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HomeMy WebLinkAbout1996-04-23 ResolutionRESOLUTION NO. 96-94 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: Noose Lodge 950 Dover Street It wasmoved by Thornberry and seconded by as read be adopted, and upon rollcalltherewere: Vanderhoef that the Resolution AYES: NAYS: ABSENT: X X X X X Passed and approved this 23RD day of April Baker __ Kubby Lehman Norton Novick __ Thornberry Vanderhoef · 1996 . ATTEST: ~(~.,~ CITY-CLERK Approved by · ' i~orney's Office ~'~'~ \dancoprm.res Prepared by: Don Yucuis, Finance Director. 410 E. Washington St., Iowa City, IA 52240 (319)356-5052 RESOLUTION NO. 96-95 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY96 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:30 p.m., May 7, 1996, to permit any citizen to be heard for or against the proposed amendment to the FY96 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than four {4) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 23rd day of April ,1996. CITY-CLERK MAYOR it was moved by Thornberry and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef a\finadm 1 \operbdg,res la q Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 96-96 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1996 SANITARY AND STORM 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 7th day of May, 1996, at 7:30 p.r.~. in the Council Chambers, Civic Center, Iowa City, Iowa. 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. A copy of the plans, specifications, form of contract, and estimate of cost of 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 23rd day of April ,1996. Approved by City Attorney s Offic~,,_y,,~,_~.~ Reeolution No. 96-96 Page 2 It was moved by Tho~'nberry and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Charles Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240; 319- 358-5141 RESOLUTION NO. 96-97 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SILURIAN WELLS NO. 3 AND NO. 4 IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 7th day of May, 1 996, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project 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, A 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 23rd day of April '~n~ MAYOR Approved by.. . City Attorney s Office Resolution No, 96-97 Page 2 It was moved by Thornbe~y and seconded by adopted, and upon roll call there were: Venderhoer the Resolution be AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 96-98 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE N1ELROSE AVENUE BRIDGE RECONSTRUCTION PROJECT, PHASE I (PROJECT NO. BRM-3715(2}--8N-52), 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 7th day of May, 1996, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 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. A copy of the plans, specifications, form of contract, and estimate of cost of 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 23rd day of April , 1996. MAYOR , ., Approved by t~y Attome Reeolution No. 96-98 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 ¥ Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St,, Iowa City. IA 52240 (319) 356-5142 RESOLUTION NO. 96-99 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1996 MAINTENANCE AND REPAIR PROJECT - CAPITOL STREET PARKING RAMP, DIRECTING CITY CLERK TO PUSLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 7th day of May, 1996, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project 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. A 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 It was moved by Thornberry and seconded by adopted, and upon roll call there were: 23rd day of April ,1996. MAYOR / Approved b~, Office C~rney ~ Vanderhoef the Resolution be AYES: NAYS: X X X X X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Rob Winstead, Civil Engineer, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 96-100 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE RECONSTRUCTION PROJECT, STP-U-3715(8]--70- 52,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 7th day of May, 1996, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 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 ]ess than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of 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 23rd day of April ,1996. ATTES ':C, MAYOR Approved by 136 Resolution No. 96-100 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, Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Captain Don Strand, Iowa City Pohce Dept., 410 E. Washington St.. Iowa City, IA 52240; 319-356- 5272 RESOLUTION NO. 96-101 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD iV1AY 4, 1996 WHEREAS, the Iowa City Police Department has, during the past few months, stored a number of bicycles which have been abandoned by their owners; and WHEREAS, the Iowa City Police Department has made every effort to locate the owners of these bicycles and has been unsuccessful in its efforts; and WHEREAS, the number of bicycles which have accumulated have now become a storage problem, and the same are a burden to the City of Iowa City; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest bidder therefore on May 4, 1996, at 1:00 p.m. in the Chauncey Swan Parking Ramp, and that that notice of said sale shall be published in the Iowa City Press-Citizen once each week for two consecutive weeks, the date of the last publication being no more than one week prior to the day of sale. Proceeds of the sale of these bicycles shall be paid to the public safety fund portion of the budget of the City of Iowa City after hrst deducting therefrom the costs of the sale. Passed and approved this 23rd day of April ,1996. CIT~' CLERK MAYOR Approyed by ~ ,/7 Resolution No. 96-101 Page 2 It was moved by Thornbetray and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5251 RESOLUTION NO. 96-102 RESOLUTION APPROVING THE PROCEBURAL RULES OF THE IOWA CITY, IOWA, BOARD OF ADJUSTMENT WHEREAS, the Board of Adjustment has recommended approval of procedural rules to guide the Board in the conduct of its duties; and WHEREAS, the City Council Rules Committee has recommended approval of said procedural rules. NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City, that: 1. The Iowa City Board of Adjustment procedural rules are hereby adopted as follows: PROCEDURAL RULES Iowa City Board of Adjustment ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa, City Code Title 14, Chapter 4, entitled "Land Control and Development," Article B, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be qualified electors of the City of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large; a majority of the Board shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Pdor tothefirst regular meeting following their appointment, a new member shall be provided with a copy of the City Zoning Chapter, the Comprehensive Plan, the Board's procedural rules and other information that would be useful to Board members in carrying out their duties. Each new member shall be given an orientation bdefing by City staff. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges and after public hearing. Procedural Rules Iowa City Board of Adjustment Page 2 Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resignations. Resignations should be submitted in wdting to the Board Secretary, who will transmit the resignation to the Mayor with copies to the City Manager, the Director of Planning and Community Development, and the Board Chairperson, preferably at least sixty (60) calendar days prior to the date of intended depadure. ARTICLE III. OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice-Chairperson, each of whom shall be elected by a majodty vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice-Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice-Chairperson because of death, resignation, removal, disqualification or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice-Chairperson. The Vice-Chairperson, who shall act as Chairperson when the Chairperson is absent or abstaining, shall perform the duties of the Chairperson when so acting, and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Actins Chairperson. In the absence and/or due to the abstention of both the Chairperson and Vice-Chairperson, the remaining three-member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Planning and Community Development. Forms are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit all documents constituting a record, upon which the Board shall act, to the Secretary of the Board. Procedural Rules Iowa City Board of Adjustment Page 3 Section 2. Application Submittal. Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed moro than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties or the public right-of- way. Section 3. Application Filing Fee. The applicant shall complete the roquired forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon prosentation of the application. The fee shall be established by rosolution by the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number in the order in which it is received, within five (5) business days of the date filed. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public headng, the Secretary of the Board shall notify by mail of the time, place, and purpose of the public headng all property owners of record within 200 feet of the affected property, as provided by the applicant. The applicant shall be formally notified of the time and place of the headng, in wdting, by the Secrotary of the Board. Section 2. Newspaper Notice. The Secretary of the Board shall give no less than seven (7) business days public notice in a newspaper of general circulation as required by law. Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secrotary. ARTICLE Vl. HEARING: Section 1. Reqular Hearinqs. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearings. Special headngs or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three (3) or more members of the Board. Section 3. Place of Hearings. All headngs and meetings of the Board shall be open to the public and shall be in a place accessible to persons with disabilities. Section 4. Quorum. Three members of the Board constitute a quorum. Section 5. Applicant Reprosentation. The applicant may, at the time of the public hearing, appear on their own behalf and may be ropresented by agent and/or counsel. The applicant or their representative may present oral argument and testimony, witnesses including experts, and may submit written evidence and exhibits in the form of statements, photos, charts or other relevant evidence. In Procedural Rules Iowa City Board of Adjustment Page 4 the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6. Briefs. The Board may request wdtten bdefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Headng. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony which is overly redundant. The Chair may provide for recesses during the deliberations, as appropriate. Section 8. Hearin.q Order. The order of the hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the Board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion. Section 9. Board Deliberation. After all parties have been heard, the public headrig will be declared closed, so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law, which facts and legal conclusions must be set forth in writing as required by Iowa law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant any time before a decision of the Board is made. Section 10. Board Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 11. Board Votinq. After a motion and discussion, the Board shall be polled for votes. The concurring vote of three (3) members of the Board shall be necessary to uphold an appeal of a Zoning Chapter interpretation, to decide in favor of the applicant to grant a special exception as provided for under the Zoning Chapter, or to grant a vadance to the Zoning Chapter. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, shall cast a vote upon each motion. There shall be no vote by proxy; however, a member may abstain if the member believes there is a conflict of interest. A member who elects to abstain from voting shall state the reason for the abstention at the time of voting. Pdor to the discussion of the matter under consideration, a member who plans to abstain from voting should so inform the Board, and refrain from discussion and deliberation on a case where a conflict of interest exists for that member. Section 12. Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to conduct Board headngs and meetings. Procedural Rules Iowa City Board of Adjustment Page 5 ARTICLE VII. RECORDS: Section 1. Record of Headn~s. Headngs shall be taped and such tapes shall be kept for a period no less than six (6) weeks. Minutes shall be kept by a minute-taker, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file atthe City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcript. Upon request, a transcript of the tape of the Board's deliberations is available, at cost. ARTICLE VIII. DECISIONS: Section 1. W'nenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are concluded. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law, as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's office, for recording at City expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and the Attorney of Record within a reasonable time after filing with the City Clerk. ARTICLE IX. AMENDMENTS TO PROCEDURAL RULES. Section i. A concurring voJe oT tnree (3) o[[he n~un~uur~ of tnu ~uu~u shall be necessary to all~unu these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. Passed and approved this 23rd day of April ,1996. ATTEST: ~,~.~.,,~..~ CITY'CLERK ppdadrnin\boarules.res MAYOR Approved b/y~, Offici' Resolution No. 96-102 Page 6 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X X ..-X X the Resolution be Baker Kubbv Lehman Norton Novick Thornberry Vanderhoef Melody Rockwell, Associate Planner. 410 E Washington St.. Iowa WHEREAS, the Board in the WHEREAS, the NOW, THEREFORE, be it 1. The Iowa City Board IA 52240 (319)356-5251 RESOLUTION NO., N APPROVING THE PROCEDURAL. RUL ,DJUSTMENT Adjustment has recommended duties; and Rules Committee has by the City proce~ OF THE IOWA CITY, IOWA, of procedural rules to guide the approval of said procedural rules. of the City of Iowa City, that: rules are hereby adopted as follows: IRAL RULES Iowa of Adjustment ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment ~ Code of Iowa, City Code Title 14, entitled ARTICLE II MEMBERSHIP Section 1. Qualifications. the City Council. All A majority of the Board shall not be Board of Adjustment Board shall be q ~f the Board shall be persons ~n the business of purchasing ~uthority which is conferred by Chapter 414 of the ,d "Land Control and Development," Article B, )n of these procedural rules stated herein. of five (5) members appointed by lectors of the City of Iowa City, Iowa ,nting the public at large; a majority selling real estate. Section 2. expenses incurred for submitted to the Members shall serve without outside the city on designated Board but may be reimbursed for Such expenses must be Section 3 a Board's procedL their duties. E r New Members Pnor to the first regular meetin ; provided with a copy of the City Zoning Chapter, the rules and other information that would be useful to Board shall be given an orientation briefing by their appointment, mprehensive Plan, the tubers in carrying out Section 4. Three consecutive unexplained absences of a Board:)er from regular Board meeti may result in a recommendation to the City Council from the Board discharge said member an~ appoint a new Board member. Members shall be removable for cause by the City Council upon written charges and after public hearing. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled for the unexpired term by the City Council after at least 30 days public notice of the vacancy. rs~hall Section 6. Members shall be appointed for terms of five years. No roerobe be appointed to s i ~ nem~ ;ely ~s. However, a member appointed to fill an unexpired ter~f with one year or less ining may also be appointed concurrently for one full five (5) year term~. / Section 7. Resi(9ns. Resignations should be submitted in writing to the Board S,e(;retary, who will transmit to the Mayor with copies to the City Manager, the Direct/of of Planning and Communit~ and the Board Chairperson, preferably at least 60,,~/y~ pdor to the date of intended departure. ARTICLE III. OFFICERS: Section 1. Number. of the Board shall be a Chairperson a~d a Vice-Chairperson, each of whom shall be elected byiority vote of the members of the Board. The Board Secretary shall be a staff person, who is by the Director of Planning an¢,~ommunity Development. Section 2. Election and Term of The Chairperson an,d/Vice-Chairperson shall be elected annually at the first regular meeting '~e Board each year.j' Section 3. Vacancies. A vacancy in the o-~ce of Cha~rpers,,on or Vice-Chairperson because of death, resignation, removal, disqualification or othe"r,,.cause shall be filled by election from the members of the Board for the unexpired potlion of the term. ~ /" Section 4. Chairperson. The Chairperson shall,'~e/n present, preside at all meetings, call special meetings and in general perform all duties incide?t,,to the office of a Chairperson, and such other duties as may be prescribed by the members fro. fi~ t~e to time. Such Chairperson may administer oaths and compel the attendance of witnesse~?/ Section 5. Vice-Chairperson. The Vice-~/hairperson, ~1~o shall act as Chairperson when the Chairperson is absent or abstaining, shallp~rform the duties ~the Chairperson when so acting, and shall have all the powers of and be sub,~t to all the restriction's,,upon the Chairperson. Section 6 Actinq Chairperson. In th,e,/~,b,,s, ence and/or due to the a~stention of both the Chairperson and Vice-Chairperson, the remaining) three-member Board may elec~t~a member to serve as Acting Chairperson. The Acting Chairpers~'n shall perform the duties of the Ct~irperson and when so acting shall have all the powers of andl~ subject to all the restrictions uponCha rperson. Section 7. Secretary. The ap,~ointed staff person, who serves as theo~d's Secretary, shall be responsible for maintaining tl~b office of the Board, receiving and filing)ard~ecisions and orders, posting a,n,d publishing notic/~s as required by law and for maintaining r lutes ~d other records of the Board s proceedings./ ARTICLE IV. APPLIC/~IONS: Section 1. Application'Forms. Any application for a request or appeal to the B. aro ....d of.,Adju .~ment shall be filed with the C~ Clerk on forms provided by the Secretary of the Board. The Secretaq/'s office is located in the D.~pa~rnent of Planning and Community Development. Forms are also avA, i~a in the office of the/City Clerk. In the appropriate cases, the Building Inspector shall trans~,all documents c,~titutmg_a record, upon which the Board shall act, to the Secretary of the Boar( Section 2. Al~plication Submittal. Applications or appeals to the Board shall be filed with the City within a reasonable time after the action appealed from, and shall specify the grounds for such appeal. Procedural Rules Iowa City Board of Adjustment Page 3 An appeal have way. a decision of the Building Inspector to issue a building pE within a reasonable time if such appeal is filed more tha~ permit is observable from adj be deemed to (10) days after or the public right-of- Section 3. n Filing Fee. The applicant shall complete the information re( )n the form, and any additional information as the Board. A filing feebe paid upon presentation by resolution by the;ouncil. uired forms, providing all uested by the Secretary of The fee shall be established Section 4. Party of the real party in interest, Requests for a variance or as the owner or contract purch; must be filed on behalf of Section 5. Case Number. An number in the order in which it is filed according to within five above procedure shall be given a case days of the date filed. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than Board shall notify by mail of the time, record within 200 feet of the affected formally notified of the time and place of the h( to the public hearing, the Secretary of the 3ose of the public hearing all property owners of provided by the applicant. The applicant shall be ng, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. The Secretar in a newspaper of general circulation as shall give no less than 7 days public notice W. Section 3. Notice Sign. No less than a sign on or near the property upon wh immediately following the public he~ applicant(s) by the Board Secreta~j. on the public hearing, the Applicant shall post being made, and shall remove the sign The sign will be provided to the ARTICLE Vl. HEARING: Section 1. Regular Hearings. I-)(garings will be held as needed at a~,egular time and place to be set by the members of the Board/ ~. Section 2. Special Hearing. Special headngs or meetings of the B~,ard may be called by the Chairperson and shall be,,~alled by the Chairperson or Vice-Chairperson',~t the request of three or more members of the B,~rd. ~ Section 3. Place of He,~rin.qs. All hearings and meetings of the Board shall be'yen to the public and shall be in a place ~essible to persons with disabilities. ~ Section 4. Quor.~. Three members of the Board constitute a quorum. ~. Section 5. ApplYcant Representation. The applicant may, at the time of the public beetling, appear in his/her own b(~half and may be represented by agent and/or counsel. The applic~0t or his/her representative may present oral argument and testimony, witnesses including experts, and'may submit written evidence and exhibits in the form of statements, photos, charts or other relevant evidence. In the absence of the applicant or his/her representative(s), the Board may proceed to act on the matter Procedural Rules Iowa City Board of Adjustment Page 4 based information provided. Section 6. written briefs The Board may request written briefs for legal argument. ey so choose. may submit Section 7. Chairperson of the possible. The testimony appropdate. of Hearing. Order and decorum shall be ustment, so as to allow an orderly swear witnesses and direct order of redundant. The Chair may provide for at the hearing by the of evidence wherever The Chair shall avoid during the deliberations, as Section 8. Hearinq Order. hearing shall 1. Staff '~tation of the facts of theand recommendation to the Board. 2. Statement proponents of the ~hcation. 3. Statement by )onents of th~ 4. Rebuttal by by opponents. 5. General discussion. Section 9. Board Deliberation. After alt pa~~ave been heard, the public hearing will be declared closed, so that the Board may e. The Board must state its findings of fact and conclusions of law, as required by stateThe may request additional comments from the participants. An application may be d~ ~rred orrawn at the request of (ne applicant any time before a decision of the Board is mad~ Section 10. Board Motions. Motio~ except the Chairperson. be made by any member of the Commission Section 11. Board Voting. motion and discussion, the shall be polled for votes. The concurring vote of three (3) members of the Board shall be necess~l~ to uphold an appeal of a Zoning Chapter interpretation, or to c~cide in favor of the apphcant to grant~ special exception as provided for under the Zoning Chapt7 or to grant a variance to the Zoning Ch~,er. Voting on Board decisionSwall be by roll call and will be recorded by yea~xand nays. Every member of the Board, including t~ Chairperson, shall cast a vote upon each mot~o~ There shall be no vote by proxy, however, a n~mber may abstain if the member believes there is a, confiict of interest. A member who elects tc)/abstain from voting shall state the reason for the abs't,ention at the time of vobng Prior tothe di~'cuss~on of the matter under consideration, a member who ~ns to abstain from voting should so inf/~rm the Board, and refrain from discussion and deliberation Oq a case where a conflict of interest//xists for that member. Section 12. LeqAI Advisor. The City Attorney or a designated representative shall act as~gal counsel to the Board. Section 13. Except as othenNise provided herein, Robeds Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. Procedural Rules Iowa City Board of Adjustment Page ARTICLE RECORDS: Section 1. less than six approval by the of the Board and reporter at the of Headn~s. Headngs shall be taped and Minutes shall be kept by a minute-taker, or the Secretary of the Board. also be on file at the City Clerk's own expense. be kept for a period no fo~varded to the City Council after )11 be maintained by the Secretary ;. The applicant may request a court Section 2. Case Files. additional information. business hours. Copies Secretary of the Board shal tile shall be a public made available upor a file of all cases including forms and and available for public inspection during at cost. Section 3. Transcript. Upon at cost. est, a transcript of the Board's deliberations is available ARTICLE VIII. DECISIONS: Section 1. VVhenever possible, the testimony and presentation of Board shall be made at the same headrig wherein concluded. Section 2. Formal decisions shall be mad law. writing, setting forth findings of fact and conclusions of Section 3. Each decisions shall hearing, and shall be stamped Clerk to forward the decision to the Johnsonounty ;ity Clerk within a reasonable time after the Board icate the date and time of filing. The Clerk will ~s office for recording. Section 4. A copy of said the Building Inspector, the City after filing with the City Clerk. lall be forwarded Office, the Secretary of the Board to the applicant, , of Record within a reasonable time ARTICLE IX. AMENDMENTS PROCEDURAL RULES. Section 1. A concurring vote/of three of the members of the Boa~ shall be necessary to amend these procedural rules. Such prg~3osed amendments shall be present~,d in wdting at any regular meeting or at any special meeting ~alled for that purpose. Amendments sh'~11 go into effect upon approval by / MAYOR ~ -- CITY CLERK ~y AttorEe¢¢~ce ~ Prepared by: Don Yucuis, Finance DirectoF, 410 E. Washington St., Iowa City, IA 52240 {319)356-5052 RESOLUTION NO. 96-103 RESOLUTION NAMING DEPOSITORIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name Firstar Bank First National Bank Iowa State Bank Hills Bank & Trust Homeland Savings Bank, FSB Hawkeye State Bank Bank, FSB Norwest Bank U of I Credit Union Passed and approved this Location of Home Office Local Location 222 Second Ave. SE Same Cedar Rapids, IA 52401-1214 204 E. Washington St. Same Iowa City, IA 52244-1880 102 S. Clinton St. Same Iowa City, IA 52244-1700 131 Main Street Hills, IA 52235 999 Home Plaza Waterloo, IA 50701-3731 229 South Dubuque Same Iowa City, IA 52240 P.O. Be'<. 73850 Cedar Rapids, IA 52407-3850 101 3rd Avenue SW Same Cedar Rapids, IA 52406 500 Iowa Avenue Same Iowa City, IA 52244-2240 23rd day of April 132 E. Washington St. Iowa City, IA 52240 150 E. Court St. Iowa City, IA 52240-4110 30! S. C!inton St. Iowa City, IA 52240 Maximum Balance Maximum Balance in effect under in effect under prior resolution this resolution $25,000,000.00 $25,000~-O00.00 812,000,000.00 $15,000,000.00 $12,000,000.00 $15,000,000.00 $15,000,000.00 $15,000,O00.00 $10,000,000.00 $15,000,000.00 $1,500,000.00 $5,000,O00,00 $10,O00,000.O0 $10,000,000.00 $20,000,000.00 $35,000,O00.00 $5,000,000.00 $5,000,000.00 ,1996. CITY'CLERK MAYOR Approved by Cit~ Attorney s Offi_c,e Resolution No, 96-103 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll cell there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 96-104 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR WHISPERING MEADOWS SUBDIVISION OUTLOT A - MEADOWLARK II CONDOS. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer and water main improvements for Whispering Meadows Subdivision out lot A - Meadowlark II Condos, as constructed by B & D Construction Company of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this. 23rd day of April ,1996. ATTEST: CITY'CLERK MAYOR Approved by Resolution No, 96-104 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker __ Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY April 15, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: Whispering Meadows Subdivision Outlot A - Meadowlark II Condos Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main public improvements for Whispering Meadows Subdivision Outlot A - Meadowlark II Condos has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer and water main improvements constructed by B & D Construction Company of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASfil;qOTON STREET · IOWA CITY, IOWA S2~40-1826 · [319) 3~6-$000 · FAX (~19) 356-3009 Prepared by: Denn¥ Gannon, Asst. City Engineer. 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 RESOLUTION NO. 96-105 RESOLUTION ACCEPTING THE WORK FOR THE PAVING AND WATER IViAIN PUBLIC IMPROVEMENTS FOR 916 SCOTT PARK DRIVE WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Paving improvements for 916 Scott Park Drive as constructed by Metro Pavers, Inc. of Iowa City, Iowa and water main improvements for 916 Scott Park Drive as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 23rd ATTEST:ciT~Y~LERK day of April , 1996. MAYOR Approved by U't~/Attorney s Office It was moved by Thornberry and seconded by adopted, and upon roll cell there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X Baker X Kubby X Lehman '~ -- Norton '~ -- Novick X __ Thornberry ~{ __ Vanderhoef Resolution No. 96-105 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vand~rh~ef the Resolution be AYES: NAYS: ABSENT: Baker Kubby ,Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY April 15, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: 916 Scott Park Drive Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the paving and water main public improvements for 916 Scott Park Drive has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa and for the water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. This tract of land (916 Scott Park Drive) and the adjacent right of way, together totaling 1.02 acres, were annexed by the City of Iowa City in the fall of 1994 and are located north of Scott Boulevard East, Part Two. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 o i319) 3S6-5000 · FAX (.119) 3S6,$009 f Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 96-106 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS, PARTS THREE AND FOUR, IOWA CITY, 10WA, WHEREAS, the owner, Dav-Ed Ltd., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Galway Hills, Parts Three and Four; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of both the City Code and with the State Code of Iowa 11995). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Galway Hills, Parts Three and Four, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval as provided by law. Passed and approved this 23rd day of April ,1996. CITY'GLERK MAYOR Approved by % Cit~/Attorney s Office~_,~3_,¢.¢ Resolution No. 96-106 Page 2 It was ml~e~by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS; X X X X X Lehman ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, 319-356-5243 RESOLUTION NO. rlON APPROVING THE PRELIIVIINARY PLAT FOUR, IOWA CITY, IOWA. GALWAY HILLS, WHEREAS, the Dav-Ed Ltd., filed with the City Cle for approval of the preliminary plat of Galway Hills, Pa~ Iowa City, Iowa, an application and Four; and WHEREAS, the Department of Planning and Commt Department examined the preliminary plat Development and the Public Works approval; and WHEREAS, the Planning and Zoning Commissi deliberation, recommended acceptance and the preliminary plat and, after due of the plat; and WHEREAS, the preliminary [ and with the State Code of Iowa (1 h all of the requirements of both the City Code NOW, THEREFORE, BE IT RESOLV IOWA THAT: BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 1. The preliminary plat of approved. The Mayor and directed to certi' approval as p~ Passed and approye/d this ATTE~ :ITY CLERK Hills, Parts Three and Four, Iowa City, Iowa, is hereby Clerk of the City o~lowa City, Iowa are hereby authorized and ; resolution, which s~all be affixed to the plat after passage and by law. day of ~ , 1996. MAYOR A~pp vedby Date: April 23, 1996 To: Linda Woito, City Attomc-y, Mayor Naomi J. Novik and M~mbers of the City Council From: Galway Hills Residents Re: Outlet 4 of Preliminary plat for Galway Hills Pa~t 3 & 4 Thank you again for allowing us the oppol'lUnity to try to meet with Mr. Cahill. This has always be,¢n a neighborhood effort and this proposal does not b~efit the existing neighborhood or the filture neighbors to the south. The benefit of the corridor, preserving the cheny and other trees was outweighed by the fact that we weren'l looking to increase one lot siz~ at the expense of another. The plan, as drafted, offered: 1. no increased use of open space for Galway HilLs, 2. no decrease in density of lois abutting Galway 1, and 3. no landscaped buffer between the two extreamly d'Lfferent subdivisions. We feel that tho developers representatives, in the developers absense, did not undcmtand the concerns and ideas brought forth by the neighbors al the meeting on the 16th of April.. Transcript from 4\16~96 meeting concerning Gal~vay Hills Subdivision We introduced ourselves and gave our address Mark Kamps (MK), Dori Thomas, Bey Johlin,Jod)- Murph, Perrie Nades, Meg Bayless, Mary Reiman, Bob Eischorsl, Dale Reiman, Jeff Nicholson, Ron Reed; Chuck Mullen, Larry Schnichter(LS) MK Is there at~son why Dave Cahill could not be here today? LS Not that I know of; he just asked me to be here in his place. MK Can you speak for him? LW (Linda Woito) Landscaped space sounds like grass to me. LS Grass and trees and shrubs. LW And ffDavekEd agrees to this, ~ve will bring the full map to council ....... City of Iowa City MEMORANDUM Date: April 18, 1996 To: The Honorable Mayor Naomi J. Novick and Members of the City Council From: Linda Newman Woito, City Attorney ~esen~ Re: Attendance at Meeting between Developers' Repr rhood Members; Galway Hills Subdivision, Parts 3 and 4 On Tuesday, April 16, 1996, twelve neighbors from the Galway Hills Subdivision, Part 1, attended a meeting in the City Manager's Conference Room, also attended by Chuck Mullen, attorney for the subdivider DawEd, and Larry Schnittjer, design architect for the subdivision. I attended so that I could report back to you on the meeting and progress, if any. The three topics were discussed, as requested by the City Council: 1. The trail system, the concept of which was put further by Sandy Rhodes (see below). Future secondary access, which apparently Iowa City staff is expecting to go to the south to Rohret Road east of Highway 218, and exiting on Coil Drive (which is part of the Walden Wood Subdivision). This access, in my mind, will create new problems -- but that is an issue for another day. 3. Buffering of the larger lots from the smaller lots (see below). The group agreed to recommend the following to the City Council: Trails. The 4 acres proposed to be private open space, namely the dry bottom detention basin, should be made a public open space and dedicated to the City and to the public, with a new pub!ic trail integrating that space with the trail to be installed near un,~,~ thu Hills vv,,,uw ~.,,~r~. ~ ,,,,~ wuu,u ,,u, be ,~u,,Ler'~ The Galway F oil k'~cl~./ plat presented to you at your April 6-7, 1996 meetings show this 4 acres as "private open space". We were all made aware that the Parks & Recreation Commission did not want this area to be a public open space because of maintenance. Result: A design of this new public trail will be available for the Monday work session, starting at 6:30 p.m. April 22, 1996, and is acceptable to the developer. Buffers. Assuming the subdivider would agree, Larry Schnittjer agreed to design a buffering strip between the rear of the larger lots and the rear of the smaller lots, which the neighbors want to be basically a strip of grass or vegetation where they could walk or ride their bikes. I noted that all families were represented that would abut this buffering path except two families. Everyone agreed that if such a buffer were included, that all properties which abutted the area would have to unanimously agree to such stdp of land. The neighbors agreed to maintain the buffering landscaped space either privately, or by forming a homeowners' association. Result: The proposed buffer idea was acceptable to the developer, see attached design. Neighborhood Representation, All of the neighbors involved in these discussions are residents of Part 1 of Galway Hills Subdivision. Although Part 2 was platted in 1995, there are no streets or sold lots. This is why few sidewalks exist. In an attempt to incorporate these ideas into the plat, I have drafted an amended Resolution for your discussion. This amended resolution also incorporates some staff suggestions. This matter will be discussed at your work session on Monday, April 22, 1996, and will be on your formal agenda for voting on April 23, 1996. I see no reason why additional delays should occur. Even with the added conditions and the cooperation of the neighbors and developer, the preliminary plat for Parts 3 and 4 can and should move forward. cc: Chuck Mullen, Attorney for Dav-Ed Larry Schnittjer Karin Franklin City Clerk City Manager Asst. City Manager Mark Kamps and Mary Reiman, Representatives of the Neighborhood 25 15.33' '%, Prepared by: Scott Kugler. Associate Planner. 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. RESOLUTION PARTS THREE THE PRELIMINARY PLAT OF GALWAY HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Ltd. riled with the City for approval of the preliminary plal "Galway Hills, Parts Three ,, Iowa, an application Four; and WHEREAS, the I'),partment of Planni and Community Department examined the preliminary at and recomme] and the Public Works and WHEREAS, the Planning ~ deliberation, recommended nission the preliminary plat and, after due the plat; and WHEREAS, the preliminary plat conforms and with the State Code of Iowa (1995). II of the requirements of both the City Code NOW, THEREFORE, BE IT RESOLVED E IOWA THAT: CiTY COUNCIL OF THE CITY OF 10WA CITY, Subject to the following c( and Four, Iowa City, is hereby ~reliminary plat of Galway Hills, Parts Three The subdivide~ is desi (eg. grass) to all the Outlot 4 owner,, care grant a buffer plat as Outlot area. This owners in Galwa ~icted on the attached ,~a in Galway Hills, Part Three, which area to serve as and be used as a landscaped dl be for $1 and be an undivided interest -lills Subdivision, Part One which abut ram. In return, said abutting property landscape and forever Outlot 4, and may form a formal ; Association or may choo~ to form an informal association to said Outlot 4 in perpetuity. 2, which was originally shown on the preliminary plat as private open is a dry bottom detention basin of + 4,8 acres. This area shall now be ;dicated to the City as public open space, and shall be integrated by a public trail system through Outlot 2 with the trail system'slated for Willow Creek. City shall accept the 4.8 acre detention area and integrated trail as "public open space for recreational uses", but only if the 4,8 acre detention is not deemed to be credited toward the 6 acres the Subdivider is obligated to dedicate under a Conditional Zoning Agreement dated , 199 Resolution No. Page 2 The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval as provided by law. Passed and approved this day of ,1996. : " MAYOR Approve0 by \ . CITY CLERK ~., 'CiW//Attorney s Office_/J;-?~ It was moved by and se red'by the Resolution be adopted, and upon roll call there were: ABSENT: AYES: NAYS: / / / __ Baker / __ Kubby Lehman __ Norton Novick Thornberry Vanderhoef ~1'14'5.~"E 137 Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 96-107 RESOLUTION APPROVING THE EXTRATERRITORIALPRELIMINARYAND FINAL PLAT OF RIVER HILL ADDITION, JOHNSON COUNTY, IOWA. WHEREAS, the applicants, Dwight and Vicki Tardy, filed with the City Clerk the final plat of River Hill Addition, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in iowa City, Johnson County, iowa: That part of the northwest fractional quarter of Section Three (3) and the NE fractional quarter of Section Four (4), Township Seventy-Eight (78) North, Range Six (6) West of the Fifth P.M., Johnson County, iowa, more particularly described as follows: Beginning at the NW corner of Lot 1 of Vogel Subdivision, Johnson County, Iowa, as recorded in Plat Book 19 at Page 97, Johnson County Recorder's Office; thence N 00000'53" E, along the recorded west line of said frcl. NW ~A, 395.37 feet to the east row line of State Highway//923 (former U.S. Highway //218); thence N 10o58'40" W along said row line, 2.22 feet to a found iron rail; thence N 12°37'20" W along said row line, 169.04 feet to a found iron rail; thence NW-ly 181.42 feet to a found iron rail along an arc of a 1850.O0 foot radius curve to the right, having a chord distance of 1 81.35 feet, bearing N 09o59'48" W; thence S 88042'42" E, 68.95 feet to the NWcorner of said frcl. NW ~; thence N 89024'39" E, 548.30 feet to a found rebar on the west row line of the Crandic Railroad; thence S 07°35'48" E along said west row line, 1015.00 feet to a found rebar; thence S 83 °02'50" W, 102.O1 feet to the east line of Lot 2 of said Vogel subdivision; thence N 07o40'32" W along said east line of Lot 2, 103.08 feet to a found rebar; thence N 19000'24" W along said east line of Lot 2, 101.02 feet to a found rebar and the NE corner of said Lot 2; thence N 12o27'04" W along the east line of Lot 1 of said Vogel Subdivision, 151.56 feet to the NE corner of said Lot 1 and a found a/a" rebar; thence S 86°43'24" W along the north line of said Lot 1, 408.71 feet to a found S/a" rebar; thence S 00°58'17" E, 43.61 feet to a found S/s" rebar; thence S 86o43'08" W, 94.89 feet to the point of beginning, containing 10.597 acres, more or less, which includes 0.200 acres of road row that is to be dedicated to the public, and is subject to easements or 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 Resolution No. 96-107 Page 2 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 (1995) 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 extraterritorial 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 owner/subdivider shall pay the costs of recording the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 23rd day of April , 1996. CITY CLERK Approved by City Attorney s O ice .z~_/,,~_ ~,.~ It was moved by Lehman and seconded by adopted, and upon roll '-" * - ~ C~,, ~h~,r,~ were; Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Item: SUB96-0008. River Hill Addition GEN_EJ~AL INFORMATI~)N: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Prepared by: Scott Kugler Date: April 4, 1996 Dwight and Vicki Tardy 2911 Radcliffe Avenue Iowa City, IA 52240 Phone: 351-5208 Preliminary and final plat approval. To create a 3-lot residantial subdivision. 4608 Oak Crest Hill Road 10.3 acres Residential & Agricultural; RS, A1 North: Undeveloped/agricultural, A1; East: Undeveloped/agricultural, A3; South: Residential, RS West: Undeveloped/agricultural, A1 This area is not addressed in the Com- prehensive Plan or the Fringe Area Agreement. Title 14, Chapter 7: Land Subdivisions March 14, 1996 April 29, 1996 May 14, 1996 City water and sawer services are not available in this location. The property lies outside of the City's growth bound- aries, 2 Public services: Police protection will be provided by Johnson County, and fire protection by Hills. Transportation: No Iowa City Transit bus routes serve this area. Physical characteristics: The property contains very steep slopes on lots 2 and 3. Lot 1 contains an existing residence located on the top of a ridge. Lot 2 is also wooded. BACKGROUND INFORMATION: The applicants, Dwight and Vicki Tardy, on behalf of property owners Stephen and Kathleen Bright, have requested preliminary and final plat approval of River Hill Addition, a 10.3 scre, 3-lot residential subdivision located at 4608 Oak Crest Hill Road SE. The property contains an existing residence located on Lot 1 and some outbuildings located on Lot 3. Lot 1 is located on the top of a ridge overlooking the Iowa River to the east. Lots 2 and 3 contain very steep slopes. This site lies within an area that until recently was under Hills' extraterrito- rial review, and thus is not addressed in the Fringe Area Agreement. It is located outside of the City's designated growth boundaries. ,.ANALYSIS: The preliminary and final plat appears to be in general conformance with the City's subdivision regulations, with the exception of those items listed under Deficiencies and Discrepancies, below, A Grading Plan must be submitted and approved prior to City Council consideration of the plat due to the steep slopes that are located on the property, Legal papers have been submitted and are under review by Public Works and the City Attorney's office, The legal papers must also be approved prior to Council consideration, Lot 3 as shown on the plat contains no frontage on a public street. The applicants indicate that Lot 3 will be used for livestock and/or crops. Staff recommends that Lot 3 be relabelled as Outlot A, to be used for agricultural purposes. The applicants have indicated that they rotend to revise the plat to relabel Lot 3 as Outlot A, but staff has not yet received a revised plat. Lot 2 appears to be fully occupied by a wooded hillside. Staff questions whether or not suitable building and septic sites can be found on this lot. Any development on the property will likely require extensive grading of the hillside. The applicant has been advised to consult an engineer prior to any grading on Lot 2 to determine its impact on the stability of the slope. Normally, the City requires that storm water management easements be dedicated on county subdivision plats, and language is included in the legal papers setting forth certain conditions under which the City can require the construction of the storm water basins. However, given that this subdivision is creating only one additional building lot and no public streets are being constructed, Public Works is recommending that the requirement to provide stormwater management be waived. If Outlot A is ever resubdivided into additional building lots, this issue could be revisited. STAFF RECOMMENDATION: Staff recommends that SUB96-0008 be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends approval, subject to the approval of a Grading Plan prior to City Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: 1. Lot 3 should be an outlot instead of a lot. 2. Oak Crest Hill Road should be labelled on the plat. 3. Existing utilities along Oak Crest Hill Road should be shown. 4. The POB should be labelled on the plat. 5. A Grading Plan is required. ATTACHMENTS: 1. Location Map. 2. Preliminary and Final Plat. Approved by:(~(~~ K~n Franklin, Director Department of Planning and Community Development LOCATOON MAP REZg~)-0008 RIVER HIL. L ADDITION a $yc, i~ 0 0 FOLLOWING IS m~ BEST DOCUMENT AVAILABLE LOT 1 2.725 ACRES II II //..,.' Prepared by: Steven Nasby. Assoc. Planner, 410 E. Washington St., Iowa City ]A 52240 (319)356-5248 RESOLUTION NO. 96-108 RESOLUTION ADOPTING IOWA ClTY'S FY97 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan for FY97 as part of the City's Consolidated Plan {CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for fiscal year 1997; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY97 Annual Action Plan; and WHEREAS, the Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, the Annual Action Plan does not include the CDBG allocation for the Free Medical Clinic so as to avoid a council member's potential conflict of interest; and WHEREAS, adoption of the Annual Action Plan for FY97 will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Annual Action Plan for FY97 and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City Annual Action Plan for FY97, filed in the office of the City Clerk, be and the same is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Annual Action Plan for FY97 to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in Resolution No. 96-108 Page 2 connection with said Plan. 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Annual Action Plan for FY97. Passed and approved this 2~rd day of April ,1996. CITY CLERK . App,~d b/~~~ It was moved by Kubb¥ and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Lehman Baker --Kubby Lehman __NoVon __Novick __Thornberry __Vanderhoef the Resolution be Exhibit A PROJECTS RECOMMENDED FOR 1996 CDBG AND HOME FUNDING Economic Development Projects {Estimated Set-aside $137,754) Micro-enterprise Training: Institute for Social and Economic Development Business Expansion/Marketing: Heartland Candleworks Subtotal Public Facilities Projects (Estimated Set-aside 9119,148) Pheasant Ridge Facility: Neighborhood Centers of Johnson County Accessibility Improvements: Conner Center for independent Living Clinic Renovations: Free Medical Clinic Subtotal HCDC {4/16/98) Request Recommendation $28,000 928,000 ~50,000 950,00~ 978,000 978,000 9185,000 $165,324 91,848 91,848 $57,000 951,976 $263,848 9219,148 Public Service Projects (FY97 Statutory Cap 9157,890) Furniture Project: Domestic Violence Intervention Program $7,500 97,500 Job Training: East Central iowa Employment and Training Consortium $25.702 99,827 Youth Employment Training: Mayor's Youth Employment Program $22,396 98,463 Housing Support Program: LIFE Skills $17,100 $17,100 Support Services for Transitional Housing: Emergency Housing Project $10,000 $10,000 Aid to Agencies ~105,000 $105,000 Subtotal $210,698 $157.890 Housing Projects {Estimated Set-aside 9857,136) Small Repair Program: Elderly Services Agency Housing Rehabilitation: City of Iowa City Rental Housing-Accessibility Rehab: Conner Center for Independent Living Acquisition & Rehab: Greater Iowa City Housing Fellowship Homeownership-Land Acquisition: Greater Iowa City Housing Fellowship SR0 Housing: City of Iowa City Homeownership-Downpayment Assistance: City of Iowa City Tenant Based Rent Assistance: Iowa City Public Housing Authority Subtotal Subtotal Administration (Estimated Set-aside 9183.672) Program Administration and Planning Critical Issues Planning Contingency Unprogrammad Funds for CDBG and HOME TOTAL Sources of Funds 1996 CDUG Entitled (Estimated) $912,600 1996 HOME Entitlement {Estimated) 9360,000 Program Income 9140,000 Unprogrammed Funds 9218,000 TOTAL $1,630,600 Subtotal 928,000 9457 000 $18 000 $344 405 $107 400 $100 000 945 000 $150 000 $1.399.805 9161.000 0 9161,000 $75,000 $75,000 $2,188,351 928,000 $407,000 $8,000 $171,490 9107,400 975,000 ~45,000 75,000 $916,890 9161,000 922~672 9183,672 $75.000 $75.000 $1,630,600 Prepared by: Steve Nasby, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319} 356-5248 RESOLUTION NO. 96-109 RESOLUTION ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR THE FREE MEDICAL CLINIC WITHIN THE FY97 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS). WHEREAS, Resolution 96-108 adopts the FY97 Annual Action Plan with the exception of the Community Development Block Grant (CDBG) allocation for the Free Medical Clinic which is a part of the plan; and WHEREAS, the City Council finds that the adoption of said CDBG allocation to Free Medical Clinic is an essential part of the FY97 action plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The City of Iowa City hereby adopts the CDBG funding for Free Medical Clinic as part of the FY97 Annual Action Plan. Passed and approved this 23rd day of April ,1996. CITY'CLERK It was moved by Baker and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: ABSTAIN X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef X Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 {319) 356-5144 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT, ESTABLISHINGAMOUNT OFBID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVER- TISEMENT FOR BIDS, 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% 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 14th day of May, !996, Thereafter the bids will _he opened by the City Engineer or 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 7:30 p.m. on the 21st day of May, 1996, or at such later time and place as may then be fixed. Passed and approved this day of , 1996. ATTEST: CITY CLERK MAYOR Approved by ey s'Office Prepared by: Machele Wiebel, Personnel Generalist, 410 E. Washington St., Iowa City, IA 52240 (319)356-5025 RESOLUTION NO. 96-112 RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES.FOR FY97, FY98 AND FY99 WHEREAS, the City of Iowa City employs certain employees referred to as Confidential, Administrative and Executive personnel; and WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Confidential/Administrative and Executive employees shall receive compensation as established by the FY97, FY98 and FY99 Confidential/Administrative and Executive Classification Compensation Plans, as attached. Passed and approved this 23rd day of April ,1996. MAYOR ATTEST: /~~ ~. ~]~4~ CIT?~CLERK It was moved by Kubby and seconded by __ adopted, and upon roll call there were: Approved by itv; n~:;oe ~ theney/s uft'ce~R~e¢~lu~t~on AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef be ADb~INISTRATIVE/CONFIDENTIAL PAYPLAN - FY97 (JUNE 29, 1996) PAYGRADE: STEP 1 STEP 2 STEP 3 6 mo. 12 mo. 23 Admtn ClerkJTypist $10.99 $12.31 Document Specialist $879.20 $984,80 License Specialist $22.859.20 $25.604.80 24 Admin Secretary Code Enforcement Assist Deputy City Clerk Operations Specialist 25 Admin Sec/Records Supr Personnel Assistant Programmer/Analyst Office Manager - Library 26 Admin Assist to City Mngr Budget Mngmnt Analyst Emergency Comm. Supr Legal Assistant Occ. Safety & Tmg Spec Personnel Generalist Sr PmgrammerlAnafyst Transit Shop Supervisor $11.89 $13.31 $951.20 $1.064.80 $24.731.20 $27.684.80 $12.85 $14,40 $1,028.00 $1.152.00 $26.728.00 $29.952.00 $",3,92 $15,60 $1.113.60 $1.248.00 $28,953.60 $32,448.00 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 18 mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrso 7.5 yrs. 3. 50% 3. 50% 3,50% 3. 50% 3.50% 3. 50% 3. .50% $12.73 $13.17 $13.63 $1,018,40 $1.053.60 $1.090.40 $26,478.40 $27.393.60 $28.350.40 $14.12 $14.61 $15.13 $15,65 $15.75 $1,129.60 $1.168.80 $1,210.40 $1.252.00 $1,260.00 $29,369.60 $30.388.80 $31.470.40 $32,552.00 $32.760.00 $13.78 $14.26 $14.76 $1,102.40 $1.140.80 $1.180.80 $28,862.40 $29,660,80 $30.700.80 $15.28 $15.82 $16.38 $16.94 $17,22 $1,222.40 $1,265.60 $1,310.40 $1.355.20 $1.377.60 $31.782.40 $32.905.60 $34.070.40 $35,235.20 $35.817.60 $14.91 $15,44 $15.97 $16.53 $17,11 $17.72 $18.34 $18.84 $1.19280 $1.235.20 $1.277.60 $1.322.40 $1.368.80 $1.417.60 $1,467.20 $1,507.20 $31.012.80 $32,115,20 $33.217.60 $34.382.40 $35,588.80 $36.857.60 $38.147.20 $39.187.20 $18.15 $16.72 $17.29 $17.89 $1.292.00 $1,337.60 $1.383.20 $1.431.20 $33.592.00 $34,777.60 $35,983.20 $37,211.20 $18.52 $19.17 $19.83 $20.60 $1,481.60 $1,533.60 $1.586.40 $1.648.00 $38,521.60 $39.873.60 $41,246.40 $42,848.00 admin97.xls sheet 1 page 5 PAYGEADE: 27 Airport Manager Animal Control Supr Assist Supt - Wastewater Assist Supt - Streets Assist Supt - Water Document Serv Supr Human Rights Coord Information Serv Coord Library Coord-OeYelpmnt Parldng Operations Supr Transit Operations Supr 28 Assist City Attorney Customer Service Mngr Forester/Hor~icutturist Purchasin9 Agent Sr. information Serv Coord 29 Cable 'IV Admin City ArctJEnergy C0ord Controller Equipment Supr Housing Admin Parks Superintendent Police Sergeant Sr Bldng Inspector Sr Engineer Sr Housing Inspector Parking Manager Special Projects Administrator Transit Manager STEP 1 STEP 2 STEP 3 6 mo. 12 mo. 5. 50% 5. 50% $15.07 $15.91 $16.78 $1,205.60 $1.272.80 $1,342,40 $31,345.60 $33.092.80 $34.902.40 FY 97 - cont'd STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 18 mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 ~rs. 7.5 yrs. 5, 50% 3, 50% 3, 50% 3. 50% 3. 50% ,3. 50% 3. 50% $17.70 $18.33 $18.98 $1.416.00 $1,466.40 $1.5'i8.40 $36,816.00 $38,126.40 $39.478.40 $19.64 $20.33 $21.04 $21.78 $22.54 $1.571.20 $1.626.40 $1,683.20 $1,742,40 $1,803.20 $40.851.20 $42,286.40 $43.763.20 $45,302.40 $46,883.20 $16.31 $17.21 $18.15 $19,14 $1.304,80 $1.376,80 $1,452.00 $1.531.20 $33.924.80 $35.796.80 $37,752.00 $39.811.20 $19.81 $20.51 $21.23 $21.97 622.74 $23.53 $24.66 $1,584.80 $1.640.80 $1,698.40 $1.757.60 $1,819,20 $1.882.40 $1,972.80 $41.20'4.80 $42.660.80 $44.158.40 $45.697.80 $47,299,20 $48.942.40 $51,292.80 $17.87 $18.65 $19,68 $20,76 $1.413.60 $1.492.00 $1.574,40 $1,660.80 $36.753.60 $38.792,00 $40.934.40 $43.180.80 $21.49 $22.24 $23,01 $23.82 $1.719.20 $1.779.20 $1.840.80 $1,905,60 $44.699.29 $46.259,20 $47.860.80 $49.545,60 $24.67 $25.52 $26.95 $1,973.60 $2,041.60 $2.156.00 $51.313.60 $53.081.60 $56.056.00 admin97.xls sheet 1 page PAYGRADE: 3O Battalion Chief Community Dev Coerd Fi,'~t Assist City Aitomey Library Coordinator Police Lieutenant Wastewater Supfintndnt Senior Center Coord Senior Planner Solid Waste Suprintndnt Supt of StreetsJ1Nater Dist Traffic Engineer Water Suprintndnt 31 Assist Finance Director Assist Library Director Assist PCD DirlJCCOG Personnel Administrator Police Captain Recreation Suprintndnt City Engineer STEP1 STEP 2 STEP 3 STEP 4 6 mo. ~2 mo. 18 mo. 5. 50% 5. 50% 5. 5O% FY 97- cont'd STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 3. 50% 3. 50% 3. 50% 3. 50% 3. 50% 3. 50% $19.12 $20.18 $21.28 $22.46 $1,529.60 $1,614.40 $1,702.40 $1,796.80 $39,769.60 $41,974.40 $44,262.40 646,716.80 $23.25 $24.06 $24.89 $25.78 $26.67 $27.61 $29.45 $1,860.00 $1,924.80 $1,991.20 $2,062.40 $2.133.60 $2,208.80 $2,356.00 $48,360.00 $50,044.80 $51,771.20 $53,622.40 $55,473.60 $57,428.80 $61,256.00 $20.70 $21,85 S23.05 $1.656.00 $1,748.00 $1.844.00 $43.056.00 $45,448 00 $47.944.(]0 $24.33 $25.17 $26.06 $26.96 $1.946.40 $2,013.60 $2,084.80 $2.156.80 $50.606,40 $52,353.60 $54,204.80 $56,076,80 $27.90 $28.87 $29.88 $32,19 $2,232.00 $2.30960 $2.390.40 $2.575.20 $58,032.00 $60.049.60 $62,150.40 $66.955.20 $22.41 $23.65 $24.95 $1.792.80 $1,892.00 $1.996.00 $46,612.80 $49.192.00 $51.896.00 $26.32 $27.25 $28,20 $29.18 $2.10560 $2,180.00 $2,256.00 $2.334.40 $54,745.60 $56,680.00 $58,656.00 $60,694.40 $30.20 $31.25 $32.35 $35.16 $2,416.00 $2,500.00 $2,588.00 $2.814.40 $62,816.00 $65,000.00 $67,288.00 $73,174.40 admin97.xls sheet 1 page 7 ~ F'~ 97 - cont'd EXECUTIVE PAYPLAN - FY97 (JUNE 29, 1996) MINIMUM 33 Fire Chief $24.25 HIS Director $1,940.00 Ubrary Director $50,440.00 Parking & Transit Director Parks & Rec Dir6ctor PCO Director Assist City Manager . $26.27 Finance Direc~or $2,101.60 Police Chief $54,641.60 Public Works Director MAXI MUM :~38.44 $3,'375.20 $79.*~)55.20 $42.04 $3.363.20 $87.443.2O admin97.xls sheet I page 8 ADMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY98 (JUNE 28, 1997) PAYGRADE: STEP 1 STEP 2 STEP 3 6 mo. 12 mo. 12. 00% 23 Admin Clerk/Typts~ $11.32 $12.68 Document Specialist $905.60 $1,014.40 License Specialist $23,545.60 $26.374.40 24 Admin Secretary Code Enforcement Assist Deputy City Clerk Operations Spectalis~ 25 Admln Sac/Records Supr Personnel Assistant Programmer/Analyst Office Manager - Library 28 Admin Assist to City Mngr Budget Mngrnnt Analyst Emer9ency Comm. Supr Legal Assistant Occ. Safety & Trng Spec Personnel Generalist Sr Programmer/Analyst Transit Shop Supervisor $12.25 $13.71 $980.00 $1,096.80 $25.480.00 $28.516.80 $13,24 $14.83 $1,059.20 $1.186.40 $27.539.20 $30.846.40 $14.34 $16,07 $1.147,20 $1.28560 $29,827,20 $33,425.60 STEP 4 STEP 5 STEP 6 STEP 7 18 mo. 2.6 yrs. .3.5 yrs. 4.5 yrs. 3, 50% .3. 50~ 3. 50% 3, 50~ $13.11 $13.57 $14.04 $14.54 $1.048.80 $1,085.60 $1,123.20 $1.163,20 $27,268.80 $28,225.60 $29,203.20 $30.243.20 $14.19 $14.69 $I5.20 $15.74 $1,135 20 $1,175.20 $1.216.00 $1.259.20 $29.515.20 $30.555.20 $31.616,00 $32.739.20 $15.36 $15.90 $16.45 $17.03 $1.228.80 $1,272.00 $1.316,00 $1.362.40 $31,948.80 $33.072.00 $34,216.00 $35.422.40 $16.63 $17.22 $17,81 $18,43 $1.330.40 $1,377.60 $1.424.80 $1.474.40 $34,590.40 $35,817.60 $37.044.80 $38.334.40 STEP 8 STEP 9 STEP 10 5.5 yrs. 6.5 yrs. 7.5 yrs. 3.50% 3.50% 3.50% $15.05 $15.58 $16.12 $!6.22 $1,204.00 $1,246.40 $1.289.80 $1.297.60 $31.304.00 $32.406.40 $33.529.60 $33,737.60 $16.29 $16.87 $17,45 $17.74 $1,303.20 $1.349.60 $1,396.00 $1.419.20 $33.883.20 $35.089.60 $36,296.00 $36.899.20 $17.62 $18.28 $18.89 $19.41 $1.409.60 $1.460.00 $1,511,20 $1.552.80 $36.649.60 $37.960.00 $39.291,20 $40.372.80 $19.08 $19.75 $20.42 $21.22 $1.526.40 $1,580.00 $1,633.60 $1,697.60 $39.686.40 $41.080.00 $42.473.60 $44,137.60 admin97.xls sheet 1 page 9 PAYGRADE: 27 Airport Manager Animal Control Supr Assist Supt - Wastewater Assist Supt - Streets Assist Supt - Water Document Serv Supr Human Rights Coord Information Serv Coord Library Coord-Oevelpmnt Parldng Operations Supr Transit Operations Supr 28 Assist City Attorney Customer Ser,,/ce Mn9r Forester/Horticu ~t uris t Purchasin9 Agent St. Informatten Serv Coord 29 Cable TV Admin CAy Arc*JEnergy Coord Controller Equipment Supr Housing Admin Parres Superintendent Police Sergeant Sr Bldng Inspector Sr Engineer Sr Housing Inspector Parking Manager Special Projects Administrator Transit Manager STEP STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 6 mo. 12 mo. 18 mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5. 50% 5. 50% 5. 50% 3. ~ 3. 50% 3. 50% $15.52 $16.39 $17.28 $18.23 $18.88 $19.55 $20.23 $1,241.60 $1,311.20 $1,382.40 $1,458.40 $1,510.40 $1,564.00 $1,618.40 $32,281.60 $34,091.20 $35.942.40 $37,918.40 $39,270.40 $40,664.00 $42,078.40 $16.80 $17.73 $18.69 $19.71 $20.40 $21.13 $21.87 $1,344.00 $1,418.40 $1,495.20 $1,576.80 $1,632.00 $1,690.40 $1,749.60 $34,944.00 $36,878.40 $38,875.20 $40,996.80 $42,432.00 $43.950.40 $45.489.60 $18.20 $19.21 ,~;20.27 $21.38 $22.13 $22.91 $23.70 $1,456.00 $1,536.80 $1,621 60 $1,710.40 $1,770.40 $1,832.80 $1,896.00 $37,856.00 $39,956.80 $42.'161.60 $44,470.40 $46,030.40 $47,652.80 $49,296.00 FY 98 - cont'd STEP 8 STEP 9 STEP 10 MAX. 6.5 yrs. 6.5 yrs. 7.5 yrs. 3.50% 3.50% 3.50% $20.94 $21.67 $22.43 $23.22 $1,675.20 $1,733,60 ,$1,794,40 $1,857.60 $43,555.20 $45,073.60 $46,654.40 $48,297.60 $22.63 $23.42 $24.24 $25.40 $1,810.40 $1,873.60 $1,939.20 $2,032.00 $47,070.40 $48,713.60 $50,419.20 $52,832.00 $24.53 $25.41 $26.29 $27.76 $1,962.40 $2,032.80 $2,103.20 $2,220.80 $51,022.40 $52,852.80 $54,683.20 $57,740.80 admin97. xls sheet I page 10 PAYGRADE: Battalion Chief Community Dev Coord Firs~ Assist City Attorney Ubrary Coordinator Police Lieutenant Wastewater $uprintndnt Senior Center Coord Senier Planner Solid Waste Suprtntndnt Supt of Streets/VVater Oist Traffic Engineer Water Suprintndnt STEP I STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 6 mo. 'IA r~o. 18 mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5. 50% 5. 50~ 5. 50% 3. 50% 3. 50~ 3. 50?4 $19.69 $20.79 $21.92 $23.13 $23.95 $24.78 $25.64 $1,575.20 $1,663.20 $1,753.60 $1,850.40 $1,916.00 $1,982.40 $2,051.20 $40,955.20 $43,243.20 $45,593.60 $48,110.40 $49,816.00 $51,542.40 $53,331.20 FY 98 - cont'd STEP 8 STEP 9 STEP 10 5.5 yrs. 6.5 ~/rs. 7.5 yrs. 3. 50% .3. 50~ .3. $26.55 $27.47 $28.44 $30.33 $2,124.00 52,197.60 $2,275.20 $2,426.40 $55,224.00 $57,137.60 $59,155.20 $63.086.40 31 Assist Finance Director Assist Library Director Assist PCD Dir/JCCOG Personnel Administrator Police Captain Recreation SupHntndnt 32 City Engineer $21.32 $22.51 ~23.74 $25.06 $25.93 $26.84 $27.77 $1.705.60 $1,800.80 $1.899.20 $2,004.80 $2,074.40 $2,147.20 $2.221.60 $44,345.60 $46.820.80 $49,379.20 $52,124.80 $53,934.40 $55.827.20 $57,761.60 $23.08 $24.36 $25.70 $27.11 $1,846.40 $1.948.80 $2,{356.00 $2,168.80 $48.006.40 $50,668.80 $53.456.00 $56,388.80 $28.07 $29.05 $30.06 $2,245.60 $2.324.00 $2.404.80 $58.385.60 $60.424.00 $62,524.80 $28.74 $29.74 $30.78 $33.16 $2,299.20 $2.379.20 $2,462.40 $2.652.80 $59.779.20 $61.859.20 $64,022.40 $68,972.80 $31.11 $32.19 $33.32 $36.24 $2.488.80 $2.575.20 $2.665.60 $2.899.20 $64.708.80 $66,955.20 $69,305.60 $75.379.20 admtn97.xls sheet I page 11 FY 98 - coned F_X~CUTIVE PAYPLAN - FY98 (JUNE 28. 1997) MINIMUM Fire Chief $24.98 HIS Director $1.998.40 Library Director $51.958.40 Parking & Trans{t Director Padis & Rec Director PCD Dire~or 34 Assist City Manager $27.06 Finance Director $2.164.80 Police Chief $56.284.80 Pubitc Works Director M,a~XIMUM $39.59 $3.167.20 $82.347.20 $43.30 $3.464.00 $90.064.00 admin97.xls sheet 1 page 12 AD~INISTRATIVF. JCONFIDENTIAL PAYPLAN - FY99 (JUNI: 27. 1998) PAYGR.~DE: 23 Admtn Clerk/Typist Document Specialist License Specialist 24 Admin Secretary Code Enforcement Assist Deputy C~ty Clerk Operations Specialist 25 Admin Sec/Records Supr Personnel Assistant Prog~arnmerlAnalyst Office Manager - library 28 Admtn Assist to City Mngr Budget Mngmnt Analyst Emergency Comm. Supr Legal Assistant Occ, Safety & Ting Spec Personnel C-enemlist Sr Programmer/Analyst Transit Shop Supen~isor STEP 1 STEP 2 STEP 3 6 mo. '~2 too, 1'2.00% $11.55 $12.93 $924.00 $1,034.40 $24,024.00 $28,894.40 $12.50 $13.98 $1.000.00 $1.118,40 $26,000.00 $29.078,40 $13.50 $15.13 $1.080.00 $1.210.40 $28.o8o.00 $31,470,40 $14.63 $16.39 $1.17o.40 $1.311.20 $30,430.40 $34.091.20 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 18 mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 8,5 yrs. 6.5 yrs. 7.5 yrs. 3. 50~/~ 3. 50~/~ 3, 50~/~ 3. 50% 3. 50~/~ 3. 50~ 3. 50~ $13.37 $13.84 $1.069.60 $1.107.20 $27.809.60 $28.787.20 $14.32 $14.83 $15.35 $15.89 $18.44 $16.54 $1,145.60 $1.186.40 $1,228.00 $1.271.2o $1,315,20 $1,323.20 $29,785.60 $30.846.40 $31,928.~0 $33.051.20 $34,195.20 $34.403.20 $14.47 $14.98 $1.157.60 $1.198.40 $30.097.60 $31.158.40 $15.50 $16.05 $16.62 $17.21 $17.80 $18.09 $1.240.00 $1.284.00 $1.329.60 $1.376.80 $1,424.00 $1.447.20 $32,240.00 $33.384.00 $34.569.60 $35.796.80 $37,024.00 $37.627.20 $15.67 $16.22 $1,253,60 $1.297.60 $32,593,6o $33.737.60 $16.78 $17.37 $17.97 $18.62 $19,27 $19.80 $1.342.40 $1.389.60 $1.437.80 :$1.489.6o $1.541.60 $1.584.00 $34.902.40 $36.129.~o $37.377.60 $38,729.60 $4o.o81,60 $41,184.0o $16.96 $17.56 $18.17 $18.80 $19.46 $1.356.80 $1.404.80 $1.453.6o $1.504,o0 $1.556.8o $35.276.80 $36.524.80 $37.793.60 $39,104.00 $40,476,60 $20.15 $20.83 $21-54 $1,612,0o $1.666,40 $1.731.20 $41,912.00 $43,326.40 $45,011.20 admin97. xls sheet 1 page 13 PAYGRADE: 27 Airport Manager Animal Control Supr Assist Supt ~ Wastewater Assist Supt - Streets Assist Sup~ - Water Document Serv Supr Human Rights Coord Information Serv Coerd Library Coord-Develpmnt Parking Operations Supr Transit Operations Supr 28 Assist City Attorney Customer Service Mngr Fores'ter/Horticuiturist Purebasing Agent St. Information Serv Coord 29 Cable 'IV Admin City Arct/Energy Coord Controller Equipment Supr Housing Admin Parks Superintendent Police Sergeant Sr Biting Inspector St' Engineer Sr Housing Inspector Parking Manager Special Projects Administrator Transit Manager STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 6 mo. '~2 mo. 18 mo. 2.5 yrs. 5. 50% 5. 5~'~ 5. 50~ 3. 50% STEP 6 STEP 7 STEP 8 STEP 9 3.5 yr~. 4.5 yrs. 5.5 yrs. 6.5 yrs. 3. 50% 3. 50% 3. 50% 3. 50% FY99-cont~ STEP10 MAX. 7~yrs. ~50% $15.83 $16.72 $17.63 $18.59 $19.26 $1,266.40 $1,337.60 $1,410.40 $1.487.20 $1,540.80 $32,926.40 $34,777.60 $36,870.40 $38,667.20 $40,060.80 $19.94 $20.63 $21.36 $22.10 $1,595.20 $1,650.40 $1,708.80 $1.768.00 $41,475.20 $42.910.40 $44.428.80 $45.968.00 $22.88 $23.68 $1.830.40 $1,894.40 $47,590.40 $49.254.40 $17.14 $18.08 $1,371.20 $1,446.40 $35,651.20 $37,606.40 $19.06 $20.10 $20.81 $1,524.80 $1,608.00 $1,664.80 $39,644.80 $41,808.00 $43,284.80 $21.55 $22.31 $23.08 $1,724.00 $1,784.80 $1,846.40 $44,824.00 $46.404.80 $48,006.40 $23.89 $24.72 $25.91 $1,911.20 $1,977.60 $2,072.80 $49,691.20 $51,417.60 $53,892.80 $18.56 $19.59 $20.68 $21.81 $1,484.80 $1,567.20 $1.654.40 $1.744.80 $38,604.80 $40,747.20 $43,014.40 $45,364.80 $22.57 $23.37 $24,17 $25.02 $1.805.60 $1,869.60 $1,933.60 $2,001.60 $46,945.80 $48.609.60 $50,273.60 $52,041.60 $25.92 $26.82 $28.32 $2,073.60 $2,145.60 $2,265.60 $53,913.60 $55,785.60 $58,905.60 admin97.xls sheet 1 page 14 PAYGRADE: 30 Battalion Chief Community Der Coord First Assist Ck'y Attorney Ubmry Coordinator Pelice Lieutenant Wastewater Suprlntndnt Senior Center Coord Senior Planner Solid Waste Suprintndnt Supt of ~ater Dist Traffic Engineer Wa~er Suprintndnt 31 Assist Finance Director Assist Library Director Assist PCD Dir/JCCOG Personnel Administrator Police Capfain Recreation Suprfntndnt 32 City Engineer FY 99 - cont~d STEP 2 STEP 3 STEP 4 6 mo. 12 mo. 18 mo. 5.50% 5.50% 5.50% $20.08 $21.21 $22.36 $23.59 $1,606.40 $1,696.80 $t,788.80 $1,887.20 $41,766.40 $44.116.80 $46,508.80 $49,067.20 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 2.5 yTs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs. 3. 50°/, 3. 50% 3. 50% 3. 50% 3. 50% 3. 50% $24.43 $25.28 $26.15 $1,954.40 $2,022.40 $2,092.00 $50,814.40 $52,582.40 $54,392.00 $27.08 $28.02 $29.01 $30.94 $2,166.40 $2,241.60 $2,320.80 $2,475.20 $56,326.40 $58,281.60 $60,340.80 $64,355.20 $21.75 $22.96 $24.21 $25.56 $1,740.00 $1,836.80 $1,936.80 $2,044.80 $45,240.00 $47.756.80 $50,356.80 $53.164.80 $26.45 $27.38 $28.33 $29.31 $30.33 $31.40 $33.82 $2,116.00 $2,190.40 $2,266.40 $2,344.80 $2,426.40 $2,512.00 $2,705.60 $55,016.00 $56,850.40 $58,926.40 $60,964.80 $63,086.40 $65,312.00 $70,345.60 $23.54 $24.85 $1,883.20 $1,988.00 $48,963,20 $51,688.00 $28.21 $27.65 $28.63 $29.63 $30.66 $31.73 $2.098.80 $2,212.00 $2,290.40 $2,370.40 $2,452.80 $2,538.40 $54,516.80 $57,512.00 $59,550.40 $61.630.40 $63.772.80 $65,998.40 $32.83 $33.99 $36.96 $2,626.40 $2,719.20 :$2,956.80 $68,286.40 $70,699.20 $76,876.80 admin97.xls sheet .1 page 15 FY99. cont'd EXECUTIVE PAYPLAN - FY99 (JUNE 27, 1998) MINIMUM 33 Fire Chief $25.48 HIS Director $2,038.40 Libra~ Director $52,998.40 Parldn9 & Transit Director Parks & Rec Director PCD Director 34 Assist City Manager $27.50 Finance Director $2,2C,8.00 Police Chief $57,408.00 Public Works Director MAXIMUM $40.38 $3,230.40 $83,990.40 $44.17 $3,533.60 $91,873.60 ADMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY99 (DECEMBER 26, 1998) PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 6 mo. 12 mo. 18 mo. 12.00% 3.5O% 23 Admin CleddTypist $11.78 $13.19 Document Specialist $942,40 $1.055.20 License Specialist $24.502.40 $27.435.20 24 Admin Secretary Code Enforcement Assist Deputy City Clerk Operations Specialist Admin SecJ~ecords $t~pr Personne~ Assistant Programmer/Analyst Office Manager - Library 28 Admin Assist to City Mngr Budget Mngmnt Analyst Emergency Comm. Supr Legal Assistant Occ. Safety & Tmg Spec Personnel C-eneralist Sr Programmer/Analyst Trar~sit Shop Supe~Hsor $12.75 $14.26 $1.020.00 $1.140,80 $26,520,00 $29.660.80 $13.77 $15,43 $1,101,60 $1,234,40 $28.641,60 $32,094.40 $14.92 $16.72 $1.193.60 $1.337,60 $31.033.60 $34.777.60 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 2.~; yrs. 3.5 yrs. 4.5[ yrs. 5.5 ~'~. 6.5 yrs. 7,5 yrs. 3. 50% 3. 50% 3. 50~ 3, 50% 3. 50% 3. 50~ $13.64 $14,12 $14.61 $15.13 $15.66 $16.21 $16.77 $16.87 $1,091.20 $1,129.60 $1,168.80 $1.210,40 $1,252.80 $1.296,80 $1,341.60 $1,349.60 $28.371.20 $29,369.80 $30.388.80 $31.470,40 $32.572.80 $33.716.80 $34.881,60 $35.089.60 $14.76 $15.28 $15.81 $16.37 $16.95 $17.55 $18.16 $18.45 $1.180.80 $1.222,40 $1.264.80 $1.309.60 $1.356.00 $1,404.00 $1.452.80 $1.476.00 $30.700.80 $31.782.40 $32.884.80 $34.049.60 $35.256.00 $36.504.00 $37,772.80 $38.376.00 $17,72 $18.33 $18.99 $19.66 $20.20 $1,417.60 $1.466.40 $1.519.20 $1,572.80 $1,616.00 $36.857.60 $38.126.40 $39.499.20 $40.892.80 $42.016.00 $15.98 $16.54 $17.12 $1.278,40 $1.323,20 $1.369.60 $33.238.40 $34,403,20 $35.609.60 $19.48 $19.85 $20.55 $21.25 $22.07 $1,534.40 $1,588.00 $1,644.00 $1,700.00 $1,765.60 $39.894.40 $41.288,00 $42,744.00 $44.200.00 $45.905.60 $17,30 $17.91 $18,53 $1,384.00 $1,432.80 $1.482.40 $35,984.00 $37,252.80 $38.542.40 admin97.xls sheet I page 17 PAYGRADE: 27 Airport Manager Animal Control Supr Assist Supt - Wastewater Assist Sup~ - Streets Assist Supt ~ Water Document Se~ Supr Human Rights Coord Information Sen/Coord Library Coord-Develpmnt Parldng OperaSohs Supr Transit Operations Supr 28 Assist City Attorney Customer Service Mngr Forester/Horticulturist Purchasing Agent St. Infon'~ation Serv Coord STEP 1 STEP 2 5.50% $16.15 $17.05 $1,292.00 $1,364.00 $33,592.00 $35,464.00 $17.48 $18.44 $1,398.40 $1,475.20 $36,358.40 $38,355.20 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 12 mo. 18 mo. 2.5 y~s. 3.5 yrs. 4.5 yrs. 5.6 yra. 6.5 yrs. 5.50% 5.50% 3. 50% 3.50% 3.50% 3.50% 3.50% F'Y 99 - coned STEP 10 MAX. 7.5 3.50% S17.98 $18.96 $19.65 $1,438.40 $1,516.80 $1,572.00 $37,398.40 $39,436.80 $40,872.00 $20.34 $21.04 $21.79 $22.54 $1,627.20 $1,683.20 $1,743.20 $1.803.20 $42,307.20 $43,763.20 $45,323.20 $46,883.20 $23.34 $24.15 $1,867.20 $1,932.00 $48,547.20 $50,232.00 $19.44 $20.50 $21.23 $21.98 $22.76 $23.54 $1,555.20 $1,640.00 $1,698.40 $1,758.40 $1,820.80 $1,883.20 $40,435.20 $42,640.00 $44.158.40 $45.718.40 $47.340.80 $48,963.20 $24.37 $25.21 $26.43 $1,949.60 $2.016.80 $2,114.40 $50,689.60 $52,436.80 $54.974.40 29 Cable TV Admin city Arct/Energy Coord Controller Equipment Supr Housing Admin Parks Supedntendent Police Se~Jeant Sr Bldng Inspector Sr Engineer Sr Housing Inspector Parking Mana~jer Special Projects Administrator TmnsE Manager $18.93 $1,51440 $39,374.40 $19.98 $21.09 $22.25 $1,598,40 $1.687,20 $1,780.00 $41,558,40 $43.867.20 $46,280.00 $23.02 $23.84 $24.65 $25.52 $1,841.80 $1.907.20 $1,972.00 62,041.60 $47,881.60 $49,587.20 $51,272.00 $53,081.60 $26.44 $27.36 $28.89 $2.115.20 $2,188.80 $2,311.20 $54,995.20 $56,908.80 $60,091.20 admin97.xls sheet 1 page 18 FY 99 - con PAYG ~.~]F~ 30 Battalion Chief Community Dev Coord First Assist Ck'y Attorney Library Coordinator Police Ueatenant Wastewater Supdntndnt Senior Center Coord Senior Planner Solid Waste Supfintndnt Supt of Streets/Water Dist Traffic Engineer Water Suprintadnt 31 Assist Finance Direcior Assist Library Director Assist PCD E)ir/JCCO(~ Personnel Administrator Police Captain Recreation Suprintndnt 32 City Engineer STEP 1 STEP 2 :STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 6 mo. 12 mo. 18 mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 5. 50% 5. 50% 5.50% 3.50% 3.50°/0 3. 50% 3. 5~/0 3.50% 3.50'/0 $20.48 $21.63 $22.81 $24.06 $24.92 $25.79 $26.67 $27.62 $28.58 $29.59 $31.56 $1,638.40 $1,730.40 $1,r~24.80 $1,924.80 $1,993.60 $2,063.20 $2,133.60 $2,209.60 $2,286.40 $2,367.20 $2,524.80 $42,598.40 $44,990.40 $47,444.80 $50,044.80 $51,833.60 $53.643.20 $55,473.60 $57,449.60 $59,448.40 $61,547.20 $65,644.80 $22.19 $23.42 '.~24.69 $1,775.20 $1,873.60 $1,97520 $46,155.20 $48,713.60 $51,355.20 :$26.07 $26.98 $27.93 $28.90 $29.90 $30.94 $32.03 $34.50 $2,085.60 $2,158.40 $2,234.40 $2,312.00 $2,392.00 $2,475.20 $2,562.40 $2.760.00 $54.225.60 $58,118.40 $58,094.40 $60,112.00 $62,192.00 $64.355.20 $66,622.40 $71,760.00 $24.01 $25.35 ,$26.73 $1,920.80 $2.028.00 $2,'138.40 $49,940.80 $52,728.00 $55,598.40 $28.20 $29.20 $30.22 $31.27 $32.36 $33.49 $34.67 $37.70 $2,256.00 $2,336.00 $2,417.60 s2,501.60 $2,588.80 $2,679.20 $2,773.60 $3.016.00 $58,656.00 $60,736.00 $62,857.60 $65,041.60 $67,308.80 $69,659.20 $72,113.60 $78,416.00 admin97.xls sheet I page 19 FY99. coned EXECUTIVE PAYPLAN - FY99 (DECEMBER 26, 1998) 33 Fire Chief HIS Director Iibmry Director Parking & Transit Director Parks & Rec Director PCD Director MINIMUM $25.99 $2,079.20 $54,059.20 Assist City Manager Finance Director Police Chiel Public Works Director $28,15 $2,252,00 $58,552.00 MAXIMUM $41.19 $3,295.20 $85,1575.20 :~5.05 $3,~04.00 $93,704.00 RESOLUTION NO. 96-113 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY COFFEE COMPANY D/B/A JAVA HOUSE FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, iowa City Coffee Company d/b/a Java House applied for temporary use of the public right-of-way described above for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Ordinance 95-3676; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the license agreement attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application to the applicant. The City Clerk is hereby directed to record this Resolution with the Johnson County Recorder at City expense. Passed and approved this 23rd day of April , 1996. CITY--GLERK Approved by City Attorney's Office Resolution No. 96-113 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X the Resolution be Baker Kubby Lehman 'Norton Novick Thornberry Vanderhoef EASEMENT AGREEMENT FOil TEMPORAllY USE OF PUBLIC RIGHT.OF-WAY BETWEEN THE CITY OF IOWA CITY AND -'~ 0__;.~ FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY ~ IOWA CITY, IOWA This Agreement is made between Hawkeye Bay States Limited Partnership {landowner), and [tenant), (collectively referred to as "Applicant") and the City of Iowa City, Iowa, a municipal corporation ["City"). WHEREAS, the City of iowa City is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the Design Review Committee, which recommended approval of the proposed sidewalk cafe, as submitted and/or as amended; and WHEREAS, such temporary use of the public right-of-way is not adverse to the public use thereof; and WHEREAS, so long as said proposed use is consistent with the conditions(~et for~ in this Agreement, said use is in the public interest. 3-: 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: Applicant/Landowner Hawkeye Bay States Limited Partnership owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: Applicant/tenant ~'~,~. C~ ,L.~ C~.~,., ~,.~ occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. City staff and the Design Review Committee have reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests, Based on this review, the City now finds Applicant's proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's 3 temporary use of the public right-of-way as a sidewalk cafe in accordance with this Agreement, including ~hibit A, and also in conformance with' all applicable local regulations concerning sidewalk cafes. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendum. .7. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk care, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or Iocaticns must be specifically agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that ~he City is not empowered to grant permanent or perpetual use of its right-of-way for private purposes, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by § 364.12, Code of Iowa [1993), and that the Applicant shall not be entitled to any compensation should the City elect to do so. ---~ =-~.'.t ~cnsisus of both a In the even= =ha= ~'"~ ~--- -=r.---c-~_, ~kis pareqraph applies only to tenan~ and a i- - -' =~e=s to inde~ifY, defend and hold hapless ~he C~y, ' - offlears, a~n=s an~ , ~Lcvees .... =-~ =~ k~=' ~z'; ~d =~ c!a~s, losses % ~ =L: ~ :~ os or d~aaes, cf whatever na~'~e, .includiz~ =a~ent c= reason~ie at=crney fees, ~r~= '~ n~z='s use ~ -Lue =ublic riqh=-of-way arlm- .... =a. . -- --Li-'- may ~e caused in :- -.--- '.L- - =~ -- '- whole or in part by any act or omission of the tenant including its agents or employees. The tenant further agrees to provide the City with a certificate of insur- ance coverage of the sidewalk cafa required by the Ci~y's .schedule of Class II insurance coverage. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk care in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishings and equipment when the sidewalk care is not operating. 10. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's r~ght-of-way, as provided in §364.12, Code of Iowa (1993). In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal to Applicant for collection in the manner of a property tax, as permitted by state and local law. 11, In consideration for the City's concerns for public safety on the public right-of- way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (~.~.no "2 fcr ~" cr "ha.",py hour" specials). Applicant also agrees to 5 be responsible for proper education of Applicant's employees to comply with this provision. App icant further agrees that there wdl be no increase in vehicular traffic on the City Plaza of abutting right-of-way as a result of set-up or removal of the sidewalk cafe furnishings or equipment and as noted in Exhibit A. Dated this Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. 23rd day of April, 1996 ~ CITY OF IOWA CITY, IOWA Naomi ~. Noway<, Marian K. Karr, City Clerk Applican~\]~enant ~ Ha~ke. ye~B~y ~te~.Li~ted Partnership ~5]icaht/Landowner John Soloski Applicant/Landowner Applicant o. ce Applicant 6 APPLICANT/OWNER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ./0 day of A~ril, 1996 ,~X, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John Soloski , to me personally known, and acknowledged the execution of the foregoing instrument to be his/J~.X voluntary act and deed and by himlj~.X voluntarily executed. 0'for t~ l° ~""~'J ~t~EXgmE Notary Public in and Iowa APPLICANT/TENANT'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /0~ day of h~eA~t~e, , A.D. 19 ?~, , before me, the undersigned, a Notary Public in and for t of Iowa, personally appeared -- n and to me personally known, who, being by me duly swor , did say that they are the ~e~,' ~ and ~ , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said .'~,~ C,x~,,~._._,.,)Z- and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z3 ~' day of ~¢;/ , 1996. before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ?(o-//$ passed by the 7 City Council on the 25 ~ day of ~c;I , 199~) and thatNaor~ ~. "~lov.~ck=.,and Marlar~'K. Kerr acknowle~lgad 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 APPLICATION FOR SIDEWALK CAFE (Title 10. Chapter 3) The und~c~ ~e~j.l~Y3a,, I~ies for a Sidewalk Cafe: 1. Name.,p~ .Appl_l~'{~. 10WA Cl i'Y, 10WA 2. Doing Business As: 3. Street Address: 4. Size of Sidewalk Care: Fee: REQUIREMENTS FOR SIDEWALK CAFE: B. To Be Completed Bv AoDlicant: (1) Attach a diagram (no larger than 8½ x 14) clearly showing sidewalk care area; seating; and a picture or illustration of amenities and method of delineation. (2) Attach Certificate of Insurance acknowledging insurance coverage specifically including an endorsement for use of public right-of-way as a sidewalk care in the amounts shown below. Per Person Per Accident a. Comprehensive General Liability (1) Bodily Injury $500,000 $100,000 (2) Property Damage $250,000 b. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. (3) Attach a list stating the names and addresses of owners and tenants of three properties on each side of the establishment. Each application must be reviewed by the Design Review CommiEee. Regular Design Review meetings are scheduled for the third Monday of each month. Applicant Signature A minimum of ten (t0) working days Is required for notification to property owners and tenants, and staff review (excluding Design Review schedule). Over II FEB-£6-1996 ~$=28 FPON A.Ld, IHSL,i:~N(.E,GI~P TO S~473t4 ONLY AND CONF~ N0 R~H~ UPON THE C~TIF~A~_J ' zneu~ce u~oup, . .. ~ I I ~ ~ AL~ ~E C0V~OB A~RD~ BY TH~ ~L~ u~u~ . ~ I ~ ~ L:~ COMPANI~ A~ROING covE~ea 52244 ~:~ c~.-,~, czc 96 ~PR I 0 P~ 3:37 _ ION'~A CITY, IOWA ~owa C~y Co~ee C~y C T~ra C~o~augh DB~ ~.0. Box 3~33 co~ ~PA~Y ?HIS IS 10 CGRTIFY THAT THE POLICIES OF IN~URANCE LIST~O {~LOW ~VE EEN ISSUED TO ~E INSUREO ~O A~ NDICA~D. NOrTHSTANDING ANY REQUIREMENT, TERM OR ~DITION OF A~ ~N~ OR OTHER ~UM~NT ~TH RESP~ TO ~ THIS ~ERTI~CATE ~Y BE ISSUE0 OR ~Y PERTAIN, THE INSU~N~ A~FORD~D BY ~ ~LICIES D~CR[~0 HEREIN IS $u~ECT ~ ALL ~E TER~S, ~XCLUSIONS ANO COND~NS OF SUCH ~LICIES. LIMITS $~ MAY HA~ os/12/~5 os/12/s$ U~$ P.0[ I 1,000,00~ 1,000,000. 500,000. 500,000 50,000 5,000 :er~i£icste =equost.ed .to.b.e_~o~ £ le. Policy limi~ at inception, the I~oured agroes.~p_no~9 Y9~ ~" ~ ~nwa City. ~o O~iice!s o! ~ployees, City Clerk 4,0 E.,~ Wa,h,ng,on Iowa city ~ 52240 TOTAL P.~L Prepared by: Charles Schmadake, Public Works Director. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 96-114 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 BEAR CREEK ARCHEOLOGY, INC. OF CRESCO, IOWA TO PROVIDE CONSULTANT SERVICES FOR AN ARCHEO- LOGICAL SURVEY AND CULTURAL RESOURCES INVESTIGATION OF THE WATER FACILITIES SITES. WHEREAS, the City of Iowa City desires to conduct an a'rcheological survey and cultural resources investigation of lands impacted by the water supply and treatment facilities project; and WHEREAS, the City desires to contract for the archeological s"rvc'/and cultural resources investigation of the lands impacted, which are the ± 200 acre peninsula site and the ± 230 acre water treatment facility (Butler Farm) site; and WHEREAS, the City has sought a request for proposal from qualified archeological contractors to serve as the City's consultant in the execution of the archeological and cultural resources work; and WHEREAS, an agreement for professional archeological and cultural resources services has been hegotiated with Bear Creek Archeology, Inc. of Cresco, Iowa; and WHEREAS, it is in the public interest to enter into said consultant agreement with Bear Creek Archeology, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF iOWA CITY, IOWA, THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement, in duplicate. 23rd day of April ,1996. Passed and approved this AT T E S T: _.~.~,...> CITY'CLERK Approved by Attorney's Office zJ~/.?, ~ ~ Resolution No, 96-114 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there ware: Lehman AYES: NAYS: ABSENT: X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Linda Woito, City Attorney, 410 E. Washington St., iowa City, IA 52240 (319)356-5030 SERVICES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND BEAR CREEK ARCHEOLOGY, INC. THIS AGREEMENT, made and entered into this ~.~o .dayof ~p,,~';[ , 1996, by and between THE CITY OF IOWA CITY, IOWA, hereinafter referred to as "City", and BEAR CREEK ARCHEOLOGY, INC., hereinafter referred to as, "Consultant", or "BCA". WHEREAS, the City has sought a request for proposals seeking a qualified archeo!ogical contractor to serve as the City's consultant in the execution of an Archeological and Cultural Resources Survey for the Iowa City Water Supply and Treatment Facilities Project; and WHEREAS Consultant proposes to perform the requested services and prepare the requested products as specified in the request for proposals; and WHEREAS, the parties wish to commit their agreement to wdting. NOW, THEREFORE, it is hereby agreed as follows: Scope of A(~reement: Consultant will serve as City's consultant in the execution of an Amheological Survey and Cultural Resources Investigation for the Iowa City Water Supply and Treatment Facilities Project (hereafter "project" or "project area"). Consultant proposes to perform the requested services and prepare the requested products as specified in this agreement. II. Scope of Services: All items contained in the Scope of Work for Phase I Archeological Survey, (ATTACHMENT A), and Proposal for a Phase 1 Cultural Resources Investiga- tion, City of Iowa City, (A'i-]'ACHMENT B), except as otherwise vaded herein, shall form a part of this agreement. Ill. Compensation: City will pay to Consultant a lump sum of $42,336.23 to complete the combined services of a Phase 1 Archeological Survey and Cultural Resources Investigation. A cost breakdown of said total cost proposal is found in APPENDIX B of the attached contract proposal marked as ATTACHMENT B, which is attached hereto and incorporated by reference. A lump sum fee for Phase II Archeological Testing shall first be negotiated in writing prior to any work being commenced by Consultant for any and all Phase II work. Parties agree that time spent by Consultant in negotiating a Phase II scope of work and/or lump sum fee shall not be a cost to the City. 2 IV. Method of payment of Compensation: Consultant will receive 50% of the total lump sum fee upon completion of the fieldwork portion of the archeological and cultural resources investigation, and submittal of a preliminary letter report. Consultant will receive 50% of the total lump sum fee upon submission and approval by the City of the completed report. Any revisions required by SHPO and the Corps of Engineers shall be provided without additional cost to the City. Commencement of Work: The work will be commenced immediately upon receipt of the signed agreement. If after commencement of services the work herein is delayed for any reason beyond the control of the Consultant for more than sixty (60) days, the terms and conditions contained herein are subject to revision. Subsequent modifications shall be in wdting and signed by both parties. Vl. Insurance Indemnification: Consultant will maintain insurance for claims under the Worker's Compensation laws and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by Consultant's employees, officials, agents or representatives, of any functions and services required under this agreement. Consultant is skilled in the professional calling necessary to the services and duties proposed to be performed, and agrees to perform such services and duties in conformance to or consistent with the standards generally recognized as being employed by professionals of Consultant's same locality, and to that end has secured Professional Liability Coverage with United National Insurance Group, through Boatmen's Insurance Services of Iowa, Inc. for its officers, and employees from and against any and all liability, claims, suits, loss, damages, costs, and expenses adsing out of or resulting from any negligent actions, errors or omissions of its officers and employees in the performance of their services and duties hereunder, but not from the negligence or willful misconduct of City, its officers, and employees. VII. Independent Contractor: It is understood and agreed that this agreement is for consulting services only and shall not be construed to create a partnership, joint venture, or employedemployee relationship between the parties. VIII.General Terms: Consultant shall not commit ar.y of the following ernployment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religi- on, sex, national odgin, disability, age, martial 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, madtal status, sexual orientation or gender identity. Should the City terminate this Agreement, 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' wdtten notice to Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but 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 Consultant for the project shall be available by said City upon reasonable request to Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, 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 Consultant to assure attendance. 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 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, Consultant shall not be liable for the City's use of such documents on other projects. 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 Consultant all fees in a timely manner, excepting, however, that failure of 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. 4 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. Lo Odginal contract drawings shall become the property of the City. 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. IX. Miscellaneous: All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. In Witness Whereof, the parties have executed this agreement this /~,-.; ~ , 1996. day of By: BEAE CREEK ARCHEOLOGY, INC. Da~vid G.'~SSt~nley' y~, ~re!.~ee nt/~:~'q'~ ~'~ ~ [ CITY OF IOWA CITY By: Mayor Title Attest: City 'Clerk ATTACHMENT A SCOPE OF WORK FOR PHASE I ARCHEOLOGICAL SURVEY OBJECTIVE The object of this project is to complete an "extended" Phase I Amheological Survey for the subject property. This Phase I Survey shall provide an assessment of the complete project area, and identify both previously unrecorded sites and locate site(s) previously recorded. The Survey shall attempt to document each site's boundaries, age, condition, and significance. The Phase I Survey will provide a high quality technical report suitable for the review and acceptance by the State Historic Preservation Officer (SHPO) and Corps of Engineers. It is also the object of this work to recommend Phase II Testing to evaluate the eligibility of potentially significant sites at the project area which are identified in the Phase I Survey for the National Register of Histodc Places (NRHP). BACKGROUND The project area has been selected by City of Iowa City to become the location of a new water supply and treatment facilities. The new water supply and treatment facilities are currently in the design phase, and the locations of the various faci!ities have been determined. Several of the water supply wells are currently being ddlled. Prior to finalizing the treatment facility locations and the access routes to the water supply facilities, it is necessary to complete an archeological survey of the project area to determine if historically significant areas are being impacted. BOUNDARY The entire project area is located on tne northwest edge of iowa City, along the east bank of the Iowa River. The entire project area encompasses a north project area, of approximately 230 acres and north of Interstate 80, and a south project area of approximately 200 acres and south of Interstate 80. The north project area is the planned location of the new water treatment plant, sludge lagoons, wells and vadous improvements, and also the location of the odginal Butler House. The south project area is the planned location of four new water supply wells and water mains, a dyer crossing, and the Iowa River Power Dam renovation and access road. These two project areas are outlined on the enclosed copy of the USGS quadrangle map, Exhibit A. Phase I work will be over the entire project area, not limited to the areas to be disturbed by development and construction activities. Phase 11 activities will be limited to the project area that will be disturbed by development and construction activities. SERVICES TO BE PROVIDED Phase I: Survey A Phase I Archeological Survey as described in the Guidelines for Amheological Investigation in Iowa, jointly prepared by the Association of Iowa Archeologists (AIA), the Office of the State Archeologist (OSA) and the State Historical Society of Iowa, of which the Preliminary Discussion Drafl was dated June 2, 1995, will be completed. Where this document is not complete the AIA Guidelines for Phase I Amheological Surveys and AIA Guidelines for Geomorphological Investigations in Support of Archeological Investigations in Iowa will be followed. It is assumed that a geomorphological investigation of the project area will be necessary. Pre-Field Stage: The Phase I Survey shall include a Pre-Field Stage where project information is obtained from the City of Iowa City, Howard R Green Company, and other involved parties. This Stage should also include utility locales, preliminary research, and preliminary assessment of the project area site. The Archeological survey will re-establish map locations of all previously recorded sites. If the recorded sites are within the construction boundaries as shown on Exhibit B, a Phase II investigation shall be conducted on the those site(s) within the project area. It is the responsibility of the Archeologist to identify the sites prior to commencement of field work. Field Stage: All field activity necessary to the development of a geomorphological assessment, to locate and determine the horizontal and vertical site boundaries of new and previously identified sites shall be completed in this stage. This work shall include all intrusive and non-intrusive investigation activity related to the Phase I Survey. The City of Iowa City and Howard R. Green Company shall be alerted to commencement of this Stage. This notification shall be given as far in advance as possible, and a reminder provided the day before start of this stage. Upon completion of intrusive investigation work, the general land surface contours shall be restored. The City of Iowa City and Howard R. Green Company shall be notified when this Stage is concluded. Report Stage: A high quality technical report shall be completed for the site located within the project area that is suitable for the review and acceptance by the State Histodc Preservation Officer (SHPO) and Corps of Engineers. This report will follow the outline provided in the AIA Guidelines for Phase I Reporting of Archeological Survey, dated June 27, 1987. The report will include the report on the geomorphological investigation. The geomorphological investigation report will follow the outline provided in the Guidelines for Archeological Investigation in Iowa, jointly prepared by the Association of Iowa Archeologists (AIA), the Office of the State Archeologist (OSA), and the State Historical Society of Iowa. The report should include recommendations of no further action or completion of Phase II Testing for each site recorded within the project area. The report will also include the results of the Phase II Investigation of the already-known sites. Copies of the draft report will be submitted to the City of Iowa City for review and comment. Comments and changes from the City of Iowa City will be considered and acted upon by Consultant. Copies of the revised draft report will be re- submitted to the City of Iowa City for review and comment. Upon acceptance of the revised draft report by the City of Iowa City, copies of the final report will be submitted to the City, which will for, yard the report to the State Historical Preservation Officer (SHPO) and the Corps of Engineers for review and acceptance. Phase I1: Testing This project shall include an option for execution of Phase II Archeological Testing on sites determined in the Phase I Archeological Survey as needing a Phase II testing. The services to be provided in Phase II Archeological Testing will be negotiated upon completion of the Phase I work, and be memoriaiBed in wdting and signed by both parties. GENERALISSUES All work completed under this contract shall be completed in compliance with all applicable federal, state, and local laws, regulations and ordinances. This includes but is not limited to the National Histodc Preservation ACt and its amendments, Secretary of the Intedor's Standards and Guidelines for Archaeology and Histodc Preservation, Occupational Health and Safety Administration (OSHA) regulations, state laws on budal sites and discovery of human remains, curation, etc. Prior to acceptance of the final report by the City of Iowa City, no information obtained or prepared under this contract shall be released without prior wdtten approval of the City of Iowa City. Coordination The Phase I Survey (and the Phase II Testing if applicable) shall be coordinated with Howard R. Green Company. Contact persons for the City of Iowa City shall be Charles Schmadeke and for Howard R. Green Company shall be Daniel Lovett. These contact persons shall be kept informed on the status of the work herein. This coordination will be completed by providing a twice- monthly short letter indicating significant developments, estimated time of completion, projected costs, etc. Curation It shall be the responsibility of the Consultant that all artifacts, all cultural materials, all analytical samples (analyzed or unanalyzed), all field and laboratory documents (maps, notes, etc.), all results of analyses, all original photographs, one final report, and all other data generated during the performance of this contract shall be curated (catalogued and stored) at The Office of the State Amheologist, Iowa City, Iowa if acceptable to SHPO. Otherwise, all these materials shall remain the property of the City of Iowa City, and can be made available for interpretive programs, additional reseamh, or any other purpose upon written request and approval from the City of Iowa City. It shall be the Consultanrs responsibility to provide an archival catalogue system and/or documents and artifact accession inventory to facilitate access and to confirm that all storage units are marked "Property of the City of Iowa City." The Consultant's cost estimate shall refiect artifact and material permanent storage and curation. Storage and curation must be within the State of Iowa. Confirmation of the curation requirements must be submitted to the City of Iowa City in writing. The location (address and telephone) and cata!ogue of curated materials must be ~ncluded in the final report as specified above. ATTACHMENT B A PROPOSAL FOR A PHASE I CULTURAL RESOURCES INVESTIGATION, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA Prepared for City of Iowa City Iowa City, Iowa Prepared By Bear Creek Archeology, Inc. Cresco, Iowa INTRODUCTION This proposal has been prepared in response to a request for proposals by Howard R. Green Company, Consulting Engineers, Iowa City, Iowa. Bear Creek Archeology, Inc. (BCA) is pleased to submit the following proposal for an intensive Phase I cultural resources investi- gation of lands to be impacted by proposed water supply and treatment facilities construction in Iowa City, Iowa. The BCA proposal is based on project specific maps and information furnished by Howard R. Green Company, and specifies the consultant = s understanding of the level of work required to complete the investigations within the survey areas and satisfy conditions outlined in the Scope of Work. PROJECT SPECIFICS As described in the Scope of Work, the project area is comprised of two land tracts positioned along the Iowa River north and south of Interstate 80, respectively (see Figure I ). The northern tract is the proposed locus o'; a water treatment plant, sludge lagoons, wells, and various unspecified improvements and the location of the original Butler House. The southern tract is the planned location of four water supply wells and water mains, Iowa River Power Dam renovation, a river crossing and access road. Maps provided by Howard R. Green Company clearly illustrate the project area boundaries as well as the individual impacts; no difficulties are anticipated in accessing and examining the impact areas. This proposal has been structured to satisfy a Phase I cultural resources survey of the entire project area. Investigation Premises The basic premise of the BCA investigative strategy originates with the assumption that landforms (e.g., upland divides, knobs, interfluves, hillslopes, colluvial and alluvial fans, stream and lake terraces, benches, etc.) all provide physiographic context for archeological deposits. Landform features are created and subsequently altered by systematic processes that are both predictable and regular. Natural processes such as weathering, gravity, erosion, deposition, and flood damage all have the same effects upon cultural deposits as they do upon geological deposits (cf. Schiffer 1987). Thus, it would follow that the relative location of archeological sites and interpreting their conditions of preservation can best be analyzed by applying geomorphic principles to archeological inquiry (see Bettis and Thompson 1982). Because notable portions of the survey tracts include Holocene-age alluvial deposits located along the Iowa River, the geomorphic potential exists for deeply buried (and potentially significant) cultural resources in the alluvial landforms. To assess this potential, BCA propos- es to use a Giddings hydraulic soil probe, which can remove 2 or 3 inch diameter solid soil cores up to 15 feet below ground surface. A landscape model encompassing eleven specific components of the overall landform sediment assemblage has been developed for the Coralville Lake area (Anderson and Overstreet 1986). This model is applicable to the proposed survey tracts and will serve as guide for the proposed intensive Phase I cultural resource survey. Since a detailed and comprehensive landform sediment assemblage model has already been developed for this region, BCA does not feel the cost of a professional geomorphologist is justified, especially in view of the background and experience of BCA staff in this regard. Investigation Strategy The objectives of the proposed investigation are as follows: 1 ) Through a prefield investigation, identify previously reported archeological sites and historic properties mapped in the project areas. 2) Using current models, construct a geomorphic landform model of the project area through which the identified cultural resources may be analyzed. The potential for deeply buried sites, the extent of recent alluviation, degree of historic disturbance will also be addressed. 3) Through a complete field investigation, document the extent of all cultural resources in the project area. 4) Preliminarily assess the potential significance of any archeological properties in the project area. With mutually agreeable modifications, it may be possible to further evaluate potentially significant resources found during the survey beyond the extended Phase I level, 5) Summarize the investigation and analytical results in a technical report. A management plan will be constructed to provide future guidance for the cultural resources in the project area. As outlined below, BCA proposes a staged approach to achieve these goals, At all stages of the investigation, BCA will strictly adhere to cultural resource survey guidelines provided by the State Historic Preservation Office and the Secretary of the Interior. BCA will also regularly update and consult with the City of Iowa City and Howard R. Green Company of the status of the investigation at the conclusion of each stage. The advantage of such an approach is twofold. A multi-stage strategy will allow analytical feedback between the different stages, which in turn will allow the formulation and implementation of techniques that are both prudent and cost effective in view of the initial findings. This strategy will also keep the client fully informed of all developments as the project unfolds. Prefield Stage. This preliminary stage involves reviewing background archeological, historical, and geomorphological information on the survey areas and the surrounding region. To accomplish this, records at the Office of the State Archaeologist, State Historical Society Library, and the Johnson County Courthouse as well as regional summaries will be consulted. Collections from the previously reported sites in the project area (see below) will be examined so to begin the preliminary assessment of these properties. 2 During the second part of the prefield stage a preliminary landform model for the survey tracts will be developed, based on maps and geomorphic information available for upland landscapes and Holocene alluvium in southern Iowa (e.g., Bettis and Littke 1987), and a review of the Johnson County Soil Survey (Schermerhorn 1983). This model will guide the archeologists during the early part of the field stage, when additional geomorphic data will be gathered. Because BCA proposes to use a hydraulic soil probe to conduct the geomorphic and deep site discovery investigations, a complete inventory, including the mapped location of all buried pipelines, electric lines, phone cables, etc., of all utilities in the survey areas will be gathered. Although a complete record search has not been conducted, a cursory inspection of the site records reveal that several previously reported sites are mapped in the survey tracts (see Figure 1). Summary information about these sites is presented in Table 1. Based on information provided by Howard R. Green Company, one previously recorded property (13JH284 in the northern tract) appears to lie within the impact zone of the project areas as it is currently outlined, This site will require investigation at the extended Phase I lev,el (i.e., intensive pedestrian inspection and systematic shovel testing) in order to determine whether further investigations at the Phase II level are warranted. BCA shall conduct investi- gations on all previously reported and newly identified sites within the project area at the extended Phase I level. Based on this initial investigation, recommendations for each property will be used in the formation of a management plan for the cultural resources in the project area (see Post-field/Report Preparation Stage below). Table 1. Previously reported sites in the project area. site number location area 13JH283 northern tract ca. 2 acres inventory stemmed projectile point lithic flakes lithic shatter fire-cracked rock 13JH284 northern tract ca. 1 acre lithic flakes lithic core 13JH286 southern tract ca. 2 acres 13JH287 southern tract ca. 2 acres 13JH288 southern tract ca. 1 acre 13JH289 southern tract ca. 2 acres lithic flakes fire-cracked rock lithic flakes lithic shatter fire-cracked rock Iithic flakes fire-cracked rocks lithic flakes fire-cracked rocks 3 Field Stage. The field stage will consist of two components. 4' the beginning of this stage, BCA personnel will conduct geomorphic investigations and complete the development of the landform model for the survey areas within the project area. The geomorphic investiga- tions will include the removal of numerous solid core soil samples by the hydraulic soil probe and analysis of these materials by BCA staff geoarcheologist. The importance of geomorphic studies as part of a larger archeological investigation should not be underestimated. It is the type and nature of the landforms within the survey areas within the project area that will gorern how BCA conducts the archeological investiga- tion. By identifying areas of recent alluvium or previous disturbance, BCA archeologists will be able to focus their investigation on those parts of the project areas which have the highest potential to contain significant (i.e., archeologically important) cultural resources. BCA has used this approach for literally hundreds of archeological surveys throughout the Midwest, and feels that this methodology not only expedites the investigation, but also is the most mone- tarily efficient approach. With the results of the landform analysis in mind, BCA archeologists will pursue the second component of the field stage. This will consist of formulating and implementing an investigative methodology that will include a pedestrian survey and systematic subsurface testing. The pedestrian survey will use evenly spaced, 10 to 15 meter interval transects spanning the entire survey zone within the project area. The location, intensity and level of effort of this component will be determined by the results of the geomorphological investiga- tion. The subsurface testing will consist of systematic shovel testing of specific areas and use of the hydraulic soil probe to investigate for deeply buried sites. The shovel tests will be excavated at 10 to 1 5 meter intervals along similarly spaced, parallel transects. All tests will be excavated in 10 centimeter increments, and the excavated matrix will be carefully exam- ined and replaced. Shovel tests will typically be excavated to a minimal depth of 60 cm (ca. 2 feet) below ground surface. The hydraulic soil probe excavation interval and depth will depend upon the context of the landform under investigation. Numerous hand excavated soil probes will also be used throughout the project area to supplement the more intensive subsurface testing methods described above. On upland landforms, the subsurface testing will focus on areas exhibiting surface visibility of less than 30 percent and slope of less than 15 percent. Subsurface testing of alluvial landforms, however, is somewhat more complex and depend on the results of the geomorphological investigation. Because the Iowa River Valley is marked by a ridge and swale topography formed by the successive meandering movement of the stream channel, high terraces located near the valley margins have a high potential for surficial and buried cultural materials. Thus, the investigation of these landforms must include subsurface testing even if surface visibility is adequate. It is anticipated that most of the landforms located immediate- ly adjacent to the present river channel are comprised of, or manfled by, thick deposits of recent alluvium which can only be penetrated by the hydraulic soil probe. As previous work in southern Iowa has found (Bettis and Littke 1987:15), historic period alluvium has been deposited within the last 400 years, and therefore has no potential to contain intact prehistor- ic cultural deposits. This recent alluvium may mantle older landforms containing significant cultural deposits. However, this is why the identification of paleosols (buried land surfaces that were exposed and stable long enough to allow pedogenesis to occur) through a geo- morphic investigation is such an important part of BCA's total investigative methodology. By 4 documenting the horizontal and vertical extent of buried surfaces and evaluating their potential for containing significant cultural resources, we believe that the probability of encountering important subsurface archeological sites during later construction activities can be greatly lowered. During the fieldwork, photographs will be taken of the survey areas and any sites that are encountered within the project area. Field sketch maps will be drawn detailing landforms, the areas of impact, and any cultural materials present. Finally, field notes will be written to provide a narrative account of the fieldwork, and to record qualitative, as well as quantitative, aspects of the project area. Should archeological sites be encountered in the project area, these sites will be recorded utilizing official Iowa site forms. After completing the reconnaissance portion of the survey, BCA personnel will prelimi- narily evaluate any archeological sites found in the impact zone within the project area. This evaluation will involve a surface collection and excavation of systematic shovel tests to determine the horizontal and vertical extent of the cultural deposits. Photographs will be taken of the sites as well as a scale map outlining any artifact concentrations and cultur- al/n, atural features present in the project area will be made. if potentially significant cultural resources are encountered during the investigation, Howard R. Green Company will be consulted immediately. With mutually agreeable modifications to the original contract, itmay be possible to implement Phase II testing (see below) at sites which will be adversely dis- turbed by the impacts as they are currently outlined. Post-field/Report Preparation Stage. After completing the fieldwork, a preliminary assessment will be presented to the City. This stage will include an analysis of all collected artifacts and site interpretations based on the field notes. The artifacts will be washed, examined, cataloged, and prepared for curation at Office of the State Archaeologist repository in Iowa City. Using the field notes and any other relevant information, a technical report detailing the investigation of the project area will be completed, as will any necessary site forms. At this time, photographs will be selected and the maps and illustrations will be drafted for inclusion with the report. The report will present a detailed discussion of the project area geomorphology, prehistoric and historic cultural overviews, investigative method- ology, and survey results (including site summaries). The report will conclude with general project and site specific recommendations. The archeological site recommendations are typically one of the following: 1 ) The site is not considered eligible for nomination to the National Register of Historic Places and no further work is recommended. The reasons for this evaluation will be presented in detail. 2) The site may have potential for contributing significant information in regard to the history or prehistory of the project area. If this is the case, a Phase II investigation to determine level of significance and potential eligibility to the National Register of Historic Places may be recommended if impact avoidance of the site is not a feasible option. 3) The site is clearly eligible for nomination to the National Register of Historic Places. As requested by the Scope of Work, if Phase II investigations are conducted as part of the work (see optional Phase II statement below), the results of these investigations will also be presented in the technical report and pertinent recommendations will be made. 5 The investigation = s final results will be integrated into a regional context summary, including the formation of a management plan outlining further recommendations for the properties identified in the survey areas in the project area. The plan will provide the frame- work through which the City of Iowa City can manage the cultural resources in the project area and anticipate how future impacts will affect these properties. PHASE II TESTING OPTION BCA has completed numerous testing projects and is prepared, at a mutually agreeable negotiated cost, to conduct any necessary additional Phase II investigations at the sites identified in the project area. Our recommendations for Phase II testing will be based on the results of the extended Phase I investigations within the project area. EQUIPMENT/FACILITIES BCA recently (1993) moved into 3,750 square feet of newly constructed office, laboratory, darkroom, and report production facilities in Cresco, Iowa. Our company also maintains branch offices in New Brighton, Minnesota, and Manitowoc, Wisconsin. Our company currently uses Macintosh and IBM compatible computers to produce contract completion reports and to computer drafting. A summary our current computer inventory is presented below. Gateway 2000 P5-120 Gateway 2000 P5-100 Gateway 2000 P5-90 Gateway 2000 P5-66 Eagle River 4000 Macintosh LC]11 Macintosh SE 30 Macintosh SE Macintosh Classic (3) Equipment used for the production of reports, in addition to the aforementioned computers, include four laser printers (Hewlett Packard Laser Jet 4; Hewlett Packard Laser Jet 4p; 2- Apple Personal LaserWriters), a high resolution Hewlett Packard Scan Jet IIc color scanner, a Minolta EP-5420 copier, and a Minolta 490Z copier. This equipment, in conjunc- tion with our ability to perform computer drafting and construct large data bases, enables BCA to rapidly produce high quality reports through desktop publishing. BCA has an extensive 10,000-volume reference library which includes many rare books, technical publications, and contract completion reports. Our proximity to Luther College (in Decotab, Iowa) allows our researchers to take of advantage of Luther=s library, archives, and interlibrary loan services. Books, journals, and maps that would otherwise be time-consuming to locate can readily be accessed through the college. Our New Brighton office offers similar advantages through its proximity to the Minnesota Historical Society and University of Minnesota libraries and archives. A full inventory of laboratory and field equipment (the latter is summarized in Appendix A) meets the needs of all phases of archeological investigation and a!!ows BCA to field fully equipped crews of up to twenty individuals. An in-house darkroom allows us to process and print photographs rapidly and inexpensively. 6 CURATION BCA establishes and maintains curation agreements with numerous agencies through- out the Midwest. For the proposed project, our agreement with the Office of the State Archeologist, Iowa City, should be satisfactory. As requested in the Scope of Work, we will curate at this facility all cultural materials, samples, field/laboratory documents, analytical results, photographs, and one copy of the final report. Although estimation of how much space will be required is dependent upon the amount of cultural material recovered from the sites, we estimate that between one and four cubic feet will be required. PERSONNEL David G. Stanley {M.A., Northern Illinois University) will serve as principal investigator for this project. Stanley will be responsible for directing and implementing all aspects of the survey and authoring the contract completion report. David W. Benn (Ph.D., University of Wisconsin- Madison) will be the research coordinator and develop the landform sediment assemblage model. He will describe soil profiles and advise the principal investigators in regard to the geo. morphological portion of the project. Scott C. Shaffer (M.A., Memphis State University) will carry out the historic archival search and assess any historic archeological sites which may be within the project area. The remaining members of the investigative team will be drawn from the BCA support staff. SCHEDULE If selected for this project BCA is prepared to initiate the prefield stage within two business days of notification to proceed. Implementation of the field stage is contingent upon weather conditions. However, we are prepared to begin the fieldwork immediately if weather conditions are favorable. The proposed timetable is presented in appendix B. GUARANTEE Bear Creek Archeology, Inc. guarantees that thc quality of its work will meet or exceed current professional standards and guidelines established by the Iowa State Historic Preserva- tion Office and the Secretary of the Interior. BCA further guarantees that our firm will abide by all Federal, State, Local laws, regulations, and ordinances while completing the proposed project. Our firm understands the legal and ethical concerns associated with Native American burials, and will conform to all regulations as outlined in the Iowa Code (e.g., chapters 305A.7; 716.5; and 685-11.1 ). No mortuary features or human remains will be intentionally disturbed without direct consultation with representatives of the Burial Program at the Office of the State Archaeologist, the City of Iowa City, and Howard R. Green Company. 7 REFERENCES CITED Anderson, Jeffrey D., and David F. Overstreet 1986 The Archeology of Coralville, Lake Iowa. VoL II Evolution of Holocene Landscapes. Reports of Investigation No. 167, Great Lakes Archeological Research Center, Inc. Bettis, E, Arthur III, and John P. Littke 1987 Holocene Alluvial Stratigraphy and Landscape Development in Soap Creek Water- shed, Appanoose, Madison, Monroe and Wapello Counties, Iowa. Iowa Quaternary Studies Group Contribution No. 14. Geological Survey Bureau, Iowa City. Bettis, E, Arthur III, and Dean M. Thompson 1982 Holocene Landscape Evolution in Western Iowa: Concepts, Methods, and Implica- tions for Archeology. In Current Directions in Midwestern Archeology: Selected Papers from the Mankato Conference, edited by Scott Anfinison, pp. 1-14. Minneso- ta Archeological Society, Occasional Publications in Minnesota Anthropology No. 9, St. Paul. Scl~ermerhorn, Edward J. 1983 Soil Survey of Johnson County, Iowa. USDA Soil Conservation Service, Washington, D.C. Schiffer, Michael B. 1987 Formation Processes of the Archaeologlcal Record. University of New Mexico Press, Albuquerque. 8 $~t.~ ].,~4 0(~) CC)~,TOUR ~,T£RV~L )C) ~'E:['t £igure f. Topographic map (iowa C~ty West, Iowa I1965: photorevised 1983]) showing the land tracts and prewously reported sites ~n the project area. 9 APPENDIX A Field Equipment List lO The following listing summarizes field equipment that is available for use during the investigation, Excavation Equipment 3 inch stainless steel auger with extensions and carrying case 23 sand shovels 8 square end shovels 8 posthole diggers 15 Marshalltown trowels 4 6 inch bucket augers 12 wooden shaker screens (1/4 and 1/8 inch mesh) 4 3.2 cm stainless steel hand soil probes with extensions 2 5 cm stainless steel hand soil probes with extensions Mapping Equipment 1 Leitz model 625 transit with adjustable tripod 1 W.E. and I. Gurley transit with adjustable tripod 1 three piece ronge pole and case 1 metric three piece adjustable stadia rod 1 K and E mounted compass with adjustable tripod 2 Brunton hand compasses, model 8040 4 Silva hand compasses, model 17 5 50 meter fiberglass tape measures 3 red end metric-English folding rulers 10 Lufkin 3 meter tapes Photographic Equipment 8 Canon AE-1 35 mm SLRcameras 3 Zesner 1:2.8 35 mm wide angle lens 3 Canon 50 mm lens 1 Tamron 135 mm F/2/8 telephoto lens 1 Promaster Spectrum 7 28-200 zoom lens 1 Promaster 28-80 mm zoom lens 2 Sigma macro 1; 2.8 close-up lens 2 Canon 35-105 mm zoom lens 2 Vivitar 2800 flash 4 soft carrying cases 4 hard storage cases Vehicles 8 ft. alumocraft jon boat 16 ft. deep hull jori boat with 35 hp Suzuki motor and boat trailer 1993 CO17 Alumacraft canoe 1993 Suzuki 4 hp outboard motor (may be used with 8 ft. jori boat or canoe) 1972 Chevrolet 1/2 ton pickup with bed mounted Giddings hydraulic soil probe 1973 Volvo 142 station wagon 1985 Dodge Power Ram 4-WD 1/2 ton pickup with fiberglass topper 1993 Dodge Dakota 4-WD 1/2 tone pickup with fiberglass topper 1995 Ford F150 2-WD 1/2 ton pickup with fiberglass topper 11 APPENDIX B Proposed Tknembl~ Cost Esfimat~ Breakdown 12 PROPOSED TIMETABLE The following time schedule for Option 2 is contingent on several factors, including weather conditions; the number of sites found during the survey; whether Phase II testing is conducted at any site(s); and the projected review time, Thus, leeway time has been added to the schedule, with the following generally considered the maximum, albeit not set, time frame, Notification to proceed date (Day I). Prefield stage (Day 3). Field stage (Days 3 to 35). Postfield/report preparation stage (Days 35 to 70). Pro~ected review period of draft report by City of Iowa City (Days 70 to 100). Completion of revisions and submittal of final report to the City of Iowa City and State Historic Preservation Office for review (Days 100 to 110), Projected review period of final report by City of Iowa City and the State Historic Preservation Office {Days 110-170). Final report accepted (Day 170), 13 COST ESTIMATE BREAKDOWN Prefield Stage (26 hours) 16 hours ~ 20.00 8 hours @ 15.00 2 hours ~ 12.50 labor costs overhead (110%o) subtotal fixed fee (12%) PKEFIELD STAGE COST ESTIMATE 320.00 120.00 465.00 976.50 117.18 $1,093.68 Field Stage (hours) 40 hours 1~ 25.00 120 hours t~ 20.00 36 hours ~ 17.50 56 hours ~ 15.00 360 hours t~ 8.50 4 hours ~ 12.50 labor costs overhead (110%) subtotal fixed fee (12%) FIELD STAGE COST ESTIMATE 1,000.00 2,400.00 630.00 840.00 3,060.00 50.00 7,980.00 ~,778.00 16,758.00 $18,768.96 Pos.rfield/Report Preparation Stage (hours) 40 hours ~ 25.00 1,000.00 152 hours ~ 20.00 3,040.00 28 hours ~ 17.50 490.00 32 hours ~ 15.00 480.00 8 hours ~ 12.50 100.00 172 hours ~ 8.50 labor costs 6,572.00 overhead (110%) subtotal 13,801.20 fixed fee (12%) 1.656.1_4 POSTFIELD/REPORT PREPARATION STAGE COST ESTIMATE $.~457.34 TOTAL PROJECTED LABOR COSTS $35,319.98 Giddings corer curation per diem lodging TOTAL EXPENSES 5 days 1~ 150.00/day 750.00 4 cu. ft. ~ 250.00/cu.ft. 1,000.00 77 days ~ 16.25/day 1,251.25 73 nights ~ 55.001night 4,015.00 TOTAL ESTIMATED COST $42,336.23 14 DIX B 12 Prepared by: Rob Winstead, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319/3§6-5145. RESOLUTION NO. 96-115 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, PRO- FESSIONAL ENGINEERS, TO PROVIDE ENGINEERING CONSULTANT SER- VICES FOR THE HIGHLANDER AREA SANITARY SEWER. LIFT STATION, AND FORCE MAIN PROJECT. WHEREAS, the City of Iowa City desires to construct a sanitary sewer, lift station, and force main in the Highlander area; and WHEREAS, the City of Iowa City is obligated to undertake certain sanitary sewer improvements along Highway 1, north of Interstate 80, as a condition of a CEBA grant; and WHEREAS, the City of Iowa City desires to contract for sanitary sewer extension, lift station, and force main; construction staking and inspection services; and WHEREAS, an Agreement for professional engineering services has been negotiated with Shoemaker & Haaland, Professional Engineers of Coralville, Iowa; and WHEREAS, it is the public interest to enter into said Contractor's Agreement with Shoemaker & Haaland, Professional Engineera. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, that: The Consuitant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this 23f'd day of Apri 1 ,1996. p.,v~ng~J~ghln(Lre9 MAYOR Approved by City Attorney's Office Resolution No. 96-115 Page 2 It was moved by Thornbe~y and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X X T T T Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be CONSULTANT AGR~EM~T THIS AGREEME..NT, made an.d. entered ~to. this ~_L~.'Cd.ay of .hF'.l , 1996, by and between the City of Iowa C~ty, a mumc~pal corperauon, hereinafter referred to as the City and Shoemaker & Naaland Professional Engineers, hereinafter referred to as the Consultant. Whereas the City desires to contract with the Consultant to assist with the construction phase of improvements to the existing 1tighlander Lift Station and Force Main included in the construction contract awarded by the City and hereinafter referred to as the "Project." NOW THEREFORE, it is agreed by and between lite parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES A. Construction Inspection Phase The Consultant shall provide periodic part-time on-site inspection and documentation utilbSng a technician or engineer with at least two years experience in the inspection and construction of public improvement projects similar to the proposed lift station and sewer system improvements. B. Construction Staking Phase The Consultant shall provide construction staking surveys and set construction stakes for lift station, force main and sanitary sewer construction and related surface restorations. It is the understanding of the Consultant that the following work or information will be provided by the City: The City will acquire temporary consreaction easements for construction of sewer improvements on private property. H. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Time of completion may be affected by services to be provided by others, as previously defined. Construction Inspection and Staking - To be completed on a schedule matching the construction contract requirements and the Contractors daily and weekly schedule. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. - 1 - To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual onentatlon. 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, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" mount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' wri~n notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be made available by said City upon reasonable request from the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained b.y the Cons.ul .t~nt pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, expecting, -2 - ~th this Agreement shall constitute grounds for the City to ~thhold payment of the mount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remain/ng portion shall continue in full force and effect as though severable from the invalid portion. Original contract drawing 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 Project v,411 be paid by the City. COMPENSATION FOR SERVICES Construction Inspection Phase - The Consultant shall be paid on a lump sum basis an mount of $24,210,00 Construction Staking Phase - The Consultant shall be paid on a lump sum basis an amount of $4~74~.00 The anticipated total for services A and B is $28,955.00. V GENERAL 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 fids Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR TIlE C1TY Tire: Mayor Date: April 23, 1996 FOR THE CONSU-LTANT Shoemaker & I-I,~aland Professional Engineers . , .. By: S , P.E. Title: Vice Presi~ ~li~ Date: ~/'~ City Attornoy'a Of~ce - 3 - Prepared by: Rob Winstead. Civil Engineer, 410 E. Washington St., I_owa Cib/, IA 52240 (319) 356-5145 RESOLUTION NO. 96-116 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE FIRST AVENUE RECONSTRUCTION PROJECT WITH THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for the reconstruction of First Avenue from Muscatine Avenue to D Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Department of Transportation. Passed and approved this 23rd day of April , 1996. MAYOR CITT-CLERK Approved by ey s Office It was moved by Baker and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X Thornberry the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Iowa Department of Transportation 800 Lincoln Way Ames, IA 50010 515-23%1348 FAX: 515-239-1966 Marian K. Karr City Clerk 410 East Washington Street Iowa City, Iowa City 52240 Dear Ms. Karr: Re: STP-U-3715(8)--70-52 City of Iowa City Subject: Agreement Number: 96-STPU-21 Attached is one copy of the executed Transportation Federal.Aid Project Agreement for 1st Avenue fi'om Muscatine Avenue t- D Street. This agreement should not be construed as authorization for the City to begin any construction activity on the project. The standard provisions as set forth in this agreement must be followed in order to east re receipt of Federal funding assistance. The project engineer should contact the Iowa Transportation Center Local Systems Engineer regarding project development and design requirements. Please provide a copy of the enclosed letter and approved agreement to the City Engineer and Howard R. Green Company at 4250 Glass Road NE Cedar Rapids. Iowa 52402. Enghreer Since,ely, Willb,,c, A. Nelson, P. E. Urbm; 3ystems Projects Office at' Local Systems WAN:jj Enclosure cc: Office of Accounting Office of Materials Office of External Audits Iowa Transportation Center Local Systems Engineer Regional Planning Agency 11-9~ IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL-AID SURFACE TRANSPORTATION PROGRAM PROJECT RECIPIENT: Iowa City COUNTY: Johnson PROJECT NO.: STP-U-3715{8)--70-52 IOWA DOT AGREEMENT NO.: g6-STPU-21 · This is an agreement between the City of Iowa City (hereinafter referred to as RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Section 306A.7 provides for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT proposes a Surface Transportation Program (STP) project for funding under Sec. 133 (b) of Title 23, United States Code. The Intermodal Surface Transportation Efficiency Act of lggl(ISTEA) established the Surface Transportation Program (STP). Federal regulations provide that the STP funds are to be administered by the DEPARTMENT. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide STP funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. All notices required under this agreement shall be made in writing to the DEPARTMENT and the RECIPIENT's contact person. The DEPARTMENT's contact person shall be the Local Systems Engineer of the East Central Iowa Transportation Center. The RECIPIENT's contact person shall be the City Engineer. The RECIPIENT shall be responsible for the development and completion of the following described STP project: The reconstruction of First Avenue from Muscatine Avenue to "D" Street, including the replacement of the drainage structure over the South Branch Ralston Creek. Agreement No: 96-STPU-2! Page 2 e e The RECIPIENT shall receive reimbursement of Federal STP funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by Federal STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the current Johnson County Council of Governments Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. This agreement will become null and void if the project described in Section 3. drops out of Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds. The attached Exhibit 1 will apply and is hereby made a part of this agreement. Agreement No:g6-STPU-2I Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number gC-STPU-21 as of the date shown opposite its signature below. RECIPIENT: Iowa City Title Mayor Date April 23 , lg96 I, Marian K. Karr , certify that I am the Clerk of the CITY, and that Naomi J. Novick , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 23rd day of April , 19 96. Signed ~._~]~> 7/Fy. ~--4~, Date City Clerk of Iowa City, Iowa April 23 , 199~6 IOWA DEPARTMENT OF TP~ANSPORTATION Project Development Division Ur_~J~_an Sy~ems E~B~jq~neer '--~Office of Local Systems cIby Attorney's Office Date ~/~ ~ , 19~ EXHIBIT 1 Standard Provisions for Federal-Aid Project Agreement Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age or handicap/disability. The DEPARTMENT will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federal-aid projects. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTMENT's Action Plan for project environmental studies including historical/cultural reviews and location/design approval. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resourses Conservation Service (NRCS). The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, State Conservation Commission, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for Feview and - ,L_.~._~. to let ,L~ project dUu,ur,Ld~ un ~,,~ . If Federal-aid is requested for preliminary and/or construction engineering, the RECIPIENT will select a consu)tant(s) in accordance with the DEPARTMENT's consultant selection process. Construction engineering cost will be limited to a maximum of 15% of construction cost. The RECIPIENT and Consultant shall prepare the consultant contract for preliminary engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). After the contents of the consultant contract have been mutually approved, the RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for authorization. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the Exhibit 1 -2- 10. 11. 13. 14. 15. 16. 17. DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get Federal Highway Administration's {FHWA) authorization before purchasing any needed right-of-way. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utitlites on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Chapter 306A, Code of Iowa. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform TrafFic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. The RECIPIENT (CITY) shall comply with the public hearing requirements of the Iowa Code Section 384.102. The project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and opened, the DEPARTMENT will furnish the RECIPIENT with a tabulation of all bids received. The DEPARTMENT will review the bid tabulations and proposals, and will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail the unexecuted contract to the approved low bidder. Upon concurrence to award the contract, the DEPARTMENT will notify the RECIPIENT. The RECIPIENT shall then enter )nto a contract with the contractor. The RECIPIENT shall forward to the DEPARTMENT two {2) signed copies of the contract and one copy each of the performance bond, and certificate of insurance. The DEPARTMENT will prepare the submit it for Federal Highway obligation of Federal-aid funds. Federal-aid Project Agreement and Administration(FHWA) approval and The RECIPIENT shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services according to its normal policy. The project shall be constructed under the DEPARTMENT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. Exhibit 1 18. 19. 20. 22. -3- 23. 24. The RECIPIBNT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such materials available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement ' ' ~ .....~ ~L. in ~ manner acceptable tu the DEPARin~,, '" FHWA. Implementation of Clean Air Act and Federal Water Pollution Control Act {Applicable to Contracts and Subcontracts which exceed $100,000): The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. The RECIPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. Exhibit 1 -4- 25. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 26. It is the intent of both parties that no third party beneficiaries be created by this agreement. 27. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collectlens of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code chapter 384. The RECIPIENT agrees that at such time as its collections {exclusive of interest ~nd penalties which shall be retained bythe RECIPIENT) from special assessments levied for this project exceed th~ local share of total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs {including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The RECIPIENT shall notify the DEPARTRENT when any lands specially assessed no longer qualify for an agricultural defermerit of the special assessment have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. 28. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 29. This agreement, as set forth in items 1 through 6 and Exhibit 1 paragraphs 1 through 29 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. Prepared by: Rob Winstead, Public Works. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145. RESOLUTION NO, 96-117 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE FIRST AVENUE RAILROAD CROSSING SURFACE RECONSTRUCTION PROJECT WITH THE STATE OF IOWA AND THE IOWA INTERSTATE RAILROAD. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the State of Iowa and the Iowa Interstate Railroad, said agreement baing attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the State of Iowa and the Iowa Interstate Railroad for the reconstruction of the railroad crossing surface at First Avenue, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Department of Transportation. Passed and approved this 23rd day of ^pril ,1996. ClTT-CLERK Approved by Cit~ Attorney s Office ..z~/2~¢ It was moved hy Lehman and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Iowa Department of Transportation 800 Lincoln Way, Ames, Iowa 50010 515-239-1108 FAX: 515-239-1005 May 17, 1996 REF: 938 - GCSR Agreement Johnson County AAR-DOT 606-873-Y State Crossing No. 12943 First Ave, Iowa City Mr. Mark Peterburs Chief Engineer Iowa Interstate Railroad 2920 Industrial Park Road Iowa City, IA 52240 Gentlemen: Mr. Robert D. Winstead, Jr. Assistant City Engineer City of Iowa City 410 East Washington St. Iowa City, IA 52240 Enclosed is your fully executed counterpart of Agreement for a surface repair fund project at First Avenue crossing in Iowa City. The work is authorized to commence immediately in conformity with the Agreement provisions and the provisions of this letter. Both the Railroad and the City have important procedures to follow to insure full (60%) funding by the Iowa Department of Transportation. Agreement's Sections XII through X'ql remain a part of this Agreement. Please read the Agreement carefully. I need to know when the project work will begin at the site and when the job is complete. The City should perform on-site verification of the project work each day. Iowa Interstate Railroad must notify me in writing when the job is fully complete so an on-site meeting with all parties can be held to certify completion and acceptance of the project. Approaches - The surface repair fund will participate in actual costs of approach work up to the maxunum cost of ,1o,2o0 (city estimat~ for upuon "B"). The ~ta~ac~ r~pan ftmd portion will be 60% of actual cost, up to a maximum of $10,950. Signal Costs - The surface repair fund will participate in signal relocation costs, as per agreement. Signal costs are in lieu of rehabilitation of the two retired tracks. JV:lkv Enclosm'e (1 agreement each) J~aice Vetter, Manager Rail Crossing Surface Program Office of Maintenance Programs cc: Tom Devine, Audits, Iowa DOT, Ames w/agreement & staff action Carlos Boysen, ECITC, Iowa DOT, Cedar Rapids, IA 52406-3150 w/agreement STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND AGREEMENT at the railroad crossing located County Road State Crossing No. DIRECT ALL COMMUNICATIONS REGARDING THIS PROJECT TO: Contact Persons: Highway Authority Address /-//~,~:. Office Telephone No. Company Address Office Telephone No. Corporate Telephone No. Division (State) J~nicu Vutt~r Tulephone Nu. Iowa Department of Transportation Maintenance Division - Office of Maintenance Programs 800 Lincoln Way Ames, IA 50010 After hours you can leave a message at 515-239-1055. AGREEMENT SUBMITTAL: Complete and return three fully executed forms to Maintenance Division, Office of Maintenance Programs, for each crossing project with Exhibit "A", Work Statement, and Exhibit "B", Cost Estimate attached. 1-10-95 EQUIPADD, surface STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND County ht ,so/ AGREEMENT State Crossing Number FRA Number .~(~ THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa Administrative Code, Chapter 82I, is between ~x~O ~,'~y (Highway Authority) having primary jurisdiction over the above referenced road, hereinafter referred to as the Highway Authority, and the (Track Owner) ..... with principal offices located at hereinafter referred to as the Company, and the Maintenance Division of the I~a Department of Transportation, hereinafter referred to as the Division. The Highway Authority and the Company agree to repair the at-grade crossing located at ~.~ (General Description) and further agree as follows. SECTION I. Work Statement and Performance. lhe Company and the Highway Authority have determined the extent of the repair to be performed at this cross- ing, including railway and roadway approach modifications. This repair shall conform to the Company and Highway Authority Standards. In the absence of specific Company standards, American Railway Engineering Association Guidelines shall be followed. The agreed work, generally described in the Work Statement identified as Exhibit "A" attached hereto and made part of this Agreement, is to be performed by Company forces, except the Company may subcontract performance of the roadway approach work or other required incidental work. SECTION II. Cost Estimate. The estimated cost of the project work is item- ized on Exhibit "B" attached hereto, and made part of this Agreement. SECTION III. Work Start and Completion. The Company shall begin the construction of the project as soon as possible after the Division gives ~itten authorization to proceed and complete the project within 18 months of written authorization to proceed. Costs incurred prior to Division authorization are not reimbursable under this Agreement. Costs incurred more than 18 months after Division authorization will not be reimbursed unless the Company has requested in writing and received from the Division a written extension of time for completion. The Division shall have complete discretion, and be the sole authority to grant or deny extensions. Costs incurred for work following the extension time will not be r~imbursed. ~ SECIION IV. Traffic Control. (Select one of the following): lhe highway will be closed during repair. Exhibit "A" describes specific closure conditions. The highway will remain open to one-lane traffic during repair. A highway runaround will be constructed to permit two-lane traffic during repair. 2 If traffic is to be maintained for either one or two lanes, the Company shall advise the Highway Authority Contact Person a minimum of 14 days in advance of the starting date to allow the Highway Authority adequate time to provide and place appropriate traffic control devices. If the road is to be closed, the Company shall advise the Highway Authority Contact Person: 1) a minimum of 60 days in advance of the approximate starting date to allow the Highway Authority to implement the detour; and 2) 14 days in advance of the actual starting date to allow the Highway Authority adequate time to provide and install appropriate signs on the detour. SECTION V. Work Notification. The Company shall notify the Division and the Highway Authority~s Contact Person no later than 14 days prior to the start of its work at the crossing. The Highway Authority shall be given ample opportunity to document the materials, equipment, and labor required to complete the project. SECTION VI. Completion Certification. After the Company has completed the required work, the £on~any shall so notify the Division and the Highway Authority in writing. The Division shall arrange an inspection with the Highway Authority and the Company in order for all parties to determine whether the project work has been completed in accordance with the terms of this Agreement or Amendments thereto. When the work has been completed in accordance with the Agreement, the Company and the Highway Authority shall sign and deliver to the Division a Certificate of Completion and Acceptance form. SECTION VII. Reimbursable Costs. The Company will keep an accurate and detailed account of actual~and necessary reimbursable costs incurred under this Agreement. The cost of labor, material, all associated additives and sub- contracted work costs are Peimbursable, and shall be billed on a force account basis in accord with litle 23 Code of Federal Regulations, Part 140, Subpart I. The cost of Company equipment, equipment rental, accounting, accounting additives and bill reproduction are reimbursable, but shall not be included directly in the force account billing. Those costs shall be billed as an additive amount equal to nine {9) percent of the total force account billed less final audit exceptions. The cost of preliminary project engineering, construction inspection, or the construction of tunarounds will not be eligible project reimbursable costs. SECTION VIII. Cost Sharing. The Highway Authority and Company each agree to incur a cost equal to twenty percent of the reimbursable costs defined in SECTION VII for work described in Exhibit "A". The Division agrees the Grade Crossing Surface Repair Fund shall be used to pay the remaining 60 percent of these costs. SECIION IX. Progressive Payments. The Company may transmit progressive bills prior to project completion to both the Division and Highway Authority for material, labor, and subcontracted costs included in Exhibit "B." The Division and Highway Authority may make a progressive payment not to exceed 97 percent of each party~s estimated participation. SECTION X. Final Billing. The Company shall transmit the final bills along with a copy of the signed Certificate of Completion and Acceptance form to both the Division and Highway Authority. SECTION XI. Final Payment. The Division, upon receipt of the final bill and Certificate of Completion and Acceptance form, shall review, and forward the final bill to the Iowa Department of Transportation's Office of Audits for final audit. The Division shall notify the Highway Authority of the reimbursable amount after final audit. The Division and Highway Authority shall make payment to the Company equal to 60 percent and 20 percent, respectively, of the final reimbursable amount, less previous payment. The Company shall promptly reimburse the Division and Highway Authority in the amount of any overpayments. SECTION XII. Maintenance and Abandonment. Upon completion of the project, ~e Company shall maintain the crossing surface to provide a smooth crossing for travel. If the track is removed from both sides of the crossing, the shall remove the surface material, rail and cross ties from the crossing ihall restore the roadway void to the satisfaction of the Highway Authority, all Company expense. The Company shall move and install all suitable modular surf material to another Company public crossing satisfactory t~ the Division, at expense. The installation of the modular s~rface mater~al may be eli( a Grade Crossing Surface Repair Agreement. XIII. Successor and Assigns. This Agrmement shall be binding upon all or assigns. The Company shall provide written notice to the Highway Auth 'ity and the Division of any assignm~t of this Agreement. SECIION V. Project Contact Persons. All-hotices and con~munications essential to ~lete the work required by this/Agreement shall be made to the Contact Persons ~d the Division specified on (he cover page of this Agreement. SECTION XV. ntegration and Amendment. This Agreement and its exhibits constitutes the ~e Agreement between th~ Division, the Company, and the Highway Authority this project. An~ substantial change as determined by the Division in work descr/(bed ~n Exhibit "A" must receive prior written approval by )irision. SECTION XVI. Documents, .~.is Agreement may be executed and delivered in two or more each of}~hich so.executed and delivered shall be deemed to be an original, all s~ll constitute but one and the same original. Executed by: thorized Agent Title By: ~7/~_~. ~,~ ))aJ~Qr, City of Iowa City 4/23/96 'mgh~ay Au~9~{y Auth~ized AgentA~EST:~' ':~ ~ ~ Date NaZi J. N~ick Ma?an K. ~r~, City Clerk ~ ~i v i s i o n ~h~ i ~Ag~ ~c< ~ ~ Attorney's Office -- 4 County EXHIBIT "A" - WORK STATEMENT Iowa Grade Crossing Surface Repair Fund FRA NO. ~'<:~ Stale Cross,.. 1. Crossing(S) Reconstructed A. COMPANY will rcgonstruct --, / - crossings of ~'<~ t of, ~':2.f?4:r~ ?_~. - ~C~/~ . ~-~w .~u~cr~a~ intough tl~c traveled madway and ~ , ~ feet f~t of .~- -, - ~u~ace material through the shoulder o~ Jd i~g mu~t extend bey ~ ~ ~,~ ........ S ewalk area. As a m~n~mum the cross- .OhO ,he ~= v, .~= ~=-=le= roadway and through the ShOulder if ~ot Curbs' 2. Traffic Controls (mark with an XJ ~[ The highway will remain Open to one-lane traffic during repair. [ ~ A highway ~unaround will be COnstruct~ to permt lw~lane tra[fic da~ing repair, ~Tne hlg~way will be c osed fOr~-~ Oa~ during repair. NOTE: The HIGHWAY AUTHORI~ Js responsible for ~des, signing, detours, and tunarounds. The COMPANY shall advise the HIGHWAY AUTHORI~ ~ntact Person: 1) A minimum of sixty (60} ~ys in advance of the approximate staring date to allow t~e HIGHWAY AUTHOR TY to implement the detour. 2) FOurt~n (14) days in advance Of the actu~l sta~ing date to a~low the HIGHWAYAUTHORiTY adequate time tO provide and install appropriate Signs 0n the detour. Prima~ state roads may be circa a maximum of five cons~u{ive days with no closure on $aturoays Or Sunda~. Any variance On State rOadS must be approved prior to ~mpleting this form by the Iowa Depa~ment of Transportation, Maintenance D~vision, Ionted ~t 800 Lincoln .Way. Am~, Iowa 50010. 3. Track Elevation Relative to Exlstlng Road Pavemen~ (mar~ with an X) ~ Tracks will be constructed to meet existing road grade. [J Roadway will be reconstructed to meal a pro~ this Agrataunt. ) ~Tracks will be elevated and In any event, the pa~ies agr~ tO provide a smith Crossing. A. Taper Length (estimated) - A ~ ~r__~ - side of tt~e crossing requir~O~ ~~, ~footta~=.u. th~ - ~' z -, ' ~. malaria (estimated). Taper length ShOuld not exceed 25 feet for each inch of track raise. This. work will be completed by (~ark w~lh an X.) ~ COMPANY for~es ~ COMPANY's contractor ~ ~IGHWAY AUTHORITY forces ~HIGHWAY AUTHORITY's contractor 8. Track Crossing Opening in the Roadway (mark w~tl) an X.) ~ Existing track opening will be maintame~ ~ Trac~ Opening of ~ . feet will be required involving lhe folJow~no described rodeway modifications. This work will be completed by (mark with an .~ COMPANY forces [-] HIGHWAY AUTHORITY forces COMPANY's contractor HIGHWAY AUTHORITY's contractor in (units]. This work will ~e completed by (ma~k with an X). ~ COMPANY forceS ~ COMPANY'S contactot I~ HIGHWAY AUTHORITY tOrOeS ~HI~HWAY AUTHORITY's COntactot 6. Drainage (nlark with an X) A..]-'I Present drainage is adbquate. B.~ Drainage work required. Specify work to include materials and cutlet. __ 7. Additional Construetior~ and Tralflc Control Conditions; i.e, Road Closure Limitations - Cor~structton at th~s crossing included with this project, an0 not descried above. ~-7 ~L~7 -~.// ~/,,.r,~<. .~,*//~-o_.~. ~/J~ 8. Signature Block Signatures indicate agreement on all Items on Work Statement. If the Agreement is not reached at the field meeting. the Highway Authority should hold the form, and set target resolution date. exhibita Bill 3 surface, 8 GRADE CROSSING SURFACE REP~R ESTIMATE COUNTY: FRA NO.: 60ELa73 Y NA~E: .~ S~TAV F.. _ - I~'T EElAt. ITEM QTY. . UNIT ~REFABT{~,A~E D-b ONe RI~TE 80;00 T.F. 115~ #1 RELAY PJdL ~ ~10 115# TURNOUTS 2.00 F, ACH FIELD WELDS %00 'EACH CROSS TIES {7xgxs~'~ ' sS.oo F_~ACH 14' TIE PLATES ~$.00 EACR- ' TIE PADS . '0.00 EACH FILTER FAt~L~IC 110.00 LF. TEAOK 6PIKES -- 1.50 KEGS' BALLAST 70-~. 0 N.T. ANCHORS 272.00 EACH S" CMP -"~5.~ SUBTOTAL: AFE: ~ MiLE POST: STATE IO NO.: -0~r ' ~o1'/¢ -' MATER~LHANDUNGANDSTORAG~ 0,00% SUBTOTAl: ASPHALT 0~0 MATEPJ~LTOTA~; °" "gABOR- ' -'RO-DRLY CLASSIFICATION RATE DAYS TRACKMAN "~'0.8555 15 TRACIg~J~ Sl 0.8855 15 FOREIV[AN ' ~1~.3130 15 MACHINE OPERATOR $'1{~,3130 TAMPER OPERATOR $15.3130 15 REGULATOR OPERATOR ~-~-~:3'1~a])- ' ROADMAgTER SUBTOTAL: ADDITIVE RATE 9 00% (OF LAB. & MAT.) SUBTOTAL: PER DIEM LODGING EMPLOYEE EXPENSES & lODGING ~ --"~50.00 TOTAL I-l~OR COSTS: -- ' .... O~-~IDE 8ERVICF,~ ' QTY. UNIT APPROACH REP,NRS, (CITY) 1 .o0 LB. E~IUIPMENT & 0.8. TOTAL: .... "~ ~/~ATERtAL tOTAL: -- · TOTAL, LABOR COSTS: MATERIAL & LABOR SUBTOTAb EQUIPMENT COSTS: OUTSIDE SERVICES TOTAL: SUBTOTAL: CONTINGENCIES: IL0g.~ PROJECT SUBTOTAL: SCRAP CREDIT: 5,50 N.T. PROJECT TOTAl.: - &o.oE $0.00 TOTAL HOURS COST 12'0~00 $~ ~:~.8~ 1g0.0O 120.00 . ~1,~03.~ ~2o.oo ~.oo $~,a~ - DAYS COST COGT ~ "~e~o8.5o' . $35,16B.~ ~.00 . (~0.~' 05111/96 REVISED OPTION "I~" / / !~?$ I ~ off' 11~, 61-:x° [.~0~,~ ,'-'" 2.000 (~r~Jt~? /To?xo, t'/,,~?e~ ¢ z STAx # SECTION XII. Maintenance and Abandonment. Upon completion of the project, )e Company shall maintain the crossing surface to provide a smooth crossing for Hcular travel. If the track is removed from both sides of the crossing, the )any shall remove the surface material, rail and cross ties from the crossing ;hall restore the roadway void to the satisfaction of the Highway Authority, all Company expense. The Company shall move and install all suitable modular surfa material to a~th? Company public crossing satisfactory to the Division. at expense. me mstallation of the modular s~rface material may be el a Grade Crossing Surface Repair Agreement. SECTi XIII. Successor and Assigns. This Agreement shall be binding upon all succm rs or assigns. The Company shall provide written notice to the Highway Auth 'ity and the Division of any assignment of this Agreement. SECTION V. Project Contact Persons. All hotices and communications essential to )lete the work required by this/Agreement shall be made to the Contact Persons ~d the Division specified on (he cover page of this Agreement. SECTION XV. ntegr~tion and Amendment. This Agreement and its exhibits constitutes the ~e Agreement between th~ Division, the Company, and the Highway Authority erni~g ~his project~ Any substantial change as determined by the Division in project work descr/fbed in Exhibit "A" must receive prior written approval by Division. · . SECTION XVI. ~_~Documents. ~his Agreement may be executed and delivered ~n ~wo or more counterparts, each of ~hich so executed and delivered shall be deemed to be an original, aXnd all sh~ll constitute but one and the same original. Executed by: omp~ny Authorized Agent Title HighWay Au~.or~ty Auth~]zed ' ' Naomi J. NO~ick AgentATTEST:..~. '.~... Marian K. I(arr, City Clerk 4/23/96 Date Division Authoriz~ Agent · - bltyAttome' "Offlce 4 Title Date ... SECTION XII. Maintenance and Abandonment. Upon completion of the project, the Company shall maintain the crossing surface to provide a smooth crossing for vehicular travel. If the track is removed from both sides of the crossing, the Company shall remove the surface material, rail and cross ties from the crossing and shall restore the roadway void to the satisfaction of the Highway Authority, all at Company expense. The Company shall move and install all suitable modular surface material to another Company public crossing satisfactory to the Division, at Company expense. The installation of the modular surface material may be eligible for a Grade Crossing Surface Repair Agreement. SECTION ~)II. Successor and Assigns. This AQreeme~t shall ~e binding upon all successorsXqr assigns. The Company shall prowde written notice tg the Highway Authorit~ and the Division of any assignment of th~s AgreemenJV. SECTION XIV.~ Pro.iect Contact ~ersons. All notices and commun~!ations essential to complete the work required.by this Agreement shall b~'.m.~de to the Contact Persons andSthe Division specified on the cover page of ~!sAgr~e?nt. SECIION XV. Integration and Amendment. This Agreement its exhibits constitutes the entir&xAgreement between the Division, the ~any, and the Highway Authority concerning this project. Any substantia as determined by the Division in the ~oject work described in Exhibit must receive prior written approval by the ivision. SECTION XVI. This be executed and delivered in two or more each of which so execl and delivered shall be deemed to be an original, all shall one and the same original. Executed by: Com ent Highway Authority Authorized Title Date D] ion Auth 4 Title . Date