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.
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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.
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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.
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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.
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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.
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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.
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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.
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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'.
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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-
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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.
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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