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Home My WebLink About1997-06-03 ResolutionRESOLUTION NO. 97-168 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: Gunnerz - 123 E. Washington Street It was moved by Thornberry and seconded by as read be adopted, and upon roll callthere were: Vanderhn~f AYES: NAYS: ABSENT: 3rd day of June X X X X X X X Passed and a'pproved this Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ,1997 that the Resolution CITY CLERK Approved by O.ic. \danceprm.res Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 97-169 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Tobacco Outlet Plus #537 - 86 Sturgis Corner South Passed and approved this 3rd day of June , 1997. ATTEST: ~]'(~ CITY CLERK MAYOR Approve~/ City Attorney's Office It was moved by Thornberry and seconded by be adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution clerk\cigperm.res Prepared by: Chuck Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 97-170 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 7th day of June, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 3rd day of June , 1997. CITY CLERK MAYOR City Attorney's Office It was moved by Thornberry and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\scottsew,res Prepared by: Chuck Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 97-171 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 7th day of June, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 3rd CIT~ CLERK day of MAYOR June ,1 997. ,~Ap proved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be pweng\n-iarivr.res AYES: X X X X X X X NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: James Brachtel, Sr. Civil Engineer, 410 E. Washington, Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 97-172 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC- TION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 17th day of June, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 3r'd day of ,June , 19 97 ATTEST: CITY CLERK MAYOR A~l~r~ved by __ City Attorney's Office pwen¢southgate.res Resolution No. 97-172 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Rick Fosse, City Engineer, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143 RESOLUTION NO. 97-173 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC- TION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 17th day of June, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 3t'd day of June ,19 97 CITY CLERK pweng\sheridph.res MAYOR City Attorney's Office AYES: NAYS: ABSENT: X X X X X x X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef RESOLUTION NO. 97-174 RESOLUTION SETTING COMPENSATION FOR THE ACTING CITY ATTORNEY. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following position shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salary is hereby established effective May 20, 1997: Acting City Attorney - $49,842.00 Passed and approved this 3rd day of June ,1997. ATTEST: CIT~ CLERK It was moved by Thornberry adopted, and upon roll call there were: AYES: NAYS: clerk\actingca.res MAYOR City Attorney's Office and seconded by Vanderhoef the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5243 RESOLUTION NO. 97-175 RESOLUTION APPROVING FINAL PLAT OF WALDEN HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Walden Woods Associates II, L.L.P., filed with the City Clerk the final plat of Walden Hills, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northeast Corner of the North One-Half of the Southeast Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian, said Point being on the West Line of Walden Wood Parts 3-7, in accordance with the Plat thereof Recorded in Plat Book 32, at Page 3'9, of the Records of the Johnson County Recorder's Office; Thence S00°14'02" E, along said West Line, 1267.03 feet, to the Northeast Corner of the Tract of Land Conveyed to the City of Iowa City, Iowa, a municipal corporation, by Warranty Deed, Recorded in Deed Book 2059, at Page 97, of the Records of the Johnson County Recorder's Office; Thence S89°24'58" W, along the North Line of said Conveyed Parcel, 772.19 feet, to its intersection with the Easterly Right-of-Way Line of Primary Road No. 518 (218); Thence N45°02'14"W, along said Easterly Right-of-Way Line, 708.80 feet, to a Point 225.0 feet Radially distant Northeasterly from Centerline Station 1535 4- 00, Thence N47° 13'55" W, along said Easterly Right-of-Way Line, 751.84 feet, to its intersection with the West Line of the East 15 Acres of the Northwest Quarter of the Southeast Quarter of said Section 18; Thence NO0°18'02"W, along said West Line 249.76 feet, to the North Line of the North One-Half of said Southeast Quarter; Thence N89°34'04"E, along said North Line 1821.79 feet to the Point of Beginning. Said Tract of Land contains 40.54 Acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. Resolution No. 97-175 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The May.or and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 3rd day of June ,1997. CITY CLERK MAYOR It was moved by Lehman and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\waldenfi. res Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 97-176 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF MEADOW VIEW SUBDIVISION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Dean Oakes, filed with the City Clerk the final plat of Meadow View Subdivision, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described read estate in Johnson County, Iowa, to wit: Commencing at the Southeast Corner of the Northeast Quarter of Section 25, Township 80 North, Range 6 West, of the Fifth Principal Meridian; Thence N90°00'OO"W, (a recorded bearing), along the South Line of said Northeast Quarter, 1 97.84 feet, to its intersection with the Northwesterly Right-of-Way Line of Iowa Highway No. 1, and the Point of Beginning; Thence continuing N90°00'OO"W, along said South Line, 1103.31 feet, to its intersection with the Southerly projection of the Easterly Line of Auditor's Parcel 94022, in accordance with the Plat thereof Recorded in Plat Book 37, at Page 177, of the Records of the Johnson County Recorder's Office; Thence NOO°37'22"W, along said Southerly Projection, Easterly Line, and Northerly Projection thereof, 1316.93 feet, to its intersection with the North Line of the Southeast Quarter of said Northeast Quarter; Thence N89 °58'36" E, along said North Line, 813.43 feet, to its intersection with the Centerline of Buchmayer Bend; Thence S25°39'04"E, along said Centerline, 447.01 feet; Thence Southeasterly, 470.51 feet, along said Centerline on a 1250.00 foot Radius Curve, concave Southwesterly whose, 467.73 foot chord bears S14°52'05"E; Thence S04°05'05"E, along said Centerline, 333.71 feet, to its intersection with the Northwesterly Right-of-Way Line of Iowa Highway No. 1; Thence S14°21'45"W, along said Northwesterly Right-of-Way Line, 133.47 feet, to the Point of Beginning. Said Tract of Land contains 31.50 Acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Resolution No. 97-176 Page 2 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1 997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 3rd day of ,June , 1 997. ATTEST: CITY CLERK MAYOR Ap r~p_Eg..~d by .~ / ,,,~ It was moved by Baker and seconded by Norton adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\meadovw.res STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0003. Meadow View Subdivision Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Prepared by: Scott Kugler Date: May 1, 1997 Dean Oakes Oakes Construction Co. PO Box 1456 Iowa City, Iowa 52244 Phone: 331-1144 MMS Consultants 1917 S.'Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a 10-lot residential subdivision West side of Buchmayer Bend at its intersection with Highway 1 31.5 acres Vacant, RS North: A1, Agriculture; East: A1, Agriculture and RS-3, Residential; South: A1, Agriculture and RS, Residential; West: A1, Agriculture and one single- family home. The Fringe Area Agreement permits residential development within Area A at an RS-3 density, and at an RS (one lot per acre) density if 50% of the property is set aside for open space or agriculture. City Rural Design 2 Standards apply to developments within Fringe Area A. Applicable Code requirements: Chapter 14-7, Land Subdivisions File date: February 25, 1997 45-day limitation period: Waived to June 1, 1997 60~day limitation period: June 15, 1997 BACKGROUND INFORMATION: The applicant, Dean Oakes, on behalf of property owner Oakes Construction Company, is requesting final plat approval of Meadow View Subdivision, a 31.5 acre, 10-lot residential subdivision located on the west side of Buchmayer Bend at its intersection with Highway 1. The preliminary plat for this property was approved by City Council in October of 1996 after many years of discussion and debate. In 1991, the County rezoned this property to RS despite the City's recommendation for denial and its conflict with the Fringe Area Agreement in place at the time. A preliminary plat filed in 1991 for the property was deferred indefinitely pending the negotiation of a revised Fringe Area Agreement. In 1996, the plat was resubmitted and received a recommendation for denial by staff due to design considerations and the plat's inconsistency with the policies of the Fringe Area Agreement and the Johnson County North Corridor Development Plan in terms of preservation of open space and environmentally sensitive areas. Later in 1996, a revised preliminary plat was filed that conformed more closely with the policies contained in the above referenced documents, and the plat was approved by both the City and the County. Approval of the final plat is the last step in the approval process for this development. ANALYSIS: Conformance with Subdivision Regulations and Approved Preliminary Plat: The proposed final plat appears to be in general conformance with the City's subdivision regulations and approved preliminary plat, with a few exceptions as noted below. Legal papers and construction drawings have not yet been submitted for this subdivision. Both must be approved prior to City Council consideration of the plat. At issue during the extended debate that occurred during the review of the preliminary plat was the lot layout of the subdivision, its design relative to a wooded ravine located on the property, vehicular access along Buchmayer Bend, and the potential traffic safety problems that may occur due to the configuration of the intersection of Highway 1 and Buchmayer Bend. The final plat, as well as the approved preliminary plat, addresses these items, as follows: Subdivision Lot Layout: The initial preliminary plat filed in 1991 and again in 1996 contained two large flag lots extending back along the north property line around the wooded ravine and occupying the west end of the property. Staff recommended denial of this configuration due to potential difficulties with emergency vehicle access and identification of the properties, and reduced access opportunities to adjacent properties due to the odd lot configuration. The approved preliminary plat and the final plat indicate that a private street will be installed to provide access to lots in this area, as well as adjacent properties. Environmentally Sensitive Areas: The initial preliminary plat indicated that the whole property would be divided into several lots, each occupying property within the wooded ravine as well as on the more easily developable portions of the property above the ravine. The Fringe Area Agreement and the North Corridor Plan both recommend that natural areas and wildlife habitat such as this be set aside as conservation areas rather than split into lots. The final plat indicates that over 14 acres of the property, representing most of the ravine, will be set aside as open space;, 13.48 acres to be covered by a conservation easement. Vehicular Access: The approved preliminary plat restricted access along Buchmayer Bend to three points. Lot 1 was to have its own access at the north end of the lot, and Lots 2 and 3 and Lots 4 and 5 would share driveways· Lot 6 was to have access only from Jenn Lane. The final plat contains notes restricting access along Buchmayer Bend. Shared access easements are shown for Lots 2-5, and a note is provided prohibiting vehicular access to these lots outside of the easement areas. Due to the reconfiguration of Buchmayer Bend and Lot 1, the restriction on the driveway location for Lot 1 is no longer necessary. Highway 1/Buchmayer Bend Intersection: When the City approved the preliminary plat, it also recommended that the County consider having the developer contribute toward the future improvements that may be necessary to the Highway 1/Buchmayer Bend intersection. This intersection is poorly aligned at the present time, with a very sharp angled configuration making visibility difficult for anyone exiting Buchmayer onto the highway. As residential development continues along Buchmayer Bend and traffic increases, this problem will become magnified. Therefore, the City recommended that this developer be required to contribute his fair share toward these improvements. The County has requested that additional right-of- way be dedicated to allow for the realignment of the' roadway in the future if it is determined to be necessary. The revised plat indicates that the additional right-of-way will be dedicated to the County. County staff has indicated that the roadway will not be realigned at this time, but the additional right-of-way is sufficient should it be determined to be necessary in the future. The legal papers should contain a legal description of the land being dedicated to the County for the future roadway realignment. STAFF RECOMMENDATION: Staff recommends that SUB97-0003, a request for final plat approval of Meadow View Subdivision, a 31.5 acre, 10-lot residential subdivision located on the west side of Buchmayer Bend at its intersection with Highway 1, be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the final plat be approved, subject to the approval of legal papers and construction drawings prior to Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: Legal papers have not yet been submitted. Legal papers should be received prior to consideration by the Commission, and approved prior to Council consideration. The labeling of the existing 50' access easement at the north end of the property needs to be made more clear. The purpose of Outlot C must be listed on the plat. The well easement should extend out to the right-of-way lines, and scales to more than the 40' x 40' indicated. ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development iSITE LOCATION ID-ORP ORP CO 1 RDP RS 5 ':,-' ORP / RR 1 '~ ID -RS f CH 1 P ID-ORP ID -RS LOCATION MAP SUB97-000,~ MEADOW VIEW SUBDIVISION , ~ ... r--- ........ '~ ~ ~'~,~ -" --l~ ~a~ ',,~ -~ ~,, ~,~ ~/~ ......... I ~ ~ I .,,~ ~/~ '"~ '~* i FINAL PLAT Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 97-177 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WILLIAMS WOODS SUBDIVISION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, W-Four Partners, filed with the City Clerk the final plat of Williams Woods Subdivision, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Commencing at the East quarter corner of Section 26, Township 79 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°04'05"W, along the Southerly line of the Southeast quarter of the Northeast quarter of said Section 26, a distance of 1321.42 feet to the Point of Beginning; Thence continuing S89 °04'05"W, along the Southerly line of the Southwest quarter of said Northeast quarter, 291.07 feet to a point on the centerline of U.S. Highway No. 1; Thence S66° 18'28"W, along said centerline, 727.68 feet; Thence NOO°16'55"w, 281.54 feet to a point on the Southerly line of said Southwest quarter of the Northeast quarter; Thence NO9°50'35"E, 412.33 feet; Thence N31 °48'42"E, 1073.73 feet to a point on the North line of said Southwest quarter of the Northeast quarter; Thence N89°39'29"E, along said North line 302.56 feet to the Northeast corner of said Southwest quarter of the Northeast quarter; Thence S00°51'59"E, along the East line of said Southwest quarter of the Northeast quarter, 1305.06 feet to the Point of Beginning. Said parcel contains 22.99 acres and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. Resolution No. 97-177 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 3rd day of June · 1997. MAYOR .?' x/y /' C~,.__~t t ° r n~.s/O f f i c e ~-~'z-Z.?_~ _~- It was moved by Th~rnbPrry and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadrnin\william2,res STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0011. Williams Woods Subdivision Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: Prepared by: Scott Kugler Date: May 1, 1997 W-Four Partners C/O Ed Williams 2968 Black Diamond Road Iowa City, Iowa 52240 Phone: (319)683-2652 MMS Consultants 1917 S, Gilbert St, Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a 4-lot residential subdivision North side of Highway 1, approx. one mile west of Sharon Center Road 22.99 acres Vacant, RS-5 North: Agricultural, A1; East: Residential, Agricultural, A1; South: Agricultural, A1, Residential, RS; West: Agricultural, A1. The Fringe Area Agreement calls for continued agricultural uses in Fringe Area C, but allows residential development at RS- 10 or RS-5 densities if clustering takes place. Chapter 14-7, Land Subdivisions April 9, 1997 2 45-day limitation period: May 24, 1997 60-day limitation period: June 8, 1997 BACKGROUND INFORMATION: The applicant, W-Four Partners, is requesting final plat approval of Williams Woods Subdivision, a 22.99 acre, four-lot residential subdivision located on the north side of Highway 1 West, approximately one mile west of Sharon Center Road. This property was rezoned to RS-5, Suburban Residential, last fall based on policies contained in the new Fringe Area Agreement. A preliminary plat was approved by Council on April 8. The Johnson County Board of Supervisors approved the preliminary plat on April 10. ANALYSIS: The proposed final plat appears to be in general conformance with the City's subdivision regulations, as well as the approved preliminary plat. Legal papers have been submitted and are under review. Construction drawings have not yet been submitted. Both must be approved prior to Council consideration of the plat. Subdivision Design Issues: The proposed final plat includes four building lots and three outlots, consistent with the preliminary plat. Each of the four building lots are one acre in size, and are to be accessed by a private road to be named Phebe Lane. The Fringe Area Agreement states that City Rural Design Standards apply to developments within Area C that are outside of the current adopted growth area. Phebe Lane as shown does meet City Rural Design Standards. The plat contains a note prohibiting direct vehicular access to Lot 4 and Outlot A from Highway 1. All vehicular access to these lots should come from Phebe Lane. A second note on the plat restricts access from Highway 1 to Outlot B for agricultural use only. Required Open Space: The Fringe Area Agreement requires that for RS-5 developments in this area, 80% of the property be set aside as open space to encourage cluster developments rather than sprawling, land-consumptive developments. It appears that 80% of the property is being set aside as open space, as required. Stormwater Management: Stormwater management has not been addressed on the proposed plat. Because the property is located within the Old Man's Creek watershed, stormwater management is not required. STAFF RECOMMENDATION: Staff recommends that SUB97-0011, a request for final plat approval of Williams Woods Subdivision, a 22.99 acre, four-lot residential subdivision located in Johnson County on the north side of Highway 1 West, approximately one mile west of Sharon Center Road, be approved, subject to the approval of legal papers and construction drawings prior to Council consideration of the preliminary plat. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. w-4final.doc Approved by: 3 Robert Miklo, Senior Planner Department of Planning and Community Development LOCATION MAP SUB97-0011 WILLIAM WOODS SUBDIVISION WILLIAMS WOODS SUBDIVISION JOHNSON COUNTY, IOWA 97 APR -9 PH 3: "" ............' ................................................... HA[RPERSON DATE {~V~'~ ~"' FINAL PLAT { ~ WILLIAMS WOODS SUBDIVISION P~T OF ~ ~W 1/4 OF ~E ~ 1/4 ~ ~ ~ I/4 OF ~ ~ OF 3~C. EO-~9N-~W-5~ P.~, EO~ON COU~, IOWA Prepared by: Dan Scott, Civil Engineer, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 97-178 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WYLDE GREEN SANITARY SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 1st day of July, 1997. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 15th day of July, 1997, or at such later time and place as may then be fixed. Passed and approved this 3~'d day of June , 1997 CITY CLERK City Attorney's Office pweng\wyldeph.res Resolution No. 97-178 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef P W y: D )356-5144 cCt hweaa:i~)gu~s~he~ Palsa%~iPr~ifil~tliaOv~,afnO(~r~heOf~eOanr~?~,~hefirrdeoenSt~.e of cost TNHOAV~:THEREFORE, ,E~,,TRESOLVED ,YTHEOOUNCl, OFTHE C~OF IOWA CITY, IOWA \ / 1. The plans, specification, form of contract and estimate of co, st/f~r the above-named project are hereby approved. ', / 2. The amount of bid securit?'t,o\ accompany each bid f~the construction of the above-named project shall be in the amount of 10% (ten percent) of/bid payable to Treasurer, City of Iowa City, Iowa. "'%, / 3. The City Clerk is hereby authorized~d direc, t~d to publish notice for the receipt of bids for the construction of the above-named project\ i,p/a newspaper published at least once weekly and having a general circulation in the city~/,.,, 4. Bids for the above-named project ar~,{o be re~jved by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Cent/el, until 10:30~.m. on the 8th day of July, 1997. Thereafter the bids will be opened by the/G1ty Engineer or h,i,s designee, and thereupon referred to the Council of the City of Iowa Cite Iowa, for action upo~ said bids at its next meeting, to be held at the Council Chambers, Cj~c Center, Iowa City, Iow~a,, at 7:00 p.m. on the 15th day of July, 1997, or at such later time~nd place as may then be fix'ed. Passed and approved this ,/ day of ,,, 19 / ATTEST: Cl ' CLERK pweng\wyl p~h,res MAYOR ApJ~-~v¢st. b y,,, City Attorney's Office " \ \ Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5236 RESOLUTION NO. 97-179 RESOLUTION RESCINDING RESOLUTION NO. 96-321 AND APPROVING THE DESIGN OF THE EXTERIOR ALTERATIONS TO SUITE 160, OLD CAPITOL MALL, 201 S. CLINTON STREET WHEREAS, the applicant, Brost Architects and Planners, has filed an application for design review approval of exterior alterations to Suite 160, Old Capitol Mall, 201 S. Clinton Street, Iowa City, Iowa, hereinafter "Project"; and WHEREAS, given that the Project consists of exterior alterations occurring on a parcel that was part of the urban renewal project known as Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the design of the Project; and WHEREAS, the City Council adopted Resolution No. 96-321, approving the design of the exterior alterations for the Project; and WHEREAS, the applicant proposes substantive changes to the design approved by Resolution No. 96-321, which substantive changes must be reviewed by the Design Review Committee and approved by the City Council; and WHEREAS, the design review application for the revised Project, a copy of which is on file in the Department of Planning and Community Development, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the Project be accepted and approved as submitted, subject to 1) the project containing only one facia sign on the center wall panel of the addition, as previously approved; 2) future review and approval of the raised plaza area adjacent to the Taco Bell project; and 3) the use of non-lighted window and door signage; and WHEREAS, the design of the Project is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 96-321, approving the design plans for the exterior alterations to Suite 160, Old Capitol Mall, 201 S. Clinton Street, Iowa City, Iowa, is hereby rescinded. Resolution No. 97-179 Page 2 The design plans for the exterior alterations to Suite 160, Old Capitol Mall, 201 S. Clinton Street, Iowa City, Iowa, be approved as submitted, subject to: 1) the project containing any one facia sign on the center wall panel of the addition, as previously approved; 2) future review and approval of the raised plaza area adjacent to the Taco Bell project; and 3) the use of non-lighted window and door signage. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. 4. Upon this approval, necessary permits may be issued for the Project upon full compliance with all applicable codes and ordinances. Passed and approved this 3rd day of June , 1 997. MAYOR ,d~,/~p roved by City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Thornberry AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ecodev\tacobres.wp5 City of Iowa City MEMORANDUM Date: May 29, 1997 To: From: Design Review Committee o~~ David Schoon, Economic Development Coordinat Re; Final Design Review Application for Exterior Alterations to Suite 160, Old Capitol Mall, Located North of the Clinton Street Mall Entrance (Taco Bell) Brost Architects & Planners have submitted revised design plans for exterior alterations to the proposed Taco Bell to be located in Suite 160, Old Capitol Mall. The revised design plans contain substantive changes from the design plans approved last December (copies of these approved plans are attached). These substantive changes require the Committee's review and recommendation and City Council approval. The most significant changes between the revised plans and the approved plans include the following: the Clinton Street entrance will now be located off of the most northerly wall of the addition. the Clinton Street entrance will be located off of a new raised plaza allowing the interior of the restaurant to be at one level. This raised plaza will be part of a raised plaza along the entire side of the building between Taco Bell and Talbots. Only a portion of the plaza will be constructed with the Taco Bell project. More details regarding the plaza will be presented at the Committee meeting. 3. the addition now will contain three Taco Bell signs rather than only one. The Design Review Committee is to submit a recommendation to the City Council for either approval, approval with conditions, or disapproval. The applicant has requested that this item be placed on the Council's June 3, 1997 formal agenda (the Council will review the project at its June 2' work session). If by chance the Committee cannot form a recommendation at its June 2, 1997, meeting, the Committee has until June 27, 1997, to make a recommendation to the Council. If this should happen, this item would be placed on a later Council agenda. CC: David Brost, Brost Architects & Planners Dierdre Castle, Old Capitol Mall f:\wp\tacobell.mem BROST ARCHITECTS 4209 TWIN RIDGE CT. S.E. P.O. BOX 1109 & PLANNERS CEDAR RAPIDS, IOWA 52406 MAY ;~8, I 997 DAVID S ,CHOON ECONOMIC DEVELOPMENT COORDINATOR IOWA CITY DEPT. OF PLANNING ~. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT DIVISION 410 E. WASHINGTON STREET IOWA CITY, IOWA 5;::> 240 REcE(VEb ..... .. P,C.D, DEPARTMENT RE: Taco BELL RESTAURANT Old CAPITOL MALL SUITE 160, LOCATED NORTH OF CLINTON ST. ENTRANCE DAVID: PLEASE FIND ATTACHED OUR "DESIGN REVIEW APPLICATION" AND TEN( I O) COPIES OF THE FOLLOWING INFORMATION WHICH SHOWS THE RESTAURANT FLOOR ELEVATION AT THE SAME LEVEL AS THE MAIN LEVEL OF THE MALL: I ) REvISed FLOOR PLAN AT I/8" = I I'011. 2) REVISED EAST ELEVATION AT I/4" = I '-0" 3) SPECIFICATION SHEET ON EXTERIOR SIGNAGE THE FOLLOWING INFORMATION IS PROVIDED AT YOUR REOUEST: THE EXTERIOR OF THIS ADDITION WILL BE CONSISTENT WITH THE EXISTING MALL MATERIALS. A. EXTERIOR ALUMINUM FRAMING AND GLASS WILL MATCH EXISTING CONSTRUCTION: DARK BRONZE FRAMING AND BRONZED TINTED GLASS. B. METAL FASCIA WILL MATCh EXISTING CONSTRUCTION: DARK BRONZE STANDING SEAM VERTICAL RIBS. C. AWNINGS: THERE WILL be Three(3) INDePeNDENt, TRaditiONal, NON-ILLUMINATED AWNINGS. COlOr TO MatCh MAGENTA Of Taco BELL SIGN. IF YOU HAVE ANY C)UESTIONS REGARDING THESE REVISIONS, PLEASE DO NOT HESITATE TO GIVE ME A CALL. MY CLIENT IS INTERESTED iN RESOLVING THESE CHANGES TO THE DESIGN AS SOON AS POSSIBLE SO WE CAN CONTINUE WITH OUR CONSTRUCTION. As DISCUSSED, THE MALL IS TAKING CARE OF THE DESIGN AND DETAILS OF THE RAISED PLAZa ITSELF WHERE THE STAIRS AND HANDICAP RAMPS WILL BE LOCATED. THANK YOU IN ADVANCE FOR YOUR EFFORTS. RESPECTFULLY SUBMITTED, DAVID L. Brost, ,JR., A.I.A., N.C.A.R.B. DAVID L. BROST - PRINCIPAL PHONE: 319-366-8531 DAVID L. BROST, JR, - ASSOCIATE FAX: 319-366-¢~o~ MAY-~7-~7 IS~OS FROM~C~ty o£ IOWA CITY ID:31~3SGS00~ PAGE DESIGN REVIEW APPLICATION Preliminary Review X Final Review (Check one) Addressof Project:OLD CAPITOL HALL, SUITE 160; NORTH OF CLINTON ST. ENTRANCE Na. me of Applicant: BROST ARCH ITECTS & PLANNERSPhone number:319-366-8531 Address: P.O. BOX 1109 FAX: 319-366-8532 City: CEDAR RAP I DS State: I OWA Zip: 52406 HEITMAN PROPERTIES OF Name of Property Owner: I.QWA, I Tr). Phone number:319-338-7858 Address:..O_LD CAPITOL CENTER, 201 SOUTH CLINTON, SUITE 300 City: I OWA CITY State: IOWA Zip: 52240 Contact Person; DAVID L. BROST, JR. Phone number: 319-366-8531 Project Description: TACO BELL RESTAURANT: ONE LEVEL (SUNKEN DINING HEITMAN ALO'NG CLINTON ST. Project Time Schedule' CONSTRUCTION ON THE TO PROCEED WITH FLOOR PLAN HAS BEEN REVISED TO SHOW ENTIRE SPACE ON AREA WAS DELETED) TO WORK WITH RAISED PLAZA PLANNED INTERIOR OF SPACE IS IN PROGRESS. EXTERIOR WORK AS SOON AS POSSIBLE. HY CLIENT WOULD LIKE BY Building elevations Sectional drawings Drawings of proposed signs(l) Lighting plan Additional information (as provided by the applicant); l) PROPOSED FLOOR PLAN: 5-6-97 3) LETTER DESCRIBING EXTERIOR 2) EAST ELEVATION: 5-6-97 MATERIALS: 5-28-97 Ten copies of all drawings and wri~en materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): Site analysis & site plan Landscaping plan Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal requirement. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, nocth arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5236. (1) If project' includes sig~$, ap131icant must alSO submit ~t sign application. Signature of Applicant: _. HANDICAP BUTTON FOR POWER ASSISTED A.D.A. DOOR -----~ RECESSED FI~E EXTINGUISHER MAIN ENTRANCE TO MALL HANDICAP SUTTON FOR PONER ASSISTED."' A,O.A. DOOR PROPERTY LINE/EDGE OF \\ V I II II II I , T'-- [q!' ~ %. ") II II Ijk/ I -./ II II EL. (+10t'-6") ~ REVISED FLOOR PLAN WITH PLAZA ALON6 CLINTON STREET SCALE: i/8" = 1'-0" DATE:5-6-97 N~ LEGEND OF W^LLS I i EXISTING CONSTRUCTION ;~ NEW CONSTRUCTION RAISED ; ~H i ~ ~' DISPLAY AREA _,~/% ,,'//x _ .. I""'-- ] FxO,'- ..../ -'¢-'s--i ....' EL. (+99'-4") ~ SUITE 160 NORTH 0F CLINTON ST. EN~A~E T0 HALL. 'BROST ~209 T~N P, O. BOX ARCHI~C~ c~oAn n,P~os, ~O~A ~~_~ EAST SCALE: NAY 6, ELEVATION 114" = t'-0" ~997 NEW RAISED PLAZA WITH STEPS, RAILING AND HANDICAP RAMP TO BE DESIGNED BY MALL-- NOTE: MAIN FLOOR ELEVATION IS APPROXIMATELY 2"-2" ABOVE SIDEWALK LEVEL IN THIS AREA. SlGN~GE. EXTERIOR Plasti-Line, Taco B®II Cloud [.stt~r ,' i Benefits ~r iden~ies store ~r Extends visual image Features v' Removable front face ," 20 amp, 120 voit circuit Plasti-Line's Taco B®/! Cloud Letter Set includes the words, "Taco" and with the logo. "Taco" and 'Be!l" are in purple letters trimmed in white. The mini g~phics include. a magenta bell with yellow clapper on a purple background trfmm-: in white. The front face can be removed for servicing. The "Taco' cloud includes two F36T12./DSGN50/HO lamps, one F24T12./DSGN50/P, lamp, and one Jefferson 256-272 ballast. The "Bell" cloud inctudes F36T12/DSGN50/HO lamp, one FT24T12/DSGN50/HO lamp, and one Jeffersc' 256-272 ballast. The mini bell includes two F36T12./DSGN50/HO lamps, F24T12/DSGN50/HO lamp, and one Jefferson 256-348 ballast. The total'connectJc load is 4.2 amps. Item 57915 57916 Ram 5791 5/91 Item Deacription Width ' Length c~o,.~, "raco" a~ '~' I ~,l- ?_ ,. Cloud, mini bell Type Structure Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5236 RESOLUTION NO. 96-321 RESOLUTION APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO SUITE 160, OLD CAPITOL MALL, 201 S. CLINTON STREET WHEREAS, the applicant, Brost Architects and Planners, has filed an application for design review approval of exterior alterations to Suite 160, Old Capitol Mall, 201 S. Clinton Street, Iowa City, Iowa, hereafter, "Project"; and WHEREAS, given that the Project consists of exterior alterations occurring on a parcel that was part of the urban renewal project known as Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the design of the Project; and WHEREAS, the design review application for the Project, a copy of which is on file in the Department of Planning and Community Development, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the Project, either Alternate "B" or Alternate "C," be accepted and approved subject to the design containing three independent, traditional, non-illuminated awnings along all three sides of the addition and that the color of the awnings match the magenta in the Taco Bell signs; and WHEREAS, the applicant has agreed to the Committee's conditions for approval; and WHEREAS, the design of the Project is found to conform with all of the applicable requirements of the Design Review Ordinance; and WHEREAS, given that the Project requires the use of a portion of the Clinton Street right-of-way, the approval of the design should be contingent upon the City and the property owner, Heirman Properties of Iowa, Ltd., entering into an easement agreement for temporary use of public right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The design plans, both Alternate "B" and Alternate "C," of the exterior alterations to Suite 1 60, Old Capitol Mall, 201 S. Clinton Street, be approved s01~je~¢t'to the design containing three independent, traditional, non-illuminated awnings along all three sides of the addition and that the color of the awnings match the magenta in the Taco Bell signs. ' The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. Upon this approval, necessary permits may be issued for the Project upon full compliance with all applicable codes and ordinances and upon the City and the property owner, Heitman Properties of Iowa Ltd., entering into an easement agreement for temporary use of public right-of-way. Resolution No. 96-321 Page 2 Passed and approved this 3rd day of December , 1996. MAYOR Approved by ATTEST: CIT~F-CLERK City Attorney's Office It was moved by Lehman roll call there were: AYES: and seconded by Thornberry NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be adopted, and upon ecodev\brost,res SIGNAGE - EXTERIOR O Plasti-Line, In. Taco Bell Cloud Letter S~ Benefits ¢r Identifies store '*' Extends visual image Features · 4' Removable front face v' 20 amp, 120 volt circuit Plasti-Line's Tc~co Bell Cloud Letter Set includes the words, "Taco" and "Be!' with the logo. "Taco" and "Bell" are in purple letters trimmed in white. The mini be. graphics include. a magenta bell with yellow clapper on a purple background trireme; in white. The front face can be removed for servicing. The "Taco" cloud includes two F36T12/DSGN50/HO lamps, one F24T12/DSGN50/HE lamp, and one Jefferson 256-272 ballast. The 'Bell" cloud includes one F36T12/DSGN50/HO lamp, one FT24T12/DSGN50/HO lamp, and one Jefferso~ 256-272 ballast. The mini bell includes two F36T12/DSGN50/HO lamps, one F24T12/DSGN50/HO lamp, and one Jefferson 256-348 ballast. The total connectio- load is 4.2 amps. PFS ; Vendor : Item # ; Item ~ Item De.~cription Wid~ ~ Length Height Type 57915 57915 Cloud, "'f'aco' a,-'41 'Bell' I ~,"- ~. tt Strutlure .57916 ~ b'7916 CIo~ld. m~i I~eJl _ Structure Finish .... L~ ~ ~i~ ~' ~- ~, r---- ALT, "B" PROPOSED EAST ELEVATION SCAL~ i/e' = t'--O' i EXIST. VESTIBULE STANDING SEAM METAL TO MATCH EXIST. METAL OF ENTRANCE. yTACO BELL SIGNAGE GLASS PANELS TO MATCH EXIST. BRONZE ALT. "B" PROPOSED SOUTH ELEVATION ~ALE: t/~' - 1'-0' REVISlOt~ OATE: I /~-TINTEO GLASS. .................. ' .....~//--ILLUMINATED FABRIC ~ ~ ,. /',,'~ AWNINS: REO COLOR ~,,~ /r~ TO MATCH REO OF ............. / ~ALSOT'S A~NIN~. ~"COLOR OF ALUMINUM ~NIN, FRAMING TO ~MATCH EXIST. BRONZE COLOR, /-EXIST. 8RICK I~' PLANTER: SEE [_..PHOTOGRAPHS. PROPOE)Ell TACO 8ELL SUITE 160 NORTH OF CLINTON ST, ENTRANCE TO HALL, 4209 TWIN RIDGE CT. S.E. AFqCHITECT~ ,.o. Box ,ios cEo^a THERMOSTAT CUSTONER ORDERING AREA ~EXIST. DOORS HANDICAP BUTTON ~ RECESSED FIRE ~" ' ' EXTINGUISHER ---~] EXPOSED CONDUIT =~ ~ N/ SURFACE MOUNTED ' BEVERAGE COUNTER BOXES. 9 HANDICAP BUTTON-~ N/ EXPOSED CONDUIT RECESSED METAL BOX ABOVE. APPROXIMATE KITCHEN LOCATION% MAIN DINING AREA H~~.~ SEATING = 34 L II '=:== _ EXIST. -- ~ RESTROOM rFACE OF BLDG. ABOVE/ ~ ~ ~ , , ~ ,{ FACE OF SOLARIUM. ~ ~ ~/ ~ ~ I I ~UITE NORTH ~ ~INTON ~T, ~NTRA~B TO HALl, 'BROST 4209 TV~N P~NE 319-366-8531 LEOEND OF WALLS EXISTING CONSTRUCTION NEW CONSTRUCTION I ALT. "C" PROPOSED SCALE: 1/8" - 1'-0" EAST ELEVATION EXIST, VESTIBULE ALT. "C" PROPOSED SOUTH SCALE: 1/8' - 1'-0' ;~EVISION OATE: I IILLIlli!ll~ ELEVATION ySTANDING SEAM METAL TO MATCH EXIST. METAL OF ENTRANCE. '~"'"'--TACO BELL SIGNAGE GLASS PANELS TO TINTED GLASS. ~/.-COLOR OF ALUMINUM ~-/NIN. FRAMING TO MATCH EXIST. 8RONZE COLOR. /--EXIST. BRICK PLANTER: SEE PHOTOGRAPHS. PROPOSED TACO BELL SUITE NORTH OF CLINTON ST. ENTRANCE TO HALL. 'BROEBT P.O. 80X 1~09 AROHI'T'EC"F'~ cE0^R R^PmS, THERMOSTAT CUSTOM~ ORDERING AREA r- ~ fEXIST. DOORS I I HANDICAP BUTTON-~ I . EXTINOUISHER---'-...~] EXPOSED CONDUIT :~ X w/ SURFACE MOUNTED ' BEVERAGE COUNTER BOXES. ~ HANDICAP BUTTON-~ ~/ EXPOSED CONDUIT RECESSED METAL BDX ABOVE. ~"-APPROXIMATE KITCHEN LOCATION-~ MAiN DINING AREA H~~,~ SEATING = 34 --= II H - F STAIR UP ~ -,i--SLOPE DN TO OOOR. L J F q L J z H.L~.J ~ .J EXIST. ~ ..... RESTROOM ELEC, PANE? ~ PROPERTY LINE .... LOCATION. ALT."C" PROPOSED FLOOR ~ALF_: t/8' - ~'-0" LEGEND OF WALLS I EXISTING CONSTRUCTION ~ NEW CONSTRUCT[ON PLAN ~ PROPOBED TAOO BELL SUITE 160 L NORTH OF CLINTON ST. ENTRANCE TO H^LL. ~.0. BOX ~ ARCHI~C~ CEBAR R~IDS, I~A 52"06 PHONE 3~9-368-~3~ e ~NNE~ PAX 359-36e-~32 ~ City of Iowa City MEMORANDUM Date: June 2, 1997 To: City Council From: David Schoon, Economic Development Coordinato~,~_~_~ Be: Final Design Review Application for the Exterior Alterations to Suite 160, Old Capitol Mall, 201 S. Clinton Street At its meeting today, the Design Review Committee recommended, by a vote of 5-0, approval of the design review application for exterior alterations to Suite 160, Old Capitol Mall, 201 S. Clinton Street (Taco Bell) as submitted subject to: 1. the project containing only one facia sign on the center wall panel of the addition, as previously approved; 2. future review and approval of the raised plaza area adjacent to the Taco Bell project; and 3. the use of non-lighted window and door signage. The applicant verbally agreed to these conditions at the Committee meeting. A representative from the Design Review Committee will be present at your meeting to answer any questions you may have on this recommendation. cc: Design Review Committee David Brost, Jr. f:\drc\tacobell.cc Pt6 Schoon, Economic Development Coordinator, 410 E. Washington St., IA 52240; RESOLUTION NO. RESCINDING RESOLUTION NO. 96-321 THE OF THE EXTERIOR ALTERATIONS TO CAPITOL 201 S. CLINTON STREET AN APPROVING 160, OLD WHEREAS, the a t, Brost Architects and Planners, design review approval exterior alterations to Suite 1 Clinton Street, Iowa City, hereinafter "Project"; al filed an application for Old Capitol Mall, 201 S. WHEREAS, given that the consists of exterio )ns occurring on a parcel that was part of the urban ~1 project known Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design of City requires the Design Review Committee to review and make a to the City Council regarding the design of the Project; and WHEREAS, the City Council adopted the exterior alterations for the Project; an No. 96-321, approving the design of WHEREAS, the applicant proposes s Resolution No. 96-321, which Review Committee and approved City changes to the design approved by ~ges must be reviewed by the Design ncil; and WHEREAS, the design review for the vised Project, a copy of which is on file in the Department Planning and ~unity Development, has been reviewed by the Design Rev Committee, and deliberation the Committee has recommended the des of the Project be acce and approved as submitted; and WHEREAS, the desig of the Project is found to conform requirements of the n Review Ordinance. all of the applicable NOW, THEREFOI IOWA CITY, BE IT RESOLVED BY THE CITY THAT: OF THE CITY OF 1. Resolutio 96-321, approving the design plans for the alterations to Suite 1 Old Capitol Mall, 201 S. Clinton Street, Iowa City, 'a, is hereby rescinc 2. plans for the exterior alterations to Suite 160, Old Ca 201 S. on Street, Iowa City, Iowa, be approved. 3 Mayor and City Clerk of the City of Iowa City, Iowa, are hereby and directed to certify this resolution. ~rized Upon this approval, necessary permits may be issued for the Project upo~ full compliance with all applicable codes and ordinances. Resolution No. Page 2 Passed and approved this ATTEST: CLERK day of MAYOR , 1997. City Attorney's Office It was moved by adopted, and upon roll and seconded by there were: AYE.~ NAYS: ABSENT: Baker Kubb~ Leh~ N( Y Vanderhoef Resolution be ecodev\tacobres.doc Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5236 RESOLUTION NO. RESOLUTION APPROVING THE DESIGN OF THE IOWA CITY TRANSIT INTERCHANGE FACILITY WHEREAS, the applicant, Shoemaker & Haaland Professional Engineers, has filed an application for design review approval of the proposed Iowa City Interchange Facility to be located on Washington Street between Old Capitol Mall and the Pentacrest, Iowa City, Iowa, hereinafter "Project"; and WHEREAS, given that the Project consists of exterior alterations occurring in the public right-of-way which was part of the urban renewal project known as Iowa R-14, Title 14, Chapter z~, Article E, entitled "Design Review," of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the design of the Project; and WHEREAS, the design review application for the Project, a copy of which is on file in the Department of Planning and Community Development, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the Project be accepted and approved as submitted, subject to: 1) 2) 3) 4) the use of a copper roof; not cutting corners on the selection of materials; Design Review Committee review and approval of exterior signs; the architect reviewing the quantity and size of the columns; and WHEREAS, the design of the Project is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The design of the proposed Iowa City Transit Interchange Facility to be located on Washington Street between Old Capitol Mall and the Pentacrest in Iowa City, Iowa, be approved subject to: 1) 2) 3) 4) the use of a copper roof; not cutting corners on the selection of materials; Design Review Committee review and approval of exterior signs; the architect reviewing the quantity and size of the columns. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. Upon this approval, necessary permits may be issued for the Project upon full compliance with all applicable codes and ordinances. Resolution No. Page 2 Passed and approved this day of ,1997. ATTEST: CITY CLERK MAYOR City Attorney's Office It was moved by and upon roll call there were: AYES: and seconded by NAYS: the Resolution be adopted, ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ecodev\transit.res IOWA CITY TRANSIT INTERCHANGE FACILITY PRELIMINARY PROJECT BUDGET May 15, 1997 Update Site Demolition and Salvage Concrete Demolition PCC Flatwork (Exterior) Sanitary Sewer Service Water Service Electric Service Telephone Service Building (16' x 40' @ $150.00/SF) Plantings Lighting Signage Gas Service Construction Subtotal: Contingency 10 %: TOTAL CONSTRUCTION: Project Related Costs: Total Cost: $ 2,000 5,000 30,000 3,000 1,000 15,000 3,000 96,000 2,000 5,000 1,000 2,000 $165,000 16,500 $181,500 30,000 $211,500 City of Iowa City MEMORANDUM Date: May 28, 1997 To: From: City Council Clara Swan, Vice Chair ~ Design Review Committee At its May 27, 1997, meeting, the Design Review Committee recommended, by a vote of 5-0, approval of the design review application for the Iowa City Transit Interchange Facility as submitted subject to: 1. the use of a copper roof; 2. not cutting corners on the selection of materials; 3. Design Review Committee review and approval of exterior signs; and 4. the architect reviewing the quantity and size of the columns. The Committee believes the transit interchange facility will become a landmarl( in downtown Iowa City. As a landmark, the structure should be of a show case design. The design of the structure is the beginning of such a design. To be a show case design, much attention should be given to the details of the structure, such as the selection of materials to be used (e.g. the roof's materials) and the design of the columns. The Committee believes these are all issues the architect can address as he further refines the design concept. CO: Design Review Committee Steven Ford Ron Logsden f:\transit.cc City of iowa City MEMORANDUM Date: May 22, 1997 To: From: Re: Design Review Committee David Schoon, Economic Development Coordinato~ Final Design Review Application for Iowa City Transit Interchange Facility Shoemaker & Haaland Professional Engineers have submitted a final design review application on behalf of the City of Iowa City for the proposed transit interchange facility to be located on Washington Street between Old Capitol Mall and the Pentacrest. Enclosed you will find application materials including a narrative describing the project and its specifics; elevations, site plans, an axonometric view of the project; and photographs of existing conditions. Representatives from the Parking & Transit Department and Shoemaker & Haaland will be at the May 27 meeting to further describe the project and to respond to any questions Committee members may have. The Committee should recommend to the City Council either approval, approval with conditions, or disapproval CC Joe Fowler, Director, Parking & Transit Steven Ford, Shoemaker & Haaland f:\drc\firstqua\transit.mem DESIGN REVIEW APPLICATION 1, 2. 3. Preliminary Review ~' Final Review (Check one) Address of Project: Clinton and Washington Streets (north of Old Ca:~itol Mall) Shoemaker & Haaland Name of Applicant: Professional Enqineers Phone number: 319-351-7150 Address: 160 Holiday Road City: Coralville State: Iowa Zip: 52241 Name of Propedy Owner: city of Iowa City Phone number: 319-356-5143 Address: 410 East Washington Street City: Iowa City State: Iowa Zip: 52240 Contact Person: Steven Ford, R.L.A. Phone number: 319-351-7150 Project Description: Development of a bus transit facility on a new curb island north of the Old Capitol Mall. Project Time Schedule: Construction in late stnrmmer 1997 Ten copies of all drawings and written materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): ~; Site analysis & site plan x Landscaping plan x Building elevations Sectional drawings Drawings of proposed signs(l) x Lighting plan x Additional information (as provided by the applicant): Axonometric View Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal requirement. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5236. (1) if project includes signs, applicant must also submit a sign application. Signature of Applicant: Date: CITY OF IOWA CITY BUS TRANSIT FACH.ITY Project Narrative This project consists of removing the existing island currently on Washington Street north of Old Capitol Mall and constructing a new island incorporating a building that will serve primarily the bus drivers. In accomplishing this work, it will be necessary to demolish entirely the current island. The three gingko trees that exist will be relocated off-site if possible. The cluster light standards will be salvaged and re-installed on the new island. The arched portion of the existing shelters will be cut away and installed on the roof line of the new building. The existing wood benches will be salvaged and can be used in the new facility. Utilities to the new structure will be necessary. Gas, telephone, electrical and sanitary sewer will need to be pulled from various locations near the site. The new structure will be entirely heated and cooled. Although the building is to function primarily for the drivers, there will be an information area on the west end of the building that will provide bus users with the ability to buy tickets, operate an information kiosk and possibly use a change machine. The restrooms are for use by the drivers and staff only. H. Proposed Island The new 24'x80' island will be curbed with standard six inch high Portland Cement Concrete dimensions. The pad or surface surrounding the building and planting island will be exposed aggregate. The entrance at the west end of the island will be brick paver to complimenting the existing crosswalk and will accommodate individuals that are physically challenged. The planting beds at the entrance and on the west will be masonry using brick complimenting the material at Old Capitol Mall and will be capped with a milled Anamosa stone similar to that being used for all of the window sills. The planters will be eighteen inches high. The existing cluster light standards on the current island will be reinstailed on the new island. Any appropriate signage needed for traffic control will be appropriately located. HI. Proposed Transit Facility The proposed 16'x40' building is a simple grid layout design that is both functional and sympathetic architecturally to the surrounding area. The north and south facing walls will display two foot diameter concrete columns spaced on eight foot centers. These will be lightly sand blasted to expose the aggregate within. They will be sealed to protect from weather and deepen the color tone. The east and west facing walls will also have the same column to frame the entrance on the west and window on the east. Except for the bathroom areas and entry door, the walls between the columns will have brick, stone sills and window glazing. The brick will compliment the color of the mall and will be capped with an Anamosa stone sill. From there to the soffit, there will be tinted glazing that will match the color of the arched roof top. The roof will be a hip design using standing metal seam material. The color being proposed would be a deep rich blue. Capping this hip-shape will be the existing shelter arch. The materials selected carefully tie the Penteerest, Mall and downtown together. The use of regular spaced columns gives some sense of uniformity with the classical look seen to the north. Use of brick and stone unify north and south site elements. The re-use of the arched roof and cluster light standards bring back standard elements existing today. IOWA CWY TRANSIT .INTERCHANGE FACILITY crrY OF-iow-A-ci~ ..... WASHINGTON STREET UNIVERSITY OF IOWA OLD CAPITOL CENTER MALL CLINTON STREET NORTH SCALE: 1" = 20~ SHOEMAKER & HAALAND PROFESSIONAl_ ENGINEEP-,.S IOWA CITY ~RAN~!'r INTE_RCH_ANGE FACILITY CITY OF 10~A CITY WASHINGTON STREET WESTBOUND ~ EXPOSED AGGREGATE CONCRETE SUP. FACE BRICK CROSSWALK .~~,~ .~__~ ~.. ,~..~~~. ~.~~ ~. _'~~__:__..~ ,~~_ . ~/~' / ~/~CONCRETE CURB i:~ j~,~ji ~ : . '~'~'~ / ~,~'~,.'~ , ,,~. h~ m~ :;.- ' . ~ ,I ~1 ~1~ ' ~' ,, ' ..... T~ ........... : - ' ~ ~ (ISLAND LENGTH) EASTBOUND NORTH SCAt_E: 114" = 1'-O" SHOEMAKER & HAALAND PROFESSIONAl. ENGINEEP-..S IOWA CITY TRANSIT INTERCHANGE FACILITY CITY OF IOWA CITY .AXONOMETRIC VIEW SHOEMAKER & HAALAND PROFESSIONAL EN~NEEI~S Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 97-180 RESOLUTION AUTHORIZING AN AGREEMENT FOR ACQUISITION OF PROPERTY IN LIEU OF CONDEMNATION BETWEEN RONALD F. JOHNSON AND THE CITY OF IOWA CITY, IOWA, FOR THE CONSTRUCTION OF A MUNICIPAL PARKING FACILITY. WHEREAS, Ronald F. Johnson has fee title to certain real estate located within Johnson County, Iowa, within the corporate limits of the City of Iowa City; and WHEREAS, the City of Iowa City, Iowa has determined that is in the public interest to acquire said property for the future construction of a municipal parking facility; and WHEREAS, the City and Ronald F. Johnson, in lieu of condemnation proceedings, have agreed to the acquisition of certain property interests of Ronald F. Johnson by the City and the amount to be paid to Ronald F. Johnson as "just compensation". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest of the City of Iowa City, Iowa that the attached Agreement for acquisition of property in lieu of condemnation between Ronald F. Johnson and the City of Iowa City, Iowa for the future construction of a municipal parking facility be approved. 2. The attached Agreement is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the Agreement, for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office at City expense. Passed and approved this 3rd day of June , 1997. CITY CLERK MAYOR A~_~,roved City Attorney's Office ppdadmin\johnson.res aoq7 Resolution No. 97-180 Page 2 It wa~ moved by Vande~'hoef 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 AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa a municipal corporation, hereinafter called CITY, and Ronald F. Johnson, hereinafter called OWNER. WHEREAS, OWNER has fee title to certain real estate located within Johnson County, Iowa, within the corporate limits of the City of Iowa City; and WHEREAS, CITY has determined that it is in the public interest to acquire said property for the purpose of future construction of a municipal parking facility; and WHEREAS, CITY and OWNER, in lieu of condemnation proceedings, have agreed to the acquisition of certain property interests of OWNER by the CITY and the amount to be paid to OWNER as "just compensation". IT IS THEREFORE AGREED; 1. CITY shall acquire by warranty deed 'from OWNER the fee title to certain real estate set out in Exhibit "A" attached hereto. OWNER shall receive from CITY the sum of $90,000 which shall be paid at the time CITY takes possession of the real estate described in Exhibit A attached hereto. The parties agree to the terms of the Offer to Buy Real Estate and Acceptance attached hereto as Exhibit "B" and said terms are incorporated herein by reference. Dated in Iowa City, Iowa this CITY OF IOWA CITY, IOWA day of Naor~i J. N6._~ickl Mayor A1-FEST: ~._~ ~ Marian Karr, City Clerk A~f'P'~ved b~,~/'~ City Attorney's Office ,1997. OWNER By: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 10 day of ,~~in sa , 19 , before me, the undersigned, a Notary Public in and for said Cou id State, personally appeared Ronald Johnson, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. · . ANNE ROWLEY Notary,ublic in an; for~,~%the ate of lows STATE OF IOWA ) JOHNSON COUNTY ) On this '$ ~'(' day of , 19 ?'7 , 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 (Ordinance) (Resolution) No. ¢'7- l 8)~ passed by the City Council, on the .5 ~- day of r.~,~,,~ , 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 ppdadmin~ohnagt.doc EXHIBIT A Commencing at a point 50 feet south of the northwest corner of Lot 1 in Block 7, in that part of Iowa City, Iowa, laid out by the Commissioners of Johnson County as the County Seat of Johnson County, Iowa, according to the recorded plat thereof, said point being on the west line of said Lot 1, running thence south 50 feet, thence east 40 feet, thence north 50 feet, thence west 40 feet to the place of beginning; also the right to use, with others, a private alley described as follows: A strip of land 10 feet wide off the south end of the north 110 feet of said Lot 1, subject to easements and restrictions of record. ppdadmin\johnlegl,doc OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: RONALD F. JOHNSON, SELLER, and KAY RADKE JOHNSON, SPOUSE OF SELLER: 1. REAL ESTATE DESCRIPTION. The Buyers offer to buy real estate in JOHNSON County, Iowa, locally known as 510 Capitol Street, and legally-described as follows: Legal description to be taken from abstract of title and approved by BUYER's attorney with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways; and d. (consider: liens, mineral rights; other easements; interests of others.) designated the Real Estate; provided Buyers, on possession, are permitted to make the following use of the Real Estate: public - parking ramp 2. PRICE. The purchase price shall be ~ 90,000.00 , payable at JOHNSON County, Iowa, as follows: PURCHASE OF THIS PROPERTY IS CONTINGENT UPON IOWA CITY CITY COUNCIL APPROVAL OF THIS PURCHASE AGREEMENT AND APPROVAL OF AN AGREEMENT TO PURCHASE SAID PROPERTY IN LIEU OF CONDEMNATION. IF SO APPROVED THE PURCHASE PRICE WILL BE PAID IN FULL UPON POSSESSION AND CLOSING. 3. REAL ESTATE TAXES. Sellers shall pay any unpaid real estate taxes payable in prior years. Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. 4. SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of closing. b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. c. All other special assessments shall be paid by Buyers. 5. RISK OF LOSS AND INSURANCE. Rick of loss prior to Seller's delivery of possession of the Real Estate to Buyers shall be as follows: All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyers. IF a. IS STRICKEN, Sellers shall maintain ~ of fire, windstorm, and extended coverage insurance on the Real Estate until possession is given to Buyers and shall promptly secure endorsements to the appropriate insurance policies naming Buyers as additional insureds as their interests may appear. Risk of loss from such insured hazards shall be on Buyers after Sellers have performed under this paragraph and notified Buyers of such performance. Buyers, if they desire, may obtain additional insurance to cover such risk. 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers, provided, however, if 5.a. is stricken and there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Sellers, Buyers agree to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. 7. ENVIRONMENTAL MATTERS. (a) SELLERS warrant, to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks located on the property, the property does not contain levels of radon gas, asbestos or urea- formaldehyde foam insulation which require remediation under current environmental standards, and SELLERS have done nothing to contaminate the Property with hazardous wastes or substances. SELLERS warrant that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks. SELLERS also shall provide BUYER with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or underground storage tanks on the Property, unless disclosed here: {b) BUYER may, at its expense, within 15 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, BUYER's obligation hereunder shall be contingent on the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to BUYER. However, in the event SELLERSs are required by BUYER pursuant to the foregoing sentence, to expend any sum in excess of $ 0 to remove any hazardous materials, substances, conditions or wastes, SELLERS shall have the option to cancel this transaction and refund to BUYER all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by BUYER. the expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be paid by SELLERS, subject to SELLERS' right to cancel this transaction as provided above. Exhibit "B" -2- 8. POSSESSION. If Buyers timely perform all obligations, possession of the Real Estate shall be delivered to Buyers by June 30, 1997 , with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items) 10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 11. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyers for examination. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. 12. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyers or their assignees, by WAI~RANTY deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 .a. through 1 .d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 13. JOINT TENANCY IN PROCEEDS AND iN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 11. 14. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distribute shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 15. 16. TIME IS OF THE ESSENCE. Time is of the essence in this contract. REMEDIES OF THE PARTIES. a. If Buyers fail to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Sellers fail to timely perform this contract, Buyers have the right to have all payments made returned to them. c. Buyers and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. STATEMENT AS TO LIENS. If Buyers intend to assume or take subject to a lien on the Real Estate. Sellers shall furnish Buyers with a written statement from the holder of such lien, showing the correct balance due. 18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. -3- 22. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before repaid to the Buyers. DATED: City Manager, C.4.t~ of Iowa City Buyer This offer is accepte~/¢ Z/~,~' - '~ ~/? ,19 May 19, 1997 , it shall become void and all payments shall be AYES: Norton, Novick, Thornhmrry, Vand~rhn~f, Baker, Kubby, Lehman NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: Resolution No. 97-181 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $10,600,000 SEWER REVENUE BONDS, SERIES 1997, OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Sanitary Sewer Utility, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Revenue Bonds, subject to the following premises; and WHEREAS, Issuer proposes to issue its Revenue Bonds to the extent of $10,600,000 for the purpose of derraying the costs of the project as set forth in Section 3 of this Resolution; and WHEREAS, there have been heretofore issued Sewer Revenue Bonds, part of which remain outstanding and are a lien on the Net Revenues of the System. In the Resolution authorizing the issuance of the outstanding bonds it is provided that additional Revenue Bonds may be issued on a parity with the outstanding bonds, for the costs of future improvements and extensions to the System, provided that there has been procured and placed on file with the Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity bonds; and WHEREAS, a statement of Evensen-Dodge, Inc. and a statement of Howard R. Green Co., neither in the regular employ of Issuer, has been placed on file in the office of the Clerk, showing the conditions and limitations of said Resolutions, dated January 19, 1993, and April 9, 1996, with regard to the sufficiency of the revenues of the System to -3- permit the issuance of additional Revenue Bonds ranking on a parity with the outstanding bonds to have been met and satisfied as required; and WHEREAS, the notice of intention of Issuer to take action for the issuance of $11,000,000 Sewer Revenue Bonds has heretofore been duly published and no objections to such proposed action have been filed, and the City proposes to proceed with the sale of $10,600,000 Sewer Revenue Bonds: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Definitions. The following terms with or without capitalization shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee; "Bonds" shall mean $10,600,000 Sewer Revenue Bonds, Series 1997, authorized to be issued by this Resolution. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds; "Clerk" shall mean the City Clerk or such other officer of the successor governing body as shall be charged with substantially the same duties and responsibilities. "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Corporate Seal" shall mean the official seal of Issuer adopted by the governing body. "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York; -4- "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the governing body or by law as the official accounting period of the System. Requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year. "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System. "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. "Issuer" and "City" shall mean the City of Iowa City, Iowa. "Net Revenues" shall mean gross earnings of the System after deduction of current expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, including purchases at wholesale, if any, salaries, wages, and costs of materials and supplies but excluding depreciation and principal of and interest on the Bonds and any Parity Bonds or payments to the various funds established herein; capital costs, depreciation and interest or principal payments are not system expenses. "Notice of Sale" shall mean the official Notice of Sale as published on May 14, 1997; "Original Purchaser" shall mean the purchaser of the Bonds from Issuer at the time of their original issuance. "Parity Bonds" shall mean Sewer Revenue Bonds payable solely from the Net Revenues of the System on an equal basis with the Bonds herein authorized to be issued; and shall include "Additional Bonds" as authorized to be issued under the terms of this Resolution and the Outstanding Bonds; "Outstanding Bonds" shall mean the Sewer Revenue Bonds dated January 15, 1993, and March 15, 1996, issued in accordance with Resolution No. 93-17, adopted January 19, 1993, and Resolution No. 96-89 adopted April 9, 1996, $35,225,000 and $18,300,000 of which bonds are still outstanding and unpaid and remain a lien on the Net Revenues of the System. -5- "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository; "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. "Permitted Investments" shall mean: [] direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; [] cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); [] obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: Export - Import Bank Farm Credit System Financial Assistance Corporation Farmers Home Administration General Services Administration U.S. Maritime Administration Small Business Administration Government National Mortgage Association (GNMA) U.S. Department of Housing & Urban Development (PHA's) Federal Housing Administration [] repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; -6- senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; [] U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A- 1" or "A-l+" by S&P or "P-I" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); [] commercial paper which is rated at the time of purchase in the single highest classification, "A-l+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; [] investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; [] pre-refunded Municipal Obligations are defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; -7- [] tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by role adopted pursuant to chapter 17A Code of Iowa; [] an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by role adopted pursuant to chapter 17A Code of Iowa; and [] Iowa Public Agency Investment Trust. "Project Fund" or "Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. "Representation Letter" shall mean the Blanket Issuer Le'tter of Representations from the Issuer to DTC, with respect to the Bonds; "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the maximum amount of the principal and interest coming due on the Bonds and Parity Bonds; or (b) 10 percent of the stated principal amount of the Bonds and Parity Bonds (for issues with original issue discount the issue price as defined in the Tax Exemption Certificate shall be substituted for the stated principal amount). "System" shall mean the Municipal Sanitary Sewer Utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all improvements and extensions made by Issuer while any of the Bonds or Parity Bonds remain outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles. -8- "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Bonds under section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Division V, Chapter 384; of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Bonds of Iowa City, in the County of Johnson, State of Iowa, Series .1997, in the aggregate amount of $10,600,000 for the purpose of paying costs of improvements and extensions to the Municipal Sanitary Sewer Utility. Section 4. Source of Payment. The Bonds herein authorized and Parity Bonds and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future net revenues of the System. The Bonds shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Bonds. Section 5. Bond Details. Sewer Revenue Bonds of the City in the amount of $10,600,000 shall be issued pursuant to the provisions of Section 384.83 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "SEWER REVENUE BOND", be dated June 1, 1997, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on January 1, 1998 and semiannually thereafter on the 1 st day of July and January in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or -9- printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. Said Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount July 1st 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.25% 5.35% 5.40% 5.45% 5.50% 5.50% 5.50% $ 225,000 225,000 225,000 250,000 250,000 275.000 275.000 300 000 300.000 325.000 350 000 375 000 375,000 400,000 425,000 450,000 2,125,000 3,450,000 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2017 2022 Section 6. Redemption. Bonds maturing after July 1, 2007, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease -10- to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Term Bonds. Bonds in the aggregate principal amount of $2,125,000 shall be issued as Term Bonds due July 1, 2017, and shall bear interest at 5.50%, payable on January 1, 1998, and semi-annually thereafter on the first day of July and January in each year until maturity, and shall be subject to mandatory redemption and payment at par and accrued interest in the principal amounts in each of the years set forth as follows: Principal Amount of Mandatory Redemption Date of Redemption (July lst) $475,000 2014 525,000 2015 550,O00 2016 575,000 2017 * Bonds in the aggregate principal amount of $3,450,000 shall be issued as Term Bonds due July 1, 2022, and shall bear interest at 5.50%, payable on January 1, 1998, and semi-annually thereafter on the first day of July and January in each year until maturity, and shall be subject to mandatory redemption and payment at par and accrued interest in the principal amounts in each of the years set forth as follows: Principal Amount of Mandatory Redemption Date of Redemption (July lst) $600,000 2018 650,000 2019 700,000 2020 725,000 2021 775,000 2022 * *Maturity -11- Section 6. i. DTC - Registration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. Section 6.2. The Bonds shall be initially issued in the form of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the registry books of the City Controller kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has -12- determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.6 hereof. Section 6.3. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with Section 6.6 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with Section 6.6 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. In the event that any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.7. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said -13- Sewer Revenue Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidhvits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits and other instruments so furnished, including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 7. Registration of Bonds; Appointment of Registrar: Transfer: Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for 'the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. -14- (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. -15- Section 8. Reissuance of Mutilated. Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -16- Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: [ (6) [ (6) I (8) I (1) (2) I I (3) I I (4) (9) ] (9a) [ (10) (Continued on the back of this Bond) (11)(12)(13) ] [ (14) [ [ (15) FIGURE 1 (Front) -17- (10) (Continued) (16) (17) FIGURE 2 (Back) -18- The text of the bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "SEWER REVENUE BOND" "SER1-ES 1997" Item 2, figure 1= Rate: Item 3, figure 1= Maturity: Item 4, figure 1= Bond Date: June 1, 1997 Item 5, figure 1= Cusip No.: Item 6, figure 1= "Registered" Item 7, figure 1= Certificate No. Item 8, figure 1= Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of(principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on January 1, 1998, and semiannually thereafter on the 1st day of July and January in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest'shall be computed on the basis of a 360-day year of twelve 30-day months. -19- This Bond is issued pursuant to the provisions of Section 384.83 of the City Code of Iowa, as amended, for the purpose of paying costs of improvements and extensions to the Municipal Sanitary Sewer Utility, in conformity to a Resolution of the Council of said City duly passed and approved (the "Bond Resolution"). Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after July 1, 2007, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Term Bonds maturing on July 1, 2017 are subject to mandatory redemption and payment at par and accrued interest, in the principal amounts set forth in the Bond Resolution, on July 1st of each of the years 2014 through 2017, inclusive. Term Bonds maturing on July 1, 2022 are subject to mandatory redemption and payment at par and accrued interest, in the principal amounts set forth in the Bond Resolution, on July 1st of each of the years 2018 through 2022, inclusive. -20- Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 3 84.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond and the series of which it forms a part, other bonds ranking on a parity therewith, and any additional bonds which may be hereafter issued and outstanding from time to time on a parity with said Bonds, as provided in the Bond Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the Net Revenues of the Municipal Sanitary Sewer Utility (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, said City by its City Council has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. -21- Item 11, figure 1 Item 12, figure 1 = Date of authentication: = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1= Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1= (Seal) Item 15, figure 1= [Signature Block] CITY OF IOWA CITY, IOWA By: Mayor's manual signature Mayor ATTEST: By: City Clerk's manual signature City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. manual/facsimile signature) City Clerk [Opinion of Bond Counsel] -22- Item 17, figure 2 = [Insurance Legend] STATEMENT OF INSURANCE MBIA Insurance Corporation (the "Insurer") has issued a policy containing the following provisions, such policy being on file at the City Controller, Iowa City, Iowa. The Insurer, in consideration of the payment of the premium and subject to the terms of this policy, hereby unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete payment required to be made by or on behalf of the Issuer to the City Controller or its successor (the "Paying Agent") of an amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Obligations (as that term is defined below) as such payments shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and (ii) of the preceding sentence shall be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean: $10,600,000 City of Iowa City, Iowa Sewer Revenue Bonds Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an Insured Amount for which is then due, that such required payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with State Street Bank and Trust Company, N.A., in New York, New York, or its successor, sufficient for the payment of any such Insured -23- Amounts which are then due. Upon presentment and surrender of such Obligations or presentment of such other proof of ownership of the Obligations, together with any appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for such owners of the Obligations in any legal proceeding related to payment of Insured Amounts on the Obligations, such instruments being in a form satisfactory to State Street Bank and Trust Company, N.A., State Street Bank and Trust Company, N.A. shall disburse to such owners or the Paying Agent payment of the Insured Amounts due on such Obligations, less any amount held by the Paying Agent for the payment of such Ins. ured Amounts and legally available therefor. This policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Obligation. As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, the Issuer, or any designee of the Issuer for such purpose. The term owner shall not include the Issuer or any party whose agreement with the Issuer constitutes the underlying security for the Obligations. Any service of process on the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York, 10504 and such service of process shall be valid and binding. This policy is non-cancellable for any reason. The premium on this policy is not refundable for any reason including the payment prior to maturity of the Obligations. MBIA INSURANCE CORPORATION Item 18, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. -24- Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) .GUARANTEED) IMPORTANT ~ READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Parmership Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: -25- TEN COM - TEN ENT - JT TEN as tenants in common as tenants by the entireties as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Gust) (Minor) under Iowa Uniform Transfers to Minors Act ................ (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Equality of Lien. The timely payment of principal of and interest on the Bonds and Parity Bonds shall be secured equally and ratably by the revenues of the System without priority by reason of number or time of sale or delivery; and the revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Application of Bond Proceeds - Project Fund. Proceeds of the Bonds shall be applied as follows: An amount equal to accrued interest shall be deposited in the Sinking Fund for application to the first payment of interest on the Bonds. An amount sufficient to meet the Reserve Fund Requirement shall be deposited in the Reserve Fund. The balance of the proceeds shall be deposited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds of the System shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law, the Internal Revenue Code and this Resolution. Any excess proceeds remaining on hand after completion of the purpose of issuance shall be paid into the Improvement Fund -26- to the maximum required amounts and any remaining amounts shall be used to call or otherwise retire Bonds. Section 15. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges to be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenues paid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. 'Section 16. Application of Revenues. From and after the delivery of any Bonds, and as long as any of the Bonds or Parity Bonds shall be outstanding and unpaid either as to principal or as to interest, or until all of the Bonds and Parity Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Sewer Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: The provisions in the Resolution heretofore adopted on July 29, 1986, and ratified, confirmed and approved in the Resolutions heretofore adopted on January 19, 1993, and April 9, 1996, whereby there was created and is to be maintained a Sewer Revenue Bond and Interest Sinking Fund, and for the monthly payment into said fund from the future net revenues of the System such portion thereof as will be sufficient to meet the principal and interest of the outstanding Bonds dated January 15, 1993, and March 15, 1996, and maintaining a reserve therefor, are hereby ratified and confirmed, and all such provisions inure to and constitute the security for the payment of the principal and interest on Sewer Revenue Bonds hereby authorized to be issued; provided, however, that the amounts to be set aside and paid into the Sewer Revenue Bond and Interest Sinking Fund in equal monthly installments from the earnings shall be sufficient to pay the principal and interest due each year, not only on the Sewer Revenue Bonds dated January 15, 1993, and March 15, 1996, but also the principal and interest of the Bonds herein authorized to be issued and to maintain a reserve therefor. Sections 16, 18, 21, 22, 25 and 27 of the Resolution dated July 29, 1986, are hereby ratified, confirmed, adopted and incorporated herein as a part of this Resolution. Consistent with the above Resolution, proceeds of the bonds or other funds may be invested in Permitted Investments. -27- Nothing in this Resolution shall be construed to impair the rights vested in the Outstanding Bonds. The amounts herein required to be paid into the various funds named in this Section shall be inclusive of payments required in respect to the Outstanding Bonds. The provisions of the legislation authorizing the Outstanding Bonds and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the Resolution or Ordinance first adopted shall prevail until such time as the bonds authorized by said Ordinance or Resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. The maximum amount to be retained in the Reserve fund shall be the Reserve Fund Requirement under this resolution. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 16.1. Investments. Moneys on hand in the Project Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation, or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided but in no event maturing in more than three years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. -28- All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System except earnings on investments of the Project Fund shall be deposited in and expended from the Project Fund. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condition and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each fiscal year the Governing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding fiscal year adequate to pay principal and interest requirements and create reserves as provided in this Resolution but not less than 110 percent of the principal and interest requirements of the fiscal year. No free use of the System by the Issuer or any department, agency or instrumentality of the Issuer shall be permitted except upon the determination of the governing body that the rates and changes otherwise in effect are sufficient to provide Net Revenues at least equal to the requirements of this subsection. (c) Insurance. The Issuer shall maintain insurance for the benefit of the bondholders on the insurable portions of the System of a kind and in an amount which normally would be carded by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Improvement Fund. (d) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted accounting practices, and will cause the books and accounts to be audited annually not later than 90 days after the end of each fiscal year by an independent auditor and will file copies of the audit report with the Original Purchaser and will make generally available to the holders of any of the Bonds and Parity Bonds, the balance sheet and the operating statement of the System as certified by such auditor. The Original Purchaser and holders of any of the Bonds and Parity Bonds shall have at all reasonable times the right to inspect the System and the records, -29- accounts and data of the Issuer relating thereto. It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, the Original Purchaser or the holder or holders of 25 percent of the outstanding Bonds and Parity Bonds may cause such audits and reports to be prepared at the expense of the Issuer. The audit reports required by this Section shall include, but not be limited to, the following information: An evaluation of the manner in which the Issuer has complied with the covenants of this Resolution, including particularly the rate covenants included herein. A statement of Net Revenues and current expenses. Analyses of each fund and account created hereunder, including deposits, withdrawals and beginning and ending balances. A balance sheet. The rates in effect at the end of the fiscal year, the number of customers of the System, and an analysis of the ratio of debt service to net revenues as defined in this Resolution. A schedule of insurance policies and fidelity bonds in force at the end of the fiscal year, showing with respect to each policy and bond the nature of the risks covered, the limits of liability, the name of the insurer, and the expiration date. An evaluation of the Issuer's system of internal financial controls and the sufficiency of fidelity bond and insurance coverage in force. The names and titles of the principal officers of the Issuer. A general statement covering any events or circumstances which might affect the financial status of the System. In the event the audit provided for in this Section is prepared by the State Auditor the governing body will cause to be prepared a certified supplemental report containing the information required by this Section. -30- (e) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Bonds and Parity Bonds shall have been provided for in the manner provided in this Resolution. Provided, however, this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its governing body has become inexpedient or unprofitable to use in connection with the System, Or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a Revolving Fund and used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Bonds or Parity Bonds shall not be used to pay principal or interest on the Bonds and Parity Bonds or for payments into the Sinking or Reserve Funds. (g) Fidelity Bond. The Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Budget. The governing body of the Issuer will adopt a system budget of revenues and current expenses on or before the end of each fiscal year. Such budget shall take into account revenues and current expenses during the current and last preceding fiscal years. The Issuer will incur no current expense not included in such budget, and will not permit total current expenses to exceed the budget, unless the governing body shall first have adopted a Resolution declaring the necessity of such expenses. Copies of such budget and approvals of expenditures in excess of the budget shall be mailed to the Original Purchaser and to the bondholders upon request. -31- Section 18. Prior Lien and Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Bonds or Parity Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such Additional Bonds to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months after the date of delivery of such refunding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of refunding any Bonds, Parity Bonds or General Obligation Bonds outstanding, or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an independent certified public accountant, consulting engineer or financial consultant, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the Net Revenues of the System for the preceding fiscal year (with adjustments as hereinafter provided) were equal to at least 1.25 times the maximum amount that will be required in any fiscal year prior to the longest maturity of any of the then Outstanding Bonds or Parity Bonds for both principal of and interest on all Bonds or Parity Bonds then outstanding which are payable from the net earnings of the System and the Additional Bonds then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preceding fiscal year as aforesaid, the amount of the gross revenues for such year may be adjusted by an independent Consulting Engineer or by a Certified Public Accountant not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such Additional Bonds been in effect during all of such preceding fiscal year. -32- (ii) the Additional Bonds must be payable as to principal and as to interest on the same month and day as the Bonds herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a fiscal year shall be deemed a requirement of the immediately preceding fiscal year. (iv) for the purposes of this Section, general obligation bonds shall be refunded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds were issued or the proceeds of them were expended for the System. Section 19. Disposition of Bond Proceeds: Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yield Restricted any proceeds of the Bonds remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with respect to the Bonds and Parity Bonds, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the bonds to be classified as -33- arbitrage bonds under Section 148(a) and (b) of the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Bonds for the purpose set forth in this Resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Bonds not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 20. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f') if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 21. Not Oualified Tax-Exempt Obligations. The Issuer has not designated the Bonds as qualified tax-exempt obligations as defined by Section 265(b) of the Internal Revenue Code of the United States, as amended. Section 22. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and -34- (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or Parity Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 23. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Bonds, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Bonds or Parity Bonds; or to comply with any application provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the bonds or Parity Bonds; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Bonds or Parity Bonds from being includable within the gross income of the holders thereof for federal income tax purposes; (c) to grant to or confer upon the holders of the Bonds or Parity Bonds any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Bonds; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, -35- the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 24. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds and Parity Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Bonds and Parity Bonds then outstanding; and (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Bond as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the -36- Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Bonds and Parity Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. Section 25. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. -37- Adopted and approved this 3rd day of dune ,1997 ATTEST: Mayor PGOODRIC\89390\ 1 \ 107 ! 4045 -38- Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5025 RESOLUTION NO. 97-182 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPART- MENT AND THE AFSCME PAYPLAN BY ADDING THE POSITIONS OF SECTION 8 COORDINATOR, PUBLIC HOUSING COORDINATOR AND INTAKE WORKER, WHEREAS, Resolution No. 96-56, adopted by the City Council on March 5, 1996, authorized permanent positions in the Assisted Housing Division of the Housing and Inspection Services Department for FY97; and WHEREAS, Resolution No. 97-73 adopted by the City Council on March 4, 1997, authorized permanent positions in the Assisted Housing Division of the Housing and Inspection Services Department for FY98; and WHEREAS, Resolution No. 96-147, adopted by the City Council on May 21, 1996, established a classification/compensation plan for AFSCME employees; and WHEREAS, the Assisted Housing Division would benefit from the reclassification of the designated personnel positions as described below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The budgeted positions in the Assisted Housing Division of the Housing and Inspection Services Department be amended by the addition of: 1. Section 8 Coordinator 2. Public Housing Coordinator 3. Intake Worker 2. The AFSCME payplan be amended by the addition of the positions of: Section 8 Coordinator, grade 13 Public Housing Coordinator, grade 13 Intake Worker, grade 5 Passed and approved this 3f'd day of June ,1997. CITY CLERK humanrel\assthsg.res MAYOR A p. pr. ovg.¢ by ~. City Attorney's Office Resolution No. 97-182 Page 2 It was moved by Baker and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City IV E!,!ORAN DLi Date: To: From: Re: May 29, 1997 ~ ~ilYug~;; n:iloth roy, D~i ec Maggie Grosvenor, Hou Staff Reclassifications in )r of -Ious~ng nsp/p~c~o~ Services Jig Ad m i nist r a' ,~////.~'~ ['~e Assisted H(~using Division Request This request is to reclassify two existing Housing Specialist positions to that of Section 8 Coordinator and Public Housing Coordinator. Also this request includes changing the existing Temporary Intake Worker position to permanent status. Background Two Housing Specialist positions are proposed for reclassification to allow assignment of additional duties. Under the direction of the Housing Administrator, the Public Housing Coordinator would be assigned to coordinate and implement the public housing program (i.e. management of public housing properties). The Section 8 Coordinator, also under the direction of the Housing Administrator, would coordinate and implement all facets of the Section 8 program (i.e. certificates, vouchers, family self-sufficiency, etc.). These proposed changes in duties and responsibilities would allow the Housing Administrator more time to focus on program development, grant writing, and community outreach. The temporary Intake Worker was established and filled in November of 1996 to address workload and Section 8 occupancy. The proposed change of the Intake Worker position to permanent status is in lieu of reinstating a Housing Specialist position inadvertently eliminated in the FY98 budget. The mistaken elimination of a Housing Specialist position occurred as a result of problems involved with the Housing Administrator position. The Intake Worker responsibilities include interviewing all prospective program participants, verifying eligibility, and providing supportive program services to the Section 8 and Public Housing programs. In summary, the proposed reclassification reflects no additional staffing above the level funded in FY97. This request is to reclassify two existing Housing Specialist positions from pay grade 11 to 13 as Coordinators and to change the existing temporary Intake Worker to permanent status instead of reinstating a Housing Specialist position (i.e. downgrade 11 to 5). The following is a cost analysis estimate of the proposed position reciassifications. Position Salary* Housing Specialist (Grade 11) Coordinator (Grade 13) $29,328 $31,646 [Additional cost +$2,318 x 2 = $ 4,636] Housing Specialist (Grade 11) Intake Worker (Grade 5) $29,328 $23,618 [Savings $5,710 $ 5,710] Net Savings Salary estimates are average of Step 1 & 2 of FY97 pay plan. $ 1.074 Im\db5-22.doc Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 522z~0; 319-356-5025 RESOLUTION NO. 97-183 RESOLUTION RECLASSIFYING THE POSITION OF MAINTENANCE WORKER I IN THE CENTRAL BUSINESS DISTRICT DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND AMENDING THE AFSCME PAY PLAN. WHEREAS, Resolution No. 96-147, adopted by the City Council on May 21, 1996, established a classification/compensation plan for AFSCME employees; and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibili- ties performed; and WHEREAS, the AFSCME Classification Review Committee has reviewed the changes in the position of Maintenance Worker I - CBD and determined reclassification is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the position of Maintenance Worker I - CBD be reclassified from Range 2 to Range 4 of the AFSMCE pay plan. Passed and approved this 3rd day of June , 1997. CITY CLERK MAYOR Approved by It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanden'hoe1= the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef humanrel\cbdMWI.res Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240; 319-356-5013 RESOLUTION NO. 97-184 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1997, THROUGH JUNE 30, 2000. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 1997, through June 30, 2000, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above-referenced Agreement between the City and the Union is hereby approved by the City. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 3r'd day of June , 1997. ATTEST: CITY CLERK humanrel\unions\fire\fire. res MAYOR Resolution No. 97-184 Page 2 It was moved b~/ Kubby and seconded by adopted, and upon roll call there were: Vanderh0ef the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #6'10 JULY 'i, 1997 TO JUNE 30, 2000 TABLE OF CONTENTS PAGE Preamble .......................................................... Article I-- Recognition ................................................. Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 1 2 II-- Management Rights .......................................... 2 III -- No Strike - No Lockout ........................................ 3 IV -- Dues Check Off ............................................. 3 V-- Hours of Work .............................................. 4 VI -- Overtime .................................................. 6 VII -- Special Leaves ............................................. 7 VIII -- Holidays ................................................. 9 IX -- Sick Leave ................................................ 10 X -- Vacations ................................................. 12 XI -- Union Activities ............................................ 13 XII -- Uniforms and Equipment .................................... 14 XIII -- Insurance ............................................... 14 XIV -- Duty Outside the City ....................................... 15 XV -- Training Programs ......................................... 15 XVI -- Bulletin Boards ............................................ 16 XVll-- Personnel Transactions .................................... 16 XVlII -- Discipline .............................................. 16 XlX -- Transfer Procedures ....................................... 17 XX -- Supplemental Employment ................................... 17 XXI -- Safety .................................................. 18 XXll -- Grievance Procedure ..................................... 18 XXIII -- General Conditions ....................................... 20 XXlV -- Waiver ................................................ 21 XXV -- Savings Clause .......................................... 22 XXVl -- Duration ................................................ 22 XXVII -- Wages ................................................. 22 XXVlII -- Other Compensation ...................................... 23 XXIX-- Use of Time Off .......................................... 24 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/ClO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: 1 ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: ho To direct the work of its employees. To develop, implement and enforce work rules, safety standards, performance and productivity standards. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. To discipline, suspend or discharge employees for just cause. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. To take such actions as may be necessary to carry out its mission. To initiate, prepare, certify and administer its budget. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE-NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off monies will be deducted from the first pay check of each calendar month and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, consisting of twenty- four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty, twenty- four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, ninety- six (96) hours off duty, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporaw variations in shift assignment or changes' in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: ao Two employees below the rank of Captain may make a mutual request in writing to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their own request directly to the Fire Chief or his/her designee. The Fire Chief or his/her designee will approve or deny the request, but permission to trade will not be denied without reason. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffin.q. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporaw appointment out of rank is made by the Fire Chief for a period of 24 or more consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the first step rate of the rank being replaced, whichever is higher. Such pay adjustments will be retroactive to the original date of assignment. tf an acting temporaw appointment to a Battalion Chief's position is made by the Fire Chief for a period of twenty-four (24) consecutive work hours or more, the Captain appointed 4 will be paid at the rate of 4% above his/her current salary/hourly rate. If a lieutenant is so appointed, they shall be paid at a rate of 4% above the Step 1 rate for a Captain. Overtime during any such acting temporary appointment, when worked in such acting capacity and when compensated by overtime pay, shall be compensated at one and one-half (lYe) times the acting hourly rate. However, the Fire Chief may assign an employee who is working on his/her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate to an employee in overtime status. Such appointments will be made by the Fire Chief as follows: Firefighters acting out of rank: In making temporaw out-of-rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporaw assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporaw out-of-rank assignment. Lieutenants acting out of rank: In making temporaw out-of-rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporaw out-of-rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out-of-rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty-free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. Section 7. Administrative Duty. A continuous shift employee (56 hours/week) assigned to administrative duty (referred to as "light duty") with a forty (40) hour work week schedule will continue to accrue all benefits and compensation at their continuous shift rate while on the 40 hour assignment, and will use benefits on a pro-rated basis. The ratio will be 56/40 or 1.4, and will be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be reflected on the accrual usage. Work week: Annual hours worked: Holiday time: 56 hours/40 hour = 1.4 2912 hours/2080 hours = 1.4 135 hours/96 hour = 1.4 If an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. When employees on administrative duty work beyond eight (8) hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work schedule, at the pro-rated basis. ARTICLE VI ©VERTIME Section 1. For purposes of this Article a"day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial consider- ations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call-In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2-1/2) hours. If the emergency call-in takes more than two and one-half (2- 1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. This section shall not apply to employees who are already at their place of assignment for the purpose of reporting for regular or other previously assigned duty and who are utilized to supplement, rather than replace, on-duty personnel. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g., if a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. In the event of a temporaw and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparent-in-law, aunt or uncle, brother-in-law, sister- in-law, or permanent member of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. If an opening for the employee no longer exists in his/her civil service rank, he/she will be assigned to the first open position which becomes available in his/her civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence, or, in the case of a leave of absence necessitated by a medically certified illness or injury to the employee, within 180 days of the termination of such leave of absence. Once an employee returns to work in a position as provided herein, that position shall become his/her permanent civil service rank. 7 In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. ' shall not receive any other accruals or job benefits during the period of absence; shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences; must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the 8 City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Votin.q Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Pre.qnancv Leave. A pregnant employee shall be entitled'to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. 9 Section 3. Permanent employees on a continuous shift shall receive one hundred thirty- five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. In lieu of overtime pay for working on a holiday, a payment of $150 ($15.00 per holiday) will be made to each permanent full-time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part-time employees will receive holiday pay on a pro rata basis. Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year as defined in Article XXVII, Section 1 of this agreement. Section 7. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. 10 Section 2. Use of Sick Leave. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour-to-hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) (2) On-the-job injury; Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self- employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 11 Lb. Co shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City- Union committee may waive such payback due to the death or permanent disability of the employee. A joint City-Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service Hours Per Month Hours Per Year 0-5 years 5 years 1 day~10 years 10 years 1 day-15 years 15 years 1 day-20 years More than 20 years 12 hours (6 shifts/yr) 16 hours (8 shifts/yr) 18 hours (9 shifts/yr) 20 hours (10 shifts/yr) 22 hours (11 shifts/yr) 144 192 216 24O 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour-for-hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetin.qs. The Union may use the Training Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Ne.qotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap (baseball style) Necktie 5 short-sleeve shirts 5 uniform pants (Uniform pants & shirts to be of an NFPA approved station wear type) Winter uniform coat 2 uniform tee shirts (annually) Department patches/badges Firefighting gloves Turn out coat Firefighting helmet SCBA facepiece Spring/fall jacket Belt 5 long-sleeve shirts 1 pair uniform shoes 1 uniform sweatshirt (annually) Firefighting boots Turn out pants Firefighting hood Personal Alert Safety Device Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. Employees who elect to obtain family coverage will pay twenty dollars ($20.00) per month (pro-rated for part-time employees) toward the cost of such coverage. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure' of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of thE; provisions of the negotiated Delta Dental plan is set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the 15 citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. Upon request, the City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibili- ties under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). Written reprimand or warning. Suspension with loss of pay. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualification.,; within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: Two (2) employees desire to trade battalions, OR, A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The 1 7 -, Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXl SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Health and Safety Committee. A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to: Conducting health and safety lectures as needed. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). Conduct safety checks in all stations and forward results to Fire Chief. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. Section 5. Dru.q Testin.q. The City and the Union recognize the rights and responsibili- ties of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). ARTICLE XXll GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. 1 8 -, Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representa- tive), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. 19 Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the headng will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject 2O to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parkin.q. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged other City employees who park in the Civic Center parking lot. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 8. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit-wide basis and participation will be voluntary. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect.. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1997, and June 30, 2000, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years are as follows: June 27,1998 June 26,1999 June 24,2000 July 7, 2001 Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be increased by three and one quarter percent (3.25%) at the beginning of Fiscal Year 1998; two percent (2%) at the beginning of Fiscal Year 1999; two percent (2%) beginning mid-Fiscal Year 1999 (December 26, 1998); and three percent (3%) at the beginning of Fiscal Year 2000, said adjustments to become effective on the appropriate dates as defined in Section 1 above. A copy of the pay plan for FY98 through FY2000 is attached to this agreement as Exhibit A. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step 2 - after six (6) months at Step 1. Step 3 - after six (6) months at Step 2. Step 4 - after one (1) year at Step 3. 22 .~ Step 5 - after one (1) year at Step 4. Step 6 - after one (1) year at Step 5. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall, upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible to receive a one step increase to Step 2, one year following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: All computations will be based on changes in the revised Consumer Price Index (CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1996 for FY97. Cost of living computations will be made quarterly to determine the percent difference between the CPI-W for the base index month and for August, November, February, and May of each applicable fiscal year. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: 23 Length of Service on December 1 5 years 1 day - 10 years 10 years 1 day - 15 years 15 years 1 day - 20 years 20 years 1 day - 25 years 25 years 1 day + $275.00 450.00 600.00 750.00 1,000.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $600 will be made to each permanent full-time bargaining unit employee as of December 1, 1997, $675 as of December 1, 1998, and $700 as of December 1, 1999, and each December 1 thereafter. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return one-half of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician-Defibrillator as of the first day of the contract benefit period as defined in Article XXVlI, Section 1 above, shall receive a payment of two hundred and seventy- five dollars ($275.00) on the second pay day of the fiscal year. ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: In emergency situations. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where ¢¢2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. 24 ~ CITY OF IOWA CITY, IOWA ASSISTANT TY ATTEST: ~'~,'2~ Date: June 3, 1997 By: By: Date: IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL ¢¢610 FIRE PAYPLAN - FY98 EFFECTIVE JUNE 28, 1997 EXHIBIT A TI JOBTITLE 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN STEP: 1 $10.17 $1,139.04 $29,615.04 $13.12 $1,469.44 $38,205.44 $14.31 $1,602.72 $41,670.72 2 $10.59 $1,186.08 $3O,838.O8 $13.75 $1,540.00 $40,04o.oo $14.96 $1,675.52 $43,563.52 3 $11.09 $1,242.08 $32,294.O8 $11.51 $1,289.12 $33,517.12 $12.04 $1,348.48 $35,060.48 6 $12.56 $1,406.72 $36,574.72 FFPAY98.XLS FIRE PAYPLAN - FY99 EFFECTIVE DECEMBER 26, 1998 TI JOBTITLE 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN STEP: 1 $10.58 $1,184.96 $30,808.96 $13.65 $1,528.8O $39,748.80 $14.89 $1,667.68 $43,359.68 2 $11.02 $1,234.24 $32,090.24 $14.31 $1,602.72 $41,670.72 $15.57 $1,743.84 $45,339.84 $11.54 $1,292.48 $33,6O4.48 4 $11.97 $1,340.64 $34,856.64 5 $12.53 $1,403.36 $36,487.36 6 $13.07 $1,463.84 $38,059.84 FFPAY98.XLS FIRE PAYPLAN - FY00 EFFECTIVE JUNE 26, 1999 TI JOBTITLE 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN STEP: 1 $10.90 $1,220.80 $31,740.80 $14.06 $1,574.72 $4O,942.72 $15.34 $1,718.08 $44,67O.O8 2 $11.35 $1,271.20 $33,051.20 $14.74 $1,650.88 $42,922.88 $16.04 $1,796.48 $46,7O8.48 3 $11.89 $1,331.68 $34,623.68 4 $12.33 $1,380.96 $35,904.96 5 $12.91 $1,445.92 $37,593.92 $13.46 $1,5O7.52 $39,195.52 FFPAY98.XLS APPENDIX B IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the nu~er of family members.. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for' 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs--and rates--in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient · Semi-private room and board · Necessary services and supplies . Operating rooms, intensive care, coronary and burn care units · De)ivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services PHYSICIAN SERVICES 90/]0 · Home and office vists · One routine annual physical exam · Pre-natal and post-natal care in physician's office · Inmmnizations · Hospital visits and nursing faci. 1 i ty visi ts Outpatient · Surgery · Diagnositc x-ray and laboratory services · Accident car~ HOME HEALTH CARE 90/10 NERVOUS AND MENTAL 90/10 Outpatient - 90/10 to $10,000 Lifetime Maximum. SKILLED NURSING FACILITY 90/10 · Unlimited Room and Board · Services and supplies . Services provided by a Registered Nurse · Services prescrl bed by a physi ci an THE IOWA S00 PLAN COVERS THESE OTHER SER¥ICES: These"othe~ servtces are subject tO a $100 contract deductible per calendar year · Prescriptions . Anesthett cs · !{lood plasma · Casts · Crutches · Durable medical equipment . .Other suppltes ~hen ordered by a physician Nursing Services · Private-duty nursing services Ambulance · Air · Ground DEDUCTIBLES AND COPAYMENT · Hospital - The Subscriber is responsible for {he first two days of semi- private room and board. Per Hospital Admission. · Physician - The subscriber pays 10% of the phy§ictan's Usual, Customary and Reasonable charges Including office calls. IOWA 500 coverage pays the remaining go%. · Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces· When the subscrtber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 100% of all remaining charges· If the subscriber's expenditures for hospital, physician, and/or other services do not reach .$500, the subscriber pays 10% o4 all remaining charges up to a total maximum expenditure of $500. {Outpatient treatment for nervous and mental conditions is paid 90/10 co-payment until the $10,000 Lifetime Maximum is met. Co-payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. 1 o~ 2 day O0"am!O*/. $100 deducEme ~ $500 per contract r-~ Summ ry of 8Shefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encourage~ timely and ellactive dental maintenance. More than 80% of the dentists in Iowa participate in the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi. sions of the program. Your Delta Dental program includes a 'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims-handling chores for you and your employees --- and saves valuable time and money. To provide a program to meet your company% needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: Preventive Maimerrance benefit includes: · Routine checkups at six-month intervals including bitewing x-rays at 12-month intervals. · Teeth cleaning once every six months. · Topical fluoride applications as prescribed but no more than once every six months. · Full-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: · Regular cavity fillings. · Oral surgery (including pre- and post-operative care). ® Emergency treatment for relief of pain. Major Restorative benefit covers: ® High-cost fillings. · Cast restorations, · Root canal fillings. · Non-surgical treatment for gum diseases. Delta Dental Plan of ~ Delta Dental Plan of Iowa RATE QUOTATION PLAN Program Benefits ~ Preventive Maintenance [] Routine Restorative [] Major Restorative [~ Dental Prosthetics [] Perioclontics [] Orthodontics [] Dependents to age [] Full-time students [] Adults ]! Deductible Copayment Single/Family (Annual) $ - . % $ ~5/75 50 % $ " $0 % $ % $ % $. % Program Maximums Single $ 500 per year Family $ 500 per member. per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $__ ~ per month These rates guaranteed for ].2 if purchased by 7- !-85 ,. months beginning on 7-1-85 (date) *Rates quoted here are based upon census information provided and acquiring and maintaining a minimum ;enrollme?~ of.90% of total eli.gible employees for the duration of the contract. This is a general d, esctril:nion of coverage. I~ is not a statement of contract. Actual coverage i,~ subject.to the terms and conditions Sl:)ecified in the contrac~ itself and enrollment regulations in force when the contract becomes effective. "' Delta Dental Plan of iowa A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVll WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect from July 1, 1997 to June 30, 2000. CITY OF IOWA CITY Assistarlt Cit~ Manager Date: ~-//'~ g/? ~ fireside. ltr By: IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 Date: Prepared by: Jim Brachtel, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5149 RESOLUTION NO. 97-185 RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to construct the Southgate Avenue and Stevens Drive .Storm Sewer Improvement Project ("Project") which includes storm sewer improvements along Southgate Avenue and Stevens Drive; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under state and federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultant, MMS, has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit claim deed and/or easement for the construction of the Southgate Avenue and Stevens Drive Storm Sewer Improvement Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. The City Manager designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit claim deed and/or easement for the construction, operation and maintenance of the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest warranty deeds, quit claim deeds and/or easement agreements for recordation in the Johnson County Recorder's Office, at City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 97-185 Page 2 o In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 3rd day of June ,1997. ATTEST: ~*¢¢~~_~ CITY CLERK MAYOR City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: _Z____ X X X X XX the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\sgateres,wp5 Prepared by: Chuck Schmadeke, Dir. Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5141 RESOLUTION NO. 97-186 RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE EAST-WEST ARTERIAL PHASE I IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to construct the East-West Arterial Phase I Improvements Project ("Project") which includes the east-west arterial from Dodge Street to First Avenue Extended, First Avenue from its northern terminus to the east-west arterial, and the widening and signalization of Dodge Street at the east-west arterial. WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under state and federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultant, Shoemaker & Haaland Professional Engineers will determine the location of the proposed Improvements; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit claim deed and/or easement for the construction of the East-West Arterial Phase I Improvements Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. The City Manager designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit claim deed and/or easement for the construction, operation and maintenance of the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest warranty deeds, quit claim deeds and/or easement agreements for recordation in the Johnson County Recorder's Office, at City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 97-186 Page 2 ,, In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 3rd day of ,hJnP ,1997. ATTEST: /~.~_~) CITY CLERK Am City Attorney's Offioe It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pwadmin\eastwest.res Prepared by: Charles Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141 RESOLUTION NO. 97-187 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 SHOEMAKER & HAALAND, PROFESSIONAL ENGINEERS OF CORALVILLE, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE EAST-WEST ARTERIAL PHASE I IMPROVEMENTS. WHEREAS, the City of Iowa City desires to improve and expand the City's arterial street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the construction of the East-West Arterial Phase I Improvements which include, the East-West Arterial from Dodge Street to First Avenue extended, First Avenue from its northern terminus to the East-West Arterial, and the widening and signalization of Dodge Street at the East-West Arterial, will enhance traffic flow in North Iowa City; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the East-West Arterial Phase I Improvements all of which shall be called the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shoemaker & Haaland, Professional Engineers of Coralville, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shoemaker & Haaland, Professional Engineers of Coralville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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. Resolution No. 97-187 Page 2 Passed and approved this 3rd day of Jun~ , 1 997. MAYOR Ap r~~.~y City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\eastwest,res CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 3RD day of June 1997, by and between the Gity of Iowa City, a Municipal Gorporation, hereinafter referred to as the CITY and Shoemaker & Haaland Professional Engineers of Coralville, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City is desires to obtain the services of a consulting firm in order to improve and expand the City's arterial street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the construction of the East-West Arterial Phase I Improvements which include, the East-West Arterial from Dodge Street to First Avenue extended, First Avenue from its northern terminus to the East-West Arterial, and the widening and signalization of Dodge Street at the East-West Arterial, will enhance traffic arterial street flow in North Iowa City; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the East-West Arterial Phase I Improvements all of which shall be called the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement with Shoemaker & Haaland Professional Engineers of Coralville, Iowa and Iowa City to provide said consulting 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: 1. SCOPE OF SERVICES The work to be performed by the CONSULTANT under this Scope of Services shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver final plans and contract documents for the improvements which include: · the grading, drainage and paving of a new East-West Arterial from Dodge Street easterly to First Avenue extended, and; · the grading, drainage and paving of First Avenue from the existing north terminus northerly to the East-West Arterial, and; · the widening and signalization of the intersection of Dodge Street and the East-West Arterial. 1.1. Preliminary Design and Plan Preparation The work tasks to be performed by the CONSULTANT under section 1.1 Preliminary Design and Plan Preparation shall include the following: -1- 1.1.1, 1.1.2. 1.1.3. 1.1.4. 1.1.5. Preliminary Survey and Mapping The CONSULTANT will obtain the aerial base mapping provided by the CITY. (See Attachment 1) The CONSULTANT will research courthouse records to establish approximate locations of existing property lines, right-of-way lines and property ownership for the properties affected by the PROJECT and incorporate this data into the base mapping of the PROJECT. The CONSULTANT will research underground utility locations with the various utility companies and plot such locations on the base mapping of the PROJECT. Utilities to be researched include: field tile, sanitary sewer, storm sewer, electric, gas, water, telephone, cable vision, and fiber optic lines. This task will include field surveys to establish vertical and horizontal control, and obtaining supplemental topographic data required for the development of the preliminary plans. This task also includes incorporating the survey data collected into the base mapping. Title and General Information Sheets This task consists of assembling the preliminary title and general information sheets. Preliminary Typical Cross Sections This task consists of pavement determination, assembling the Typical Cross Sections to be used for the proposed improvements, and preliminary Station ranges for each Typical Section. Preliminary Estimate of Quantities This task consists of a preliminary determination of the bid items to be included in the PROJECT, along with an estimate of quantities for each item. Preliminary Plan and Profiles This task consists of the development of preliminary plan and profile sheets at 1" = 50' scale, that will show the existing topography along with the proposed improvements based on the survey or the office adjusted centerline. Proposed Permanent and Temporaw Easement limits will be shown. Included will be the necessary CADD work to show the preliminary design features for the proposed improvements, as well as preliminary cross-sections for the determination of earthwork quantities. The proposed improvements will include a 31' back to back paving section in an 85' right-of-way for the east-west arterial and 1st Avenue extension. There will be an 8' sidewalk on one side and a 4' sidewalk on the other side of both First Avenue and the East-West Arterial.. -2- 1.1.6. Reference Ties and Bench Marks This task consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved throughout construction of the PROJECT. This task also includes preserving Government Corners which are found in the vicinity of the proposed construction. 1.1.7. Preliminary Staging and Traffic Control This task consists of developing a suitable plan for construction staging and traffic control measures to be implemented during construction. The plan will include provisions for through traffic and temporaw access to adjacent properties during construction. 1.1.8. Preliminary Intersection Geometric This task consists of design and drafting of the geometric layouts of the intersections. The scale of these plan sheets will be 1"=20'. 1.1.9. Preliminary Storm Drainage Design This task consists of completing an inventory of the existing hydrologic and hydraulic conditions and identifying the impacts the proposed improvements will have on the area wide drainage patterns. Once the impacts have been quantified, alternatives will be developed to support the proposed improvements. 1.1.10. Preliminary Design of Traffic Signals This task consists of meeting with CITY Staff and establishing traffic projections for intersection design and intersection capacity analysis. This task also consists of the development of preliminary traffic signal plans including signal layout, major equipment and special provisions using available design standards of the CITY, the Iowa Department of Transportation, and the Manual on Uniform Traffic Control Devices (MUTCD) at the proposed intersection on Dodge Street. This task also includes coordination of the proposed intersection with the Iowa DOT. 1.1.11. Preliminary Design of Intersection Lighting This task will consist of design and drafting of an intersection lighting system at the intersections of Dodge Street, Dubuque Road and First Avenue. 1.1.12. Preliminary Soils Design This task will consist of soil boring to appropriate depths below grade. This subsurface exploration will include Atterberg Limit tests, standard Proctor and CBR tests to determine physical index properties and aid in the evaluation of the soil's subgrade modulus. The soils report will contain a description of the PROJECT; a summary of the drilling, sampling, and testing procedures; logs of the boring and laboratory test results; and recommendations regarding back slope and/or longitudinal subdrains, pavement subgrade design parameters, and -3- thickness design for pavements. Symbolized results of the drilling and testing performed will be prepared in general accordance with Iowa D.O.T. standards and added to the profiles and cross sections. 1.1.13. Preliminary Streetscape/Landscape Design This task consists of the preliminary design of streetscape elements. Included are the locations, dimensions, and elevations of tree planting areas. Also included are typical cross-sections through various areas showing proposed landscaping. 1.1.14. Preliminary Special Construction Details This task consists of the design and drafting associated with the assembly of special details. 1.1.15. Culvert Plans This task consists of assembling the type, size, and location information for any cross road culverts. All culverts and dikes shall be drawn on the plans to their proposed length and skew. This task will also include the preliminary structural drawings for any .proposed reinforced concrete box cross road culverts. 1.1.16. Detailed Cross Sections This task consists of the design and drafting associated with the assembly of detailed cross sections to illustrate typical conditions, drainage designs, and non- typical conditions as needed for guidance during design, review and quantity estimating purposes. 1.1.17. Sensitive Area Ordinance Prepare a Sensitive Areas Site Plan in accordance with the Sensitive Areas Ordinance. The Sensitive Areas Site Plan will be prepared for the portions of the PROJECT which contain one or more of the following features: Fully hydric soils Prairie remnants, one acre or larger Stream corridors Archeological sites Steep slopes Woodlands, two acres or larger 1.1.18. Meetinas The CONSULTANT staff will attend a maximum of 4 meetings to review progress, assist in decision-making, and receive direction from the CITY and the Iowa DOT; one field exam which includes the preparation of materials, participation in the field exam and reviewing results of the field exam with the CITY, the Iowa DOT and others; and two public information meetings which include the preparation of display materials and hand out information, -4- 1,2. 1.2.1. attendance at a public informational meeting and reviewing results of the informational meetings with the CITY, Iowa DOT and others. Real Estate Services The work to be performed by the CONSULTANT under section 1.2, Real Estate Services, will include the following: Preparation of Acquisition Plats and Legal Descriptions The CONSULTANT will perform land corner and lot surveys as needed and prepare acquisition plats and legal descriptions. Said plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly registered land surveyor under the laws of the State of Iowa. 1.3. Final Plans and Specifications 1.3.1. 1.3.2. 1.3.3. 1.3.4. Based upon the preliminary design and plan preparation, field exam, review comments and, various meetings, the CONSULTANT shall subsequently proceed with final design, contract drawings, specifications, and estimates for the award of a single contract for construction. The contract documents shall describe in detail the work to be done, materials to be used, and the construction methods to be followed. The work tasks to be performed by the CONSULTANT under section 1.3. Final Plans and Specifications, shall include the following: Final Cover Sheets This item consists of finalizing the cover sheets. The cover sheets will include the following: Project Title, Sheet Index, Certifications, Location Maps, and Legends. Final Typical Sections This item consists of final design and drafting of typical cross-sections and standard details to be utilized for the improvements. Final Quantities This item consists of defining the final bid items to be included in the PROJECT as well as plan quantity tabulations and the development of the general notes and estimate reference information. Final Plan and Profiles This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, permitting and construction of the proposed improvements. This task also consists of the final design and drafting for the installation of new utilities and utility adjustments which can be determined from coordination with the utility companies at the time of plan development. -5- 1,3.5. Final Staging and Traffic Control This item consists of final design and drafting of the PROJECT staging notes, the temporaw construction signing and traffic control plans, the permanent pavement marking plans and the permanent signing plans. 1.3.6. Final Geometric Layouts. Jointing and Edge Profiles This item includes the final design and drafting ofjointing details, spot elevations, and geometric layouts for all non typical pavement areas. 1.3.7 Final Design of Storm Drainage Systems This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches, storm detention facilities, culvert structural details and miscellaneous storm drainage related facilities for the PROJECT. 1.3.8. Final Traffic Signal Design This task consists of the final design and drafting of traffic signals for the proposed intersection on Dodge Street. Included in this task will be the signal layout plans, wiring diagram, quantities, specifications, typical details, and other miscellaneous elements of the traffic signal installations. 1.3.9. Final Lighting Design This task consists of the final design and drafting of intersection lighting systems at the intersections of Dodge Street, Dubuque Road and First Avenue. 1.3.10. Final Soils Design This task consists of final design and drafting of the soils information including borrow and earthwork quantities. This item also includes the final design and drafting of erosion control measures to be provided on the PROJECT. 1.3.11. Final Streetscape/Landscape Design This task consists of the final design of streetscape elements. Included are locations, and elevations of lights, and signs. Also included are providing typical cross-sections through various areas showing the proposed landscaping. Landscaping design will include trees, shrubs, and grass cover for the PROJECT area. 1.3.12. Final Construction Details This item consists of the final design and drafting of miscellaneous details. Included are such items as special grading details, culvert details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. -6- 1.3.13. Final Design Cross-Sections This item consists of the final design and drafting of individual cross-sections for the PROJECT. Cross-sections will be developed at 50 foot maximum intervals, with additional cross-sections included as necessary to detail the proposed construction. Cross-sections will show the existing ground elevations as well as the proposed project grading, include special fore slope and back slope information, special subgrade treatment, ditches, utility locations and other pertinent information. 1.3.14 Water Main This item consists of incorporating the water main design as prepared by Howard R. Green Company into the final plans and specifications. The water main will extend from the westerly right of way of Dodge Street to the northern terminus of existing First Avenue paving. This item also includes the final design of the extension of the existing water main on First Avenue to the East-West Arterial and along the East-West Arterial to the existing water main on Dodge Street. 1.3.15. Permitting The CONSULTANT will secure all permits on behalf of the CITY. Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the CITY. The CONSULTANT shall provide technical criteria, written descriptions, and design data in filing applications for permits. The CONSULTANT will also be available to participate in consultations with permitting authorities. It is anticipated that the following permit(s) will be applied for: IDNR Permit for water main Permit to work in State Right-of-Way Permit to install and maintain traffic signals Application for use of highway Right-of-Way for utilities accommodation 1.3.16. Project Manual This task consists of providing a Project Manual for the PROJECT, including Notice of Hearing and Letting, Instruction to Bidders, Bid Forms, Bond Forms, Agreement Forms, General Conditions of the Construction Contract, Supplementary General Conditions, and Detailed Construction Specifications. The Project Manual will be developed using the Iowa City engineering consultant dossier as a guide. 1.3.17. Opinion of Probable Construction Cost The CONSULTANT shall prepare an updated Opinion of Probable Construction Cost for the PROJECT at the time of completion of the final plans and specifications. The Opinion of Probable Construction Cost is intended for the use of the Owner in financing and bidding the PROJECT. -7- ~.4. Letting Services The work tasks to be performed by the CONSULTANT under section 1.4. - Letting Services, shall include the following: 1.4.1. Printing of Plans and Specification This task consists of printing and handling of the Plans and Specifications. For budget purposes it is estimated that eighty 11" x 17" plan sets and specifications will be duplicated and assembled for distribution. This task also includes dissemination of the contract documents and maintaining a plan holders list during the bidding phase. 1.4.2. Notice of Project The CONSULTANT shall assist in the preparation of the formal Notice of Hearing and Letting. Publication costs shall be borne by the CITY. The CONSULTANT shall also prepare and disseminate an informal notice to contractors concerning the upcoming PROJECT. 1.4.3. Contractor Questions and Addenda The CONSULTANT shall be available to answer questions from contractors prior to the letting and shall issue addenda as appropriate to interpret, clarify or expand the bidding documents. 1.4.4. Letting, Bid Tabs, and Award Recommendation The CONSULTANT shall have a representative present when the bids and proposals are opened, shall make tabulation of bids for the Owner, shall advise the Owner on the responsiveness of the bidders, and assist the Owner in making the award of contract. After the awards are made, the CONSULTANT shall assist in assembling the contract documents for the PROJECT included herein. 1.5. Construction Staking The work to be performed by the Consultant under Section 1.5, Construction Staking, shall include qualified personnel, equipment, and supplies required for the following: 1.5.1. Grading 1.5.1.1 1.5.1.2. 1.5.1.3. 1.5.1.4. Construction Limit locations at approximately 100 foot intervals between break points. Slope stakes at 100 foot intervals with Cuts and/or Fills marked to the ditch grade and center line. Reference and preserve control points. After construction is complete, reset plan control points. -8- 1.5.2. Culverts 1.5.3. 1.5.4. 1.5.5. 1.5.6. 1.5.7. 1,6. 1.5.2.1. 1.5.2.2. Center lines. Flow lines elevations at inlet and outlet. Sanitary and Storm Sewers 1.5.3.1. 1.5.3.2. Center line offsets. Flow line elevations. Water Mains 1.5.4.1. 1.5.4.2. 1.5.4.3. Center line offsets. Flow line elevations. Locations of fittings, valves and fire hydrants. Intakes and Manholes 1.5.5.1. 1.5.5.2. 1.5.5.3. Location. Elevation of top and base. Back of curb and/or form grade elevation. PCC Pavement 1.5.6.1. 1.5.6.2. 1.5.6.3. Pavement Hubs with elevations on both sides at 25 foot intervals. At fixed elevations (existing pavements), elevations at centerline and both pavement edges. Entrance center lines. Traffic Signals and Lighting 1.5.7.1. 1.5.7.2. Pole locations. Controller locations. Staking work for removals, traffic control, earthwork quantities, drain tiles, shouldering, patching, granular surfacing, silt fence, field fence and other miscellaneous items are included, The above task consists of providing one-time construction staking to establish the line and grade of the proposed improvements. Additional Services Additional Services are not included in this contract. If authorized under a Supplemental Agreement the CONSULTANT shall furnish or obtain from others the following services: 1.6.1. Title Searches 1.6.2. DOT Type Plot Plans 1.6.3. Appraisals 1.6.4. Appraisal reviews -9- 1.6.5. 1.6.7. 1.6.8. 1.6.9. 1.6.10. 1.6.11. 1.6.12. 1.6.13. Right-of-Way negotiation/acquisition services Relocation assistance Closing services Eminent domain proceedings Flood plain permitting Environmental impact statements Construction Administration Construction Observation and Materials Testing 2. GENERAL TERMS 2.1 The CONSULTANT shall not commit any of the following employment practices in any subcontracts. 2.1.1 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. 2.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, martial status, sexual orientation, or gender identity. 2.2 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 4. The CITY may terminate this Agreement upon seven (7) calendar days' written notice to the CONSULTANT. 2.3 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. 2.4 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, and it is further agreed the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the PROJECT. 2.5 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 the CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. 2.6 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. 2.7 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 -10- made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. 2.8 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. 2.9 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. 2.10 The CONSULTANT shall furnish the services of Steven F. Laughlin, P.E. to attend such meetings of the City Council and public meetings relative to this Agreement and as may be requested by the CITY. Steven F. Laughlin shall attend other meetings as requested by the CITY. Any requirements made by the CITY shall be given with reasonable notice to the CONSULTANT. Steven F. Laughlin will direct all PROJECT efforts expended by the CONSULTANT during the work, and will serve as the primary liaison with the CITY. Changes in the CONSULTANT'S representatives shall be made only with the prior approval of the CITY. 2.11 Charles Schmadeke will act as the CITY'S representative with respect to the work to be performed under this Agreement. These two persons or their designees shall have complete authority to transmit instructions, receive information, interpret and define the CITY'S policies and decisions with respect to the work presented under this Agreement. 2.12 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. 2.13 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. 2.14 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. 2.15 Fees paid for securing approval of the authorities having jurisdiction over the PROJECT will be paid by the CITY. -11 - 3. SCHEDULE 3.1. Time of Completion The CONSULTANT shall complete the following phases of the PROJECT in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before June 10, 1997. 3.1.1. Preliminary Design and Plan Preparation 3.1.2. Real Estate Services 3.1.3. Final Construction Documents 3.1.4. Letting Services 3.1.5. Construction Staking June 1997 - Aug. 1997 June 1997 - Aug. 1997 Aug. 1997 - Nov. 1997 Nov. 1997 - Dec. 1997 Apr. 1998 - Nov. 1998 If notice to proceed is given at a later date, time of completion shall be extended accordingly. 4. COMPENSATION FOR SERVICES 4.1. Method of Payment CITY shall pay CONSULTANT for services rendered under Section 1 - Scope of Services the Lump Sum fees as follows: 4.1.1. Preliminary Design and Plan Preparation 4.1.2. Real Estate Services 4.1.3. Final Construction Documents 4.1.4. Letting Services 4.1.5. Construction Staking TOTAL $ 57,500 $ 10,000 $ 79,500 $ 5,500 $ 37,5OO $ 190,000 4,2 Payment Schedule 4.2.1 CONSULTANT shall bill CITY monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of CITY'S receipt of invoice. 4.2.2. If the CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until CITY has paid in full all amounts due. 4.2.3 CONSULTANT shall provide working drawings and other documentation deemed necessary to the CITY at meetings held periodically during the design phase and reach mutual agreement that work has been performed in accordance with the attached payment schedule. -12- 5. MISCELLANEOUS 5.1. Insurance Requirements 5.1.1. Certificate of Insurance, Cancellation or Modification Before commencing work, the CONSULTANT shall submit to the CITY, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and/or to halt work on the project, and to withhold payment for any work performed on the contract. 5.1.2. Minimum Coverage Any policies of insurance purchased by the CONSULTANT to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: i. Comprehensive General Liability Each Occurrence (1) Bodily Injury $250,000.00 (2) Property Damage Aggregate $5OO,OOO.OO $100,000.00 ii. Motor Vehicle Liability and Property Damage Insurance (1) Bodily Injury (2) Property Damage Per Person $250,000.00 PerAccident $500,000.00 $100,000.00 iii. Workers' Compensation insurance as required by Chapter 85, Code of Iowa. 5.2. Limitation of Liability CITY agrees to limit CONSULTANT'S liability to CITY due to CONSULTANT'S professional negligent acts, errors or omissions on the PROJECT to damages not exceeding the sum of $1,000,000.00. In consideration therefor, the CONSULTANT agrees at all times material to this Agreement to have and maintain professional liability insurance covering the CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $1,000,000.00. All provisions of he Agreement shall be reconciled in accordance with 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 this is the entire Agreement, and that no other monies or considerations have been solicited. -13- FOR THE CITY OF IOWA CITY, IOWA Mayor City Clerk Date: FOR THE CONSULTANT Shoemaker & Haaland Professional Engineers Date: · /~ Approved By City Attorney's Office -14- Attachment 1 Prepared by: Chuck Schmadeke, Dir. Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5141 RESOLUTION NO, 97-188 RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE WILLOW CREEK INTERCEPTOR SEWER PROJECT. WHEREAS, the City of Iowa City desires to construct the Willow Creek Interceptor Sewer Project ("Project") which includes a gravity sewer to the south and west areas of Iowa City. Flow in the Willow Creek interceptor sewer will go to the Napoleon Park pump station for pumping to the South Plant. WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under state and federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultant, Stanley Consultants, will be determining the location of the proposed Improvements; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit claim deed and/or easement for the construction of the Willow Creek Interceptor Sewer Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. The City Manager designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit claim deed and/or easement for the construction, operation and maintenance of the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest warranty deeds, quit claim deeds and/or easement agreements for recordation in the Johnson County Recorder's Office, at City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 4. In the event the necessary property rights for the Project cannot be acquired by Resolution No. 97-188 Page 2 negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 3rd day of June , 1 997. ATTEST: ~L~-.~. ~_.~ CITY-CLERK MAYOR City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Baker AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pwadmin\willowcr,res Prepared by: Rob Winstead, Sr. Engineer, City of Iowa City, 410 E. Washington St., Iowa City IA 52240 (319) 356-5145 RESOLUTION NO. 97-189 RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS. WHEREAS, the City of Iowa City has undertaken a project known as the Willow Creek Trail, Phase I Project, Mormon Trek to Galway Hills ("Project"); and WHEREAS, the Project includes constructing a 1 O-foot wide asphalt trail approximately 3,450 feet from Mormon Trek Boulevard to Galway Hills generally along Willow Creek; and WHEREAS, the City Council has been advised and has determined that the acquisition of permanent easements and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer will determine the location of the necessary permanent easements and temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said permanent easements and temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: It is in the public interest to acquire permanent easements and temporary construction easements for the construction of the improvements included in the Project, and acquisition of said permanent easements and temporary construction easements constitutes a valid public purpose. The City Engineer or his designee is hereby authorized and directed to negotiate the purchase of permanent easements and temporary construction easements for the construction of the improvements included in the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute permanent easements and temporary construction easement agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 97-189 Page 2 In the event permanent easements and temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such permanent easements and temporary construction easements. Passed and approved this 3rd day of June ,1997. ATTEST: CITY-CLERK MAYOR City Attorney's Office It was moved by No~'ton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT:. X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\wilcrtrl,res Prepared by: Daniel Scott, Civil Engineer, z~10 E. Washington St., Iowa City, IA 52240; 319-356-51 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT, [PROJECT NO. BRM-3715(5)--8N-52]. WHEREAS, Iowa Bridge & Culvert, Inc. of Washington, Iowa, has submitted the lowest responsible bid of $183,129.90 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Iowa Bridge & Culvert, Inc. of Washington, Iowa, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. Passed and approved this day of , 1997. ATTEST: CITY CLERK MAYOR App. rov~d by City Attorney's Office pweng\brkbrid.res aos City of Iowa City MEMORANDUM Date: To: From: Re: June 3, 1997 City Council Rick Fosse, City Engineer ~-~ Brookside Drive Bridge Project .On tonight's agenda is the award of the Brookside Drive Bridge Project. This bridge is partially funded by the Federal Bridge Replacement Program and was bid through the IDOT. Through an oversight on our part, the local requirements of the bidding process were not completed. For this reason it is necessary to defer tonight's award until June 17 and set by motion a public hearing for June 17. On June 17, Council will hold a public hearing, consider a resolution adopting plans and specifications and a resolution awarding contract. I apologize for this error. cc: Steve Atkins Marian Karr Eleanor Dilkes Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 97-190 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FIRST AVENUE PAVING & STORM SEWER IMPROVEMENTS PROJECT, BRADFORD TO MUSCATINE. WHEREAS, Streb Construction Co., Inc. of Iowa City, Iowa has submitted the lowest responsible bid of 91,149,808.82 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to Streb Construction Co., Inc. subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 3rd day of ~lune , 1997 CITY CLERK MAYOR Ap oved byj~ City Attorney's Office It was moved by ThoY'nber~.y and seconded by adopted, and upon roll call there were: Kubb.y the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\l stawrd.res City of Iowa City MEMORANDUM Date: June 2, 1997 To: Steve Atkins From: Rob Winstead Re: 1997 First Avenue Project - Bradford to Muscatine Deacon Parcel - 1230 S. First Avenue ISSUE We have just been informed by Phil Reisetter, the attorney representing the Deacon's, that our offer to purchase right-of-way and temporary construction easement is not acceptable. They want more money but have not told us how much. Sarah Holecek will continue to work with them but will also setup a date for condemnation since our time frame is critical. BACKGROUND The Deacon parcel lies on the northeast corner of First Avenue and Bradford Drive. It is one of four properties where the City has only 201/2 feet of right-of-way. We need 7 feet to widen the road and construct the 8 foot sidewalk. Our total offer to purchase right-of-way and temporary construction easement is $4,819. The basis for right-of-way is $10.25 per square foot taken from commercial appraisals prepared for the 1996 First Avenue project. We offered the commercial rate since we are encouraging them to relocate their driveway onto Bradford Drive rather than First Avenue, a benefit to both parties. The basis for temporary construction easement is $0.11 per square foot per previous city projects. In addition, we have cleared up a title problem for them. We have been in contact with the Deacon's throughout the design process and have been told on several occasions that they had no problem with the project or the acquisition documents. Last Thursday we were informed to speak with their attorney. Mr. Reisetter is reviewing valuations of like property and, after speaking with the Deacon's, will contact us with a counter offer. He has stated that he believes this acquisition can be negotiated, but we will begin preparing for condemnation should negotiations fail or the Deacon's demands become excessive. CC: Sarah Holecek Rick Fosse ADVERTISEMENT FOR BIDS FOR THE FIRST AVENUE PAVING & STORM SEWER IMPROVEMENTS PROJECT, BRADFORD TO MUSCATINE Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 27th day of May, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 3rd day of June, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: 10,050 s.y. PCC pavement, 13,100 s.f. PCC sidewalk, 5,145 I.f. various size storm sewer, 31 sta. of drainage swale reshaping, and associated work. All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, P.E., City Engineer, Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containlng the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused AF-1 directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 80 (based on mandatory 6-day work week) Late Start Date: June 16, 1997 Liquidated Damages: $500 per day Incentive Pay: $500 per day Interim Damages: $200 per day Reference Section 01310 of the Project specifi- cations for further details. The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer, Iowa City, Iowa, by bona fide bidders. A $30 non-refundable fee is required for each set of plans and specifications provided to bid- ders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be ob- tained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 ADVERTISEMENT FOR BIDS 1997 CURB RAMPS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 27th day of May, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on June 3, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of 9,000 SF of 4" and 6" Port- land Cement Concrete sidewalks and curb ramps, 900 LF of remove and replace curb, and other associated work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division of Iowa City, Iowa, which have heretofore been ap- proved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejec- tion is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council, and shall guarantee the prompt payment of all materials and labor, AF-1 and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of five (5) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Early Start Date: June 16, 1997 Late Completion Date: November 15, 1997 Liquidated Damages: $100 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. A $10 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contrac- tors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Iowa Department of Economic Development at 515/242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Recipro- cal Preference Act, Section 23.21, .Code of Iowa (1991), applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upor~ order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 97-191 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 SHIVE-HATTERY, INC. OF IOWA CITY, IOWA, TO PROVIDE ENGINEER- ING CONSULTANT SERVICES FOR THE IOWA RIVER CORRIDOR TRAIL PROJECT FROM BURLINGTON STREET TO NAPOLEON PARK. WHEREAS, the Iowa River Corridor Trail Plan has been adopted by the City of Iowa City and other public entities in the Iowa City Urbanized Area; and WHEREAS, the Iowa City City Council has directed City staff to proceed with design of the Iowa River Corridor Trail from Burlington Street to Napoleon Park; and WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Shive-Hattery, Inc., said agreement being attached to this Resolution and by this reference made a part hereof, and WHEREAS, Federal Transportation Enhancement funds are available through the Surface Transportation Program of ISTEA for trail projects, and the JCCOG Urbanized Area Policy Board has taken action to allocate Transportation Enhancement funds to construct the segment of the Iowa River Corridor Trail between Burlington Street and Napoleon Park; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with Shive-Hattery, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content, 2. The Mayor is authorized to sign and the City Clerk to attest the agreement for consultant services between the City of Iowa City and Shive-Hattery, Inc. Passed and approved this 3rd day of ~]une , 1 997. CITY Ct:ERK pweng\shive-ha.res Ap ro~ d by City Attorney's Office MAYOR Resolution No. 97-191 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef 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 3f'd day of · June ,1997 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to construct a recreational trail from Burlington Street to Napoleon Park (approximately 2.50 miles). Intersection improvements at the Burlington Street/Highway 6 intersection are also included in this project. 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. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. All phases of services will include the necessary work for compliance with Surface Transportation Program requirements relative to federal aid funding of construction. Design Development Phase A. Design Surveys The Consultant shall perform surveys as necessary to prepare a strip topography along the project route. B. Base Map Preparation Base maps to facilitate the trail design will be prepared from the topographic survey information. The maps will be prepared along the proposed alignment and will include existing topography features, right-of-way lines, buried utilities based on field locates, and above ground surface features affected by the proposed construction. C. Preliminary Design Coordinate with the Iowa DOT archeological and/or environmental survey of the project site. Survey will be completed by consultant staff and specialty subconsultant. Based on an approved schematic design concept plan, prepare geometric layout plan of proposed trail. o Prepare horizontal and vertical alignments to be used as the basis for final design. 197212-O 1 CONSULTANT AGREEMENT 4. Identify final design constraints for phased construction and review construction phasing plan as necessary to coordinate with public access, site development and utility construction projects in the area. 5. Develop a preliminary traffic control plan consistent with the proposed construction schedules. 6. Prepare anticipated trail project schedules, opinions of probable construction costs, and a preliminary project description for each project phase. 7. Prepare and submit required initial submittals to the City, Iowa DOT, State Historical Preservation Officer, Iowa DNR, and Corps of Engineers for preliminary design approval. 8. Identify apparent utility conflicts and required utility relocations to accommodate proposed trail construction. 9. Meet with City representatives to review preliminary project design and obtain review comments. 10. Meet with area property and business owners to review preliminary project design. Services Consultant will obtain copies of deeds for the owners of property abutting areas of new construction and reconstruction. Consultant will prepare a right-of-way display and easement documents for parcels of land for permanent and temporary easements required for construction. Consultant will prepare survey plats of all parcels of property to be acquired by the City. Certified abstracting of title, title opinion, appraisals, and right-of-way negotiation may be provided as additional services. Right-of-Way A. 197212-0 2 CONSULTANT AGREEMENT Construction Document Phase A. Final Design Determine the final pavement structures including type, thickness of surfacing, subbase design, shoulder design, subdrainage design, typical joint designs, and other pavement details. B. Typical Pavement Sections The final design typical pavement sections will be developed for the various segments of the project. These sections will show the pavement section, subgrade requirements, grading requirements, and pavement border design. C. Final Plan and Profiles The final design and drafting of the roadway plan and profiles will be prepared on base maps developed for the project. This will include all detailed information required by the Iowa DOT and shall be in accordance with the road design standards of the Iowa DOT. D. Final Design Cross-Sections Prepare the final design of the individual cross-sections for the project. Cross-sections will be developed at a minimum of 50-foot intervals with additional cross-sections included as necessary. Cross-sections will show the existing ground as well as final grading, foreslopes, backslopes, special subgrade treatment, and other pertinent information. E. Final Design Plans Layout plans and appropriate detailed design drawings showing the project and component parts shall consist of plans, elevations, sections, and other drawings, except structural metal work shop drawings, necessary for bidding and construction purposes. All original drawings will be prepared on 22" by 34" sheets and shall be in ink on mylar. Final design and drafting of trail plan and profile sheets will include complete detailed information for location of existing utilities, typical cross-sections, and individual cross- sections. Plan and profile shee~s will be prepared at a 20 scale. Approximately 70 sheets are anticipated in the drawing set. 197212-0 3 Fo CONSULTANT AGREEMENT Final Storm Drainage Design Final design and drafting of the storm sewer system, storm sewer inlets, manholes, culverts, ditches, and other storm drainage appurtenances on the project will be developed. The design of the storm sewer systems will be based on current Iowa DOT accepted standards and Iowa City design standards. Erosion Control Final design and drafting of temporary and permanent erosion control measures to be provided on the project during construction will be completed. Trail Lighting Design Trail lighting design on the City portion of the trail will be completed in accordance with current City standards. The University of Iowa design standards will be used for the portion of the trail maintained by the University. Lighting design will include determination of light locations, connections to electrical supply source, routings of proposed electrical conduits, and required electrical details to facilitate construction. Trail lighting design will be performed for the area from Burlington Street to Benton Street (west side of river). Railroad Crossing Signal Permanent railroad crossing signal design will be completed for the trail crossing along Benton Street. Design will be in accordance with CRANDIC Railroad design parameters. Signing and Pavement Markings Complete the final design and drafting of roadway/trail signing and pavement markings which are to be a permanent part of the project. Pedestrian Bridge Design Type, size, and location drawings will be prepared and submitted to the Iowa DOT for review and approval. Studies will be performed to review possible re-use of the pedestrian bridges from the Melrose Avenue Bridge Project. Final selection of a prefabricated bridge will be made and abutments (and piers, if required) will be designed for the prefabricated pedestrian bridges to be at three locations. 197212-0 4 eo CONSULTANT AGREEMENT Retaining Walls Concrete and segmental retaining walls will be designed for areas where design constraints prohibit a stable slope from the trail shoulders to existing ground. Final Design of Incidental Components All other design work such as sidewalk, design, incidental structures, etc. not stated herein necessary to construct a final completed project shall be the responsibility of the Consultant and no additional compensation shall be provided. Specifications The Iowa DOT standard specifications for highway and bridge construction will be utilized as the technical specifications for the project. The Iowa DOT standard contract documents will also be utilized for this project. Supplemental specifications and special provisions required by the project will be prepared and incorporated with the standard documents. Final Quantities The final bid quantities will be determined and included with the project specifications bidding form. Final Cost Opinion Following completion of the final design, an opinion of probable construction costs based on the final design will be prepared. Submittals, Reviews, and Revisions Submit plans to the City, University of Iowa, and Iowa DOT, approximately 40 percent complete, to facilitate required field examination. Participate in field examination and review results of field examination with the City and Iowa DOT. When final design plans are approximately 90 percent complete, they will be submitted to the City, University of Iowa, and Iowa DOT for review. Comments and revisions resulting from this review will be incorporated into the final plans prior to their completion. Final Plan and Specification Submittal Submit final plans, specifications, contract documents, and opinions of probable construction costs to the City and Iowa DOT for final approvals. 197212-0 5 CONSULTANT AGREEMENT S. Assemble Plan Documents Following final plan revisions, assemble title sheet, project quantities and reference sheet, location plan, roadway detail sheets, grading plan and profile sheets, typical section and tabulation sheets, and cross-section sheets. Permitting Obtain Corps of Engineers permit for project, Iowa DOT permit for use of right-of-way, Iowa DNR permit for bridges, and any other permits or approvals necessary. U. Design coordination with The University of Iowa. Bidding Phase Provide reproducible drawings to the Iowa DOT for utilization in their bidding procedure. The consultant shall respond to questions and attend prebid conference (as required). B. Distribute prebid notice at least 30 days prior to bid date. C. Issue addenda as necessary. TIME AND COMPLETION INFORMATION The Consultant shall complete services of the Project in accordance with the schedule shown below. The project will be scheduled for a February 1998 Iowa DOT letting. Critical path dates for concept, preliminary plans, check plans and final plans will be met as defined by the Iowa DOT. Final, certified plats will be delivered not less than 14 weeks prior to the utilities/right-of- way certification date. Preliminary acquisition information will be delivered as soon as it is available. Start Complete Design Development Final Plats & Environmental Clearance from Iowa DOT Construction Documents Bidding Construction Construction Staking Post-construction May 1997 June 1997 S~ptember 1, 1997 January 15, 1998 May 1998 May 1998 November 1998 September 1, 1997 September 1, 1997 November 21, 1997 February 15, 1998 November 1998 November 1998 June 1999 COMPENSATION FOR SERVICES 197212-O 6 CONSULTANT AGREEMENT The Consultant shall be compensated for the above scope of services utilizing lump sum fees as set out below. The Consultant shall be compensated on an hourly basis, as well as compensated for expenses, for any work beyond that set out in the above scope of services. The Consultant shall obtain approval from the City prior to performing any work beyond that set out in the above scope of services. The fees and budgets for time and expense scope of work items are summarized below: A. Lump Sum Fee Schedule (70 sheet set) Environmental/Archeological Studies Right-of-Way Acquisition Plat and Easements Design Development Construction Document Bidding Total $ 5,000 7,000 80,000 99,000 6,000 $197,000 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" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. Co 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 197212-0 7 CONSULTANT AGREEMENT 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 the 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 limitations 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 the Agreement. Should any section of the 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. 197212-0 8 MISCELLANEOUS A. CONSULTANT AGREEMENT 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. The City will provide the consultant the below listed support or information: 1. Review of submitted documents in a timely basis. 2. Topographic mapping of any areas available. FOR THE CITY By: Title: Mayor Date: June 3, 1997 ATTEST: pweng\consult.doc FOR THE CONSULTANT '-~ Larry F,,~rgan, P.E. Title: Vice-President Date: ,--'~--~ - '~ ? (~ ,,~p@roved By City Attom~,",.... · 197212-0 9