catholic Church, hereinafter also referred to as "Owner", and the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as "City." WHEREAS, St. Mary's Roman Catholic Church is the fee owner of certain real estate located at 220 E. Jefferson Street, Iowa City, Iowa; and WHEREAS, St. Mary's Roman Catholic Church has experienced the loss of defective cement shingles from its rooftop at 220 E. Jefferson St., which, due to the pitch of the roof, causes a hazard to users of the Linn Street sidewalk immediately adjacent to the Church; and WHEREAS, St. Mary's Roman Catholic Church has requested the City to permit the temporary closure and use of a portion of the sidewalk and parking adjacent to .the church on the west side of Linn Street between Jefferson Street and Market Street to ensure the safety of passing pedestrian traffic; and WHEREAS, St. Mary's Roman Catholic Church will be undertaking renovations and construction of a new roof on its facility located at 220 E. Jefferson Street to abate the dangerous condition; and WHEREAS, St. Mary's Roman Catholic Church's renovations and construction will take place adjacent to their property along the west edge of Linn Street, and St. Mary's Roman Catholic Church wishes to facilitate the safe execution of said renovation and construction and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right of way; and WHEREAS, the Department of Public Works has reviewed the request for sidewalk closure and use of St. Mary's Roman Catholic Church and finds the temporary use of a portion of the Linn Street right-of-way for safety, renovation and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of pedestrian traffic in the area and is thus in the City's best interests; and WHEREAS, an easement and license agreement for the temporary closure and use of the Linn Street sidewalk and public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, in mutual consideration of the promises herein, St. Mary's Roman Catholic Church and the City of Iowa City agree as follows: 2 Owner, St. Mary's Roman Catholic Church, is the fee owner of certain real estate located at 220 E. Jefferson Street, Iowa City, Iowa, and St. Mary's Roman Catholic Church has been experiencing the loss of defective cement shingles from its rooftop at 220 E. Jefferson St., which, due to the pitch of the roof, causes a hazard to users of the Linn Street sidewalk immediately adjacent to the Church. Further, St. Mary's will be undertaking renovations and construction of a new roof on its facility located at 220 E. Jefferson Street to abate the dangerous condition. In order to facilitate the safe execution of said renovation and construction, and to secure passing pedestrian traffic from the area of falling debris, Owner has requested the City permit the temporary closure and use of a portion of the sidewalk and parking adjacent to the church on the west side of Linn Street between Jefferson Street and Market Street. In consideration of the City's permission herein to temporarily close and use the portion of City sidewalk and parking adjacent to the church on the west side of Linn Street between Jefferson Street and Market Street until completion of the renovation and construction of a new roof on St. Mary's Roman Catholic Church facilities, St. Mary's Roman Catholic Church agrees to secure the above-referenced sidewalk and parking and it§ construction site against pedestrian traffic by providing adequate pedestrian barriers such as construction fencing, and by providing adequate signage, thereby ensuring public safety and a safe construction site. In consideration for St. Mary's Roman Catholic' Church's promises herein, the City agrees to allow St. Mary's Roman Catholic Church to temporarily close and use the portion of City sidewalk and parking adjacent to the church on the west side of Linn Street between Jefferson Street and Market Street until completion of the renovation and construction of a new roof on St. Mary's Roman Catholic Church facilities. The Parties acknowledge that the closure and use of the portion of City sidewalk and . parking will be done to minimize interference with pedestrian and vehicular traffic flow along the west side of Linn Street. In further consideration of the City's permission herein, St. Mary's Roman Catholic Church agrees to provide, keep in place, and maintain in good working condition certain barriers and signage necessary to: a) route pedestrians. b) provide advance warning. c) provide for the orderly and predictable movement of pedestrian traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. St. Mary's Roman Catholic Church agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns arising out of St. Mary's closure and use of the public right of way under this easement and license agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow St. ao Mary's Roman Catholic Church to temporarily close and use the sidewalk and parking adjacent to their property along Linn Street, all as described herein. St. Mary's Roman Catholic Church further agrees to carry Class II liability insurance in the amounts of 9500,000 each occurrence, $1 million aggregate bodily injury, and 9250,000 aggregate property damage with contractual liability coverage included. St. Mary's Roman Catholic Church shall further furnish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. After the St. Mary's Roman Catholic Church roof renovation and construction is complete, St. Mary's Roman Catholic Church agrees to restore any and all portions of the west Linn Street sidewalk and parking to their pre-construction condition, to the City's complete satisfaction. With respect to this Temporary License and Easement for use of public right-of-way and the temporary closure of the Linn Street sidewalk, City and St. Mary's Roman Catholic Church agree this Temporary License and Easement shall be in effect beginning January 28, 1997, and ending upon substantial completion of the work, but no later than August 1, 1997. Notwithstanding the above, St. Mary's Roman Catholic Church agrees to cease and desist its temporary use and closure of the sidewalk and parking and to remove any and all obstructions from said right-of-way when any one of the following events occurs~ A breach of this easement and license agreement; The use of the property changes and/or the temporary use of the public right-of-way is no longer needed or appropriate, as determined by the City; Within thirty (30) calendar days after the City gives written notice of removal to St. Mary's Roman Catholic Church. If St. Mary's Roman Catholic Church fails to remove any obstructions, barricades or signage from the public right-o.f-way as required in this paragraph or in paragraph 6 above, the City may remove'-the obstructions, barricade or signage, and the cost thereof shall be billed to St. Mary's Roman Catholic Church for payment to City. Upon St. Mary's Roman Catholic Church's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)- (e), Iowa Code (1995). St. Mary's Roman Catholic Church acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding paragraphs six (6) and seven (7), that the City may order the said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by State law. 4 This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this day of , 1997. CITY OF IOWA CITY, IOWA ST. MARY'S ROMAN CATHOLIC CHURCH By Naomi J. Novick, Mayor By Name/Title: Attest: Marian K. Karr, City Clerk Approved by: By Name/Title: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,19 , before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. passed by the City Council, on the day of ,19 , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 5 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of St. Mary's Roman Catholic Church, the non-profit corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa sarah\landuse\st mar¥s,agr Prepared by: Brad Neumann, JCCOG Solid Waste Planning Coordinator, 410 E. Washington St., Iowa City, IA 152240 (319) 356-5235 RESOLUTION NO. 97-47 RESOLUTION APPROVING THE EAST CENTRAL IOWA COUNCIL OF GOVERN- MENTS REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. WHEREAS, Chapter 455B.302, of the Code of Iowa, states that each city and county of this state shall provide for the establishment and operation of a comprehensive solid waste reduction program consistent with the adopted hierarchy of solid waste management (so stated in Chapter 455B.301A), and; WHEREAS, Chapter 455B.306(1 ), of the Code of Iowa, states that all cities and counties shall file with the Iowa Department of Natural Resources a comprehensive plan detailing the method by which those waste reduction and recycling program requirements will be met, and that plan shall be updated consistent with the rules of the Environmental Protection Commission, and WHEREAS, an update of the Regional Comprehensive Solid Waste Management Plan has been prepared and adopted by the East Central Iowa Council of Governments, and The City of Iowa City will fulfill its planning requirement through its adoption, and; WHEREAS, the City Council of Iowa City has reviewed the update of the Regional Comprehensive Solid Waste Management Plan, and the City Council of Iowa City is committed to the State of Iowa's waste reduction and recycling goals; NOW, THEREFORE, BE IT RESOLVED that the City Council of Iowa City, Iowa, hereby adopts the East Central Iowa Council of Governments Regional Comprehensive Solid Waste Management Plan, and will make its best effort to put into action the implementation plan and schedule. Passed and approved this 11th day of Februa~'.y , 1 997. ATTEST: CiTY~LERK ~' ~"~ jccogsw/ecicog.res MAYOR City Attorney's Office Resolution No. 97-47 Page 2 It was moved by Kubb.y and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: ,X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Brad ~n, JCCOG Solid Waste Planning Coordinator, 410 E. Washington St., Iowa Cit 52240 (319) 356-5235 RESOLUTION NO. 97-47 MENTS APPROVING THE EAST CENTRAL IOWA COUNC COMPREHENSIVE SOLID WASTE MANA GOVERN- PLAN. WHEREAS, Chapter state shall provide for reduction program cons stated in Chapter B.302, of the Code of Iowa, states th; establishment and operation of nt with the adopted hierarchy ,), and; city and county of this comprehensive solid waste solid waste management (so WHEREAS, Chapter 45§B.306 of the Code of Iowa that all cities and counties shall file with the Iowa Department Natural a comprehensive plan detailing the method by which those waste redL :ion and recyc program requirements will be met, and that plan shall be updated consis nt with rules of the Environmental Protection Commission, and WHEREAS, an update of the Regional prepared and adopted by the East Centra City will fulfill its planning requiremen' Solid Waste Management Plan has been Council of Governments, and The City of Iowa its adoption, and; WHEREAS, the City Council Comprehensive Solid Waste to the State of Iowa's waste of City ement Plan, and rec, reviewed the update of the Regional he City Council of Iowa City is committed goals; NOW, THEREFORE, BE IT the East Central Iowa Management Plan, schedule, as attache that the City il of Iowa City, Iowa, hereby adopts ouncil of Governments Re Comprehensive Solid Waste make its best effort to put into :ion the implementation plan and Passed and appr~ this l[th day of Feb~'ua~'.y , 1997. MAYOR City Attorney's jccogsw/ecicog,res Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5138 RESOLUTION NO. 97-48 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS, INC. OF IOWA CITY, IOWA, TO PROVIDE ENGINEERING CONSULTANT SERVICE FOR SOUTH SYCAMORE REGIONAL STORM SEWER PROJECT WHEREAS, the South Sycamore area does not have adequate topographic relief to provide good surface drainage and allow reasonable construction of new subdivisions with on-site storm water management facilities; and WHEREAS, a regional storm water management facility would improve drainage, reduce runoff, conserve natural resources, lower maintenance costs, create a greenspace corridor, and allow development with functional public utilities; and WHEREAS, the cost for a regional storm water management facility may be recovered from subdividers within the service area of the regional facility; and WHEREAS, it is desirable for the City to own and maintain a single facility instead of several smaller facilities; and WHEREAS, MMS Consultants, Inc. has completed a regional drainage study and the preliminary design phase; and WHEREAS, approval of this agreement will direct MMS Consultants, Inc. to perform storm water project final design, proceed with easement plat preparation, establish a service area, and perform embankment and underpass preliminary and final design; and WHEREAS, an Agreement for professional engineering services has been negotiated with MMS Consultants, Inc.; and WHEREAS, it is in the public interest to enter into said Consultant's Agreement with MMS Consultants, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in duplicate. Resolution No. 97-48 Page 2 Passed and approved this 11th day of February. , 1 997. ATTEST: ~, CITY CLERK City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X' X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\sycasewr.res CONSULTANT AGREEMENT for the South Sycamore Regional. Storm Water Management Project THIS AGREEMENT, made and entered into this J/ day of ~r~,.~ ,1997, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as [he City and MMS Consultants, Inc. of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, land development is occurring in the South Sycamore Street drainage area which includes approximately 600 acres, 1/4 of which is within Iowa City south of Highway 6 and 3/4 is in Johnson County and which area naturally drains southeasterly via an unnamed tributary of Snyder Creek, hereinafter called the Regional Watershed; and WHEREAS, topography within the Regional Watershed is very flat, the land drains poorly and it will be very difficult for individual land developers to construct small storm water management facilities within each development; and WHEREAS, the City intends to construct a multifaceted project with a variety of components to improve drainage, reduce runoff, conserve natural resources, create a greenspace and drainage corridor system for the Regional Watershed area and to construct an arterial east west parkway embankment with pedestrain underpass near the outlet of the drainage corridor; and WHEREAS, MMS Consultants has completed a preliminary design, report and drawings for the South Sycamore Regional Storm Water Project; and WHEREAS, the City Council deems it in the public interest to enter into an agreement with MMS Consultants, Inc. for consulting services to construct storm water management improvements to the South Sycamore Regional Watershed area. NOW, THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant shall provide for the City professional engineering services in all phases of the project to which this agreement applies as hereinafter provided. These services include serving as City's professional engineering representative for the project, providing professional engineering consultation and advice, and furnishing surveying, civil, structural and environmental engineering services; Also included are geotechnical and groundwater investigations, property and easement surveys and plats, legal descriptions and identification of property owners. Consultant agrees this scope of services shall define the work to be performed by the Consultant. To this end, Consultant agrees to perform the following services for the City and agrees to do so in a timely manner. -2- Ae Final Design Phase-Drainage Project Conduct additional field topographic surveys required for design and construction of the Project Facilities and to locate the wetlands delineated by others. Verify existing storm sewer and agricultural field tile elevations and locations. Locate utilities in vicinity of proposed construction. Evaluate the proposed project construction work with respect to compliance with the City Sensitive Areas Ordinance and Grading Ordinances. 4. Prepare final design calculations and construction drawings. Prepare detailed construction specifications and contract documents using the City standard specifications modified as necessary to satisfy specific design considerations. Submit and discuss drawings at the 20% (outline stage) and 80-90% (final review stage) with the City and other local authorities. w Prepare environmental designs, wetland mitigation plans and permit applications and correspond with the Army Corps of Engineers (COE), Iowa Department of Natural Resources and Johnson County. It is assumed the wetland delineation will be provided by the COE and/or the Natural Resources Conservation Service (NRCS.) Prepare final quantities and an opinion of probable construction cost at the 90% completion stage. Preliminaq/Design Phase-Parkway Project Conduct the field topographic services and prepare the design of the horizontal and vertical alignment and cross section for the proposed parkway alignment from the existing soccer field road to a point approximately 500 feet northeast of the southwest corner of the Saddlebrook subdivision. Develop and compare reasonable alternatives for the culvert/pedestrian underpass structure including a review of geometry, construction materials, aesthetics, lighting, safety, hydraulic capacity and develop a preliminary cost estimate for each. 3. Prepare sketches and/or drawings of the recommended designs for presentation. Participate in meetings and contacts with the staff, City Council, land owners, public and regulatory agencies as requested. Final Design Phase-Parkway Project 1. Prepare final design calculations and detailed construction drawings. 2. Evaluate the proposed project construction work with respect to compliance with the City Sensitive Areas Ordinance and Grading Ordinances. 3. Submit and discuss drawings at the 20% (outline stage) and 80-90% (final review stage) with the City and other local authorities. -3- Prepare environmental designs, wetland mitigation plans and permit applications and correspond with the Army Corps of Engineers, Iowa Department of Natural Resources and Johnson County. Prepare final quantities and an opinion of probable construction cost at the 90% completion stage. o Prepare detailed construction specifications and contract documents using the City standard specifications modified as necessary to satisfy specific design considerations. It is anticipated the earthwork will be a part of the drainage construction contract, but the structural construction may be let as a separate contract. Participate in meetings and contacts with the staff, City Council, land owners, public and regulatory agencies as requested. Fasement and Land Acquisition Phase Conduct preliminary surveys, prepare easement acquisition plats and legal descriptions and prepare fee title acqusition plats and descriptions for use by City Attorney or legal services and appraisal services for construction of the Project Facilities. 2~ Establish temporary markings on all tracts of land where easements are required and place property pins where land is purchased by fee title for information of City, property owners and appraisal services. Respond to technical questions from appraisers and property owners during the easement acquisition process. - Communicate with City staff and legal services to effect recording of easements, deeds and plats. Engineering and surveying activities and costs will be separated into the two project accounts for the drainage improvements and parkway improvements. Drainage Assessment Area Description Prepare a legal boundary description and plat for the area within the project assessment area for use by City in the investment recovery. Include a tabulation of owners and calculation of the land areas outside of the City corporate limits and the land within the corporate limits. Participate in meetings and contacts with the staff, City Council, land owners and public as requested. Bidding & Award Phase Prepare bidding forms and contract documents using City standardized formats, including notices. It is assumed there will be three contracts for earthwork, culvert and vegetation construction work. -4- Distribute advance notice to bidders two (2) weeks before the public hearing. Distribute plans and specifications to contractors after public hearing. Include the costs for printing, distribution, mailing or shipping of bidding documents and Issuance of addenda. Answer questions or give additional instructions to City staff and/or bidders, as necessary. Conduct a pre-bid meeting with the contractor(s), City staff and others. Assist at the bid opening, tabulate the bids received, make an evaluation and provide a recommendation of the award of the contract(s). Issue notice of award and obtain executed contract documents from successful bidder(s). Construction Phase 1. Conduct a pre-construction meeting with the contractor(s), City staff and others. 2. Perform construction layout staking and provide the horizontal and vertical control for the construction. Provide temporary markings for the easements. 3. Review and comment on shop drawings. 4. Draft change orders for use by City staff. 5. Make periodic site visits to evaluate the contractor's activities and progress. This does not include daily or full-time inspection of the project. 6. Draft monthly requests for payment and make recommendations to the City. 7. Conduct or witness final inspections and tests of performance. Prepare a final punch list of incomplete work. 8. Prepare Record-of-Construction plans for the completed improvements. 9. Attend periodic meetings and report to the City staff. Additional Services The following additional services will be provided by the Consultant upon request. Separate proposals will be prepared as necessary for additional services. When requested or authorized, these services will be provided on the basis of current hourly rates or a negotiated lump sum fee. 1. Daily project inspection services as requested by the City. Geotechnical engineering services for all soil borings, soil investigations, soil testing and other materials testing required. -5- 3. Landscape architectural design services for the design or construction of landscaping, tree plantings, parkland and trail improvements. Services or Expenses which shall be Provided by City 1. Furnishing of abstract, appraisal or legal services and documents for easements and land purchases. 2. Recording easements and land purchases. 3. Application and permit fees. 4. Costs payable to landowner(s) for easements or purchase of land. 5. Expenses for all soil borings, soil investigations, soil testing and other materials testing required. 6. Daily inspection of construction, monthly measurement and pay estimates, and monthly reports of construction progress. Services not Included in this Proposal 1. Environmental assessments and/or impact statements. 2. Investigation and/or mitigation of hazardous materials, if any. 3. Site specific wetland delineations which are services assumed to be provided by the COE or NRCS. 4. Coordination, communication and permit applications with the US Fish and Wildlife Service or State Historical Office. ~11. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Final Design Phase - Drainage Project: The final design, construction drawings and specifications will be completed within one hundred twenty (120) days after written execution of this Agreement. Preliminary Design Phase - Parkway Project: The preliminary design and drawings will be completed within thirty (30) days after written execution of this Agreement. Final Design Phase - Parkway Project: The final design, construction drawings and specifications will be completed within ninety (90) days after approval of the Preliminary Design Phase - Parkway Project and separate authorization to proceed. F:asement and ~ and Acquisition Phase: The Consultant's work will be completed within sixty (60) days after approval of the land requirements at approximately the mid point in the Final Design Phase with a separate authorization to proceed. Drainage Assessment Area Phase: The Consultant's work will be completed within thirty (30) days after approval of the Final Design Phase and a separate authorization to proceed. Bidding Phase and Award Phase: The schedule will be determined by the City. Construction Phase: The schedule will be determined by the City. III, A. Do Fo GENERAL TERMS The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amounts listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. -7- The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. A. Bo F Go COMPENSATION FOR SERVICES The Consultant shall be paid at his/her hourly rate as set forth in the attached Exhibet A, with the total fee for each phase to be within the fee range listed hereinbelow for the each phase. Billing statements and written progress reports shall be submitted monthly for payment by the City. Final Design Phase - Drainage Project: The Consultant's fee for this phase shall range between $45,000.00 and $55,000.00. Preliminary Design Phase - Parkway Project: The Consuitant's fee for this phase shall range between $5,000.00 and $5,500.00. Final Design Phase - Parkway Project: The Consultant's fee for this phase shall range between $14,000.00 and $16,500.00. Easement and Land Acquisition Phase: The Consultant's fee for this phase shall range between $17,500.00 and $20,500.00. Drainage Assessment Area Description: The Consultanrs fee for this phase shall range between $5,000.00 and $6,750.00. Bidding and Award Phase: Fees will be negotiated at a later date. Construction Phase: Fees will be negotiated at a later date. -8- MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. FOR THE CITY Title: '?Y~.~' Date: ~/,, ~? A'I-I'EST: ~ It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement. that it is the entire Agreement, and that no other monies or considerations have been solicited. Date: 2 - / -- ~7 City Attorney's Office Date 0339113~agrernnt4.J97~l/30/97 WOl~K corm'. 11 12 13 14 21 22 23 24 31 32 33 41 42 43 44 61 62 63 71 72 82 86 Exhibit 'A' to Agreement MMS CONSULTANTS, INC. 1997 RATE SCHEDULE D~'.SCRIPTION Professional Engineer I Professional Engineer II Professional Engineer III Professional Engineer IV Landscape Architect I Landscape Architect II Landscape Architect III Landscape Architect IV Land Surveyor I Land Surveyor II Land Surveyor III Engineering Technician I Engineering Technician II Engineering Technician III Engineering Technician IV Survey Party Chief Rodman/Chainman Instrument Man Const. Survey Party Chief Const. Rodman/Chainman Clerical Expert Witness AMOUNT/HOUR $60.25/Hr. $56.00/Hr. $53.00/Hr. $50.25/Hr. $60.25/Hr. $56.00/Hr. $46.00/Hr. $35.00/Hr. $60.25/Hr. $56.00/Hr. $53.00/Hr. $48.50/Hr. $41.25/Hr. $36.75/Hr. $31.25/Hr. $42.00/Hr. $32.00/Hr. $29.00/Hr. $47.00/Hr. $37.00/Hr. $23.00/Hr. $90.00/Hr. Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. 97-49 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to implement future development and operational plans to continue landfilling operations on the currently permitted site; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard. R.-Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 11th day of ,1997. CITY CLERK MAYOR City Attorney's Office ppweng\landfi12.res Resolution No. 97-49 Page 2 It was moved by V~nderh0ef and seconded by adopted, and upon roll call there were: I Phman the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this /I day of ~ I~ ,-~.~,-~. ,1997, by and between the City of Iowa City, a municipal corporation, hereinafter referre(~ to as the City and Howard R. Green Company, of 4250 Glass Road NE, Cedar Rapids, Iowa, 52402, hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City desires to provide solid waste disposal services to all solid waste generators doing business or residing in Johnson County and the cities of Riverside and Kalona, and; WHEREAS, the City of Iowa City also desires to provide said solid waste disposal services by accomplishing the most effective development and operation of its existing sanitary landfill, through a defined process of planning and development of operational plans and specifications, as required to comply with applicable IDNR regulations. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. IA, SURVEYING OF GROUNDWATER MONITORING WELLS AND LEACHATE PIEZOMETER WELLS Several wells are in need of repair or are mislocated based on previously-supplied data. It will therefore be necessary to resurvey the location and reference elevations of all monitoring and piezometer wells, following completion of repairs by the City. Horizontal and vertical control will be that currently established at the landfill (pre-1983 State Plane coordinates and NGVD 1929 datum). lB, TOPOGRAPHIC SITE MAPPING Aerial photography of the site was completed in April, 1996. To provide for accurate scaling of the final maps, field surveying in the form of horizontal and vertical ground control will be completed. Based on this data, a 1"= 200' scale map with contours at two feet intervals will be prepared. Map data will also be supplied electronically in AutoCAD drawing file format. Scaled half-tones (1" = 50') on 24" x 36" sheets will also be supplied. The existing survey control monuments at the landfill appear to be tied to the-State Plane Coordinate System (pre-1983 adjustments and changes) and to NGVD 1929. This same monument system will be used to establish ground control for the proposed topographic mapping work. O:~PROJ\719250~GREEMNT.WPD -1- IC. REVISED HYDROLOGIC MONITORING SYSTEM PLAN The current Hydrologic Monitoring System Plan (HMSP) needs to be updated for the expansion area. Monitoring wells MW-20A, MW-21A, MW-26A, MW-27A, MW-28A, and MW-28C are within the footprint of the expansion. Sampling of these should be discontinued, and these wells should be properly plugged and abandoned in the future. Depending on the location of future waste boundaries and the timing of the development, additional wells may be needed. This scope covers only preparing the revised HMSP document for submittal to IDNR, including defining the number, location and depths of additional wells that will be required at a later date, and development of a revised water table map and potentiometric maps of the sand aquifer and the bedrock aquifer in accordance with Permit Amendment #1 and I DNR's letter of August 29, 1996. Well plugging and installation may not be needed until late 1997 or 1998, thus a Scope of Services for that work will be presented later. ID. LEACHATE CONTROL PLAN/REMEDIALACTION PLAN An evaluation of historical leachate-related information (leachate piezometer levels, volume pumped, etc.) was conducted and summarized in a report to IDNR by HRG (Leachate Control Performance Evaluation Report -- May, 1996.) A similar report is to be prepared and submitted to IDNR, incorporating information obtained subsequent to April, 1996. In addition, supplements to the Leachate Control Plan (LCP) and Remedial Action Plan (RAP), defining proposed additional leachate control measures with an implementation schedule, are to be submitted to IDNR. IDNR had originally requested submittal of these documents by November 30, 1996. Through further discussions with IDNR staff, it was agreed that the leachate issue is uniquely complex. Further, it was agreed that' additional information beyond the basics of leachate levels and volume pumped is necessary to fully define the extent and origin of the groundwater contamination that is present, primarily in the northeast part of the landfill property. In part, a further definition of contaminant probability from the former leachate drains and storage lagoon system, as well as more knowledge of the construction of the new toe drain system, is needed. In accordance with IDNR staffs preference we propose a three-stage approach to addressing this issue. First, as originally required by IDNR, we will prepare an update to the May 1996 Leachate Control Performance Evaluation Report, incorporating additional data obtained since that time. Next, we will prepare a short summary document discussing what is already known concerning the observed groundwater problem, and outlining remaining questions and the specific future work that will be done to obtain the needed information. This specific future work may also include additional drilling and/or exploration using a backhoe for the purpose of identifying and verifying possible leachate contamination. Also, soil and groundwater sampling and analyses may be required to help define the physical limits of contamination. Any needed field work can be done in late winter 1996 or spring 1997, to complete the second step of this approach. The preparation of additional .Leachate Control Plan and/or development plan updates and a Remedial Action Plan would then take place later in 1997, .as the third step of this approach. O:~PROJ\719250~AGREEMNT.VVPD -2- Since the cost associated with preparation of the updated Leachate Control Performance Evaluation Report is included in a previously-executed agreement with the City, this Scope of Services includes only the second step, to include review of landfill excavation plans for the northeast part of the site, review of plans for the existing leachate collection system for the east part of the site, review of existing soil borings logs and water table elevations for the northeast portion of the landfill, completing a definition of contaminant levels at affected monitoring wells, addressing potential contaminant from the former system, and preparation of the summary document. The conclusions section of the document will include recommendations_for possible field exploratory work and leachate contamination verification, and an implementation schedule to do the exploratory work and to develop the subsequent LCP and RAP supplements. IE. DEVELOPMENT AND OPERATIONAL PLANS ANp SPECIFICATIONS (DOPS) To provide for optimal utilization of the remainder of the existing site, development plans with supporting documentation will be prepared and submitted to IDNR for approval. Initially, the areas considered will be that bounded by cell FY96, the center and west haul roads and the construction and demolition (C&D) fill area. The area will be developed as two or three additional cells, with consideration for wet weather disposal, leachate collection, groundwater collection and surface runoff/run-on-control. Inclusion of additional areas will be studied, specifically FY72 - FY78 and the old C&D area which may be mined out for development as new fill areas. This will also consider leachate collection including the costs for pumping and treatment. Reconfiguration of the remaining site area will also consider the need for future landfill gas control. In the absence of current IDNR regulations, this effort will look at a general gas collection system configuration, to provide for gas collection from both previously filled areas and the remaining area, with consideration for ultimate vertical expansion of the site. The economics of ultimate developmentwill be compared to the relative cost of closure of the existing site with transfer of generated waste to a regional facility. Such comparison will study the minimum waste volume required to justify the continued operation of the landfill facility by the City of Iowa City. As a minimum, consideration will be given to purchase of the immediate area east of cells FY72/73 (north of FY74-77), to "square off' this corner of the site, thus allowing for more ultimate development. Additional land purchase to allow for further horizontal northerly expansion will be considered in lieu of vertically expanding over existing/former cell areas. Supporting development documents will address fault, seismic and unstable areas considerations; airport safety, flood plain and wetland considerations; restrictions associated with historical, archaeological and ecological issues; and consideration of Iowa City's Sensitive Areas Ordinance requirements. The historical, archaeological and ecological factors will require clearances from the State Historical Society of Iowa and the U.S. Fish and Wildlife Services Department. Since this is an already disturbed site and similar documentation has been previously obtained, it is anticipated no field investigative work will be required, thus none is covered by this Scope of Services. O:\PROJ\719250V~GREEMNT.WPD -3- If. REVISED CLOSURE/POSTCLOSURE PLAN Formal closure has been accomplished on only those areas filled prior to October, 1989. These areas have the minimum of 2' of cover. Areas filled after October 1989 require a total of 4' of cover (2' compacted layer and 2' vegetated layer. To date portions of FY91, and that portion of FY89 that received waste after October, 1989 have been covered. None of the areas filled after October 1989 have undergone formal closure, including submittal of Closure Certification to IDNR. The current Closure/Postclosure Plan will need to be revised to address the status of the existing landfill including new construction, planned landfill expansion (horizontal) which will utilize the remainder of the site, and changes in the Development and Operational Plans and Specifications. The revision will incorporate all the requirements as they are listed in the Iowa Administrative Code [567] 103.2(13) and (14). The revised plan will reflect pertinent changes in the revised monitoring system plan and leachate control plan, as well as any changes in closure and postclosure activities. A checklist for closure and postclosure activities will be prepared to address the entire landfill. IG. OPTIONS STUDY Optimization of the existing site is dependent upon several factors, or options. First, it is desirable to complete development, through the construction of additional cells, as a horizontal expansion in the remaining undeveloped area. To do so effectively, consideration will be given to mining out the old construction and demolition (C&D) disposal area. Additional efficiencies can be gained by mining out other waste areas (ie: FY72), followed by reconstruction of larger, deeper and more efficient waste cells in these areas. Ultimately, this may include the mining out and replacement of cells FY72-74, 75 and 78. Acquisition of the non-owned area in the northeast corner of the landfill will provide for additional disposal space. Finally, implementation of these options will allow for substantial vertical expansion, subject to resolution of the leachate migration problem. Mining out of these areas will not only provide additional waste disposal capacity, but will serve to resolve the leachate problem by direct elimination. This Scope of Services includes studying these various options to determine development and layout schemes for the proposed cells. Costs associated with mining and redevelopment activities will be determined. Closure costs, as well as the cost for post closure activities will be determined, all based on present day costs. In addition, probable costs for remediation to eliminate the leachate migration problem will be developed. Finally, these options and related costs will be compared to that for transfer of waste to a regional facility. As a result of this study and the associated cost comparisons, we will determine the most effective life span, or development scheme for the existing site. From this information we will also determine at what point in time, or at what minimum rate of waste disposal, the existing site will cease to be an economically effective system. With this information, the City can then make the final decision as to the ultimate use of the existing site. O:~PROJ\719250~AGREEMNT.WP D -4- II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Landfill Expansion IA. lB. IC. Id. IE. Survey groundwater and leachate wells - Topographic site mapping - Revised Hydrologic Monitoring System Plan - Leachate Control Plan/Remedial Action Plan (Summary Document only) - Development and Operational Plans and Specifications (DOPS) - Revised Closure/Postclosure Plan - Options Study - February 15, 1997 February 15, 1997 July 1, 1997 February 22, 1997 July 1, 1997 August 30, 1997 June 15, 1997 III. GENERAL TERMS Ao The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. Do It is understood and agreed that the retention of the Consultant by' the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, · but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. O:\PROJ\719250~AGREEMNT,WPD -5- Ko Lo ao It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Odginal contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for secudng approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES Item IA. Surveying of Groundwater Monitoring Wells and Leachate Piezometer Wells. The fee for surveying all groundwater monitoring wells and all leachate piezometer wells is $7,400.00. Item lB. Topographic Site Mapping. For engineering services related to Topographic Site Mapping, the fee is $8,650.00. Item IC. Revised Hydrologic Monitoring System Plan. For engineering services related to a Revised Hydrologic Monitoring System Plan the fee is $13,200.00. Item ID. Leachate Control Plan/Remedial Action Plan. For engineering services related to preparation of the Summary Document the fee is $8,250.00. O:~PROJ\719250~AGREEMNT. VVPD -6- Item IE. Item IF. Item IG. Development and Operational Plans and Specifications (DOPS). The fee for preparation of Development and Operational Plans and Specifications is $78,200.00. Revised Closure/Postclosure Plan. For engineering services related to preparation of a Revised Closure/Postclosure Plan the fee is $9,200.00. Options Study. The fee for completion of the Options Study is $33,600.00. MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: ~l~o~- Date: ATTEST: ~__~ FOR THE C~NSU~ANT ~Ytle:-~Presidel'tt/~ Date: January 15. !997 O:\PROJ\719250~AGREEMNT.WPD -7- Prepared by: Chuck Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240; 319- 356-5141 RESOLUTION NO. 97-50 RESOLUTION APPROVING FUNDING OF A CONTRACT CHANGE ORDER FOR THE CONSTRUCTION OF CONTRACT 1 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS THE SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT, TO COMPLETE THE HIGHLAND AVENUE STORM SEWER. WHEREAS, Park Construction Company, being the lowest responsible bidder, was awarded the construction contract for the above-named project on December 5, 1995; and WHEREAS, the City desires to change the work to include installation of the Highland Avenue Storm Sewer; and WHEREAS, the Highland Avenue Storm Sewer project includes storm sewer and paving, and storm sewer and paving are also included in the current contract with Park Construction for the Wastewater Treatment Connection project along a portion of the route planned for the Highland Storm Sewer; and WHEREAS, incorporating construction of the Highland Avenue Storm Sewer with the Highland Avenue Sanitary Relief Sewer will result in cost savings to the City and minimize disruption to private property; and WHEREAS, Park Construction Company has submitted a change order in the amount of $603,91 5.20 to complete the Highland Avenue Storm Sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The use of City funds for the construction of the Highland Avenue Storm Sewer pursuant to said Change Order is hereby approved. The City Manager is authorized to sign said Change Order for construction of the Highland Avenue Storm Sewer and any other documents necessary to implement the project. Passed and approved this ~[lth day of Feb~'uar.y ,1 997. , (~ITV CLERK pweng\parkcons. r~s MAYOR City Attorney's Office Resolution No. 97-50 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberr.v the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: January 31, 1996 To: City Council From: Chuck Schmadeke Re: Highland Avenue Storm Sewer Project For the past several years, during extremely heavy rainstorms, the most recent being in 1993 and 1995, the commercial businesses west of Plum Street and near Highland Avenue have experienced flooding of their properties. Pip printing, for example suffered $400,000 damage within their building in 1995 (see attachment). The section of Highland Avenue west of Plum Street serves as the receiving stream for the large drainage area bounded by Hwy #6 on the south, Kirkwood Avenue on the north, Yewell Street on the east, and Gilbert Court on the west. Water then flows along a private driveway adjacent to Pip Printing to the box culvert under Hwy #6. The box culvert restricts flow from the north resulting in additional ponding and flooding. To resolve this problem, Public Works, at the request of City Council, initiated the design of a storm sewer along Hwy #6 and Highland Avenue from Ralston Creek to Plum Street. The design was completed by Stanley Consultants of Muscatine and submitted to the City in December. The estimated construction cost is $581,936.20. The City's current contractor for the South River Corridor Sewer Project, Park Construction Company, is working in the same area and will be installing sanitary sewer along the same general route as the proposed storm sewer. Public Works, therefore, negotiated a change order with Park Construction Company to perform the work. The negotiated change order totals $603,915.20 which is 3.78% over the engineer's estimate. Public Works recommends Council approve funding of the negotiated change order for the following reasons: This work should be completed to eliminate flooding and the resultant costly commercial property damage. · The flooding is not the result of poor design within the commercial area, but is the result of inadequate storm sewers throughout the total drainage area. · Bidding this project separate from the current work along Highland Avenue will require one of the following: the removal of new work installed by Park Construction Company, the closing of Highland Avenue for several months, or deletion of current work under contract with Park Construction Company. · The change order cost is 3.78% over the engineer's estimate. The engineer's estimate was based, in part, on the low bid received from Park Construction Company on the River Corridor Sewer Project and, in fact, may be a low estimate. · Resolution of the Plum Street sanitary sewer problem and the storm sewer work under contract with Park Construction at the intersection of Gilbert Street and Hwy #6 will be delayed if the bidding process is used. · If two independent contractors perform work along Highland Avenue, it will be difficult to determine responsibility for maintenance of the work. For example, if the pavement cracks due to ditch settlement, is it because of sanitary sewer construction (Park Construction) or storm sewer construction (another bidder). Public works believes it is in the City's best interest to approve the change order submitted by Park Construction. ixi ~,o~' OC~0 ,I, Mn00 J,l:l:~ ~11 l:) w > Z Z 3: J.:~ U.i.$ J.U;IBlI~D 0 r~ Prepared by: Chuck Schmadeke, Director of Public Works, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 97-51 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT BETWEEN STANLEY CONSULTANTS, INC. OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSULT- ING SERVICES FOR THE WILLOW CREEK INTERCEPTOR SEWER PROJECT. WHEREAS, the City of Iowa City desires to own and maintain a wastewater collection system serving the entire city; and WHEREAS, providing a wastewater collection system which serves the entire city requires certain interceptor sewers to transport flows from major drainage areas to the wastewater treatment facilities; and WHEREAS, all major drainage areas except the Willow Creek drainage area have interceptor sewer service; and WHEREAS, the City now desires to complete construction of its interceptor sewer system; and WHEREAS, the City has previously obtained the services of Stanley Consultants, Inc. to design interceptor sewers and also prepare a preliminary design for the Willow Creek Interceptor Sewer; and WHEREAS, the City of Iowa City has negotiated an agreement with Stanley Consultants, Inc. for final design of the Willow Creek Interceptor Sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest of the City of Iowa City to enter into a consulting agreement with Stanley Consultants, Inc. for final design of the Willow Creek Interceptor Sewer. The Consultant Agreement between the City of Iowa City, Iowa and Stanley Consultants, Inc. of Muscatine, Iowa is hereby approved as to form and content. The Mayor and City Clerk are hereby authorized to execute the Agreement, which is attached hereto and incorporated by reference herein. Resolution No. 97-51 Page 2 Passed and approved this 11th day of Februar.y , 1997. ATTEST: ClT~ CLERK MAYOR Approved by _.. , City Attorney's Office It was moved by Thornberr~v and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X ,, X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pwadmin\stanley.res CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 20thday of February ,1997, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Stanley Consultants, Inc., of Muscatine, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City, Iowa is desirous of obtaining the services of a consulting firm in order to continue to improve and extend Iowa City's wastewater collection system; and WHEREAS, the construction of the Willow Creek interceptor sanitary sewer system is necessary in order to provide sanitary sewer service extension to growth and development areas in the west and southwest areas of Iowa City and to relieve and partially replace the deteriorated and overloaded southwest interceptor sewer; and WHEREAS, the Willow Creek Interceptor Sewer Project will finalize construction of the City's interceptor sewer infrastructure; and WHEREAS, the CITY now desires a consulting firm to prepare final design drawings and specifications for bidding and construction of the Willow Creek Interceptor Sewer; and WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with Stanley Consultants, Inc. of Muscatine to provide said services. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as follows: SCOPE OF SERVICES CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. A. Final Design Phase The Final Design will include final drawings and specifications for bidding and construction. Perform final design survey to supplement aerial mapping as needed for final sewer routes selected. CITY will obtain aerial photography coverage, provide .ground control, and provide digital aerial mapping database suitable for Intergraph CADD system. Coordinate with local utilities to obtain final locations of existing utilities. Obtain supplemental soil investigations along final selected sewer routes and at structure sites. Coordinate with affected regulatory/review agencies. City will obtain Phase I Cultural Resources Study. elm:ke:ie, a22:ia-eity.dra Page 1 II. 6. Prepare final de, sign computations. 7. Prepare final design drawings and specifications for a single contract based on improvements recommended in "Preliminary Design Report for Willow Creek Interceptor Sewer" prepared by Stanley Consultants. 8. Prepare easement plats for required easements and property plats for property required to be acquired. A total of 24 property parcels is anticipated. 9. Prepare estimate of project cost based on final drawing quantities. 10. Attend periodic progress review meetings in Iowa City. 11. Submit draft design drawings and specifications and discuss with CITY staff. 12. Incorporate review comments into final drawings and specifications. 13. Secure on the behalf of the City IDNR construction permit, IDOT utility accommodation agreement, Crandie Railroad crossing agreement, and required Corps of Engineers permits. C. Bidding Phase The Bidding Phase will obtain and evaluate bids and process documents for contract award based on one construction contract and one bid opening. 1. Develop list of qualified bidders. 2. Provide construction contract documents to prospective bidders. 3. Answer bidder's questions during Bidding Phase. 4. Prepare and distribute addenda. 5. Attend prebid meeting and bid opening. 6. Assist in evaluating bids received. 7. Assemble and process documents for contract award. TIME OF COMPLETION It is understood and agreed by and between the parties hereto that project schedule depends on input and interaction between the parties as well as other outside factors which may be unplanned and largely uncontrollable. Schedule milestones are therefore subject to adjustment based on actual conditions which occur during the course of the project. The' CONSULTANT shall complete the various phases of the Project in approximate accordance with the schedule milestone as follows: elm :kc:ie, a~2:ia-~ity.elm Page 2 me B. C. D. E. F. Start Final Design Submit Drat~ Drawings and Specifications Submit Final Drawings and Specifications Advertise for Bids Open Bids Award Contract February 1997 September 1997 October 1997 December 1997 January 1998 February 1998 III. GENERAL TERMS The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The CITY may terminate this Agreement upon seven (7) calendar days' written notice to the CONSULTANT. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all parties to said Agreement. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose ofthe'Project shall be as an Independent Contractor and shall be exclusive, but the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the Project shall be available by said CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the CITY, the CONSULTANT shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this Agreement ohn:kc:iea22:iut.~ity.¢lm Palgo 3 without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the CONSULTANT shall not be liable for the CITY's use of such documents on otherprojects. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisf_actorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement/b~ound invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the CITY. The CONSULTANT shall be allowed to keep Mylar reproducible copies for the CONSULTANTs own filing use. Mo Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY. IV. COMPENSATION FOR SERVICES Methods and Amounts: CITY shall pay CONSULTANT for services included in Scope of Services lump sum fee amounts as follows: Phase Description l,ump Sum Fee Final Design Phase $ 367,000 Bidding Phase $. 22,000 B. Payments CONSULTANT shall submit monthly statements for Final Design Phase in accordance with payment schedule tabulated below. The payment schedule is based on estimated percent of completion of CONSULTANTs Specified Services for the time specified. CITY shall review and approve, or negotiate with CONSULTANT, the actual percent complete based on actual work accomplished each month. CITY shall make prompt payments. Cumulative Percent of Final Design Task Description !.ump Sum Fee First Month 5 Second Month 12 Third Month 22 Fourth Month 35 Fifth Month 50 clm:kc:iea22:ia-city.clm Page 4 Sixth Month Seventh Month Draft Drawings and Specification Submittal Final Drawings and Specification Submittal 65 80 90 100 Vo CONSULTANT shall submit statements for Bidding Phase in accordance with payment schedule tabulated below. The fee schedule is based on estimated percent of completion of CONSULTANTs Scope of Services for each milestone listed: Construction Contract Percent of Bidding Phase Lump Sum Fee Willow Creek Interceptor Sewer Bid Opening Contract Award 60 40 MISCELLANEOUS Ao All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: Date: FOR THE CONSULTANT By: '~,,~~~c~ ~ Title: ~,r 'VC~. {)v't~.~t.3- CiW A~omey's Office Date clm:kc:iea~2:ia-city.clm Page