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HomeMy WebLinkAbout1998-06-16 ResolutionRESOLUTION NO. 98-193 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: The Mill Restaurant - 120 E. Burlington Street It was moved by Kubby and seconded by as read be adopted, and upon roll callthere were: O'Donnell that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 16th day of June , 19 98 . A~oved by City Attorney's Office a\danceprm.res Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 98-194 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED LIST Passed and approved this 16th A'I-I'EST: ~~-,..-~.~ ~. ClTYU-'I:.ERK Approved by City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef clerk~res~cigperm.doc CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 1 AS OF 5:00 p.m. 6/16/98 DOING BUSINESS AS APPLICANTS NAME PURPOSE .~...z~"~ ?~- Ph C~(~ ~/~s/~' ~cR~EGAL VENDING- ~r (~o~-,~ ~ ~ A~NI ~RT ~ & J MINI ~RT INC L RgON C~~ LEGION, ROY L. CHOPEK POST ~17 LEGION, ROY L. CHOPEK POST ~17 C[~US AMOCO SERVICE KEITH D VILLHAUER ENTERPRISES INC CELLAR TIIE HAROLD WASrII INGTON' CI..T--Y'NEWS AND BOOKS ~R~PAUL PEN-NINGROTH C~GE STREET NEWS EL ~ C?.~~ LANES ~PERSHELL CORP S INTERNATIONAL INC D S~~pMUSTANG MARKET ETROLEUM COMPANY OF IOWA CITY  SHORT STOP CORPOP. ATION L J GLASGOW DL~~BE~FOXHEAD TAVERN SKY DAV I D L ~ RE~~NDING D~DEILI MART #3 I MART CORP LICENSE 85 00104- 97 00005 93 00012 86 00025 85 00074 86 00021 92 00011 94 00006 96 00008 85 00003 95 00005 86 00001 86 00022 85 00023 85 00092 98 00014 STICKER # 02412 02354 C 02355 C olq~J~ 02356 C o~q~0 02357 C o~[5] 02358 C o~qs~ C 02359 C o~qs5 02360 C o~q~w 02413 V o~q5~ 02361 C 5~qSL 02362 C o~qs7 02363 C o~9S] 02364 C o~q.ScI 02414 V CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 2 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER D~LELIMART I MART CORP LELIMART #2 I MART CORP AU 'LS STANDARD ROZINCK FOOD STORES EG IN UNDERGROUND THE L VENDING DO~~RDsUE STREET HANDIMART TROM OIL COMPANY LL~UC]K E FOOD CENTER #157 Y STORES INC EC~~oNoOFOODS #473 FOODS #473 ELLERS ELLERSLIE INC ~PRESSSTOP BILL & SHIELA BOYD F~AY STORES INC AY STORES INC F~~R~AL ORDER OF EAGLES #695 AL ORDER OF EAGLES #695 EE'S AL VENDING ERPRISES .GASBY'~D~WNTOWN FL~A~NTERPRISES 'CEORCE'g BUFFET CEORCE'S BUFFET 87 00013 87 00018 92 00006 85 00013 93 00001 90 00009 85 00004 87 00010 98 00015 93 00002 95 00006 98 00003 91 00008 95 00004 96 00009 8-6 00017 02365 C ~%q~o 02366 C o%q~l 02367 C c>lqb~ 02368 C o~q~q 02415 V ~q3~ 02369 C o~q~5 02370 C o~q~ 02372 C olqL? C 02373 C ~le~ 02374 C 02416 V o~q~ 02375 C o~qu~ 02376 02417 C CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 3 DOING BUSINESS AS APPLICANTS NAME PURPOSE ~~TEAT WALL VAY AND CHI HO CRIZZLY'$ SOUTI~$IDE PUB OSAGE VENDINC GUNNERZ GUNNERZ LTD ~RTiIGG DRUGDRuG STOREcoMPANy#10iNc I~ I CIdLANDER T}4E RECAL VENDING HI~~LLToOpP TAVERNLOUNGE LTD Hy~_-~EE~ FOODFooD &STOREsDRUGSTOREiNc #2 H~ FOODiNC STORE #1 HY~ FOODFooD STOREsToRES#3iNC JH~~o~COsN~jO cLoL~SoLTLOyBACCO BOWL ~~WKEYEP~sEMENT j~oHHNN', SS GROCERY'GROCERY INCiNC' ~/~ CORPORATION KN~~DOO~R~S PORT CO E~~GAT~ VENDINGHAWK' THE LICENSE 93 00011 00006 97 00006 98 00001 93 00003 85 00125 95 00003 85 00010 85 00009 85 00011 91 00009 95 00007 85 00054 85 00140 85 00135 85 00097 STICKER # 02377 C o ~ q -?~ 02 ~29 V 02378 C . 02~19 V 02379 C o,qq5 02380 C o~-(~- 02382 C o%q-q-[ 02381 C olq-7~ 02383 C OIq' 02384 C ©lC)~'C" 02420 V or93'~ 02385 C 02432 C 02387 C 02421 V O~3~ CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER # UUGO #422 E GENTLE OIL CORPORATION   MIGHTY SHOP, INC. MIGHTY SHOP INC LL~~yAL ORDER OF MOOSE LODGE #1096 ORDER OF MOOSE LODGE #1096 MARTINI ' S HIGH ENERGY FOOD CONCEPTS INC ENDING ~.~AEMORI ES REGAL VENDING ND I NG i~i L~LLLLLERMART INC ERMART INC M~RAMA R T SHEELA S PATEL wK'S SALOON & EATERY EYE AMUSEMENT ONE-EYED JAKES ON~OR STUDENT INC 0~$~0 DRUG STORE %~9SCO DRUG INC OS~GD~GORsETSo~R2E 3S 93i NC OL~LT-E~ LIMITS OF IOWA CITY HAWKEYE AMUSEMENT PA~~UL,'S OF IOWA CITY S DISCOUNT OF IOWA CITY ~ P..p~ON'S DRUG STORE VPEARSON' S DRUG STORE INC 85 00025 85 00045 87 00005 98 00004 98 00007 91 00004 89 00004 90 00006 96 00005 85 00062 98 00010 85 00116 94 00003 90 00001 85 00100 85 00048 02388 C 02389 C 02390 C C V o~939 02422 V olqq~ 02423 V ~15~/ 02391 C 02392 C 02424 V C 02393 C 02394 C 02418 V otq~t3 02395 C 02396 C CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 5 DOING BUSINESS AS APPLICANTS NAME PURPOSE JOE & FAYE GROBIN P~~wKEOR BOWLING, INC. YE AMUSEMENT \Q w~EAMuSEMENT QV~UiI~ TRIP #509 TRIP CORPORATION Q~~UiI KK~RI P #548 RIP CORPORATION QUiP #552 P CORPORATION ,R.T.'S RECAL VENDINC E AMUSEMENT R i~~TO~ HAMOCO SERVICE RO SAL I E S~MARY RESTAURANT & PUB THE ITED S/uBBURBAN AMOCO URBAN INVESTORS LC S~~AN AMOCO-KEOKUK STREET INVESTORS, B.C. i~L~iET HANDIMART AM D & DAVID V NORDSTROM LBEMINI MART RHASKY TOM & MARILYN T~,~..I. FRIDAYS HIGHLANDER INC TABAC INC TABAC INC LICENSE # 98 00008 85 00063 90 00007 85 00019 97 00003 85 00022 85 00096 96 00003 85 00137 98 00006 97 00007 98 00012 93 00008 85 00085 98 00013 98 00009 STICKER # C 02425 V o~ 02426 V o~,--/5 02397 C 02398 C 02399 C 02527 V 02428 V o~q~c. 02400 C C 02431 C C 02402 C 02403 C C C CIG/~RETTE PEPSITS PRINTED : 06-MAY-98 PAGE: 6 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER # THIRD COAST ALLYN M ELKIN & BENJAMIN A ELKIN K~wIBAKCCO OUTLET PLUS #537 TRIP INC T~CREST AMOCO SERVICE INC ~'TOW-NCREST AMOCO SERVICE INC JAMES J ~WKEYE ~UMUSEMENT COMPANY VI TO ' g VITO'g OF IOWA CITY INC · STORES INC ~ W~L~REENS %,WALGREEN COMPANY WAREc~ E INC WIG & PEN PIZZA PUB GFP INC AUGI£S DOWN-TOWN 92 00002 97 00008 91 00011 85 00042 93 00013 98 00005 92 00012 85 00029 85 00016 98 00002 02404 C 02405 C 02406 C 02407 C 02430 V Olq~ 7 C 02409 C 02410 C 02411 C C TOTAL CIGARETTE PERMITS: 90 CIGARETTE PERMITS PRINTED : 06-NLAY-98 PAGE: 1 )OING BUI~INESS AS NAME PURPOSE 6~~GAL VENDING AA~~& jJ MINI MART MINI MART & LARSON INVE, C~AN LEGION, ROY L. LEGION, ROY L. MENT COMPANY POST #17 [OPEK POST #17 c[.C. AMPUS AMOCO SERVICE KEITH D VILLHAUER ENTERPRISES :NC CELLAR THE HAROLD WASHINGTON CI.T-Y'NEWS AND BOOKS ~R/PAUL PENNINGROTH C~GE STREET NEWS EL ZE_~__~ ~C~LANES ~m~L~ OOR~ S INC ~S~ pMUSTANG ETROLEUM ~ ~HoRT ~TO~ L J GLA, SKY ~ RE~D D~EILI #3 I CORP OF IOWA CITY L LICENSE 85 001 97 05 00012 86 00025 85 00074 86 00021 98 00011 94 00006 96 00008 85 00003 95 00005 86 00001 86~00022 000 98 00014 CKER # 02412 V o;93:3 02354 C 02355 C o1~1cl 02356 C o~qSO 02357 C olq51 02358 C olq52 C 02359 C o~q55 02360 C 02413 V o~q5~ 02361 C ~>19SL 02362 C o~q57 02363 C olqS~ 02364 C 02414 V C CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 2 DOING BUSINES~ APPLICANTS PURPOSE AS D~ELLIMART I MART CORP LELIMART #2 I MART CORP ~AU 'LS STANDARD ROZINCK FOOD STORES f D~LIN UNDERGROUND THE U'REGAL VENDING DO~~RDsUE STREET HANDIMART TROM OIL COMPANY L~UC/KE FOOD CENTER #157 Y STORES INC EC~~oN~FOODS #473 FOODS #473 ELLERS ELLERSLIE INC ~PRESSSTOP BILL & SHIELA BOYD F~AAY STORES INC Y STORES INC F~~E~TER~L ORDER OF EAGL] L ORDER OF EAGi EE'S AL VENDING ERPRISES PRI~ GEORGE'S GEORGE'S #695 #695 LICENSE # STICKER # 87 00013 02365 C 87 0001~ 02366 C ~lq&l 92 6 02367 C 00013 02368 C 93 00001 02415 V ~'~q~f 90 00009 02369 C 85 00004 02370 C 87 00010 02372 C 98 00015 C 93 00002 02373 C 00006 02374 C 91 000~ 02416 95 00004 ~ 02375 96 00009 ~\ 02376 85 00017 ~02417 C V c~q.~,~ C C C CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 3 DOING APPLICANTS PURPOSE AS GRIZZLY'S SOUTHSIDE PUB OSAGE VENDING GUNNERZ GUNNERZ LTD iG DRUG STORE ~10 G DRUG COMPANY INC HIGHLANDER THE REGAL VENDING ALKLTOP 76 OPEC INC Hi~~LLToOP LOUNGE P TAVERN LTD FOO D O TOR , HY-VEE FOOD STORES INC HY- FOOD STORE #1 H~--VEE INC HY~ FOOD STORE #3 FOOD STORES INC JH~~o~C~NNOLLY'S TOBACCO BOW~ J CONNOLLY / ~HAWKEYE AMUSEMENT / ~N'S GROCERY, INC./ 'JOHN'S GROCERY INf ~ ~RT ~-~RT CORPO~N ~OOD 7s ~N~D T~S~RT CO ~~ ~WK~ TH~ ~EGAL VE~NG LICENSE # ST~CKER # 93 00011 02377 C 96 00 02429 V 9 006 02378 C 98 00001 C 93 00003 02419 V 85 00125 02379 C 95 00003 02380 C 85 00010 02382 C 85 00009 02381 C 00011 02383 C 91 709 02384 C 95 02420 V 000~ 85 00054~ 02385 C 85 00140 ~02432 C 85 00135 787 C 85 00097 024~1 V CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE ~ K~"'& GO #422 k %,KR_AUSE GENTLE O~CORPORATION L.~ MIGHTY SHOP,k INC. ~ & M MIGHTY SHOP ~C LO/X'A'L ORDER OF MOOSE ~ODGE #1096 %'I50YAL ORDER OF MOOSE L%DGE #1096 MARTINI ' S TS~I HIGH ENERGY FOOD CONCEP NC ~'RE~ VENDING ~EMORIES REGAL VENDING MI~P V ,N NO ~/~LERMART INC ~'MI LLERMART INC M~p~A~DHADRAMART SHEELA S PATEL WwK'S SALOON & EATERY EYE AMUSEMENT ONE-EYED JAKES ONE/~OR STUDENT INC \ 0~0 DRUG STORE %~9SCO DRUG INC OS~G STORES #2393 DRUG STORES ~OL~LT-E~ LIMITS OF IO~ CITY HAWKEYE AMUSEHEy · PAI~'TS OF IOWA/CITY ~5~UL'S DISCOUNT OF IOWA CITY EARsON'S DRUG STORE ON'S DRUG STORE INC LICENSE # 85 85 87 0 00025 8 00045/ 02389 STICKER C C 00004 02390 C 98 00007 C 91 00004 89 00004 02422 V OlqgL- 90 00006 02423 V ol~"ff/ 96 00005 02391 C 85 00062 02392 C 98 5 02424 V blq'UrZ. 00010 C 00116 02393 C 85 00lOOx~ 85 00048 02394 C 02418 V olgH~ 02395 C 02396 C CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 5 DOING AS APPLICANTS PURPOSE ~,~~~N~Ti°NV~°~s JOE & FAYE GROBIN P~d~R BOWLING, INC. k3Z~WKEYE AMUSEMENT \Q w~EAMuS EMENT QV~uiIKK TRIP #509 TRIP CORPO~TION RIP ~548 RIP CORPO~TION Q~P ~552 ~IKTRI P CORPO~TION R.T.'S RECAL VENDINC- E AMUSEMENT RR~AMOCO SERVICE ROSALIE S~AMRY RESTAU RANT & PUB ITED sVs/uuBBURBAN AMOCO URBAN INVESTORS LC S~~A~ AMOCO-KEOKUK INVESTORS, L LBE MINI MART RHASKY MARILYN ~,T,~. I. F~ HIGHIJLNDER TABAC IN( TABAC ~C LICENSE # / / 98 00008/ 8>L /0 00007 85 00019 / 97 00003 // 85 00022 ~ 5 0009G / ~,o 0003 ' ~,° 85 ~137 98 000~~6 ST~[ CKER # C 02425 V o~H~ 02426 V o~W5 02397 C 02398 C 02399 C 02~27 V 02428 V o~q~C. 02400 C C 98 00012 C 93 00008 0~402 C 85 00085 024~ C 98 00013 ~C \ \\ 98 00009 Ck CIGARETTE PERMITS PRINTED : 06-MAY-98 PAGE: 6 DOING BUSINESS AS APPLICANTS ~AME PURPOSE ~ THIRD COAST &~ M ELKIN ALLYN ENJkMIN A ELKIN ,~CCO OUTLET PL~#537 ~'KWIK TRIP INC ~ % T/~'~CREST AMOCO SERVIC~ INC ~'TOWNCREST AMOCO SERVIC~NC T S JAMES J ~ ~~WKEYE AMUSEMENT COMPANY VITO'S VITO'S OF IOWA CITY INC - W~T #1721 %~WAL-MART STORES INC ~W~L~REENS UWALGREEN COMPANY WAREc~ E INC WIG & PEN PIZZA PUB · GFP INC / T ITS: 90 LICENSE # 97/00008 00011 00042 00013 00005 92 00012 85 00029 85 00016 98 00002 STICKER # 02404 C 02405 C 02406 C 02407 C 02430 V olqV7 C 02409 C 02410 C 02411 C C Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 98-195 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 LITTLE DONKEYS, INC. D/B/A PANCHERO'S 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, Little Donkeys Inc. d/b/a Panchero's applied for temporary use of the public right- of-way at 32 S. Clinton Street 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 97-3764; 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 for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. 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 and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. June , 1 998. Passed and approved this 16th day of denVJres/outdoor.doc ~AYOR ' '~' City Attorney's Office Resolution No. 98-195 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: 0'Donne]] the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND I_',fH~ FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT ~ ~, ~,~ IOWA CITY, IOWA This Agreement is made between Landowner Tenant ~\~-~ ~:::,~1'~,~ o~q~ ~0;It~-~,~ ~)~1"/?::~1, and and the City of Iowa City, Iowa, a municipal corporation. WHEREAS, the City of Iowa City ("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 set forth in this Agreement, said use is in the public interest. 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: has given Applicant/Tenant permission to operate a sidewalk cafe as herein provided. Applicant/Tenant ),~Lr~_~o~_~/~ ?.~.. (hereafter "Appli- cant") 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 tempo- rary use of the public right-of-way as a sidewalk cafe in accordance with this Agree- 3 ment, including Exhibit 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. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations 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 the City is not empowered to grant permanent or perpetual use of its right-of-way for private purpos- es, 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 (1997.), and that the Applicant shall not be entitled to any compensation should the City elect to do so. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damag- es, of whatever nature, including payment of reasonable attorney fees, which may arise from the Applicant's use of the public r~ght-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant 4 including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City'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 cafe 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 cafe 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 right-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 (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 12. Applicant further agrees that there will 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. 13. Dated this 5 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. ~ dayof 1~o,.~ , 19~-~/ CITY OF IOWA CITY, IOWA APPLICANT/TENANT MarPan K. Karr, City Clerk By By APPLICANT/LANDOWNER By By City Attorney's Office 6 APPLICANT/TENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally app~aared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/TENANT'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) SS: On this ~- day of ~'~O.x_., ,A.D. 19~, before me, the undersigned, a Notary Public in and for the Stat of Iowa,'personally app--~ared .~.~ qt~. )~/~._~.~-~(Sr~ and ~ e, to me personally known, who, being by ~ne duly sworn, did say that they are the ~;~d ~.~. 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 -~__~ i~lJ ~-1~_~ 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 ih--ahc~' for t-~e State of Iowa 7 APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Public in and for the State of I to me personally known, and his/her voluntary act and deed and b~hi__m/~untarily executed. Nota~"Pu~ an~ for the State of Iowa APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of 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 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 8 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /G day of ,J~'~ ~. ,1 9~_~, before me, , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman, Mayor 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. ?%- /?5 passed by the City Council on the ~ day of .~--~ , 1 9__~, and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. legal\bev\license.swk Notary Public in and for the State of Iowa My commission expires: City of Iowa City MEMORANDUM Date: To: From: Re: May 27, 1998 Design Review Committee Jim Schoenfelder, DRC Staff Assistant Sidewalk Caf6 for Panchero's at 32 S. Clinton St. Little Donkey, Inc. has submitted a renewal application for a sidewalk caf6 at 32 South Clinton Street. The cafb is actually located along the Washington Street side of Panchero's. The sidewalk caf~ ordinance requires that the design of sidewalk cafes be subject to the design review process of the Design Review Ordinance. The applicant has indicated that the design of the cafb is substantially the same as the design approved last year. The Committee has indicated that if the design of the cafb is substantially the same as a previously approved design, the Committee does not need to review a renewal application. Therefore, the Committee will not be reviewing this application. indexbc\memos\3-1JS.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 98-196 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 421 CRESTVIEW AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Low Interest Promissory Note and a Mortgage in the amount of $22,000.00, executed by the owners of the property on May 25, 1988, and recorded on June 2, 1988, in Book 1005, Page 352 through 354 in the Johnson County Recorder's Office covering the following described real estate: Lot 55 in Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 4, Page 324 Plat Records of Johnson County, Iowa, subject to easements and restrictions of record, WHEREAS, the balance of the City's lien totals $11,498.07.00; and WHEREAS University of Iowa Community Credit Union, Iowa City, Iowa is in the process of rewriting an existing Home Equity Loan in the amount of $30,000.00 to the owners of 421 Crestview Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce University of Iowa Community Credit Union to make such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this ppdcdbglres142 lcrest.doc 16th day of Approved by City Attorney s (~f~ce Resolution No. 98-196 Page 2 It was moved by Kubb,y and seconded by adopted, and upon roll call there were: 0' Donne11 the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef SUBORDINATION AGREEMENT THIS AGREEMENT UNIVERSITY OF IOWA CITY IA is made by and between the City of Iowa City, herein the City, and IOWA COMMUNITY CREDIT UNI~)N of 52240 , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 11,4@9.0'7 and was executed by STE?HEN _AND H_ARY SMITH (herein the Owner), dated H.AY 25 , 19 88 , recorded JUN~, 2 , 19 88 , in Book 1005, Page. 352., and in Book .... Page , Johnson County Recorder's Office, covering the following-described real property: LOT 55 IN COURT HILL, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEROF RECORDED IN PLAT BOOK 4, PAGE 324 PLAT RECORDS OF JOHNSON COUNTY, IOWA, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Financial Institution proposes to loan the sum of $ 30,000. O0 on a promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage covedng the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the rehabilitation loan of the City. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this /t day of '~'~ , 19 ?~ Mayor Attest: City~~,~2 ~. ~ lerk By By FINANCIAL INSTITUTION LOAN OFF ER SECOND PRESIDENT MORTGAGE iN OFFICER CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /G day of Notary Public in and for , 199~:, before me, the undersigned, a the State of Iowa, personally appeared and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in-(Ordinan¢c) (Resolution) No. 77;-/¢g- passed (the Resolution adopted) by the City Council, under Roll Call No. - ----- of the City Council on the ~,~. day of ~ 19 ~ and that -~,~,,~'~ ~, /-~ and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 On this 4 day of JUNE , A.D. 19 98 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared MATTHEW E FRASCHT and DAVID E JOHNSON , to me personally known, who beincl by v~%~du~SsV~0D~N,z(;lid say that they are the LOAN OFFICER and SECDNU ~o~[ORTCACD .LOAN .O.FFI(;$R.' respectively, of said corporation executing the within and rego~ng rostrumera To wnlcn this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Dire_ctp_rsj_a_LrLd that the said .-.~ SP~COND VICE PRESIDENT · LOAN OWFT~V.R . ~.,,u i4ORTGA(]B .LOAN OF. FI.CER . as. s.ucn. officers acknowledged the execution ot saia ins[rumem to De me voluntary ac~ ar~a aee~ of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 98-197 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST NATIONAL BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1804 HANNAH JO COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $24,000.00, executed by Greater Iowa City Housing Fellowship (GICHF) on August 23, 1996, and recorded on December 20, 1996 in Book 2202, Page 142 through 160 in the Johnson County Recorder's Office covering the following described real estate: Lot 20, Village Green South, Part 3B, Iowa City, Iowa according to the plat thereof recorded in Book 34, Page 39, Plat Records of Johnson County, Iowa, WHEREAS, the balance of the City's lien totals $24,000.00; and WHEREAS First National Bank, Iowa City, Iowa proposes to give a new first mortgage in the amount of $73,600.00 to the owner of 1804 Hannah Jo Court and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce First National Bank to make such a loan; and WHEREAS, First National Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to First National Bank; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and First National Bank, Iowa City, Iowa. Passed and approved this 16th day of Junp ,1998. Approved by CITY'CLERK ome~'s (~ffice ~/"~ ppdcdbg/res/1804hann.doc Resolution No. 98-197 Page 2 It was moved by Kubb~v and seconded by adopted, and upon roll call there were: 0 ' Donne] ] the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and __ THE UNIVERSITY OF IOWA CREDIT UNION , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain MORTGAGE which at this time are in the amount of $24,000 and were executed by GREATER IOWA CITY HOUSING FELLOWSHIP (herein the Owner), dated August 23 , 1996, recorded December 20TM , 19 96, in Book 2202, Page 142 through , Johnson County Recorder's Office, covering the following described real property: LOT 20, VILLAGE GREEN SOUTH, PART 3B, IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 34, PAGE 39, PLAT RECORDS OF JOHNSON COUNTY, IOWA. WHEREAS, the Financial Institution proposes to loan the sum of $ 73.600 , on a mortgage promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the MORTGAGE held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THERFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted MORTGAGE, held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. SUBORDINATION AGREEMENT Page 2 Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fitly Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the MORTGAGE of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this /6, day of ~'~t,mz.- ,19 ~e, Mayor Attest: By FINANCIAL INSTITUTION CITY' S ACKNOWLEDGEMENT STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this /re day of ',3 o.~ ~ ,1998, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~ ~-~ a)~ L~ and Maclan 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 by authority of its City Council, as contained in (Ordinance} (Resolution) No. ?,6- passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the /~ day of d ,.~ , 19 _~_, and that__~,-,~ t.O /_eho,,~ ,q , and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa % SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~--~ day of ~ r~ c-. , A.D. 19 r~ ,~ , before me, the /_~unders!gned. a Nptpry Public in~*a,nd for ~_!.he State of Iowa, personally appeared o_~;,.~ ~[o~,~ i~.[~'~/~/.~ and ~-~O_v~c/' /~'~i~_r~O-~ {. to mepersonally known, who /..,being .by, me, duly.swom, did say that tl~y am the ./~(~ /~ /_~(~ ~q'"'/',e.~/ and .._~ j//~ ,/~*o/~_,-Y-~.~c.-/;;;,~, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on beh.~lf of said corporafio~ by authority of its Board of Directors; and that the said /)7,~;.(/q~,,/',~ Z'~'~.,? ,~(/~-/',,~,:.~_ and ~'- V/~; z'~/~,'~./<~ V- /'~.~-.~)~as such officem ackno~eidged the execution of said instrument to be the voluntary act' and deed of said corporation, by it and by them voluntarily executed. No..~,tary Public in and. for the §,.~ of Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 98-198 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, PROMISSORY NOTE AND MORTGAGE FOR THE PROPERTY LOCATED AT 741 DEARBORN STREET, IOWA CITY, IOWA WHEREAS, on December 8, 1994 the property owner of 741 Dearborn Street, executed a Rehabilitation Agreement, a Promissory Note and a Mortgage for the amount of $3,275.00 through the City's Housing Rehabilitation Program; and WHEREAS, these documents created a lien against the property; and WHEREAS, the lien was paid off on June 4, 1998; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 741 Dearborn Street, Iowa City, Iowa from the Rehabilitation Agreement, Promissory Note and Mortgage recorded on January 5, 1995 in Book 1856 Page 107 through 118 of the Johnson County Recorder's Office. Passed and approved this 16th day of June ,1998. ATTEST:/~~ /~. ClT~'6LERK Approved by p pdcd bg/res/74 ldea rb.doc Resolution No. 98-198 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 741 Dearborn Street, Iowa City, Iowa, and legally described as follows: Lot Fourteen (14) in Block Nine (9) in Rundell, Johnson County, Iowa, according to the plat thereof, from an obligation of the property owners, Christine P. Brus, to the City of Iowa City in the total amount of $3,275.00 represented by the Rehabilitation Agreement, Promissory Note, and Mortgage recorded on January 5, 1995 in Book 1856 Page 107 through Page 118 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or Approved by City Attorney's Office STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this /4 day of J--~,~,_ , A.D. 19 ?S , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ¢9-~ , adopted by the City Council on the //_¢ day c~' ,3~,, , 19 9b and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdcdbg/74 ldea~o.doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 98-199 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 914 IOWA AVENUE, IOWA CITY, IOWA WHEREAS, on December 11, 1987 the property owners of 914 Iowa Avenue, executed a Rental Rehabilitation Lien to secure a 10-year, no-interest Declining Balance Loan for the amount of $10,000 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the lien was satisfied on June 11,1998; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: Passed and approved this The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 914 Iowa Avenue, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on December 17, 1987 in Book 989 Page 621 through 623 of the Johnson County Recorder's Office. '6~h dayof ,une~ / , 1998.~y Approved by City Attorney's Office It was moved by Kubby and seconded by 0'Donne] adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdrehab~res\914iowa.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 914 Iowa Avenue, Iowa City, Iowa, and legally described as follows: Commencing at a point on the south line of Out Lot 4 in Iowa City, Iowa 172.55 feet east of the southwest corner of said Out Lot 4, thence west 58 feet along the south line of Out Lot 4, thence north 128.2 feet, thence easterly to a point that is 142 feet due north of the point of beginning, thence south to the point of beginning, from an obligation of the property owners, Marc B. Moen and Frank J. Wagner, to the City of Iowa City in the total amount of $10,000 represented by the Rental Rehabilitation Lien recorded on December 17, 1987 in Book 989 Page 621 through Page 623 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior r~c.,~ded documents. ATTEST: CITY'~RK Approved by City Attorney's STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this /~, day of ,3~_,~ , A.D. 19 ~E, , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~?f~-/¢? , adopted by the City Council on the ~, day ~ -,~,~ , 19 ~?~, and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\914iarol.doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 98-200 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'rTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LOAN FOR THE PROPERTY LOCATED AT 631 EAST DAVENPORT STREET / 329 NORTH DODGE STREET, IOWA CITY, IOWA WHEREAS, on December 7, 1987, the property owner of 631 East Davenport Street/329 North Dodge Street executed a Rental Rehabilitation Lien to secure a 10-year, no-interest Declining Balance Loan in the amount of $10,00.00 through the City's Rental Rehabilitation Program, and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the note were satisfied on June 7, 1998; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 631 East Davenport Street / 329 North Dodge Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on December 14, 1987 in Book 989, Page 366 through Page 368 of the Johnson County Recorder's Office. Passed and approved this 16th day of 998. CITY CLERK Approved by City Attorney's Office It was moved by Kubby and seconded by 0' Donnel 1 adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdrehab~res\631 daven.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 631 East Davenport Street/329 North Dodge Street, Iowa City, Iowa, and legally described as follows: The North ninety-six (96) feet of Lot One (1) in Block Twenty-eight (28), in Iowa City, Iowa, according to the recorded plat thereof, excepting the West half of the ~orth sixty- eight and seven-tenths (68.7) feet of said Lot One (1); Subject to an easement for the joint use of the concrete driveway over and across the East half of the North sixty-eight and seven-tenths (68.7) feet of said Lot One (1), from an obligation of the property owner, Richard Kindl, to the City of Iowa City in the principal amount of $10,000.00 represented by a Rental Rehabilitation Lien recorded on December 14, 1987 in Book 989 Page 366 through Page 368 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior re~,~~)d documents. '~~~~' MAYOR ATTEST:ciT L~~E~K ~2 /~' Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~, day of ~-~,~,,,. , A.D. 19 $~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~-P_z~, adopted by the City Council on the /~ day ~"~X~l& , 1 9 '~ ~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\631 daven.doc Notary Public in Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 98-201 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A COMPREHENSIVE REHABILITATION LOAN FOR THE PROPERTY LOCATED AT 617 KEOKUK COURT, IOWA CITY, IOWA WHEREAS, on June 8, 1988, the property owner of 617 Keokuk Court executed a Promissory Note to secure a 10-year, no-interest Depreciation Lien in the amount of $7,250.00 through the City's Comprehensive Rehabilitation Program, and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the note were satisfied on June 8, 1998; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 617 Keokuk Court, Iowa City, Iowa from the 10-year, no-interest Depreciation Lien recorded on June 16, 1988 in Book 1008, Page 275 through Page 276 of the Johnson County Recorder's Office. Passed and approved this 16th day of ATTEST: CI~LERK ~' Approved by City Attorney's Office It was moved by Kubby and seconded by Resolution be adopted, and upon roll call there were: O'Donnell the AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin\res~617keokdoc Prepared by: Liz Osborne, CD Division, 410 E. Washington St.. Iowa City. IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 617 Keokuk Court, Iowa City, Iowa, and legally described as follows: Lot 60, Part Two, Plum Grove Acres Subdivision, Iowa City, Iowa, according to the recorded plat thereof, recorded in Plat Book 2, Page 151, Plat Records of Johnson County, Iowa, from an obligation of the property owner, Edna G. Blecha, to the City of Iowa City in the principal amount of $7,250.00 represented by a Promissory Note in the form of a 10-year, no- interest Depreciation Lien recorded on June 16, 1988 in Book 1008 Page 275 through Page 278 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: Approved by ~ Yr City Attorney s Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ day of .J'--"~,t~.- , A.D. 19 '~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~-Z~( , adopted by the City Council on the ~'c. day c~ 4'---~,-,,, , 19 '~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\617keok.doc Notary Public in and for Johnson County, Iowa Prepared by: Denny Gannon. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO, 98-202 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD} [PROJECT NO, STP-U-371§(7)--70-52], WHEREAS, the Engineering Division has recommended that the work for construction of the Melrose Avenue Reconstruction Project, Phase II (Hawkins Drive to Byington Road) [Project No. STP-U-3715(7)--70-52], as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated March 18, 1 997, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of June , 19 98 CITY"~LERK Approved by City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: 0' Donne] ] the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng~ma st ers'~melro se4 .doc ENGINEER'S REPORT CITY OF I0 WA CITY June 10, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Melrose Avenue Reconstruction Project, Phase II - Hawkins Drive to Byington Road) (Project No. STP - U - 3715(7) -- 70 - 52) Dear Honorable Mayor and Councilpersons: I Hereby certify that the construction of the Melrose Avenue Reconstruction Project, Phase II - Hawkins Drive to Byington Road (Project No. STP - U - 3715(7) - - 70 - 52) has been completed by Metro Pavers, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by NNW, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's Office. The final construction cost is $922,192.59. 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 52240-1826 ,~ (319) 356-5000 · FAX (319) 356-5009 Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 98-203 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE MELROSE AVENUE BRIDGE RECONSTRUCTION PROJECT, PHASE I {PROJECT NO. BRM-3715(2)--SN-52). WHEREAS, the Engineering Division has recommended that the work for construction of the Melrose Avenue Bridge Reconstruction Project, Phase I (Project No. BRM-3715(2)--SN-52), as included in a contract between the City of Iowa City and Iowa Bridge & Culvert, Inc. of Washington, Iowa, dated June 1 1, 1996, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of June ,1998 · Approved by City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: O'Donnell pweng/res/rnelrose3.doc AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY June 10, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Melrose Avenue Bridge Reconstruction Project, Phase I (Project No. BRM - 3715(2) -- 8N - 52) Dear Honorable Mayor and Councilpersons: I Hereby certify that the construction of the Melrose Avenue Bridge Reconstruction Project, Phase I has been completed by Iowa Bridge and Culvert, Inc. of Washington, Iowa in substantial accordance with the plans and specifications prepared by NNW, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's Office. The final construction cost is $2,073,562.50. 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 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5400 RESOLUTION NO. 98-204 RESOLUTION AUTHORIZING APPLICATION FOR 1998 COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP). WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development (HUD) has published a notice of fund availability for Comprehensive Improvements Assistance Program (CLAP) funds; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher and Public Housing Programs; and WHEREAS, as required by HUD regulations, the Iowa City Housing Authority held meetings with the Public Housing tenants to advise them of the application and to request comments; and WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City would benefit from the Comprehensive Improvements Assistance Program funds; and WHEREAS, in order to receive said funds, a ClAP application must be signed by the Mayor and submitted to HUD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: The Mayor is hereby authorized to sign said application to the Department of Housing and Urban Development for ClAP funds. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this :t6th day of ~]une ,1998. ClTY'O%ERK City Attorney's Office hisasst/res/cia, p2.doc Resolution No. 98-204 Page 2 It was moved by K,JhI~, and seconded by adopted, and upon roll call there were: 0' Donne] ] the Resolution be AYES: NAYS: ABSENT: X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by' Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5052 RESOLUTION NO. 98-205 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 Iowa NA First National Bank Iowa Iowa State Bank & Trust Co. Hills Bank & Trust Co. Magna Bank, NA Hawkeye State Bank Commercial Federal Bank Norwest Bank Iowa NA U of I Credit Union Brenton Bank Location of Home Office 520 Walnut P.O. Box 906 Des Moines, IA 50304 204 E. Washington St. Iowa City, IA 52244-1880 102 S. Clinton St. Iowa City, IA 52244-1700 131 Main Street Hills, IA 52235 999 Home Plaza Waterloo, IA 50701-3731 229 South Dubuque Iowa City, IA 52240 P.O. Box 73850 Cedar Rapids, IA 52407-3850 666 Walnut St. Des Moines, IA 50309 500 Iowa Avenue Iowa City, IA 52244-2240 400 Locust St. Suite 200 Des Moines, IA 50309 Local Location 222 Second Ave. S.E. Cedar Rapids, IA 52401-1214 Same Same 132 E. Washington St. Iowa City, IA 52240 150 E. Court St. Iowa City, IA 52240-4110 Same 301 S. Clinton St. Iowa City, IA 52240 101 3rd Avenue SW Cedar Rapids, IA 52406 Same 150 First Avenue NE Cedar Rapids, IA 52407-4708 Maximum Balance in effect under prior resolution $25,000,000.00 $15,000,000.00 $18,000,000.00 $15,000,000.00 $15,000,000.00 ~; 10,000,000.00 $10,000,000.00 $35,000,000.00 $5,000,000.00 $5,000,000.00 Maximum Balance in effect under this resolution $25,000,000.00 $20,000,000.00 $18,000,000.00~ $15,000,000.00~i~ $35,000,000.00 $15,000,000.00 $10,000,000.00 $50,000,000.00 $10,000,000.00 $5,000,000.00 Passed and approved this 16t.h ATTEST: CIT~Y~LERK fintmastres~leposit.doc A~'oved by{,-'~ ,.. City Attorney's Office Resolution No. 98-205 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: 0' Donne] ] the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CITY OF IOWA CITY TREASURY INVESTMENT OVERVIEW H IFI TOTAL GEN CHECKS O/S WORKCOMP O/S PAY CHECKS O/S TOTAL O/S EXCESS OVER O/S INVESTMENTS BY BALANCE TYPE WHERE DEPOSITS DEPOSITS DEPOSITS DEPOSITS DEPOSITS DEPOSITS DEPOSITS DEPOSITS DEPOSITS DEPOSITS DNOTES IPAIT TRUST IPAIT MFUND TREAS TOTAL FIRSTAR PERPETUAL BRENTON MAGNA HILLS FIRST NATL IOWA STATE CU NORWEST HAWKEYE EXCEL EXCEL EXCEL EXCEL SOURCE PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO EXHIBIT 5-Jun-98 1,157,033.17 (562,631.40) (4,472.55) (363,782.07) (930,886.02) 226,147.15 BALANCE 0.00 0.00 2,800,000.00 11,968,000.00 7,514,000.00 4,800,000.00 5,700,000.00 7,450,000.00 32,502,704.70 9,900,000.00 0.00 10,438,646.76 1,000,000.00 200,000.00 0.00 94,273,351.46 A LIMIT 25,000,000.00 10,000,000.00 5,000,000.00 15,000,000.00 15,000,000.00 15,000,000.00 18,000,000.00 10,000,000.00 35,000,000.00 10,000,000.00 158,000,000.00 8-Jun-98 2:56 PM VARIANCE 25,000,000.00 10,000,000.00 2,200,000.00 3,032,000.00 7,486,000.00 10,200,000.00 11,142,966.83 2,550,000.00 2,497,295.30 100,000.00 74,208,262.13 Prepared by: Chades Schmadeke, 410 E. Washington St., Iowa City, IA 52240, (319)356-5141 RESOLUTION NO. 98-206 RESOLUTION SETTING A PUBLIC HEARING ON' PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COLLECTOR WELLS LOWER TERMINUS 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 July, 1998, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 16th Approved ~ City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: pweno~res\wetls.doc AYES: X X X X X X NAYS: the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 98-207 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF RESUBDIVISION OF LOT 7, W.B. DEVELOPMENT, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Howard Winebrenner, filed with the City Clerk the preliminary and final plat of resubdivision of Lot 7, W.B. Development, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Lot 7, W.B. Development, Iowa City, Iowa as recorded in Book 36, at Page 1 18, of the records of the Johnson County Recorder's Office. WHEREAS'i the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1 997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 98-207 Page 2 Passed and approved this 16th day of ,lune ,1998. It was moved by Thornberry adopted, and upon roll call there were: and seconded by Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin/re~ot7wbdv.doc STAFF REPORT To: Planning & Zoning Commission Item: SUB98-0010. Resubdivision of Lot 7, W.B. Development GENERAL INFORMATION: 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: SPECIAL INFORMATION: Public Utilities: Prepared by: John Yapp Date: May 21, 1998 Howard Winebrenner 21 7 Stevens Drive Iowa City, IA 52240 Phone: 338-7811 Preliminary and final plat approval To resubdivide Lot 7 of W. B. Development into three commercial lots. East of Naples Avenue and south of Escort Lane 1.78 acres Vacant; C1-1 Intensive Commercial North - Commercial, C1-1 East- Vacant, C1-1 South - Commercial, C1-1 West - Commercial, County CP-2 General commercial Chapter 14-7 Land Subdivisions April 30, 1998 June 14, 1998 City water is available to the site. Sewer service is available to the proposed Lots 1 and 2; a sewer service will need to be provided to the proposed Lot 3. Public Services: Police and fire protection are provided 2 by the City. Refuse collection must be handled by a private hauler. Transportation: The site is accessed via Escort Lane. No transit service is available west of Highway 218. Physical Characteristics: The site slopes away from Escort Lane to the south. Sensitive Areas Ordinance: No environmental identified on the site. features are BACKGROUND INFORMATION: The applicant, Howard Winebrenner, is requesting preliminary and final plat approval of a resubdivision of Lot 7, W.B. Development, a three-lot commercial subdivision located east of Naples Avenue and south of Escort Lane. This property was annexed into Iowa City in 1995 as part of W.B. Development. Currently the lot is vacant. The proposed subdivision would split the existing 1.78 acre lot into three lots of 0.5, 0.5, and .78 acres. A similar request to resubdivide Lot 7 into two lots was submitted and withdrawn during the winter of 1997. The subdivision was withdrawn because the applicant at the time was not able to meet her contract obligations to purchase the lot. ANALYSIS: Compliance with subdivision regulations: The subdivision appears to comply with the City's subdivision regulations. Legal papers have been submitted and are under review. If the Commission approves the plat, it should be subject to the approval of legal papers prior to City Council consideration of the plat. The original W.B. Development was subdivided in 1995, and Escort Lane and the utilities have been installed. No new streets or other public infrastructure are being proposed. Lift Station capacity: When W.B. Development was subdivided, a private lift station was installed to provide sewer service to the development. A lot owner's association is the entity responsible for the maintenance of and any future upgrades of the private sewer system and lift station. There is a finite capacity in the lift station installed by W.B. Development, which is defined as gallons per day (GPD) of sewage. Each lot in the development has been assigned a certain amount of GPD to help ensure the sewer system does not exceed capacity, and to ensure that one or more lots does not use up all available GPD, leaving other lots unable to use the sewer system. The lift station has a reserve capacity of 3,932 GPD. The covenant's for the lot owners association allow for the declarant (Howard Winebrenner) to convey this reserve GPD to each lot as they are conveyed to other businesses. The reason for this is that the GPD of sewage needs for each lot are not known until the specific use of the lot is known. Staff recommends that no building permits be issued for the lots in the resubdivision of Lot 7 until the applicant demonstrates how much GPD of sewage are assigned to the lot, and that there is sufficient capacity in the lift station to accommodate the use. 3 Sanitary Sewer Service: The south half of Lot 7, if subdivided, would need to tie into the sewer line along the north side of the Maxwell property, because it is at a lower elevation than Escort Lane. It is staff's understanding that this sewer line, which also feeds into the lift station servicing W.B. Development, is controlled by the Lot Owners Association for W.B. Development. Because Lot 3 of the resubdivision of Lot 7 needs to have a sewer service across a private property to the south, owned by Jeff Maxwell, staff requested that Mr. Maxwell submit an agreement allowing a sewer service across the north portion of his lot. Mr. Maxwell has signed an agreement allowing a sewer service across his property to the proposed Lot 3. No building permit should be issued for Lot 3 until a sanitary sewer is installed. Access: As proposed, Lots 1 and 2 would both front on Escort Lane, and would have access onto Escort Lane. There is a note on the plat that Lot 1 shall not have vehicular access to Naples Avenue. Lot 3, however, only fronts on Naples Avenue. Staff has informed the applicant that the best design for access to Lot 3 would be to access it from a private drive being constructed on the property to the south. However, Naples Avenue is considered a collector street, and therefore staff can recommend approval of an access to Naples Avenue if there is no other reasonable option for access to the lot. Transportation staff has checked the site distance at the proposed Lot 3, and it is adequate. The applicant has informed staff that they are negotiating with Jeff Maxwell, the property owner to the south, for him to purchase and provide an access to the proposed Lot 3. Grading: If any grading is proposed, the City will need to approve a grading plan. No grading is being proposed at this time. Subdivision Design Issues: The C1-1 zone is meant to serve commercial establishments with areas of outdoor storage of materials and/or merchandise. The original intent of this area was to be a development for automobile oriented sales and services, and the size of the lots and the capacity of the sewer system are consistent with the original intent. As lots are resubdivided, the intent of the C1-1 zone, to accommodate larger lot, outdoor storage and sales of merchandise enterprises, is being diminished. In addition, the private sewer system and lift station may be asked to handle more capacity than they were originally meant to handle. This further limits the kinds of future uses that can be developed in this area. While the proposed subdivision meets the zoning code and subdivision requirements for the C1-1 zone, staff wants to go on record that continued resubdivision of these lots is limiting the ability of the development to function as a collection of related intensive commercial sales and service establishments, as originally proposed. Instead, the development may turn into a collection of unrelated uses. In addition, the potential future uses permitted in the C1-1 zone are being limited by the limits of the lift station. While there are ways to increase the capacity of the lift station, it will need to be done at the expense of the Lot Owners Association. STAFF RECOMMENDATION: Staff recommends that SUB98-0010, a request for preliminary and final plat approval of a resubdivision of Lot 7, W.B. Development, a 1.78 acre, three lot commercial subdivision located east of Naples Avenue and south of Escort Lane, be approved, subject to no building permits being issued for the subdivision prior to the applicant demonstrating how many gallons per day of sewage will be assigned to the lot, that there is capacity in the lift station serving W.B. Development to accommodate the proposed use, no building permit being 4 issued for Lot 3 prior to the installation of a sanitary sewer service, and the approval of legal papers prior to Council consideration. ATTACH M E NTS: Location Map. Preliminary and final plat. Letter from Ramona Brumley, W.B. Development. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development ppdadmin\stfrept\980010.doc , ::'; .-7 ) '~]AV S~gaVN W-B Development 217 Stevens Drive Iowa City, Iowa 52240 May 12, 1998 City of Iowa City Planning Divison 410 E. Washingl:on Iowa City, Ia 52240 Attention: John Yapp Re: Sewer Access Dear Mr.. Yapp: Please be advised that Mr. Jeff Maxwell ha~.~ agreed to allow access to his private sewer line along the north edge of Outlot A to s~'~tisfy our additional sewer needs necessitated by the proposed subdivision of lob 7 of W-B Development. Sincerely, I", .x I~~ (.~.~-x I.s ,'1 '~~11. (.:.:~~' Signed this twelfth day of May, 1998 at Iowa City, Iowa W-B Development Prepared by: Rob Winstead, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 98-208 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN STREETSCAPE, PHASE I IMPROVEMENTS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT 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 improvements are hereby approved. The amount of bid secudty to accompany each bid for the construction of the above- named improvements shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named improvements in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named improvements 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 2"~ day of July, 1998. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 7th day of July, 1998, or at such later time and place as may then be fixed. Passed and approved this 16th day of June ,19 98 ,.~ ~ Approve~7~ ,. CJty Attorney's Office pweng~res~downtown.doc Resolution No. 98-208 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: June 8, 1998 To: From: City Manager and City Council Rob Winstead, Senior Civil Engineer '~'/ David Schoon, Economic Development Coordinator. ~-'~-~~~' Re: Downtown Streetscape Improvements - Phase 1 Construction Documents On the Council's June 16 agenda is a public hearing and resolution approving plans, specifications, form of contract, and estimate of cost for Phase 1 - Downtown Streetscape Improvements. At the Council's June 15 work session, Bob Kost of BRW will review the highlights of this years' project. To give Council an idea of what Bob will be reviewing, we have enclosed in the Council packet copies of portions of the construction plans. Included with this memo is a copy of a notice that was mailed out to impacted and interested parties. The notice briefly summarizes the planned streetscape improvements. In addition to reviewing the construction documents at the June 15 work session, Bob Kost will discuss the cost estimates for this phase of the streetscape improvements (i.e. limestone versus concrete planter edges). Bob Kost will only be present at your work session. However, staff will be present at both the work session and public hearing to answer questions from the Council and the public. If you have any questions, please contact Rob at 356-5145 or David at 356-5236. cc: Bob Kost Rick Fosse Karin Franklin f :\downtown\sd\cc0616.mem City Council Public Hearing on and Approval of Downtown Streetscape Improvements - Phase I Construction Plans Tuesday, June 16, 1998 - 7:00 p.m. Civic Center Council Chambers - 410 E. Washington Street On Tuesday, June 16, the City Council will be holding a public hearing on and considering approval of the Downtown Streetscape Plan - Phase 1 Construction Documents. On Monday, June 15, Bob Kost of BRW, will review the construction plans with the City Council at the Council's 7:00 p.m. work session. Council work sessions are open to the public; however, the public is asked to hold their comments until the public hearing on Tuesday. Copies of the construction documents are available for review in the City Clerk's Office. The proposed streetscape improvements include the following: Dubuque Street (between Iowa Avenue and Washington Street) · Install new pedestrian light fixtures, trash receptacles, benches, posting pillar, and bicycle racks. · Plant additional street trees. · Improve electrical service for light fixtures and electrical outlets at trees for seasonal lighting (this will require removal and replacement of an approximate 4' wide strip of concrete near street curb). Install ADA accessible curb ramps at Washington and Dubuque Streets. Repair sidewalks where needed. Replace single head parking meters with double head parking meters. City Plaza (between Washington Street and City Plaza alley) · Install new pedestrian fixtures, benches, trash receptacles, and bicycle racks. · Install new kiosk and posting pillar · Improve electrical service for light fixtures and electrical outlets at trees for seasonal lighting. · Remove pergola (During design of Phase 2, a pergola may possibly be constructed near Burger King). · Install ADA accessible curb ramps at Washington and Dubuque Streets. · Retain spaces for mobile vending carts. · Repair brick paving where needed. · Remove less than half of a dozen of trees and replant where appropriate. · Plant new landscaping plant material. · Replace wood timber planter edges with either limestone or limestone-looking concrete. · Reconfigure planter edges where appropriate. · Install additional water service line and hose bibs. City Plaza Mini-Park (Black Hawk Mini-Park) - Items in addition to those listed for City Plaza · Remove stage and remove five out of 10 planters in order to create a more flexible use space. · Replace pergola and tables with new pergola and tables. · Install two sculpture pads for public art. Chess Board near Playground Equipment · Remove and replace chess board surface material. Construction is scheduled to begin the third week of July and estimated to last until mid-October. Construction will occur in phases. During construction of the improvements, access to all businesses shall remain open during business hours. If you are unable to attend the June 15 Council work session and would like to learn more about the proposed improvements prior to the public hearing on June 16, please contact either Rob Winstead, 356-5145 or David Schoon, 356-5236. (see map on reverse side) Phase 1: ecodev~pubhear.doc ;> 0~ r-~O F.F.E. VAC. BUILDING 688.11 q A CD C O3 I I ' V"!iE N' I C C !1;-I - y T "L LINE A --i 1OWA CITY STREETSCAPE IMPROVEMENTS PHASE I IMPROVEMENTS HARDSCAPE PLAN B I W INC. ~ ~ ~ b ~ ~u ~ OAT[: IMi'el. #£G. NO. 34181-001 - 1001 ~o JHH 8K . --t Fq Frl --d J Iq AL i~ LINE A LE Y I--' , MATCH LINE B ~ 1OWA CITY STREETSCAPE IMPROVEMENTS PHASE I IMPROVEMENTS HARDSCAPE/LANDSCAPE PLAN Illl~ IOWA CITY STREETSCAPE IMPROVEMENTS ~ s¢[c~c^n~ ~ ~tEP~! w^s P~EF.~LO3~iat-00~ 1002 no PHASE I IMPRO~MENTS P.~[SS~AL L~O~[ A~IEC[ ~n aK HARDSCAPE PLAN ~ ~ ~ ~ ~ ~ 34ta.,s~ ._ ' ....... OAT[; ~~~~P~ OA~[: ....... ~.N ~G. NO~_~ e/elsa L J F.F.E. 688.11 VAC. BUILDING IOWA CITY STREETSCAPE IMPROVEMENTS PHASE I IMPROVEMENTS LANDSCAPE PLAN WA AVENUE PROJECT LIMITS --.....EL/ DULCINEA 0 I I I C C ALLEY MATCH LINE A E AND htA! I UI A OUL¥ RE~STE.qED UNDER 11.1[ $TAI[ Of IOWA $TAITJI[$ UM~l. R~G. NO. A LINE A LE Y IOWA CITY STREETSCAPE IMPROVEMENTS PHASE I IMPRO~MENTS LANDSCAPE PLAN "1 10WA CiTY STREETSCAPE IMPROVEMENTS PHASE I IMPROVEMENTS LANDSCAPE PLAN I Prepared by: Charles Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5141 RESOLUTION NO. 98-209 RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND CITY CLERK TO ATTEST A DONATION AGREEMENT WITH THE OFFICE OF THE STATE ARCHEOLOGIST TO PROVIDE CURATION SERVICES FOR ARCHEOLOGICAL COLLECTIONS FROM THE NAPOLEON PARK SITE. WHEREAS, the City of Iowa City collected archeological artifacts in conjunction with the South River Corridor Interceptor Sewer Project; and WHEREAS, all archeological artifacts collected have been examined and analyzed by the City's archeological consultant, Louis Berger and Associates; and WHEREAS, an. archeological investigations report has been prepared by Louis Berger and Associates; and WHEREAS, the artifacts are the property of the City of Iowa City; and WHEREAS, the Iowa City Historic Preservation Commission recommends the artifacts be donated to the office of the State Archeologist; and WHEREAS, it is in the public interest to enter into said Donation Agreement with the office of the state archeologist. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The 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 agreement. Passed and approved this 16th ATTEST:Ci~~RK-~ ~- day of june , l~~,,.t_, City Attomey's Office pwenoJrestaetifact~doc Resolution No. 98-209 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderh0ef the Resolution be AYES: NAYS: ABSENT: X X × X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef THE UNIVERSITY OF IOWA DONATION AGREEMENT Donor city of Iowa City Date June 16, 1998 Addre~ Civic Center - 410 E. WashinRton Phone (319~ 356-5000 Iowa City, Iowa Zip 52240 I hereby irrevocably and unconditionally give, transfer, assign, and deliver to The University of Iowa, Office of the State Archaeologist, the property hereafter described; and I waive all rights in or to said property, its use or dispo ' ' . 'Donor signature June 16, 1998 Date The following items are accepted for and on behalf of the The University of Iowa, Office of the State Archaeologist. _ . Date ////~~ Description of Objects: Prehistoric and historic artifacts recovered from the Napoleon Park and South River Corridor. Office of the State Archaeologist 303 Eastlawn Iowa City, Iowa 52242-1411 319/335-2389 FAX 319/335-2776 Prepared by: Jeff McClure, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 98-210 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN SHIVE-HATTERY, INC. OF IOWA CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSTRUCTION STAKING, INSPECTION, AND CONSTRUCTION MANAGEMENT SERVICES DURING CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL - BURLINGTON STREET TO NAPOLEON PARK. WHEREAS, the City of Iowa City has received bids for construction of the Iowa River Corridor Trail - Burlington Street to Napoleon Park ("Project"); and WHEREAS, the City is responsible for establishing and maintaining horizontal and vertical trail alignment, and for providing inspection and construction management services for the Project ("Consultant Services"); and WHEREAS, it is desirable for Shive-Hattery, Inc. to provide Consultant Services during Project construction; and WHEREAS, staff has negotiated an agreement with Shive-Hattery, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into an agreement with Shive-Hattery, Inc. for Consultant Services during construction of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's 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's Agreement. Passed and approved this 16th day of June ,1998. ATTEST:ci~C~RK '~- Approved by Cily~~ ~rn:~ce pweng/res/irc-bud.do(: Resolution No. 98-210 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 16 day of June ,1998 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc,, of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to construct a recreational trail from Burlington Street to Napoleon Park (approximately 2.50 miles), including improvements to the Burlington Street/Highway 6 intersection. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. All phases of services will include the necessary work for compliance with Surface Transportation Program requirements relative to federal aid funding of construction and the Iowa Department of Transportation Standard Specifications relative to the duties of inspector. Construction Phase ho Preconstruction Conference Schedule and conduct a preconstruction conference with the City, Iowa DOT, utilities, and Contractor. Other City departments affected by the project will also be invited. Preconstruction conference minutes will be recorded and distributed to all invitees by the consultant. Co Conduct meetings, individual or group, with adjoining business owners to inform them of the Contractor's construction schedule and how the construction activities will affect their access and business operations. Construction Staking Storm Sewer - Stakes for storm sewer will be set at each end of storm pipes and for all structures. Retaining Walls - Stakes for retaining walls will be set at a Contractor specified offset distance from the top of wall at 25-foot intervals. Bridge Abutments - Stakes will be set for each bridge abutment. Stakes will be set at a Contractor specified offset distance. 197212-1 1 CONSULTANT AGREEMENT Trail - Stakes will be provided at a Contractor specified offset distance from the centerline of the trail at 50-foot intervals along tangents and at all PC's and PT's of curves. A mid-point of the curve will be staked for the small curves where a stake at the +00 or +50 station would not be appropriate. Stakes will be set at 25-foot intervals for curves where the length of curve is larger than 100 feet. 5. Pavement Removals - Stake and/or mark sidewalk and other paving removal limits. 6. Shive-Hattery is to coordinate with the Contractor when staking is required. Right-of-Way Acquisition - Where right-of-way was acquired in fee, comers will be set in accordance with Iowa Code Chapter 354 upon the completion of construction. Temporary Construction Easement Limits - Staked, painted or otherwise marked for delineation of project limits as per plans. Other miscellaneous items, such as fencing and lighting, as requested by Contractor and approved by City for proper construction of all aspects of this trail project. Review of shop drawings and submittals for: 2. 3. 4. 5. 6. 7. 8. Asphalt mixes. Concrete mixes. Electrical equipment. Concrete retaining walls. Segmental retaining walls. Footbridge construction. Landscaping submittals. Miscellaneous construction. Perform Iowa DOT required construction testing that may include: 2. 3. 4. 5. 6. 7. Wood piling inspection and reports. Subgrade compaction testing and test reports. Backfill compaction testing behind retaining walls and test reports. Rebar inspection for bridge abutments and retaining walls. Concrete testing for bridge abutments and retaining walls. Asphalt testing and reports for trail pavement. Concrete testing and reports for trail pavement. 197212-1 2 Fo CONSULTANT AGREEMENT Construction Inspection and Administration 1. Inspect current work and prepare daily diaries of construction activities. 2. Prepare daily Iowa DOT Bid Item Progress Documentation and Measurement reports. 3. Prepare Iowa DOT Working Day reports. 4. Review and record material inspection reports fi-om Iowa DOT. 5. Prepare Iowa DOT EEO reports. 6. Conduct wage rate interviews and payroll reviews associated with Davis-Bacon wage guidelines. 7. Prepare Iowa DOT Quantity Over/Under-run Statements as necessary. 8. Review and recommend change orders. 9. Review payment applications and provide payment recommendation. 10. Perform prefinal construction inspection and project review and prepare a listing of remaining work items for Contractor completion prior to final review. 11. Perform final review and inspection with Iowa DOT and City representatives. 12. Complete Statement of Completion (Form 830435). 13. Prepare "Disadvantaged Business Enterprise Certificate of Accomplishment" (Form 102116) and submit to Iowa DOT. 14. Prepare "Interest Data Sheet" (Form 830235) and submit to Iowa DOT. 15. Prepare "Final Estimate" (Form 181235) for final payment. 16. Prepare Contractor Evaluation. 17. Prepare Iowa DOT Audit Report 83031. 18. During construction, prepare press releases, notices to affected business owners, and other miscellaneous public relation activities. Press releases are to be reviewed and distributed by the City. 197212-1 3 CONSULTANT AGREEMENT Post-Construction Services Construction Record Drawings Prepare construction record drawings of the project and provide one (1) reproducible set of construction record drawings to the City. Project Close-out Conduct pre-final and final inspections of the project. Collect and process Contractor's close-out documents and recommend acceptance to the City upon completion of the project. C. Iowa DOT Audit Prepare Iowa DOT audit documents and submit for review. TIME AND COMPLETION INFORMATION Based on the construction duration specified in the Bid Documents, the Consultant shall complete services for the Project in accordance with the schedule shown below: Start Construction May 1998 Construction Staking May 1998 Post-construction November 1998 Complete November 1998 November 1998 June 1999 COMPENSATION FOR SERVICES The consultant shall be compensated for the above scope of work utilizing lump sum fees for work that is well defined and on a time and expense basis for tasks where the level &effort is beyond the control of the consultant. Construction staking will be performed on a "one time" basis. Costs for reestablishing stakes are not included. The fees and budgets for time and expense scope of work items are summarized below: Hourly Plus Expense Budgets Construction Phase Services Post-construction Lump Sum Construction Staking Subtotal Subtotal $90,000- 110,000 6,000- 10,000 $96,000- 120,000 $25,000 TOTAL $121,000-145,000 197212-1 4 CONSULTANT AGREEMENT GENERAL TERMS The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity or sexual orientation. go Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to the Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. Go 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. 197212-1 5 CONSULTANT AGREEMENT The Consultant agrees to furnish, upon termination of this Agreement, and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of the Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissioners, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 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. 197212-1 6 CONSULTANT AGREEMENT Co The City will provide the consultant the below listed support or information: 1. Review of submitted documents in a timely basis. FOR THE CITY Title: Mayor Date: June 16, 1998 FOR THE CONSULTANT Phil S. Larsoh,~.E. Title: Project Manager Date: c-~ 197212-1 7 Prepared by: Jim Schoenfelder, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 98-211 RESOLUTION AWARDING ARCHITECTURAL CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO AI-I'EST CONTRACT FOR COMPLETING ARCHITECTURAL SERVICES FOR THE CIVIC CENTER THIRD FLOOR AND POLICE DEPARTMENT SECOND FLOOR EXPANSION PROJECT. WHEREAS, the City has completed architectural design through the design development phase for the expansion of the Civic Center third floor and the Police Department second floor; and WHEREAS, the City wishes to proceed with this project through the remainder of architectural services with the architectural firm of Wehner Pattschull Pfiffner, PC of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign and the City Clerk to attest to a $94,900 professional services contract for the above project, a copy of which is attached, with the architectural firm of Wehner Pattschull Pfiffner, PC of Iowa City, Iowa. Passed and approved this 16th day of June ,1998. Approved by City Attorney's Office It was moved by Thornberry adopted, and upon roll call there were: AYES: X and seconded by NAYS: X pweng/res/dvicctr.doc 0' Donnel 1 the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17t" day of June, 1998, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Wehner Pattschull Pfiffner, PC, hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City seeks to add a third floor to its Civic Center noah addition and to complete the design of the shell of the second floor of the Police Department, and to redesign the areas of Housing and Inspection Services, City Clerk, Human Relations, Document Services, Cable TV, Engineering, and Planning and Community Development, hereinafter referred to as the Project. NOW THEREFORE, it is agreed by and between the parties that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES A. Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. 1. Construction Document Phase Based on the Design Development documents prepared by the Rohrbach Carlson PC dated March 16, 1998 identified as Architects Project Number 9724 and any adjustments in the scope or quality or budget of the Project authorized by the City, the Consultant shall prepare for approval by the City, Construction Documents consisting of drawings and specifications setting forth in complete detail the requirements for the construction of the Project. Drawings shall be completed in electronic format AutoCAD 14 or compatible program approved by the City. All electronic data and data ownership shall be transferred to the City on disks. In addition original plots of all drawings shall be given to the City. c. A hard copy master set of specifications shall be given to the City. d. The Consultant shall prepare a final construction cost estimate. e. The Consultant shall assist the City in preparing and filing of approval documents required of government agencies with authority over the Project. f. Consultant shall provide one rigid mounted set (24" x 36") of colored, with shades and shadows, building elevations for presentation to the City Council. At the end of this phase the contract may be terminated by the City without penalty. Consultant shall proceed to the next phase only with written City approval. Bidding or Negotiation Phase: a. The Consultant shall assist the City in obtaining bids or negotiated proposals for the project which includes but is not limited to holding a prebid conference, preparation and distribution of addenda, responding to contractor inquiries, 2 documentation of plan holders, distribution of plan sets, approval of substitutions, conducting bid opening, providing bid analysis, and providing a recommendation of contract award. b. The Consultant shall assist the City in preparing and awarding the contracts for construction. 3. Construction Contract Administration Phase The Consultant's construction review and inspection responsibilities begin with the City Council award of contract and ends with the final payment 30 days after formal City Council acceptance of work. The Consultant shall visit the site at intervals necessary to become familiar with the progress and quality of work and to determine if the work is being performed in a manner indicating the work is in accordance with the contract documents. From the beginning of footing and foundation construction through the "Certificate of Substantial Completion" site visits shall be no less than twice weekly. c. The Consultant shall not be required to be continuously on site. The Consultant shall as necessary but no less than monthly keep the City informed on the progress and quality of work and endeavor to guard the City against defects and deficiencies in the work. e. The Consultant shall at all times have access to the work in progress, unless specifically denied in writing by the City. f. The Consultant shall review the Contractor's "Application for Payments" and make recommendations on the amounts to be paid. The Consultant shall have authority to reject work that does not conform to the contract documents and with mutual consent of the City may require additional tests and inspections be conducted to insure contract document compliance of questionable components. The Consultant shall prepare and process all required "Field Instructions" and "Change Orders" and review and approve or take other appropriate action on Contractor submittals in a timely manner (ten (10) working days or less) so as not to delay construction. The Consultant shall prepare electronic media "as builts" at the completion of construction and deliver disks to the City at the time of final construction payment. B. The City agrees as follows: 1. The City shall provide information regarding special equipment and system requirements of the Project. 2. The City shall provide an updated budget including construction cost, City costs, and contingencies. 3 The City shall designate a staff representative as the primary contact for the consultant to coordinated any City response required of inquiries by the Consultant. City decisions and responses will be rendered in a timely manner. 4. The City shall furnish all tests, inspections, and reports required by law or the contract documents. The City shall respond in writing if information, surveys, and reports given to the Consultant have questionable reliability, beyond those disclaimers given in such information, surveys, and reports. 6. The City shall promptly in writing inform the Consultant of any Project deficiencies discovered by the City during its normal review of the progress of work. If the City requires certification of any portion of the Project work by the Consultant, the language of such certification shall be submitted to the Consultant for review and mutual approval at least 14 days prior to execution. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with Attachment "A." III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. o To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not 'be greater that the "lump sum" amount listed in Section IV. The City may terminate the Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the Project shall be available by the City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 4 F. It is further agreed that no Party to the Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of the Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitations as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional architect affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction of the Project will be paid by the City. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES A. Scope of services stipulated sum of: $94,900.00 (ninety-four thousand, nine hundred dollars). B. Payments Stipulated Sum. The stipulated sum shall be paid in partial amounts equal to the percentage of progress of work during each design phase. Payments will be made no more than twice monthly according to the City's schedule of check release and paperwork deadline, dates, allowing time for City staff review of payment applications. Reimbursables. The following shall be considered the only reimbursable expenses allowed when directly incurred for work on this Project (payments shall be made on scheduled check release dates as per above as sums accumulate): a. Automobile travel at 32¢ per mile on round trips greater than thirty (30) miles. b. Long distance communications. Go Reproductions of drawings and specifications other than those used for the Consultant's in-house use among employees and subconsultants; and other than one set of review documents for the City. The number and cost of Bid Documents shall be agreed to in writing. Postage and handling of documents other than those used for the Consultant's in-house use among employees and subconsultants; and other than one set of review documents for the City. eo In no case shall reimbursables exceed 3% of the total fee for the scope of services of this agreement (excluding the cost of Bid Documents agreed to in writing). Reimbursable expenses are to be calculated by applying a multiple of 1.0 to expenses incurred by the Consultant, Consultant's employees, and subconsultants. 3. Additional Services Additional services are those Consultant services beyond those described in the scope of services and agreed to in writing by both parties. Payments for additional services, if any, shall be made as incurred and as per City's scheduled check release dates as noted above. Computation for additional Consultant services shall be calculated as follows: a. Principals' time at $96 per hour. b. Employees' time at 2.3 times their standard direct hourly wage. c. Subconsultants at 1.1 times amounts billed the Consultant. C. Should this project continue through any remaining incomplete phases of design and within one (1) year of the signing of this agreement, the Consultant agrees to enter into a new contract for an entire fee (including previously completed design phases) not to exceed 10% of the actual construction costs. If compensation is based on a percentage of construction cost and any portion of the project is not constructed, the Consultant is entitled to compensation for work completed on those portions not constructed based on lowest bona fide bid or the Consultant's most recent construction cost estimate for these portions. The Consultant's construction cost estimate shall be the total of all components of project designed and specified by the Consultant. The construction cost estimate for determining compensation shall not include elements designed and specified by the City, compensation of the Consultant and their subconsultants, contingencies, land costs, or other City services costs or fees. E. The City recognizes for budgeting purposes the Consultant cannot warrant or represent that actual bids or negotiated prices will not vary from the City's project budget construction cost estimates. F. The Consultant's records for the preparation of fees pertaining to the Project shall be available to the City or City's authorized representative at mutually convenient times. 6 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Architectural 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. C. The Consultant may use exterior and interior photographs, drawings, and renderings of this project in the Consultant's promotional materials. D. The Consultant shall carry a minimum $500,000.00 professional liability insurance during and for a period of two years following Council acceptance of this proje(Jt. E. Nothing contained in this agreement shall create a contractual relationship with or cause of action in favor of a third party against either the City or the Consultant. The Consultant shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous or toxic substances which existed on site previous to this agreement, or prior to discovery of such materials. Go In an effort to resolve any conflicts that arise during the design and construction of the project or following the completion of the project the City and Consultant agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The City and Consultant further agree to include a similar mediation provision in all agreements with contractors and consultants retained for this project and to require all contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers, or fabricators so retained, thereby providing for mediation as the primary method of dispute resolution between parties to those agreements. FOR THE CONSULTANT Title: Mayor Title: Principal Date: ,lunp 1F;, lqqR Date: Attest: /~~,..~.> ~2. Approved by: City Attorney's Office Date: ~,/,~¢ pweng/agUcivicct2.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of June, 1998, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Wehner Pattschull PC, hereinafter referred to as the Consultant. WHEREAS, the of Iowa City seeks to add a third floor to its Civic Center north addition and to complete the ;ign of the shell of the second floor of the Police De and to redesign the area., Housing and Inspection Services, City Clerk, Relations, Document Services, TV, Engineering, and Planning and Development, hereinafter referred to he Project. NOW THEREFORE, it is a with the Consultant to by and between the parties tha ,ervices as set forth herein. City does now contract I. SCOPE OF SERVICES A. Consultant agrees to and satisfactory manner. :he following the City, and to do so in a timely 1. Construction Document Ph Based on the Design documents prepared by the Rohrbach Carlson PC dated March 16, 1 ed as Architects Project Number 9724 and any adjustments in the or quality or budget of the Project authorized by the City, the Consultant )are for approval by the City, Construction Documents consisting of d specifications setting forth in complete detail the requirements for construe of the Project. Drawings shall be com program approved by transferred to the given to the City. in City. All disks. In addition format AutoCAD 14 or compatible data and data owne;~hip shall be ]inal plots of all drawings shall be c. A hard copy set of specifications shall be ~,en to the City. d. The C(~nsult I prepare a final construction co,estimate. e. The ConsultCt shall assist the City in preparing and fil~ng of approval documents required of/~overnment agencies with authority over th~,Project. f. Consultar),t shall provide one rigid mounted set (24" k~ 36") of colored, with shades/~hd shadows, building elevations for presentation ~ the City Council. g. At the/end of this phase the contract may be terminated by the City without penal~. Consultant shall proceed to the next phase only with written City appr~rval. Bidding 6r, Negotiation Phase: The Consultant shall assist the City in obtaining bids or negotiated proposals for the project which includes but is not limited to holding a prebid conference, preparation and distribution of addenda, responding to contractor inquiries, 2 documentation of plan holders, distribution of plan sets, approval of substitutions, conducting bid opening, providing bid analysis, and providing a recommendation of contract award. b. The Consultant shall assist the City in preparing and awarding the contracts for construction. 3. Construction Contract Administration Phase The Consultant's construction review and inspection responsibilities begin with the City Council award of contract and ends with the final payment 30 days after formal City Council acceptance of work. The Consultant shall visit t site at intervals necessary to be, familiar with the progress and quality of ,rk and to determine if the being performed in a manner indicating the is in accordance with th< documents. From the beginning of g and foundation ~ction through the "Certificate of Substantial Com etion" site visit~ sh be no less than twice weekly. c. The Consultant shall not be re( be contin on site. The Consultant shall as necessary informed on the progress and quality against defects and deficiencies in the wo than monthly keep the City and endeavor to guard the City e. The Consultant shall at all times hav, specifically denied in writing by the C ;s to the work in progress, unless f. The Consultant shall review the make recommendations on the to be pa )lication for Payments" and The Consultant shall have au contract documents and tests and inspections be questionable components. to reject mutual consent of the to insure does not conform to the may require additional document compliance of The Consultant shall p~ "Change Orders" and Contractor submittals not to delay The Consultant construction and payment. and process all required Instructions" and ,view and approve or take other ppropriate action on a timely manner (ten (10) ~ys or less) so as prepare electronic media "as builts" at ~e completion of disks to the City at the time of final construction B. The City agrees as foil 1. The City shall 'ovide information regarding special equipment and system requirements of Project. 2. The City shall provide an updated budget including construction cost, City costs, and contingencies. The City shall designate a staff representative as the primary contact for the consultant to coordinated any City response required of inquiries by the Consultant. City decisions and responses will be rendered in a timely manner. 4. The City shall furnish all tests, inspections, and reports required by law or the contract documents. The City shall respond in writing if information, surveys, and reports given to the Consultant have questionable reliability, beyond those disclaimers given in such information, surveys, and reports. 6. The City shall promptly in writing nform the Consultant of any Proj~ ' deficiencies discovered by the City during its n~ review of the progress 7. If the City requires certification of an' of the Project by the Consultant, the language of such certification shall submitted to the for review and mutual approval at least 14 days prior xecution. II. TIME OF COMPLETION The Consultant shall complete the following Attachment "A." Project in accordance with III. GENERAL TERMS A. The Consultant shall not commit any of the to prohibit the following practices in any sub( oyment practices and agrees Bo 1. To discharge or refuse to hire any ir ¢idual because o~their race, color, religion, sex, national origin, disability, age marital status, ge'~der identity, or sexual orientation. / 2. To discriminate against any i~divi al in terms, conditio'l~s, or privileges of employment because of their ra/~e, color, religion, sex, national Or~igin, disability, age, marital status, gender identity/~/br sexual orientation. Should the City terminate this ~)/greement, the Consultant shall be paid 'f~r all work and services performed up to the ftime of termination. However, such sumS, shall not be greater that the "lump sum" mount listed in Section IV. The_City may ti~,rminate the Agreement upon seven (7) days' written notice to the Consultant. C. This Agreement shall be bi upon the successors and assigns of the parties hereto, provided that no assk ~nt shall be without the written consent of all Parties to said Agreement. D. It is understood and atreed that the retention of the Consultant by the City for the purpose of the Project ~hall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the Project shall be available by the City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 4 F. It is further agreed that no Party to the Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of the Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitations as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with t~e seal of a professional architect affixed thereto or such seal as required by Iowa law." The City agrees to tender the taht all fees in a timely man excepting, however, that failure of the Consultant satisfactorily perform in with this Agreement shall constitute grounds ~e City to withhold pay~ of the amount sufficient to properly complete the Project accordance with this reement. Should any section of this Agreement be portion shall be deemed severable from the effect. ~d invalid, it lid portior reed that the remaining continue in full force and L. Original contract drawings become the property allowed to keep mylar reproducible copies for the City. The Consultant shall be ~sultant's own filing use. M. Fees paid for securing approval of authoriti, ;diction of the Project will be paid by the City. N. Upon signing this Agreement, acknowledges tkat Section 362.5 of the Iowa Code prohibits a City officer or emp from having an ir~erest in a contract with the City, and certifies that no employe~Z~)r officer of the City, whi~th includes members of the City Council and City boards anc~'co-n'nissions, has an interest, either direct or indirect, in this agreement that does n/tit fall within the exceptions to, said statutory provision enumerated in Section 362.5/ ~, IV. COMPENSATION FOR SE/ES ~ A. Scope of services sti~lated sum of: $94,900.00 (ninety-four tho~,sand, nine hundred dollars). / ~ B. Payments / ~, 1. Stipulated ~um. The stipulated sum shall be paid in partial amo0ots equal to the percentage(of progress of work during each desig, n phase. Payments will be made no more tha"n twice monthly according to the City s schedule of check release and paperwork deadline, dates, allowing time for City staff review of payment applications. Reimbursables. The following shall be considered the only reimbursable expenses allowed when directly incurred for work on this Project (payments shall be made on scheduled check release dates as per above as sums accumulate): a. Automobile travel at 32¢ per mile on round trips greater than thirty (30) miles. b. Long distance communications. Reproductions of drawings and specifications other than those used for the Consultant's in-house use among employees and subconsultants; and other than one set of review documents for the City. The number and cost of Bid Documents shall be agreed to in writing. Postage and handling of documents other than those used for the Consultant's in-house use among employees and subconsultants; and than one set of review documents for the City. In no case shall reimbursables exceed 3% of the services of this agreement (excluding the cost of Bi¢ writing). Reimbursable expens~ are to be calculated by expenses incurred by the Consultant, C( subconsultants. fee for the scope of agreed to in a multiple of 1.0 to employees, and 3. Additional Services Additional services are scope of services and a services, if any, shall be ma release dates as noted above. be calculated as follows: Consultant servi( beyond those described in the in writing by parties. Payments for additional as incurred and as per City's scheduled check omputation additional Consultant services shall a. Principals' time at $96 per hoL b. Employees' time at 2.3 times th, c. Subconsultants at 1.1 time., standard direct hourly wage· billed the Consultant· Should this project continue within one (1) year of the sic a new contract for an enti~ exceed 10% of the actual any ng of this a (including costs. · ' incomplete phases of design and the Consu;,'.ant agrees to enter into iously completed design phases) not to If compensation is on a percentage of project is not the Consultant is on those portions constructed based on most recent con cost estimate for these cost estimate be the total of all components of the Consultar The construction cost estimate for include and their s cost and any portion of the compensation for work completed bona fide bid or the Ccnsultant's ~ns. The Consultant's construction 'ect designed and specified by · ' compensation shall not designed and specified by the City, ;ation of the Consultant ~consultants, contingencies, land costs, or City services costs or fees. E. The .nizes for budgeting purposes the Consultant ~nnot warrant or represent that a bids or negotiated prices will not vary from he City's project budget cons1 cost estimates. F. The Consultant's records for the preparation of fees pertaining io the Project shall be available to the City or City's authorized representative at mutually convenient times. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Architectural 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. C. The Consultant may use exterior and interior photographs, drawings, and renderings of this project in the Consultant's promotional materials. D. The Consultant shall carry a minimum $500,000.00 professional liability insurance during and for a period of two years following Council acceptance of this project. E. Nothing contained in this agreement shall create a contractual relationship with or cause of action in favor of a third party. against either the City or the Consultant. F. The Consultant shall have lno responsibility for the discovery, presence, handling, removal, or disposal of or ext~osure of persons to hazardous or toxic substance§ which existed on site previous to thi~k~greement, or prior to discovery of such ma/te~als. / G. In an effort to resolve any confii~s that arise during the design ar~,d."co ~struction of the project or following the completior~o_f the project the City and ~sult~ ~t agree that all disputes between them arising out O,f or relating to this agre~ shall be submitted to nonbinding mediation unless the part?e~ mutually agree ot H. The City and Consultant further a include mediation provision in all agreements with contractors and for this project and to require all contractors and consultants also to similar mediation provision in all agreements with subcontractors, subconsu ts, suppliers, or fabricators so retained, thereby providing for mediation as the method of dispute resolution between parties to those agreements. FOR THE Y By: 'HE CONSULTANT Title: Date: Attest: ~ Approved by: City AttorneYs O~ Date: ~/,~* pwen g/agt/civicct2 .doc Title: Date: Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 98- 212 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY99 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1997), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights, and WHEREAS, the parties have negotiated a contract for transit service in FY99 at a rate of $27,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The FY99 agreement between the City of Iowa City and the City of University Heights for transit service is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa and the Johnson County Recorder, as required by Iowa Code, Section 28E Passed and approved this 16th A'I-rEST: CITY LE~LE~K~RK day of ,June ,1998. Approvg, d by . City Attomey's Office It was moved by Thornberry and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: X NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry \/~nr'l~rhn¢~f Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 98-I I RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY99 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1997), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights, and WHEREAS, the parties have negotiated a contract for transit service in FY99 at a rate of $27,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the FY99 28E Agreement between the City of University Heights and the City of Iowa City for transit service. It was moved by......~Z)~¢_ <;' and seconded by ~ [-1_.~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this From Gay Jacobson Jones Marin day of '-~T'u~ vl~, ,1998. Mayor, Donald S. Swanson City Clerk, Patricia Birk jcx~og~r~sfou~2Beuh,doc Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 FY99 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this //~ day of ~_z~ ,1998, by and between the City of Iowa City, Iowa and the City of Univ6rsity Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: I Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. /l Duration The term of this agreement shall commence July 1, 1998, and continue through and including June 30, 1999. On the mutual agreement of the parties, this agreement may be extended for a one-year renewal term commencing July 1, 1999, through and including June 30, 2000. //l Term/nat/on This agreement may be terminated upon thirty calendar days written notice by either party. IV. Compensation The City of University Heights agrees to pay $27,500 for the provision of public transit service as herein described during FY99. Payment shall be made in twelve monthly payments of $2,300 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28~ Code of lowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY Attest: City Attorney's Office CITY OF UNIVERSITY HEIGHTS Donald S. Swanson, Mayor Attest: Patricia Birk, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '~. da, y of ~',.-~ _ , 19~ 3 , before me, ~.~.', ~ ~,. ~l', ~,~,-.~ ~, , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly swom, 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, a~o..~ained in (Ordinanco) (Resolution) No. ~ ~: ~ 2. [ ~.. ~ passed by the City Council, on the day of ~-------'~,.,,w-~ , 19 5 % , and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notar'~'-Pu~lic in and for the State of. Iowa '~',~ ~---~ '~,~.~ '. ~ o,- E_v._~,,~-~ On this (:~-- da of ~,v~' , 19~'~', before me, '~c'~'o¢,,~ ~'_. ;'4.,~ [{c~ ,a Nota~ Public in and for~e S~te of Iowa, pemonally appeared Donald S. Swanson and Patdcia Birk, to me pemonally known, and, who, being by me duly sworn, did say that they am the Mayor and Ci~ Cle~, respectively, of the Ci~ of Univemi~ Heights, Iowa; that the seal affixed to the foregoing instrument is the ~orate seal of the ~oration, and that the instrument was signed and sealed on behalf of the ~omtion, by authod~ of its Ci~ Coundl, ~ntained i~ (C. 7..~) (Resolution) No. ~-~ ~ passed by ~e Ci~ Council, on the oay or ~ )~ ~ , 19 ~ , and ~at Donald S. Swanson and Patricia Birk acknowledged the execution of ~e instrument to be their volunta~ act and deed and the volun~ act and deed of the ~rporation, by it voluntarily executed. ~ ~~ ~IRES ~ ~' NSta~ Public in and for the State of Iowa PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 June 25, 1998 Marian Karr City Clerk 410 E Washington St Iowa City, IA 52240-1826 RE: Filing of 28E .Agreement between the CSty of Iowa City and the City of University Heights Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of June 25, 1998. Sincerely, Paul D. Pate Secretary of State PDP/skr Enclosures Prepared by: Linda Severson, Human Services Coord., 410 E. Washington St., Iowa City, IA 52240 319-356-5242 RESOLUTION NO. 98-213 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS ($36,000); CRISIS CENTER ($37,254); DOMESTIC VIOLENCE INTERVENTION PROGRAM ($50,000); EMERGENCY HOUSING PROJECT ($9,000); FREE MEDICAL CLINIC ($5,700); HAWKEYE AREA COMMUNITY ACTION PROGRAM ($7,626); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($10,000); MAYOR'S YOUTH EMPLOYMENT ($38,000); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($54,844); RAPE VICTIM ADVOCACY PROGRAM ($13,000); AMERICAN RED CROSS ($4,977); AND UNITED ACTION FOR YOUTH ($38,300). WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Free Medical Clinic; Hawkeye Area Community Action Program; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreements between the City of Iowa City and Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Free Medical Clinic; Hawkeye Area Community Action Program; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth, copies of which are filed in the Office of the Human Services Coordinator, are hereby approved. 2. The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this ].6th day of 0une , 1998.~/ CITY-CLERK Approved by City Attorney's Offic~ jccoghs\fund2.res Resolution No. 98-213 Page 2 It was moved by ThnrnhPrry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 RESOLUTION CITY, IOWA, FUNDING BY MAYOR TO BROTHERS AND DOMESTIC HOUSING AREA COMMUNITY RESOURCES AND ($38,000); RAPE VICTIM ADVO¢ ($4,977); AND UNITED RESOLUTION NO. ~PPROVlNG AN AGREEMENT BETWEEN THE/CITY OF IOWA aND THE FOLLOWING AGENCIES FO~'/AID-TO-AGENCY E CITY OF IOWA CITY, IOWA, ITHORIZlNG THE UTE AND THE CITY CLERK TO A THE SAME: BIG SISTERS ($36,000); CRI :E INTERVENTION PROGRA $9,000); FREE MEDICAL ;TION PROGRAM ($7. ($10,000); OD CENTERS PROGRAM ION FOR CENTER ($37,254); ($50,000); EMERGENCY ($5,700); HAWKEYE IOWA CENTER FOR AIDS S YOUTH EMPLOYMENT JOHNSON COUNTY ($54,844); AMERICAN RED CROSS ($38,300). WHEREAS, the City Council of Iowa support its residents; and deems it in the public interest to assist and WHEREAS, the City Council of Iowa support in the Iowa City community; Iowa, recognizes the need for human service WHEREAS, the City of Iowa City, I( has ne ~ted funding agreements with Big Brothers and Big Sisters; the Crisis Center; Domestic ~ce Intervention Program; the Emergency Housing Project; Free Medical Cli~ c; Hawkeye Area immunity Action Program; Iowa Center for AIDS Resources and Educa' Mayor's Youth ,ment; Neighborhood Centers of Johnson County; Rape Victim Jvocacy Program; an Red Cross; and United Action for Youth. NOW, THEREFORE, BE IT R IOWA, THAT: BY THE CITY IL OF THE CITY OF IOWA CITY, The Funding Agr. between the City of Iowa (~ty and Big Brothers and Big Sisters; the (: 'isis~ '; the Domestic Violence Intervention Program; the Emergency Housing Project;//Free Medical Clinic; Hawkeye Area Comr~unity Action Program; Iowa Center for AIDS/Resources and Education; Mayor's Youth E~mployment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program,~American Red Cross; and United Action for Youth, copies of which are filed in the OffiCe of the City Clerk, are hereby approv de~ The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. Resolution No. Page 2 Passed and approved this day of MAYORX ATTEST: CITY CLERK \\ It was moved by and\~seconded by adopted, and upon roll call th/~e were: jccoghs\fund2.res 998. Approved by the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Linda Severson, Human Services Coord., 410 E. Washington, Iowa City, IA 52240 319-356-5242 RESOLUTION NO. 98-214 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: ELDERLY SERVICES ($58,500); MID-EASTERN COUNCIL ON CHEMICAL ABUSE ($26,800); AND UNITED ACTION FOR YOUTH ($19,700); WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston-Gonzales National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City Council of Iowa City, Iowa recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into such contracts and agreements. WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements for use of part of such funds with Elderly Services, Mid-Eastern Council on Chemical Abuse, and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Funding Agreements between the City of Iowa City and Elderly Services, Mid- Eastern Council on Chemical Abuse, and United Action for Youth, copies of which are filed in the Office of the Human Services Coordinator, are hereby approved. The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 16th ATTEST: h<;2.,~.,,~..~ ~ ~. CITY'C:,LERK jccoghs~fund3.res day of Approved by City Attorney's Offic~ Resolution No. 98-214 Page 2 It was moved by Thornber~'y and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington (319) 356-5242 City, IA 52240 RESOLUTION NO. CITY CITY CITY EASTERN FOR YOUTH ($ )N APPROVING AN AGREEMENT BETWI THE CITY OF IOWA WA, AND THE FOLLOWING AGENCIES FEDERAL COMMUNITY BLOCK GRANT (CDBG) FUNDI BY THE CITY OF IOWA AND AUTHORIZING THE CITY TO EXECUTE AND THE rO ATTEST THE SAME: SERVICES ($58,500); MID- JClL ON CHEMICAL ABUS[ 26,800); AND UNITED ACTION 700); WHEREAS, the City support its residents; and )f Iowa City, Io deems it in the public interest to assist and WHEREAS, the City of Iowa Cit, Housing and Urban Develol Development Act of 1 974, as amend National Affordable Housing Act )ient of funds granted by the U.S. Department of under Title I of the Housing and Community Law 93-383) and under the Cranston-Gonzales .aw 101-625); and WHEREAS, the City Council of in the Iowa City community; City, recognizes the need for human service support WHEREAS, the City of Iov~a City, Iowa, is em by the State law to enter into such contracts and agreementS. WHEREAS, the City of/~oowa City, Iowa has neg :unding agreements for use of part of such funds with Elder/Yy Services, Mid-Eastern Council c~Chemical Abuse, and United Action ,o out . /\ 1. The F/nding Agreements between the City of Iowa City~and Elderly Services, Mid- Eastern C~ncil on Chemical Abuse, and United Action for Youth, copies of which are file~in the Office of the C~ty ~ork, are hereby approved. 2. The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. Resolution No. Page 2 Passed and approved this ATTEST: CITY CLERK day of MAYOR Approved by City Attorney s ~ff~ce It was moved by adopted, and upon roll call there AYES: ;econded by N ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be jccoghs\fund3.res Prepared by: Ron O'Neil, Airport Mgr., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5045 RESOLUTION NO. 98-215 RESOLUTION AUTHORIZING FUNDING FOR THE AIRPORT COMMISSION TO PROCEED WITH THE DEVELOPMENT OF PLANS, SPECIFICATIONS AND FORM OF CONTRACT FOR CONSTRUCTION OF A 120' X 120' AIRCRAFT HANGAR BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, it is the intent of the Iowa City Airport Commission to provide adequate space to accommodate Iowa City Flying Service, a fixed base operator, at the Iowa City Municipal Airport; and, WHEREAS, a new 120' by 120' hangar would provide replacement space for two hangars that will need to be replaced in the near future; and, WHEREAS, Iowa City Flying Service and the Airport Commission are negotiating a lease that would have Iowa City Flying Service pay for the building during the life of the lease; and, WHEREAS, the cost of the approximately $ 500,000.00 project would be financed through an internal departmental loan, to be repaid through hangar rental fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the use of city funds to pay for the development of plans, specifications, and form of contract for construction of a 120' by 120' aircraft hangar building at the Iowa City Municipal Airport is hereby approved. Passed and approved this 16th CITY CLERK day of ,June ,1998. City AttOrney s Office It was moved by Thornberry adopted, and upon roll call there were: AYES: X X X X X X and seconded by NAYS: O'Donnell the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef IOWA 1801 CITY MUNICIPAL AIRPORT South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 Memorandum To: City Council From: Ron O'Neil, Airport Manager ~o.- ©, Date: June 12, 1998 Re: Corporate hangar building In an effort to meet future needs, the Airport Commission, in cooperation with Iowa City Flying Service, would like to proceed with building a 120' by 120' hangar building. The building would be located south of the Airport Terminal. The current shop building, northeast of the Airport Terminal, is in need of major repair. It's size is no longer adequate to meet the needs of ICFS. The Commission has budgeted in FY 98 to put a new roof on the building. Alter additional inspections of the building, it was decided that to preserve the building would also require new siding, doors, and windows. The total bill for the renovation would be about $100,000.00. The Commission thought it would make more sense to invest in a new building than try to rehab an outdated building. Another building leased by ICFS is the United hangar. If this building is to be kept for future use, it will also need a new roof. No money was budgeted for this building because it is scheduled to be moved or demolished as part of the Master Plan. Replacement space will need to be provided. As you may know, Iowa City Flying Service is now under new ownership. The owners would like to see some improvements at the Airport and are willing to invest money in the infrastructure to assist in seeing some changes happen. We have been negotiating with ICFS on a number of issues, including this new hangar building, the Airport Terminal, and a new fuel farm. If the Council approves the loan to the Commission, a lease will be negotiated with ICFS that will pay for the building over the life of the lease. The hangar lease will be separate from the FBO lease that ends in December 2001. ICFS may also invest in finishing the interior of the office space that would be attached to the proposed hangar. Don Yucuis is calculating an appropriate lease payment schedule for the hangar. The project is estimated to cost $ 500,000.00. If financing is approved and an agreement is reached with ICFS, proposals for the hangar would be advertised in the next few weeks, with construction anticipated beginning in October or November. This hangar is not eligible for any state or federal funding. It is part of the Airport Master Plan. Prepared by: Cathy Eisenhofer, Purchasing Agent, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5075 RESOLUTION NO. 98-216 RESOLUTION AUTHORIZING RENEWAL OF A CHAPTER 28E AGREEMENT FOR RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE UNIVERSITY OF IOWA. WHEREAS, the City of Iowa City (Iowa City) is a municipal corporation, with authority to enter into an agreement with other agencies, whether public or private, to carry out the City's governmental duties, as provided in Chapter 28E, Code of Iowa (1997); and WHEREAS, the City purchased an eight hundred (800 MHz) radio trunking system ("System"), with sufficient capacity to allow the University to participate in the use of the system as agreed by both Parties; and WHEREAS, it is in the best interests of both Parties to share communications systems whenever possible, for the mutual benefit of the citizens of the City of Iowa City, and also the students, staff, and visitors of the University of Iowa; and WHEREAS, the City and the University have a Chapter 28E Agreement for radio communications which, by its terms, expired on August 1, 1997, and the parties desire to renew said agreement on substantially the same terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the Agreement with the State University of Iowa, attached hereto and incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa· The City Clerk is hereby authorized to record a certified copy of this Resolution, with the Agreement attached in the Secretary of State's office for the State of Iowa, and also in the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa (1997). 3. The City Clerk is hereby directed to forward a copy of the returned, recorded resolution and agreement to the State University of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this 16th day of ATTEST:Ci~E~Z~.~RK ~. June ,1998. 0 0 0 3 '~ Attomey's Office Resolution No. 98-216 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X the Resolution be Champion Kubby Lehman ' Norton O'Donnell Thornberry Vanderhoef 000325 CHAPTER 28E AGREEMENT FOR RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE UNIVERSITY OF IOWA This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the State University of Iowa, located in Johnson County, Iowa ("University"), sometimes collectively referred to as "Parties." ' WHEREAS, the University and City both provide services requiring routine as well as emergency radio communications to City residents and to the students, staff, and visitors of the University of Iowa; and WHEREAS, it is mutually beneficial to both parties to have access to public safety facilities, as well as to routine communications facilities which serve both Parties; and WHEREAS, it is mutually beneficial for both the City and the University to cooperate, and to work closely with one another in the area of radio communications; and WHEREAS, it is in the best interest of both Parties to share communications systems whenever possible, for the mutual benefit of the citizens of the City of Iowa City, and also the students, staff, and visitors of the University of Iowa; and WHEREAS, Chapter 28E, Code of Iowa (1997) permits state and local governments to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. 0003; 6 -2- NOW, THEREFORE, in consideration of their mutual promises herein, the University and the City of Iowa City agree as follows: 1. University acknowledges the City purchased an eight hundred (800 MHz) radio trunking system ("System"), with sufficient capacity to allow the University to participate in the use of the system. ' 2. To that end, the City and University agree more specifically as follows: a) The City shall allow the University to use a number of talk groups (a line of communications shared by a distinct group of radio units) as agreed to by both Parties for use by .the University. b) The University will purchase all equipment needed by the University, and the University agrees to maintain any and all equipment so purchased by the University pursuant to this Agreement. c) The City agrees to maintain the 800 MHz trunking radio equipment system which is the subject of this Agreement, and to do so adequately and responsibly. d) Parties agree that the University's cost for use of the 800 MHz trunking radio equipment system will be determined in September of each year, for implementation the following August of each year, and City agrees to submit a "user fee" billing to University, to be paid within 60 calendar days of the date of the billing. 0003 2 -3- e) University agrees to pay said user fee of $1 10/radio unit/year billing on August 1 annually of each year to the City, within the time set forth above, and will also pay the proper amounts billed for any additional radio units added to the University system during the year, which University agrees to pay on a pro-rated basis, with payment also due on September 1 of each year. ' The annual user fee may be increased, but not decreased, dudng the extended term by an amount not to exceed the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for All Items and Mean Groups Figures for All Urban Consumers July 1997, over the figures for the month of July 1996. f) Parties agree this Agreement shall be for a period of one (1) year continuing from August 1, 1997, and that this Agreement shall be auto- matically renewed for additional periods of one (1) year each, on the same terms and conditions herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days pdor to August 1 of each successive year. However, this Agreement shall not extend beyond August 1, 2002, without review and re-execution of a new agreement, together with re-recording of said updated agreement. g) Parties agree this Agreement is not assignable. 3. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (1997); and that this agreement, as such, will renew only upon execution by the City Council of the City of Iowa City and The University of Iowa, and further upon 0003 8 filing with the Secretary of State of the State of Iowa, tcx:.:jether with this Agreement being duly recorded with the Johnson County Recorder's Office, Johnson County, Iowa. Dated this / ~, t'//day of '5"t,u~ e.__ ,1998. THE CITY OF .IOWA CITY, IOWA THE UNIVERSITY OF IOWA B:~: usiness Manager an ";'~ ) ~ ~ A.est: ~C:X,, ~)~-. ~ Attest: Man~-k. Karr, City Clerk City Attorney's Office CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this / G -- day of .3 ~,~ F__ 19 ~ ~ , before me, the undersigned, a Notary Public in and for the State of Iowa, personaEly appeared Emest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ~'- z ~, passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the ,,'4 ~ day of ~,~f-_ 19 ~ ~' , and that Emest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. NOTAF t L SEAL Notary Public in and for the State of Iowa OOOSg -5- U N IVERS ITY ACKNOWLEDGEM ENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this tO-~cF~ day of '~t,~-v,,-P,... , 19 O-t'8 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael J. Finnegan, to me personally known, who, being by me duly swom, did say that he is the University Business Manager, that he has authority to act and is acting on behalf of the University of Iowa, as provided by the State Board of Regents, and that as such he did execute 'the foregoing instrument as the voluntary act and deed of the 'University of Iowa, for and on behalf of the State of Iowa Board of Regents.  -~o,, a~ 'c~of iowa Notary Public in f ~npurdVagt/radiocorn.doc LisaJ. Krause Notary Pubfro - STATE OF I(:)NVA My CeTmtbsbn ~ Oclober13, 20 00 000330 PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 July 13, 1998 Marian Karr City of Iowa City 410 E Washington St Iowa City, Ia 52240-1826 RE: Filing of 28E Agreement between the The City of Iowa City and the University of Iowa Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of July 13, 1998. Sincerely, Paul D. Pate Secretary of State PDP/pak Enclosures Prepared by: Terry Trueblood, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 98-217 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 THE DUNBAR/JONES PARTNERSHIP, TO PROVIDE CONSULTANT SERVICES FOR THE EXPANSION OF OAKLAND CEMETERY. WHEREAS, the City of Iowa City is running out of burial spaces at Oakland Cemetery to sell to the general public; and WHEREAS, the completion of phase one of said project will provide an expansion to accommodate 50 to 60 years of burial space sales; and WHEREAS, an Agreement for professional consultant services has been negotiated with and executed by the Dunbar/Jones Partnership of Des Moines, Iowa; and WHEREAS, the City Council has been advised and does believe it would be in the best interest of the City of Iowa City to execute and enter into said Agreement with the Dunbar/Jones Partnership. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement a copy of which is attached, for and on behalf of the City of Iowa City, Iowa. Passed and approved this 16th day of June ,1998. Approved by City Attorney's Office It was moved by Norton and upon roll call there were: and seconded by 0'Donnell the Resolution be adopted, AYES: X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, entered into this /[~ ~ day of "3 ~.~ e~ by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and the Dunbar/Jones Partnership, of Des Moines, Iowa, hereinafter referred to as the Consultant. WHEREAS the City desires construction documents for Area 1 of the Oakland Cemetery Expansion to be prepared and WHEREAS the Consultant has agreed to provide services related to conducting a topographic survey, preparing a soils report, preparing a preliminary grading plan, preparing construction documents, preparing bid documents and administering the contract for Area 1 of the Oakland Cemetery Expansion. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide the services set forth herein. I. SCOPE OF SERVICES Consultant shall complete the following services for the City, and to do so in a timely and satisfactory manner. TASK 1 Topographic Survey Included as part of the topo survey are the following items: A. Mark clearing limits from scaling existing plan drawing and fitting with existing features on the ground. B. Run State Plane Coordinate traverse and level loop to site from nearest existing control points. C. Field survey trees/other features after selective clearing and grubbing is complete. City will determine and mark trees to remain ff possible. Merge field survey data with city mapping file to create a base map. It has been assumed that the City has access to an aerial survey of the site that will be used for this mapping. with a surveying and Do The Consultant will subcontract engineering firm for this work. TASK 2 Soil Borings and Report Provide soil borings and report to ascertain subsurface information to assist in determining proper grade, compaction and structural requirements for final design. The Consultant will subcontract with a soils report and analysis firm for this work. Oakland Cemetery Phase 1 Construction Documents Contract 2 TASK 3 Project Overview Meet with City staff to define specific progr_~mming requirements for the project. The Consultant will subcontract with a Cemetery Consultant who will attend and provide input at this meeting. TASK 4 Preliminary Grading Plan Based on the site survey and soils report, prepare a preliminary grading plan for the site. This plan will be used to achieve a grading cut and t~]! balance and to determine utility and dr,inage requirements for future phases. Design to be consistent with City's grading and sensitive areas ordinances. TASK 5 Phase 1 Construction Documents Based on the approved Programming and Prehminary Grading Plan, prepare plans, specifications, and cost estimates for bidding Phase I of the Oakland Cemetery Expansion Project. Prior to bidding, submit documents and cost estimates to the City for approval. The Cemetery Consultant will review and provide input in this process. Structural engineering will be provided as necessary in this phase of the work. TASK 6 Bidding The Consultant shall be available to answer questions during the bidding of the project, conduct a pre-bid conference ff needed, issue addenda ff necessary, and attend the bid opening. The Consultant will prepare a bid tabulation form, analyze the bids for completeness and accuracy, and make a recommendation to the City. TASK 7 Construction Administration During construction provide assistance to the City when questions arise and ensure the work is in compliance with the contract documents. Site visits, shop drawing approval, and other tasks will be performed as part of this work. The Cemetery Consultant will visit the site once during construction to assist in providing technical advice to the City. Consultant will provide a reproducible set of as-built drawings. II. TIME OF COMPLETION The Consultant shall complete services outlined in paragraph I, Tasks 1 through Task 5 by October 31, 1998. The remaining tasks shall be completed as they progress in the construction process. Oakland Cemetery Phase 1 Construction Documents Contract 3 III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following in subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. So Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed to the date of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. Co This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment sh~l! be without written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the Project shall be available by said City upon reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. Fo It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered Oakland Cemetery Phase I Construction Documents Contract 4 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 landscape architect nffixed thereto or such seal where required by Iowa law. The City Agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Me No Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. Upon signing this Agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Councfi and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES Fees for services outlined in paragraphs 1.1 through 1.7 shall be billed monthly for actual expenses to a maximum not to exceed amount of $55,250.00 based upon the following breakdown. Task i Topographic Survey (subconsultant) $4,500.00 Task 2 Soil Borings and Report (subconsultant) $2,750.00 Task 3 Project Overview $3,000.00 subconsultant Task 4 Preliminary Grading Plan $4,500.00 Task 5 Phase 1 Construction Documents $30,750.00 cemetery subconsultant structural subconsultant Task 6 Bidding $1,000.00 Task 7 Construction Administration $8,750.00 $2,650.00 $4,000.00 $4,500.00 Oakland Cemete~ Phase I Construction Documents Contract 5 MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Landscape Architecture Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY FOR THE CONSULTANT Title: Mayor Title: ~~.~_. Date: June 16, 1998 Date: Approved by: City Attorney's Office Date Oakland Cemetery Phase I Construction Documents Contract 6 Prepared by: Terry Trueblood, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 98-218 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 PIERCE KING ARCHITECTS, TO PROVIDE ARCHITECTURAL CONSULTANT SERVICES FOR THE CONSTRUCTION OF THE PARK MAINTENANCE/OFFICE BUILDING IN NAPOLEON PARK. WHEREAS, the City of Iowa City's Parks maintenance shop is in need of replacement; and WHEREAS, the completion of said project will provide an expanded, more functional facility and will allow for the relocation of Forestry Division operations; and WHEREAS, an Agreement for professional architectural services has been negotiated with and executed by Pierce King Architects, of Iowa City, Iowa; and WHEREAS, the City Council has been advised and does believe it would be in the best interest of the City of Iowa City to execute and enter into said Agreement with Pierce King Architects. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement a copy of which is attached, for and on behalf of the City of Iowa City, Iowa. Passed and approved this ].6th day of ,]une, ,1998. Approved by City Attomey's Office It was moved by Thornberry and upon roll call there were: and seconded by Vanderhoef the Resolution be adopted, AYES: X X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ~(~c-~day of ,_ ~,~ ~E~ , 1998, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Pierce King Architect & Associates, P.C., hereinafter referred to as the Architect or Consultant. WHEREAS, the City intends to construct a 75 by 150 foot pre-engineered office/maintenance building, hereinafter referred to as the Project, for the Iowa City Parks and Recreation Department in Napoleon Park north of the baseball diamonds. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Architect to provide services as set forth herein: I. SCOPE OF SERVICES Architect agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Schematic Design Phase 1.1 The Architect shall review the program furnished by the City to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the City. 1.2 The Architect shall provide a preliminary evaluation of the City's program, schedule and construction budget requirements. 1.3 The Architect shall review with the City alternative approaches to design and construction of the Project. 1.4 Based on the mutually agreed upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the City, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of project components. 1.5 The Architect shall submit to the city a preliminary estimate of construction cost based on current area, volume or other unit costs. B. Design Development Phase 1.1 Based on the program, schedule or construction budget, the Architect shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. The Architect shall notify the City of any adjustments to the preliminary estimate of construction cost. 2 Do Eo Construction Documents Phase 1.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the City, the Architect shall prepare, for approval by the City, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. 1.2 The Architect shall advise the City of any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements or general market conditions. 1.3 The Architect shall assist the City in preparing and filing of approval documents required of governmental agencies with authority over the Project. 1.4 Drawings shall be completed in electronic format AutoCAD 14 or compatible program approved by the City. AutoCAD 12 format is acceptable as long as AutoCAD font "STANDARD" SIMPLEX. SHX is utilized. Electronic data shall be transferred to the City on disks. In addition, plots of all drawings shall be given to the City. 1.5 A hard copy master set of specifications shall be given to the City. 1.6 Architect shall provide one rigid mounted set (24" x 36") of colored, with shades and shadows, and building elevations for presentation to the City Council. Bidding Phase 1.1 The Architect shall assist the City in obtaining bids or negotiated proposals for the project which includes but is not limited to holding a prebid conference, preparation and distribution of addenda, responding to contractor inquiries, documentation of plan holders, distribution of plan sets, approval of substitutions, conducting bid opening, providing bid analysis, and providing a recommendation of contract award. 1.2 The Architect shall assist the City in preparing and awarding the contracts for construction. Construction Phase - Administration of the Construction Contract 1.1 The Architect's construction review and inspection responsibilities begin with the City Council award of contract and ends with the final payment 30 days after formal City Council acceptance of work. 1.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 of the date of this agreement, unless otherwise provided in this Agreement. Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the City and Architect. The Architect shall act on behalf of and shall advise and consult with the City during construction until final payment to the Contractor is due. The Architect shall have authority to act on behalf of the owner only to the extent provided in this Agreement unless otherwise modified by written instrument. The Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. On the basis of on-site observations as an architect, the Architect shall keep the City informed of the progress and quality of the Work, and shall endeavor to guard the City against defects and deficiencies in the work. The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. The Architect shall at all times have access to the work wherever it is in preparation or progress, unless specifically denied or limited in writing by the City. The Architect shall review the Contractor's "Application for Payments" and make recommendations on the amounts to be paid. The Architect shall have authority to reject work that does not conform to the contract documents and with the mutual consent of the City may require additional tests and inspections be conducted to insure contract document compliance of questionable components. The Architect shall prepare and process all required "Field Instructions" and "Change Orders" and review and approve or take other appropriate action on Contractor submittals in a timely manner (ten(10)' working days or less) so as not to delay construction, but such review and approval shall be for the limited purpose of checking for conformance 4 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 with the information provided and the design concept expressed in the signed documents. The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the City for the City's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. The Architect shall interpret and advise the City concerning performance of the City and Contractor under the requirements of the Contract Documents on written request of either the City or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time Limits agreed upon. Interpretations and opinions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial opinions, the Architect shall endeavor to secure faithful performance by both City and Contractor, shall not show partiality to either. The Architect's decisions on matters relating to aesthetic effect shall be subject to the City's review. The Architect shall render written opinions within a reasonable time on all claims, disputes or other matters in question between the City and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. The Architect shall make revisions in architectural drawings after construction to reflect "As Built" conditions and coordinate with Mechanical/Electrical and structural "As Built" drawings. In an effort to resolve any conflicts that arise during the design and construction of the project or following the completion of the project the City and Architect agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The City and Architect further agree to include a similar mediation provision in all agreements with contractors and consultants retained for this project and to require all contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers, or fabricators so retained, thereby providing for mediation as the primary method of dispute resolution between parties to those agreements. II. TIME .OF COMPLETION 2.1 The Architect shall complete the following phases of the Project in accordance with the schedule shown: 2.1.1 Complete contract documents within three (3) months of the date that the City Council approves the project. 2.1.2 Receive bids within three (3) weeks after completion of contract documents. III. GENERAL TERMS 3.1 The Architect shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 3.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 3.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 3.2 Should the City terminate this Agreement, the Architect shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater that the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Architect. 3.3 This Agreement shall be binding upon the successors and assigns of the panics hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. 3.4 It is understood and agreed that the retention of the Architect by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Architect shall have the right to employ such assistance as may be required for the performance of the Project. 3.5 It is agreed by the City that all records and files pertaining to information needed by the Architect for the project shall be available by said City upon reasonable request to the Architect. The City agrees to furnish all reasonable assistance in the use of these records and files. 3.6 It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. 3.7 At the request of the City, the Architect 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 Architect to assure attendance. 3.8 The Architect agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Architect 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 Architect shall not be liable for the City's use of such documents on other projects. 3.9 The Architect agrees to furnish all reports. specifications, and drawings, with the seal of a professional architect affixed thereto or such seal as required by Iowa law. 3.10 The City agrees to tender the Architect all fees in a timely manner, excepting, however, that failure of the Architect 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. 3.11 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. 3.12 Original contract drawings shall become the property of the City. The Architect shall be allowed to keep mylar reproducible copies for the Architect's own filing use. 3.13 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. 3.14 Upon signing this agreement, Architect acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. IV. COMPENSATION FOR SERVICES 4.1 Compensation shall be a Fixed Fee of Fifty Seven Thousand Dollars ( $ 57,400.00). 4.2 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis of the following percentages of the total Basic Compensation payable: Schematic Design Phase 15% Design Development Phase: 20% Construction Documents Phase: 40% Bidding Phase: 5% Construction Phase: 20% 4.3 The City agrees to reimburse the Architect for the printing of the final drawings, specifications and distribution expenses at the Architect's cost. 4.4 The City agrees to reimburse the Architect for automobile travel at 32 cents per mile on round trips greater than thirty (30) miles. V. MISCELLANEOUS 5.1 All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Architectural Profession. 5.2 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. 5.3 The Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. FOR THE ~Y ~~ Title: Nayor Title: FOR THE ARCHITECT Approved by: City Attorney's Office Date andy~agt~kingcon2.doc