Loading...
HomeMy WebLinkAbout1995-03-28 ResolutionRESOLUTION NO. 95-53 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: First Avenue Club - 1550 First Avenue It was moved by Kubby and seconded by as read be adopted, and upon roll calltherewere: Novirk AYES: NAYS: ABSENT: x x X x X that the Resolution Baker Horowitz __ Kubby Lehman Novick __ Pigott __ Throgmorton Passed and approved this 28th day of March , 19 9~. CITY'CLERK \danceprm,res ,'t RESOLUTION NO. 95-54 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 be and he/she is hereby directed to issue a permit to the following- named persons and firms to sell cigarettes: Joe's Place - 115 Iowa Avenue It was moved by K.hh¥ and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 28th ATTEST: ~(~.~ CITY CLERK clerk\cigpermt.res day of March , 1 9 95 MAYOR Approved by ~ney's Office~~'~~ RESOLUTION NO. 95-55 RESOLUTION ACCEPTING THE WORK FOR CIVIC CENTER POLICE DEPART- MENT LOWER LEVEL REMODELING WHEREAS, the Engineering Dtv~on h~ ra¢c.~.,~lod ~ the Police ~nt Lowar Level Remodeling prolect at included i~ the co~trlct blt.lan the City of Iowa City and Hook Construction of Cadet Rapids, Iowa, dllted May 25, 1994 end including change order~ 1 through ? be accepted; lnd NOW, THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that laid remodelrig Ixoject b~ heftby ICCll~,tld by thl City of Iowa City, Iowa. Passed and approved thll ~h dly of q,r~h .1996. CITY'CLERK -C~ AttomeV'a Office It was moved by ~vht~y ~ttd ,ac0r~ld by adopted, and upon roll c~11 there vv~t: ~o~tck AYES: NAYS: AI~ENT: x x x Ilarowll~ Novk:k CITY OF IOWA CITY I~rch 21, 1995 CiTY ARCHITECT~ REPORT RE: Civic Center Poke DM:mrlmenl Lowre' Levd RL,.a~ The project has provided the Polk~ Oel-- b,~e.4t dh much k,,~w~cl mee'~ mee'e locker All work has been cornpleiad in · tvt~-!0~ ram,ram'. I recommend that the mbov~Gb&'vced pcojec~ be 'TCC.~tKI by the City Of IOwa City. ~incerely, ./ _~ 411 EAST IAIII#OTON ITIIIT · IOWA CITY. IOWA S114,.111& · {)ll) $~,-$1tl I FAX |SlE! 'lSl.$llt RESOLUTION NO. 95-56 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 6'13 RONALDS STREET, IOWA CITY, IOWA, WHEREAS, on June 4, 1993, the property owner of 613 Ronalds Street, Iowa City, Iowa, executed a Promissory Note and Mortgage for the amount of $8,200 in the form of a Ten Year Low Interest Loan through the City's Rental Rehabilitation Program; and WHEREAS, said Promissory Notes and Mortgage created a lien against the property; and WHEREAS, on March 27, 1995, new loan instruments were signed and the amount will be refinanced upon approval of this release. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and City Clerk to attest the attached Release for recordation, whereby the City does release the properly located at 613 Ronalds Street, Iowa City, Iowa, from an obligation to pay to the City the principal amount of $9,539.04, which obligation was recorded in Book 1557, pages 323 through 329, respectively, of the Johnson County Recorder's Office. Passed and approved this 28th day of March , 199~. ATTEST:~4¢_.3 ~ ~/'~ CITY-CLERK Appro~t~y) ~,~ ~_~ City Att~P.P~'s dffi~.e~ .~2',,'--'25-'- It was moved by Kubby and seconded by be adopted, and upon roll call there were: Novick the Resolution AYES: NAYS: ABSENT: X x x x x x · x Baker Horowitz Kubby Lehman Novick Pigott Throgmodon ppdrehab~6~3mlds.res RELEASE OF LIEN The City of Iowa City does hereby release the property at 613 Ronalds Street, Iowa City, Iowa, legally described as follows: The West 44.43 feet of Lot Three (3) in Block Thidy-one (31) in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the properly owner to the City of Iowa City in the principal amount of $8,200 represented by a Promissory Note and a Modgage recorded in the Office of the Johnson County Recorder's Office on June 9, 1993, in Book t557, Pages 323 through 329. This obligation has been refinanced and the property is hereby released, in full, from any liens or clouds upon title to the property described above by reason of said recorded documents. CITY OF IOWA CITY, IOWA ATTEST: City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY } On this Z? day of " / Maydr , A.D. 19 74 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz 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 Resolution No. ?5-.';~adopted by the City Council on the zg"Lday ,19.95_; and that the said Susan M. Horowitz and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed and said corporation, by it and by them voluntarily executed. ppdreh a b'~613mid s .r el Notary Public in and for Johnson County, Iowa RESOLUTION NO. 95-57 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH SUMMIT ALLEY EMBANKMENT IMPROVEMENT PROJECT, 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 CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 18th day of April, 1995. Thereafter bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 25th day of April, 1995, or at such later time and place as may then be fixed. Passed and approved this 28th day of I'larch ,1995. CITY'CLERK pweng~embankm~.~e$ MAYOR . ,Approyed by x.. ~ Cit~ Attorney s Office Resolution No. 95-57 Page 2 It was moved by ~ and seconded by adopted, and upon roll call there were: Novick the Resolution be · AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO, 95-58 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIIViATE OF COST FOR CONSTRUCTION OF A PUIV]P TEST/PRODUC- TION WELL, A PRODUCTION WELL AND OBSERVATIOI~J WELLS IN THE SILU- RIAN AQUIFER AT THE WATER FACILITY SITE, ESTABLISHING THE AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIIV]E 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 requ,red by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 18th day of April, 1995. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 25th day of April, 1995, or at such later time and place as may then De fixed. Passed and approved this 28th day of ,~larch ,1995. CITY~CLERK Approved by ~/ Resolution No. 95-58 Page 2 It was moved by Novtck and seconded by be adopted, and upon roll call there were: AYES: NAYS: Pigott ABSENT: the Resolution Baker Horowitz Kubby Lehman Novick Pigott Throgmorton March 28 , 199S The City Council of Iowa City, Iowa, met in regular_ session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7;30 o'clock _~.M., on the above date. There were present Mayor Horowit~. , in the chair, and the following named Council Members: Baker, Horowitz, Kubby, T.~hman, Wovick, Pigott, ThroRmorton Absent: None -1- AHLERS, COOKY, DOR~'EILEIL HAYN~, ${h'IH & ALLB££, P.C The presiding officer announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $2,535,000 Parking System Revenue Bonds of said City, in order to provide funds to pay costs of refunding outstanding Series 1985 Parking System Revenue Bonds of the City, and that notice of the proposed action to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.83 of the City Code of Iowa. Inquiry was made whether any written objections had been filed by any resident or property owner of the City to the issuance of said bonds by the City. The Clerk stated that An written objections had been filed. Oral objections to the issuance of said bonds were then called for and received and none were made. Whereupon, the presiding officer declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- AHI.EI~, CO0,'(~Y, DOBWI~{L~B. HAY~{F., St{{TH & ALI~{~F., F:C- The proposed action and the extent of objections thereto were then considered. Whereupon, Nav~k introduced and delivered to the City Council the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,535,000 PARKING SYSTEM REVENUE BONDS," and moved its adoption. T.~hmnn seconded the motion to adopt. The roll was called and the vote was, AYES: Throngmorton, R~k~r~ ~Or~it~, Kubby, Lehman, NovJck, NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Res. No. 95-59 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,535,000 PARKING SYSTEM REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $2,535,000 Parking System Revenue Bonds for the purpose of paying costs of refunding outstanding Series 1985 Parking System Revenue Bonds of the City; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I0WA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $2,535,000 Parking System Revenue Bonds for the foregoin~ purpose. AHIZRS, CO0~"01Y, DOI~EilZR, HAYNIF,, S~3H & AU~E£, PC. PASSED AND APPROVED, 1995. ATTEST: Clerk this Z~~3~- day of ~-~c~k -4- March 28 , 1995 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock E_.M., on the above date. There were present Mayor Horowitz , in the chair, and the following named Council Members: Baker, Horowitz, Kubbv, Lehman, Novick. Pigott Throgmorton Absent: None -7- nphm~n introduced the following Resolution entitled "R~$OLUTION DIRECTING SALE OF $ 2,500,000 TAX~LE PAR/{ING SYSTEM REVENUE BONDS AND RATIFYING PUBLICATION OF NOTICE OF BOND SALE," and moved its adoption. Nnv~ck seconded the motion to adopt. The roll was called and the %~te was, AYES: R,b~r.Horowitz. Kubby. Lehman. NovJ. ck. ThroEmorton NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Res. No. 95-60 RESOLUTION DIRECTING SALE OF $ 2,500,000 TAXABLE PARKING SYSTEM REVENUE BONDS AND RATIFYING PUBLICATION OF NOTICE OF BOND S~J~E WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $1._5Q~000 TAXABLE PA~RKING SYSTEM REVENUE BONDS: Bidder: Griffin, Kubik, Stephens_& Thompson the terms of said bid being: of Chicago Price of $2,484,960, Interest rates ~)f 7~25:7,375 and 7,40 ..~er~ent for 1996 through 20Q3 mab~rities, Net interest rate is 7.53237%, NOW, THEREFORE, BE IT RESOLVED BY ~ CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. -8- Section 3. That the publication of the notice of the sale of the bonds and all acts of the Clerk and Finance Director done in furtherance of the sale of said bonds are hereby ratified, confirmed and approved. PASSED AND APPROVED, this 2~~ day of 97~ 1995. ATTEST: C1 e~fk c10714040~41.fin ~) ~a~ch ~ , 1995 The City Clerk of Iowa City, Iowa, met in the Council Ch~m~ars, Civic Center, 410 ~. Washin~ton Street, Z~a City, Iowa, recetv~ ~d to refer =he s~e of the bo~s to ~he best ~ fa~r~le bi~er for cash, s~Ject Co a~r~al by the City C~cil 7:30 . o'clock ~.M. on Che ~ve ~Ce. The following persons were present at said meeting: Marian Karr~ City Cler~: Kevin O'Mall~. Act~n~ Finance Director; Cyndi Sheets, Finance Secretary; Dave Dirks, £v~n~n Dodge Inc; Jeff Barta. Absent: None -5- This being the time and place for the openin9 of bide for the sale of $2,~0~000 Taxable Parking System Revenue Bonds, the meeting was opened for the receipt of bids fog the bonds. Sealed bids were filed and listed in the minutes while unopened, as follows: Na~9 ~ Address of Bidders: Bidder Address Griffin, Kubik et al Chicago Dain Bosworth Chicago Fidelity Capital Chicago Kemper Securities Chicago Nike Securities Lisle, IL Cronin & Co. Chicago Juran & Moody Chicago ($)NIC 984,575.31 996,648.75 1,006,480.00 1,012,292.25 1,012,584.55 1,020,042.20 1,023,160.00 7.53237 7.6247 7.69995 7.7444 7.7466 7.8037 7.8275 Whereupon the Manager declared the time for filing of sealed bids to be closed. Whereupon, the Manager declared the sealed bide be opened. The sealed bids were opened and the best sealed bid was as follows: Name & Address of Bidder: Griffin. Kubik, Stephens & Thomson of Chicago Net Interest Rate: 7.53237% Net Interest Cost: $984,575.31 Whereupon, all bids were referred to the Council for action in accordance with the Notice of Sale. -6- NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the safe of bonds of the City of Iowa City, Iowa, will be received at the office of the City Manager, in the City of Iowa City, Iowa (the "issuer") at 12:00 o'clock Noon, on the 28th day of March, 1995. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the bonds will be held at the Council Cham- bers, Civic Center, 410 E. Washington Street at a meeting of the City Council on the above date at 7:30 o'clock P.M. The Bonds: The bonds to be offered are the following: TAXABLE PARKING SYSTEM REVENUE BONDS, in the amount of $2,535,000, to be dated April 1, 1995 (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a state- ment of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240-1826 -- Tele- phone: (319) 356-5000, or the City's Financial Consultant, Evensen-Dodge, Inc., 601 2nd Avenue South, Suite 5100, Minneapolis, MN 55402 -- Telephone: (612) 338-3535. Terms of Offerinq: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Leclal Opinion: Said bonds will be sold subject to the opinion of Ahlers, Coonay, Dorweiler, Haynie, Smith & Allbee, P.C., Attor- neys of Des Moines, iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or state- ments made or furnished in connection with the sale, issuance or marketing of the bonds. The opinion will be printed on the back of the bonds. 2 Riclhts Reserved: The right is reserved to reject any or all bids, and to waive any irregu- larities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. City of Iowa City, Iowa Mn'r~'h ?~ , 1995 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock L.M., on the above date. There were present Mayor Horowitz , in the chair, and the following named Council Members: BakPr~ ~or~wtt¢, ~.hhy~ l.mhman~ NOV{e~a PtEntt, Thrn~;nnr tnn Absent AH~it~ O)O~'Y, DOB~I~II~R, HAYNI~, SMITH & ALLB£F., ~ Council Member Nnvick introduced the following Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $2,500,000 TAXABLE PARKING SYSTEM REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS", and moved its adoption. Council Member Thrn~mnrtn~ seconded the motion to adopt. The roll was called and the vote was: AYES: Hotowls7, K,,hhy, Lehman, Novick, Pigott, Thrmgmnrtnn, R~ker NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: Res. No. 95-61 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $2,500,000 TAXABLE PARKING SYSTEM REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Parking System, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Revenue Bonds, subject to the following premises; and WHEREAS, Issuer proposes to issue its Revenue Bonds to the extent of $2,500,000 for the purpose of defraying the costs of the project as set forth in Section 3 of this Resolution; and WHEREAS, there have been heretofore issued Parking System Revenue Bonds, part of which remain outstanding and are a lien on the Net Revenues of the System. In the Resolution authorizing the issuance of the outstanding bonds it is provided that additional Revenue Bonds may be issued on a parity with the outstanding bonds, for the costs of future improvements and extensions to the System, provided that there has been procured and placed on file with the Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity bonds; and AHLER.% CO0~*E Y, DORV~EILER. HAYN~ $XiTH ,5 ALL~EE, WHEREAS, a statement of Ernst & Young , a Certified Public Accountant not in the regular employ of Issuer, has been placed on file in the office of the Clerk, showing the conditions and limitations of said Resolutions, dated November 4, 1985 and June 9, 1992, with regard to the sufficiency of the revenues of the System to permit the issuance of additional Revenue Bonds ranking on a parity with the outstanding bonds to have been met and satisfied as required; and WHEREAS, the notice of intention of Issuer to take action for the issuance of $2,535,000 Taxable Parking System Revenue Bonds has heretofore been duly published and no objections to such proposed action have been filed: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI/NCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Definitions. The following ternIs with or without capitalization shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: % "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee; ~ "Bonds,' shall mean $2,500,000 Taxable Parking System Revenue Bonds, authorized to be issued by this Resolution. ~ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds; ~ "Clerk" shall mean the City Clerk or such other officer of the successor governin9 body as shall be charged with substantially the same duties and responsibilities. ~ "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York; ~ "Corporate Seal" shall mean the official seal of Issuer adopted by the governing body. * "Escrow Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. * "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive -2- twelve-month period adopted by the governing body or by law as the official accounting period of the System. Requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year. ~ "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System. ~ "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. * "Issuer" and "City" shall mean the City of Iowa City, Iowa. ~ "Net Revenues" shall mean gross earnings including rentals, lease payments, parking fees, overtime parking fees, and parking charges of any kind of the system after deduction of current expenses; "Current expenses" shall mean and include (1) for all off-street parking facilities the reasonable and necessary cost of operating, maintaining, repairing and insuring such facilities, salaries, wages, costs and materials and supplies; (2) for all on-street parking meters, the repair and replacement of parking meters, salaries and wages of meter maids, meter repair and collection personnel; ~ "Notice of Sale" shall mean the official Notice of Sale as published on March 15, 1995; % "Original Purchaser" shall mean the purchaser of the Bonds from Issuer at the time of their original issuance. ~ "Parity Bonds" shall mean Taxable Parking System Revenue Bonds payable solely from the Net Revenues of the System on an equal basis with the Bonds herein authorized to be issued; and shall include "Additional Bonds" as authorized to be issued under the terms of this Resolution and the Outstanding Bonds; "Outstanding Bonds" shall mean the Parking System Revenue Bonds dated November 1, 1985 and June 1, 1992, issued in accordance with Resolutions No. 85-316 and 92-166, adopted November 4, 1985 and June 9, 1992, $195,000 and $970,000 of which bonds are still outstanding and unpaid and remain a lien on the Net Revenues of the System~ % "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository; -3- AHLER$. COONE¥, {~3RV/EiLE{',, {.{AYN{E, $~{[ITi & AJHL~EE, PC. ~ "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. "Permitted Investments" shall mean: direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: Export Import Bank Farm Credit System Financial Assistance Corporation Farmers Home Administration General Services Administration U.S. Maritime Administration Small Business Administration Government National Mortgage Association (GNMA) U.S. Department of Housing & Urban Development (PHA's) Federal Housin9 Administration repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; an obli9ation permitted for purchase and investment by political subdivisions, under the provisions of Chapter 12B and 12C, Code of Iowa, 1993, as amended, or successor laws; investments in a money market fund rated "AAAm" or "AAAm-G,, or better by S&P and meeting the requirements of Section 12B.10(5) (F) Code of Iowa, 1993, as amended, or its successor provision of law; pre-refunded Municipal Obligations, defined as any bonds or other obligations of any state of the -4- AHLER.% COONEY, DOIF, FEiLER. HAYHIE, $.%{ITH & AL{.BE£, F'.C. United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and investments otherwise permitted in this resolution may be made through a joint investment tmlst which qualifies under Section 12B.10 (5)(g) of the Code of Iowa, 1993, as amended, or successor provisions of law. ~ "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ~ "Representation Letter" shall mean the Blanket Issuer Letter of Representations from the Issuer to DTC, with respect to the Bonds; "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the maximum amount of the principal and interest coming due on the Bonds and Parity AHLERI C~X)N~Y, ~ORWEILER, HAY~ S~dl'II~ & ALLB£F,, P~. Bonds; or (b) 10 percent of the stated principal amount of the Bonds and Parity Bonds (for issues with original issue discount the issue price as defined in the Tax Exemption Certificate shall be substituted for the stated principal amount). ~ "System" shall mean the parking revenue system of the City including "off-street parking" as hereinafter described and "on-street parking" including parking meters located on and along the City's streets and all properties acquired or to be acquired from revenues of the system or made a part thereof by Council resolution. For purposes of this Resolution and unless amended by the City Council, the system is presently made up and comprised of the following: Three (3) municipal parking ramps (1,975 spaces), seven (7) parking lots (440 spaces) and 870 on-street parking meters, totaling 3,285 spaces. % "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. * "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Bonds under section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Division V, Chapter 384; the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. of Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Bonds of Iowa City, in the County of Johnson, State of Iowa, Series 1995, in the aggregate amount of $2,500,000 for the purpose of paying costs of refunding outstanding Series 1985 Parking System Revenue Bonds of the City. Section 4. Source of Payment. The Bonds herein authorized and Parity Bonds and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future net revenues of the System. The Bonds shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Bonds. Section 5. Bond Details. Taxable Parking System Revenue Bonds of the City in the amount of $ 2,500,000 shall be issued pursuant to the provisions of Section 384.83 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "TAXABLE PARKING SYSTEM REVENUE BOND", be dated April 1, 1995, bear interest from the date thereof, until payment thereof, at office of the Paying Agent, said interest payable on January 1, 1996 and semiannually thereafter on the 1st day of July and January in each year until maturity at the rates hereinafter provided. and the The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and printed and impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. Said Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount July 1st 7.250% $205,000 1996 7.375% 260,000 1997 7.375% 280,000 1998 7.375% 305,000 1999 7.375% 330,000 2000 7.375% 350,000 2001 7.375% 375,000 2002 7.400% 395,000 2003 Section 6. Redemption. The Bonds are not subject to redemption prior to maturity. Section 6.1. DTC Registration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. Section 6.2. The Bonds shall be initially issued in the form of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the registry books of the City Controller kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or -7- AHL~RS. COONEY, DOR~£IL~B, HAY{ViE. its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.7 hereof. Section 6.3. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with Section 6.7 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with Section 6.7 hereof. -8- Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. The execution and delivery of the Letter of Representations to DTC by the Issuer, in the form presented at this meeting with such changes, omissions, insertions and revisions as the Mayor shall deem advisable is hereby authorized and execution of the Blanket Issuer Letter of Representations by the Mayor, shall be conclusive evidence of such approval. The Blanket Issuer Letter of Representations shall set forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. Section 6.7. In the event that any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.8. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits and other instruments so furnished, including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. -9- Section 7. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code cf Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or -10- AH~ G)O~Y, DOIN~tlI~B. HAY~IE, ${,I~H & ALLSE£. P~ his legal representative. All such payments shall be valid and effectual to satisfy and dischar§e the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. -11- AtlL~R~ COON~Y, DOI~ZEILER, H,~YNIE, $~LrI*H & ALL~E£, ~. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar, unless and until there shall have been provided the following: Section 11. Right to Name Substitute Paying Agent or Reqistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -12- Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I / (6) (6) / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / (7) (8) (i) (2) (3) (4) (5) (9) (9a) (10) (continued on the back of this Bond) (11) (12) (13) (14) (15) IIIIIIIIIIIIIIIIIIIIII!111111111111111111111111111111111111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I / / / / FIGURE 1 (Front) -13- (10) (16) (Continued) (17) FIGURE 2 (Back) -14- The text of the bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON "CITY OF IOWA CITY" "TAXABLE PARKING SYSTEM REVENUE BOND" "SERIES 1995" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: April 1, Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ 1995 Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer,,), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on January 1, 1996, and semiannually thereafter on the 1st day of July and January in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date, Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Section 384.83 of the City Code of Iowa, as amended, for the purpose of paying costs of refunding outstanding Series 1985 Parking System Revenue Bonds of the City, in conformity to a Resolution of the Council of said City duly passed and approved. THE HOLDER OF THIS BOND SHOULD TREAT THE INTEREST THEREON AS SUBJECT TO FEDERAL INCOME T/kX. -15- DORVFE[LEH~ HAYN{E. $.%{ITH & ALLBEE. PC. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is reqllested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond and the series of which it forms a part, other bonds ranking on a parity therewith, and any Additional Bonds which may be hereafter issued and outstanding from time to time on a parity with said Bonds, as provided in the Bond Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the Net Revenues of the Municipal Parking System (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment hereof. Arid it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law. -16- AHLI~K~ C00,~£¥, I~RWEIEER. HAYNIE. SMITH & M-~£L PL IN TESTIMONY WHEREOF, said City by its City Council has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 = Item 12, figure 1 = Date of authentication: This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, Item 15, figure 1 = figure 1 = (Seal) [Signature Block] CITY OF IOWA CITY, IOWA By: Mayor's manual signature Mayor ATTEST: By: City Clerk's manual signature City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. (manual signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [Inforraation Required for Registration] -17- ASS IG~ENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARAntEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TPJINSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. -18- The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN C0M - as TEN ENT - as JT TEN as and IA UNIF TRANS tenants in common tenants by the entireties joint tenants with right of survivorship not as tenants in common MIN ACT - . ......... Custodian .......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ................ (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Equality of Lien. The timely payment of principal of and interest on the Bonds and Parity Bonds shall be secured equally and ratably by the revenues of the System without priority by reason of number or time of sale or delivery; and the revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Application of Bond Proceeds Escrow Fund. Proceeds of the Bonds shall be applied as follows: ~ An amount equal to accrued interest deposited in the Sinking Fund for application payment of interest on the Bonds. shall be to the first ~ The balance of the proceeds shall be deposited to the Escrow Fund and expended therefrom for the purposes of issuance. Any amounts remaining therein after the payment in full of the refunded 1985 Bonds may be transferred to the Improvement Fund. Section 15. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges to be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenues paid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. -19- Section 16. Application of Revenues. From and after the delivery of any Bonds, and as long as any of the Bonds or Parity Bonds shall be outstanding and unpaid either as to principal or as to interest, or until all of the Bonds and Parity Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Parking System Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: The provisions in the Resolutions heretofore adopted on November 4, 1985 and June 9, 1992, whereby there was created and is to be maintained a Parking System Revenue Bond and Interest Sinking Fund, and for the monthly payment into said fund from the future Net Revenues of the System such portion thereof as will be sufficient to meet the principal and interest of the Outstanding Bonds dated November 1, 1985 and June 1, 1992, and maintaining a reserve therefor, are hereby ratified and confirmed, and all such provisions inure to and constitute the security for the payment of the principal and interest on Taxable Parking System Revenue Bonds hereby authorized to be issued; provided, however, that the amounts to be set aside and paid into the Parking System Revenue Fund in equal monthly installments from the earnings shall be sufficient to pay the principal and interest due each year, not only on the Parking System Revenue Bonds dated November 1, 1985 and June 1, 1992, but also the principal and interest of the Bonds herein authorized to be issued and to maintain a reserve therefor. Section 16 of the Resolution dated November 4, 1985, as modified by Section 16 of the Resolution adopted June 9, 1992, is hereby ratified, confirmed, adopted and incorporated herein as a part of this Resolution. Consistent with the above Resolution, proceeds of the bonds or other funds may be invested in Permitted Investments. Nothing in this Resolution shall be construed to impair the rights vested in the Outstanding Bonds. The amounts herein required to be paid into the various funds named in this Section shall be inclusive of payments required in respect to the Outstanding Bonds. The provisions of the legislation authorizing the Outstanding Bonds and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the Resolution or Ordinance first adopted shall prevail until such time as the bonds authorized by said Ordinance or Reso].ution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. Section 16.1. Investments. Moneys on hand in the Escrow Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation, or its -20- equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided but in no event maturing in more than three years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City and the Escrow Fund shall be invested and maintained as a separate fund. All Escrow Fund investments shall be in direct obligations of the United States Treasury, maturing not later than July 1, 1995. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System except earnings on investments of the Escrow Fund shall be deposited in and expended from the Escrow Fund. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Reqarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) O~Deration of the System. Issuer hereby covenants and agrees with the holder or holders of the bonds herein authorized to be issued, or any of them, that it will faishfully and punctually perform all duties with reference to said public motor vehicle parking facilities system required by the Constitution and laws of the State of Iowa, and this Resolution, including the making and collecting of reasonable and sufficient rates or services afforded thereby, and will segregate the revenues and make application thereof into the respective funds, as provided by this Resolution. Issuer further covenants and agrees with the holders of said bonds to maintain in good condition and continuously and efficiently operate said facilities and meters comprising the System. Issuer further covenants and agrees that, except as hereinafter otherwise provided, so long as any of the bonds authorized to be issued under the terms of this Resolution or bonds ranking on a parity therewith are outstanding it will not sell, lease, loan, mortgage or in any manner dispose of or encumber public motor vehicle parking facilities -21- comprising the System until all of said bonds have been paid in full as to both principal and interest or unless and until full and sufficient provision shall have been made for the payment thereof. However, the right is reserved to the City to dispose of any property constituting a part of the System as provided in Section 17(f). Nothing contained in this Resolution shall be construed to prevent the City from leasing to others or contracting with others for the operation of any of the facilities constituting a part of the System to the extent permitted by law, provided the net revenues derived from any such leases or contracts, in combination with all other net revenues of the System, are found by the City Council to be not less than those required to be paid unto the Funds as in Section 16 provided. Nothing contained in this Resolution shall be construed to prevent the City from disposing by lease, or as may be permitted by law, of the air rights above any of the off-street parking facilities constituting a part of the System or of other portions thereof not useful or intended for the parking of vehicles, provided that the revenues from any such lease shall be treated as a part of the income and revenues of the System and shall be used and applied as provided in this Resolution, but no such contract or lease may result in a reduction of the aggregate net revenues of the System below the amounts necessary to be paid into the Funds as in Section 16 provided. While the bonds authorized hereunder, or any of them, remain outstanding and unpaid no free service shall be afforded by said parking facilities, provided, that the City Council may, by resolution, authorize the use of a designated portion of the parking facilities without charge, when: (1) the Council has first affirmatively determined that such use will not cause the aggregate net revenues then to be derived from the balance of the system to be less than 125% of the amounts required to be paid into the Sinking Funds during the then next succeeding fiscal year, and (2) if the facilities to be operated without charge produced over 15% of the gross revenues of the entire system in the then last preceding fiscal year, the finding by the City Council must be predicated upon and supported by a certificate executed by a nationally recognized parking facilities consultant employed for the purpose of examining the books and records pertinent to the system and of certifying to the amount of revenues which will be derived from the balance of the system. ~Lny of the off-street parking facilities may be withdrawn from use at any time for the purpose of erecting multiple level parking structures, garages or other parking facilities thereon which are to be incorporated in and made a part of the system of the City, but no such facilities may be so withdrawn unless the City Council affirmatively finds that the net revenues to be derived from the operation of the -22- AH~ COONEY, OOR~EI~P,. HAYNI£, Sl{i'm & ALLB'~L EC remainder of the System, together with interest during the construction of the additional structure, will be no less than those required to be paid into the Funds in Section 16 provided during the period of construction. The City agrees that it will take no action in relation to its parking System which would unfavorably affect the security of the bonds herein authorized or bonds ranking on a parity therewith or the prompt payment of the principal thereof and interest thereon, but nothing in this Resolution contained shall be construed to prohibit appropriate changes in the location of on-street parking meters made necessary by street widening, alterations or closings, nor prohibit substitution or changes in the location of on-street parking meters in order to provide essential and necessary traffic regulation and control. (b) Sufficiency of Rates. On or before the beginnin§ of each fiscal year the Governing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding fiscal year which are 1) adequate to pay principal and interest requirements and create reserves as provided in this Resolution and 2) not less than 125 percent of the principal and interest requirements of the fiscal year. No free use of the System by the Issuer or any department, agency or instrumentality of the Issuer shall be permitted except upon the determination of the Governing Body that the rates and charges otherwise in effect are sufficient to provide Net Revenues at least equal to the requirements of this subsection. (c) Insurance. The Issuer shall maintain insurance for the benefit of the bondholders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Improvement Fund. (d) Accountinq and Audits. The Issuer will cause to be kept proper books and accounts adapted to the System in accordance with generally accepted accounting practices; will diligently act to cause the books and accounts to be audited annually not later than 180 days after the end of each fiscal year by an independent auditor; will provide copies of the audit report, upon request, to the holders of any of the Bonds and Parity Bonds. The Original Purchaser and holders of any of the Bonds and Parity Bonds shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. -23- It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, or the holder or holders of 25 percent of the Outstanding Bonds and Parity Bonds may cause such audits and reports to be prepared at the expense of the Issuer. (e) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Bonds and Parity Bonds shall have been provided for in the manner provided in this Resolution. Provided, however, this covenant shall not be construed to prevent the disposal by the Issuer of property which in the jud9~ent of its governing body has become inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a Revolving Fund and used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Bonds or Parity Bonds shall not be used to pay principal or interest on the Bonds and Parity Bonds or for payments into the Sinking or Reserve Funds. (g) Fidelity Bond. The Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Annual Budget. The Governing Body of the Issuer shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each fiscal year. Such budget shall take into account revenues and current expenses during the current and last preceding fiscal years. Copies of such budget and amendments thereto shall be mailed to the Original Purchaser or to the bondholders upon request. -24- ~1tLEIB. COOi~EY~ DOP37EILEP~ tlAYNIE. (j) Consultant Review. The City hereby covenants and agrees as long as any bonds hereby authorized are outstanding to regularly retain from time to time and at least once every four (4) years, the service of some engineer or firm of engineers of specialized reputation in the management and operation of motor vehicle parking facilities sometimes referred to in this resolution as the "Consulting Engineer", for the purpose of consultation and cooperation in connection with the operation and maintenance of its parking System facilities system and the establishment as well as any revision of the schedule of charges for the service and facilities to be thereby afforded. Such report shall be promptly forwarded to the original purchaser of the bonds. Section 18. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 19. Prior Lien and Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Bonds or Parity Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such Additional Bonds to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months after the date of delivery of such refunding bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of refunding any Bonds, Parity Bonds or General Obligation Bonds outstanding, or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an independent Certified Public Accountant, not a regular employee of the Issuer, reciting the opinion based upon necessary -25- investigations that the Net Revenues of the System for the preceding fiscal year (with adjustments as hereinafter provided) were equal to at least 1.25 times the maximum amount that will be required in any fiscal year prior to the longest maturity of any of the then Outstanding Bonds or Parity Bonds for both principal of and interest on all Bonds or Parity Bonds then outstanding which are payable from the net earnings of the System and the Additional Bonds then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preceding fiscal year as aforesaid, the amount of the gross revenues for such year may be adjusted by an independent Consulting Engineer or by a Certified Public Accountant not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such Additional Bonds been in effect during all of such preceding fiscal year. (ii) the Additional Bonds must be payable as to principal and as to interest on the same month and day as the Bonds herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a fiscal year shall be deemed a requirement of the immediately preceding fiscal year. (iv) for the purposes of this Section, general obligation bonds shall be refunded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds were issued or the proceeds of them were expended for the System. Section 20. Not 0ualified Tax-Exempt Obligations. The Issuer has not designated the Bonds as qualified tax-exempt obligations as defined by Section 265(b) of the Internal Revenue Code of the United States, as amended. Section 21. Discharqe and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and -26- (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any, that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or Parity Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 22. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Bonds and Parity Bonds, and after the issuance of any of the Bonds no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the succeeding Sections, until such time as all of the Bonds and Parity Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 23. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Bonds, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Bonds or Parity Boilds; or to comply with any application provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Bonds or Parity Bonds; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Bonds or Parity Bonds from being includable within the gross income of the holders thereof for federal income tax purposes; -27- AHLEi{S, COOKY, I]ORV~iILEl~ HAYNIE, $MJ'{'H & ALLBEE, I~C (c) to grant to or confer upon the holders of the Bonds or Parity Bonds any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Bonds; (d) to add to the convenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 24. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds and Parity Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Bonds and Parity Bonds then outstanding; and (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Bond as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution -28- ABLERS, (30~)NEY, DORWEILER. HAYHIE. SMffH & ALLBEE, described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Bonds and Parity Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. Section 25. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 26. Repeal of Conflictinq Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Section 27. Redemption of Series 1985 Bonds. The Issuer hereby provides for and approves the redemption of $2,470,000 Parking System Revenue Bonds dated November 1, 1985 on July 1, 1995. The Mayor, City clerk and City Controller are authorized to take the necessary steps to call the Bonds in accordance with the provisions of the authorizing resolution dated Novmeber 4, 1985. A copy of the call notice is attached as Exhibit A. ~29- AHLEI~& I~)Oh*EY, D~EIL~R, HAYNIE, $~l*f~l & ALL~EE, ~ Adopted and approved this 1995. day of ATTEST: ~4ayor ' City Clerk clO?14040',51.fin -30- AHLF2{~, COOt~Zl', DOFS~EIUZH. H AYi~IF~ $~{l']q{ & AI2~BEE, BC. 03/23/95 12:14 ~'515 243 2149 ABI.RRS LAW, FIR~ - . Sec~n 16.. ~1i~a~ion of ~e~. ~ ~d ~t~r d~ of ~y ~, a~d as 1~ ~ ~ of the ~d~ O~ B~d~ sh~ 1 be ~tst~nd~n~ and ~d 8i~ as to p~ct~.'~ or to ~terest, or ~t~ ~1 of ~e B~ a~d P~ty B~ ~ .. ~ts~ndim~ shn!l ~ be~ ~s~ ~ satisfied ~tem sh~l be ~posit~ as co~ect~ ~ a ~ to the P~ ~st~ R~ue ~,nd (the: "~ue ~. ) ~sb~ed o~y as follows: ' ' {~002 The prOviSions iu =b~ 'Resolutions herecofore adopted' on November 4, 1985 a~d June 9, .1992, whereby th~e w~ cr~.'t~d is' to be m~ntaiue~ a Patklng System3Revenue Bond ~e~ Re~m, es 6f ~he 'System such portion a~ w~11 be sufficient to meet principal and interest of Bond~ dated l~ovembe~ '1985 a~d June 1, 1992, a reserve t/lerefor, are ratified ~d. a~d provision~ ira,re to eonsti~%te the ths. p?l~ne~_t the DrLucipal and on Ta~ble R~v.~aue Bo~ds hereby .authorized to be provided, that am-~unts .to be set pa~d into the System ~evenue Fund ~n equal monthly from eamn~n_~ ~ha_]'~[ be sufficient to pay the and due each yea~, not OIZly on the Park~n~ dated November ]~, 1985 and Jk~le 1, 1992, hut atso a~d interest Of the h~rein authorized Co be and ms~_~_tain a reserve kher~for. section 16 of the 4, 1985, as m}~lified by Section 16 of the. Resolut: ~t*ed June 9, I992, is 'hereby r~tified, confirmed, adopted ~nforDoz-ated herein a~ a!pa~-t of tl:Lis.Resolution. Conslstmnt - th~ above Resolutlou, Orod~=~ls. ! Nothing in this construed to imD~/r the rights vested 'in the SondS. ~e amounts herein required to be pai~ the ~uuds n~r~.._,~l in ~b.is Section shall be inclusive in respect to the! 0ut~tandi n~ ~on~. of the legislation authorizing the 0utStand~ ~ , : g and the s~ons of ' be con~t . this Resolution are to rued wh~ -qSible · , . ' ' T ..... ~ w~ u oe flr~t prev~] until ~h tmmn ......... ~ · a~opte~ shall or Resolutzon ~ve b ........ o..n~. _ by sa .d. Omltnance shall agFain, re,all. - szons of th, s ge~o~lutz~n . .M. on?.ys D n.4 in Escrow all o£ the ' :.- Inv~. streets or deposited /]1 financial /nsti%~tion~ wh/ch · menme. rs of the Federal De~s~ %JL/_-/-__-2--l-T'' .. . Council Member introduced the following Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE A/4qD SECURING THE PAYMENT OF $ TAXABLE PARKING SYSTEM REVENUE BONDS OF THE CITY )F IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF I( AND PROVIDING FOR A METHOD OF PAYg~ENT OF SAID BONDS", and its adoption. Council Member secondE the motion to adopt. The roll called and the vote was: AYES: NAYS: Whereupon the adopted: following Resolution duly A RESOLUTION ISSUANCE AND $ TAXAB BONDS OF THE THE PROVISIONS PROVIDING FOR BONDS AND PROVIDING FOR THE THE PAYMENT OF PARKING SYSTEM REVENUE IOWA CITY, IOWA, UNDER CITY CODE OF IOWA, ADO OF PAYMENT OF SAID WHEREAS, the Cit' Counci sometimes hereinafte referr~ established charges and will continue to b ~cted Parking System, ~ herei] and said revenue not been payment of Revel e Bonds, subje¢ of the City of Iowa City, Iowa, to as the "Issuer", has heretofore for services which are and system revenues of the Municipal referred to as the "System", !ed and are available for the to the following premises; and WHEREAS, extent of $ the project proposes to for the pus set forth in Secti, ssue its Revenue Bonds to the )se of defraying the costs of 3 of this Resolution; and Revenue the Net issu~ Revenue bonds , there have been heret ~fore issued Parking System part of which remain and are a lien on of the System. In he Resolution authorizing the the outstanding bonds it .s provided that additional may be issued on a with the outstanding the costs of future and extensions to the System, provided that there has been cured and placed on file with the Clerk, a statement complying the conditions and limitations therein imposed upon the issuance of said parity bonds; and -1- AHLEP, S, CO0,~EY, DORW'E[LER. HAYNIE. S~,IITH & ALLBEE, WHEREAS, a statement of , a Certified Public Accountant not in the re9ular employ of Issuer, has been placed on file in the office of the Clerk, showing the conditions and limitations of said Resolutions, dated November 4, 1985 and June 9, 1992, with regard to the sufficiency of the revenues of the System to permit the issuance of additional Revenue Bonds rank' on a parity with the outstanding bonds to have been met and as required; and WHEREAS, the n the issuance of $2, has heretofore been proposed action have .ice of intention of Issuer to take action for .000 Taxable Parking System Revenue Bonds d and no objections to such filed: NOW, THEREFORE, BE CT RESOLVED BY THE CITY COUNCIl CITY OF IOWA CITY, IN COUNTY OF JOHNSON, STATE 0 THE Section 1. DefinitJ capitalization shall have Resolution unless the text requires otherwise: ns. The following ~he following meani] )ressly or by nee or without this implication ~ "Beneficial respect to a Bond, the recorded as the benefi Participant on the rec, person's subrogee; shall me~ whenever used with in name such Bond is owner such Bond by a Participant or such ~ "Bonds" shall mei Revenue Bonds, authoriz~ Taxable Parking System be issued by this Resolution. ~ "Cede & Co." DTC, and any succe~ Bonds; ~an Cede & Co., the nominee of of DTC with respect to the % "Clerk" mean th~ officer of the Dr g with subst the same ]ity Clerk or such other body as shall be charged and responsibilities. York shall mean The Depot tory Trust Company, a New New York, New ISSUl Seal" shall mean he official seal of adopted by the governin9 body % "Escrow Fund" shall mean the required to be established by this Resolution for the )osit of the proceeds of the Bonds. ~ "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and endin9 on the last day of June of the following year, or any other consecutive -2- AHLER~ COO,~EY, DORWEILEIL HAYN~ $~411'1{ & ALLBEE, PC. twelve-month period adopted by the governing body or by law as the official accounting period of the System. Requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year. Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System. ~ "Inde of Certified Auditor" shall mean an independent firm [c Accountants or the Auditor of State. "Issuer" Iowa. "City" shall mean the City of City, ~ "Net Reven~ rentals, lease and parking charges of current expenses; include (1) for all reasonable and necess repairing and insuring costs and materials and s~ parking meters, the repair salaries and wages of meter collection personnel; shall mean gross earnings fees, overtime kind of the system rrent expenses" shal ~treet parking fac :ost of operati] facilities ~lies; (2) ~nd repl~ fees, deduction and the maintaining, es, wages, all on-street of parking meters, repair and ~ "Notice of Sale" shal mean the official Notice of Sale as published on March , 1995; ~ "Original Purchase" s] ll mean the.purchaser of the Bonds from Issuer at t~time ( ktheir original issuance. ~ "Parity Bonds~Wshall mean ~able Parking System Revenue Bonds payab~ solely from ~ Net Revenues of the System on an equal/basis with the [ds herein authorized to be issued; and sh~11 include "A, ,nal Bon~s" as authorized to be issued un.d~r the terms of Resolution and the Outstanding Bopds; "Outstanding System Revenu~ Bonds dated November ssued in a%dordance with Resolutions adopted Noyember 4, 1985 and June 9, $970,000 of which bonds are still ou~ remain a..lien on the Net Revenues of the ~/ "Participants" shall mean those and o~her financial institutions for which securities depository; / shall mean the Parking 1985 and June 1, 1992, p. 85-316 and 92-166, , $195,000 and and unpaid and ;stem. ~lers, banks holds Bonds as Bonds; or (b) 10 percent of the stated principal amount of the Bonds and Parity Bonds (for issues with original issue discount the issue price as defined in the Tax Exemption Certificate shall be substituted for the stated principal amount). ~ "System" shall mean the parking revenue system of the City including "off-street parking" as hereinafter described and "on-street parking" including parking meters located on and along the '~ity's streets and all ~roperties c ~ired or to be acquired~from revenues of the system or made a part thereof by CounCil resolution. For purposes of t .s ~esolution and u~less amended by the City Council the system is presently up and comprised of the Three (3) parking ramps (1,975 )aces), seven (7) lots (440 spaces) and on~street parking meters, 3,285 spaces. e "Treasurer" other officer as shall responsibilities 5h the Bonds issued 11 mean the City ucceed to the to the or such duties and g and payment of ~ "Yield Restricted shall at a yield that is not the Bonds under section 148 or regulations issued thereui the required to be invested than the yield on Internal Revenue Code Section 2. Authority. Th Resolution shall be issued pure the City Code of Iowa, and in provisions of the Constituti~ and authorized by this Division V, Chapter 384; ~ce with all applicable of the State of Iowa. of Section 3. Authoriza and ~se. There are hereby authorized to be issued [al, fully registered Revenue Bonds of Iowa C~ in the of Johnson, State of Iowa, Series 1995, in aggregate of $ for the purpose of paying cos of refunding outs~ Series 1985 Parking System Bonds of the City. Section 4. of Payment. The herein authorized and Parity Bonds the interest thereon sha be payable solely and only out of le net earnings of the S lnd shall be a first lien on t future net revenues of the S~ The Bonds shall not be leral obligations of the Issuer nor shall they be payable in manner by taxation and the Issuer shall be in no manner liabl by reason of the failure of the said Net Revenues to be suffici~t for the payment of the Bonds. / / -6- DOR~'£1LEB, HAYNIF,, $.~lITH & ALLBEE, ~C. Section 5. Bond Details. Taxable Parking System Revenue Bonds of the City in the amount of $ shall be issued pursuant to the provisions of Section 384.83 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "TAXABLE PARKING SYSTEM REVENUE BOND", be dated April 1, 1995, and bear interest from the date thereof, until payment thereof, at the office of the ~gying Agent, said interest payable on January 1, 1996 and semiannually thereafter on the 1st day of July and January in each y, ear until maturity at the rates/hereinafter provzded. ! The Bonds shall be executed by the manu~ or facsimile signature of the Maxor and attested by the or facsimile signature of the City Clerk, and printed impressed with the seal of the City andshall be fully reg~ as to both principal and lnteres~ as provided in Resolution; principal, interest and premium, if any, shall bE /able at the office of the Paying Agent by mal%.lng of ache, to the registered owner of the Bond. The Bonds sha%l be in denomination of $5,000 or multiples thereof. follows: Said '~onds mature and bear interest as Interest'-,. Principal Maturity Rate Amount July 1st 1996 1997 1998 1999 2000 2001 2002 2003 Section 6. redemption prio] 0tion. The maturity. are not subject to Section registered i~ of semiannua & Co. shall equivalent interest pursuant / DTC - Registration name of Cede & Co., interest for any Bond made by wire transfer or day funds to the date for the Bonds at the Representation Letter. All of the Bonds shall be nominee for DTC. Payment in the name of Cede York Clearing House or Df Cede & Co. on the address indicated in or S~6tion 6.2. The Bonds shall be 11y issued in the form of separate single authenticated fully reg bonds in the ? amoun.t of each separate stated maturity of the Bonds. Upon ini~al issuance, the ownership of such Bonds shall be registered in'the registry books of the City Controller kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or -7- A}ILE~ C00N£Y. DORW~II~R, H^'f~IE, $),11TH & ALLI)EL PC, REPORT OF BIDS IOWA CITY, IOWA $2,505,000 Taxable Parking System Revenue Bonds March 28, 1995 100 Court Avenue, Suite 215 Des Moines, IA 50309 515/282-6138 FAX 5151282-0252 TO: Mayor, City Council and Administration City of Iowa City, Iowa FROM: David M. Dirks EVENSEN DODOE, INC. SUBJECT: $2,505,000 Taxable Parking System Revenue Bonds Today, March 28, 1995, the sealed bids tabulated below were received, opened and reviewed. The bids reflect and are indicative of the current conditions in the tax- exempt market. BIDDER Griffin, Kubik et al Dain Bosworth Fidelity Capital Kemper Securities Nike Securities Cronin & Co. Juran & Moody ADDRESS $ NIC {%) NIR Chicago 9_84.575.31 ~7 Minneapolis 996~648.75 7.6247 Chicago 1,006,480.00 7.69995 Chicago 1,012~292.25 7.7444 Chicaqo 1,012~584.55 7.7466 Chicago 1,020,042.20 7.8037 Chicago 1,023,160.00 7,8275 ": '"~; WE RECOMMEND AWARD TO: .:. Griffin, Kubik, Stephens & Thompson, Inc. Thank you for the opportunity to be of service to the City. We are available to answer any questions you may have on this or any other issue in the fitture. CITY OF IOWA CITY, IOWA $2,500,000 Parking S,ystem Revenue (Taxable) Bonds Series 1995 Sale D=ate: March 28, 1995 PRELIMINARY REFi./~NDING TRANSACTION ANALYSIS SOURCE,~} AND USES OF FUNDS SOURCES OF FUNDS Par Amount of Bonds Projected Investment Earnings Accrued Interest Total Sources of Funds $2,500,000.00 $24,500.00 $12,281.17 $2~536,781.17 USES OF FUNDS Cost of Redemption: Par Amount of 1985 Bonds Redemption Premium Est. Costs of Issuance Underwriter's Discount ($8/$1,000) Accrued Interest Misc. (Rounding) Total Uses of Funds SAVINGS SUMMARY TOTAL DEBT SERVICE SAVINGS Total Savings as a % of Refunded Par Amount PRESENT VALUE OF DEBT SERVICE SAVINGS PV Savings as a % of Refunded Par Amount Prepared by Evensen Dodge, Inc. 03/28/95 $2,470,000.00 0.00 $32,000.00 $20,000.00 $12,281.17 $2,500.00 $2,536,78! .1~ $247,833.05 10.03% $184,043.71 7.45% NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of bonds of the City of Iowa City, Iowa, will be received at the office of the City Manager, in the City of Iowa City, Iowa (the "Issuer") at 12:00 o'clock Noon, on the 28th day of March, 1995. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the bonds will be held at the Council Cham- bers, Civic Center, 410 E. Washington Street at a meeting of the City Council on the above date at 7:30 o'clock P.M. The Bonds: The bonds to be offered are the following: CORPORATE PURPOSE GENERAL OBLI- GATION BONDS, in the amount of $8,500,000, to be dated April 1, 1995 (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a state- ment of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240-1826 -- Tele- phone: (319) 356-5000, or the City's Financial Consultant, Evensen-Dodge, Inc., 601 2rid Avenue South, Suite 5100, Minneapolis, MN 55402 -- Telephone: (612) 338-3535. Terms of Offerinq: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said bonds will be sold subject to the opinion of Ahlers, Coohey, Dorweiler, Haynie, Smith & Allbee, P.C., Attor- neys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or state- ments made or furnished in connection with the sale, issuance or marketing of the bonds. The opinion will be printed on the back of the bonds. Riqhts Reserved: The right is reserved to reject any or all bids, and to waive any irregu- larities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. City ~;lerk of the City of Iowa City, Iowa ~?r.h 28 , 1995 The City Clerk of Iowa City, Iowa, met in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 12 o'clock P.M., on the above date, to open ~ealed bids rscs'~and to ref-~r the sale of the bonds to the best and most favorable bidder for cash, s%~bJect to approval by the City Council at 7:30 o'clockP.M. on the above date. .' The following persons were present at said meetins: Marian Karr, City Qlerk; Kevin_O'Mall~¥, AcUn~_ Finance Director; Cyndi Sheets, Finance Secretary; Dave Dirks, Evensen Dodqe Inc; Jeff Barta, ~,bsent: None -1- This hein9 the time and place for the opening of bids for the sale of $B,$00,000 Corporate Purpose Oeneral Obligation Bonds, the meecing was opened for the receipt of bide for the bonds. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address Bidder Harris Trust Hutchinson et al Fidelity Capital Markets Nike Securi ties Firstar Bank Dean Witter First Chicago Griffin Kubik et al of Bidd~r~: Address ($)NIC (%)NIR Chicago 2,912,288.12 5.1465 Chicago 2,929,809.17 5.17756 Chicago 2,938,792.13 5.1934 Lisle, IL 2,958,019.22 6.2274 Milwaukee 2,968,892.96 5.2466 Chicago 2,975,061.30 5.2575 Chicago 2,977,625.27 5.2620 Chicago 3,021,403.33 5.33942 Whereupon the Clerk declared the time for filing of sealed bids to be closed. Whereupon, the Clerk declared the sealed bids be opened. The sealed bids were opened and the best sealed bid was as follows: Name & Address of Bidder: Harris Trust & Savings Bank of Chicago Net Interest Rate: Net Interest Cost: 5,1465% $2.912.288.~ Whereupon, all bids were referred to the Council for action in accordance with the Notice of Sale. -2- March 28 , 1995 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock 3_.M., on the above date. There were present Mayor Horowitz , in the chair, and the following named Council Members: Baker, Horowitz, Kubby, Lehman, Novtck, Pigott, Throgmor ton Absent: Nnne -3- ,~4 LE:P,& (D~NEY, DO RWF~LF, R, HAYNI~, $~HI~1 & ALLBEE, Novick introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $8,500,000 CORPORA%~ PURPOSE GENERAL OBLIGATION BONDS," and moved its adoption. Baker seconded the motion to adopt. ~"ne roll was called and the vote was, AYES: Kubbv. Lehman. Novick, Thro~morron, Baker, Hnrmwitz NAYS: None Whereupon, adopted: the Mayor declared the following Resolution duly Res. No. 95-62 RESOLUTION DIRECTING SALE OF $8,500,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $8,500,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS: Bidder: Harris Trust & Savinqs Bank of Chicago the terms of said bid being: Price of $8,432,060. Interest rates of 4.80; 4.875; 5.00; 5.10 and 5.125 percent for 1996 throuqh 2007 maturities. Net interest rate is 5.1465%. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. -4- Section 3. That the notice of the sale of the bonds hereto- fore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this f~ day of bl~,a~c~ , 1995. ATTEST: M~yor -5- 03/20/95 18:o9 Section 2. ~e '~$15 248 2149 ~{u.{ZRS LA~V FIRld { L~v~ and Ce~tifi_catlon of iu. unual Tax~. O~-h~.r Funds (a) ~_ of a~%~1 T~. ~t for the ~d~e ~ pro~d~ ~ to pay ~.pr~eip~ ~ ~t~e~ of~ ~ Bon~ h~e~after autho~ to :be isSUe, ~e~-~ ~ !e~ for-e~ ~ ~ the follow~ d~ect ~ t~ on ~1 of ~e ~w~hle ~p~ ~ I~ ~, I~, t~-~t: FIS~ ~ (~Y. 1 ~ uu~ 30) AMOUNT $1,204,992 $1,100,199 $1,065,586 $1,030,087 $ 994,586 $ 959,086 $ 923,586 $ -888,087 $ 847,586 $ 812,336 $ 777,086 $ 74i, 1996/1997 1998/1999 2ooo/2ool 2001/2002 2002/2003 oo4/2oo5 oo / oo6 oo6/ oo (NOTE: For ~ple the levl; r.O be ~ ~n.d a~-.!n~t the taxable ~zio~ of J~ 1, 1995, wi~ be eol!eet~ d~n~ ~e fis~ y~ e~c~g J~y 1, 1996 (b)' Resolut~ t6 ~ ~. Wi~ ~ty Auntoff' A c~ified c~ of ~s Resoluti0D Sh~d be fil~ ~- ~ty ~tor of J~on Co~, Ion, ~d s~ ~tor ~ses~, a~ ~ t~ so le~ed in ~d for ea~ of ~ ~ioipation of s~d t~, ~d for ~o o~ ~00~ -9- 03/28/~ iO:Z0 ~$15 243 2~4~ AHLBRS LAW FIRId ~004 The Bonds ~h~u1 be exec~te~ by the facsimile. ~e se~ of ~ Cizy ~nd shall be ~ly r~~ pr~cip~ ~,d ~es~ ~ p~d ~ tbJ. s Resol~ti~; p~cipal., ~tersst ~nd D~, ~ ~y, Sh~l ~ ~e ~IS a~ ~be office of ~e 2a~ A~ ~ ~ of a r~J~st~ ~ of the ~nd. ~ ~ d~tion of $5,000 or ~,]~es ~er~f. ~ a~_ hear ~te~st as roll,s: Interest ~ri~cipal ' Maturity Rate A~ou~t J~ne l~t 4. 800'% $710,000 1996 4.875% 710,000 1997 5.000% 710,000 1998 5.000% 710,-000 1999 5.0o0% .710,000 2000 5.000% 710,000 2001 5.000% 7~0,000 20~2 5-000% 7%0,000 2003 5.000% 705,00Q 2004: 5.0004 705,000 2005 5.100% 705,-000 2006 ; ~.12~% 70~, 00o 2007 .: . be ~1 ]ed for ~tlo~ ~ ~ :I~ and p~d b~ef~re mat~ty on said ~te or ~ny ~te hb~afber, 'f~ ~ ~ ~1, to the r~t~ ~er of ~e B~d. ~e ~i~ of r~e~tion ~h~I be p~, pl~ ac~ ~t~est ~0 ~e o~ ~11. b~ds to ~ r~ ~tll ~e tot~ ~o~t of Bdud~ to be 8ectio~ 6.1. DTC - R~strat{om. ~1 of ~ B~ ~5~1 be a CO. s~l be made ~ wi~ t~f~.[or ~e~ Xork ~g ~use o~ ~~t ~ day ~ ~o ~ ~t of ~e & Co. o~the p~usmt to ~e Rep~~o~ Lett~. - Council Member Novick moved that the fom of Tax Exemption Certificate be placed on file and approved. Throgmorton seconded the motion. The roll was called and the vote was, AYES: Lehman, Nov]ok, P~gorr, Thrngmnrrnn, Bakor, Unrnw{r?, ~ubby NAYS: None Council Member Kubbv introduced the following Resolution entitled "RESOLUTION AUTHORIZING ~ PROVIDING FOR THE ISSUANCE OF $8,500,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Pigotr seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: l.~hmnn, N~x, Jck, P~gott, ThroEmorton, NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Res. No. 95-63 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,500,000 GENERAL OBLIGATION BONDS ~ LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the construction, reconstruction and repairin§ of street improvements; the construction, reconstruction, extension, improvement and equipping of a sewage treatment plant and sanitaz7 and storm sewers; the reconstruction and improvement of waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits from floods or high waters and the reconstruction, improvement and repair of the waterworks, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $2,260,000 be issued for said purpose; and -6- WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of the Bonds; and WHEREAS, the City is in need of funds to pay costs of the construction and equipping of soccer recreation fields, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $240,000 be issued for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of bonds for general a corporate purpose in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following following meanings in this Resolution unless by necessary implication requires otherwise: terms shall have the the text expressly or (a) "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee; (b) "Bonds" shall mean $8,500,000 General Obligation Bonds, authorized to be issued by this Resolution; -7- AHI~B.% COOLEY. DORWEILER. HAYNIL $1ilTH & ALLBEE. (c) "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds; (d) "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York; (e) "Issuer" and "City" shall mean the City of Iowa City, Iowa; (f) "Notice of Sale" shall mean the official Notice of Sale as published on March 15 , 1995; (g) "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository; (h) "Paying Agent" shall be the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein ~s Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due; (i) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the pro- ceeds of the Bonds; (j) "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate; (k) "Registrar" shall be the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds; (1) "Representation Letter" shall mean the Blanket Issuer Letter of Representations from the Issuer to DTC, respect to the Bonds; with (m) "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds; and (n) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. -8- Section 2. Levy and Certification of Annual Tax: Other Funds to be Used. (a) Le~-f of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to-wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: $1,204,992 1995/1996 $1,100,199 1996/1997 $1,065,586 1997/1998 $1,030,087 1998/1999 $ 994,586 1999/2000 $ 959,086 2000/2001 $ 923,586 2001/2002 $ 888,087 2002/2003 $ 847,586 2003/2004 $ 812,336 2004/2005 $ 777,086 2005/2006 $ 741,132 2006/2007 (NOTE: For example the le%~; to be made and certified against the taxable valuations of January 1, 1995, will be collected during the fiscal year commencing July 1, 1996 (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, -9- AHLER.~ (]]ONEY. DOR~]~ILER. HA~IE, $1{i'TH & ALLBEE. PC. all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1995 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 1993 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $8,500,000, shall be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated April 1, 1995, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 1995, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. -10- The Bonds shall be executed by the facsimile or manual signature of the Mayor and attested by the facsimile or manual signature of the Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 4.800% $710,000 1996 4.875% 710,000 1997 5.000% 710,000 1998 5.000% 710,000 1999 5.000% 710,000 2000 5.000% 710,000 2001 5.000% 710,000 2002 5.000% 710,000 2003 5.000% 705,000 2004 5.000% 705,000 2005 5.100% 705,000 2006 5.125% 705,000 2007 (b) Redemption. Bonds maturing after June 1, 2002, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of Bonds to be called has been reached. Section 6.1. DTC - Registration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. -11- AHL~ OX)N£Y, DOR~{I~B. HAY~{iE, $111TH & ALI~£{~, ~ Section 6.2. The Bonds shall be nltlally issued in the form of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be eglstered r ' in the registry books of the City Controller kept by the Paying Agent and Registrar in the name of Cede & Co. as omlnee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption nrice of ~ ~ ~,~u~sn on the Bonds, selecting the Bonds or portions thereof to be redeemed. ivln an notice permitted or re~,ired to ~- -: .... ' g ' g Y ~- ~= ~ven no registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and either the Paying Agent and Registrar nor the n ' Issuer shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obli9ation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bollds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer,s obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of p lnc~pal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.7 hereof. Section 6.3. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the Issuer may notify DTC and the Paying A~ent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with Section -12- AH~RS. COONflY, DOR~zILIiR. HAYNIL 6.7 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with Section 6.7 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. The execution and delivery of the Letter of Representations to DTC by the Issuer, in the form presented at this meeting with such changes, omissions, insertions and revisions as the Mayor shall deem advisable is hereby authorized and execution of the Blanket Issuer Letter of Representations by the Mayor, shall be conclusive evidence of such approval. The Blanket Issuer Letter of Representations shall set forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. Section 6~7. In the event that any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6~8. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said Bonds, certified copies of such proceedings, ordinances, resolutions and -13- records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits and other instruments so furnished, including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 7. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery: and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. -14 - AHL~ OOONE¥, DOR~£{LEI~ HAYNIE, SMI]'H & ALLB££, P.C. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. -15- AHLE~ CO0,~EY, DORW£1LER. HA~{E, SMITH & ALLBEE, P~ Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the 9bligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -16- AHLER~ C00NEY, DOR~/~LE~ HA~. $~,m'H & ALL~EE, ~ Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: / /-- / / / / / / I I I I I I I I I I I I I I I I I I I I I I I I I I I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII (6) (6) (7) (8) (1) (2) (3) (4) (5) (9) (ga) (10) (continued on the back of _(11) (12)(13) (14) this Bond) (i5) IIIIII!1111111111111111111111111111111111111111111111111111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I FIGURE 1 (Front) (10) (Continued) (16) (17) FIGURE 2 (Back) The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, fi9~re 1 = "STATE OF IOWA" "COIINTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "CORPORATE PURPOSE" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: April 1, Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, finD/re 1 = Principal Amount: $ 1995 Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLL~S in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 1995, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest palzment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of a sewage treatment plant and sanita~y and sto~nn sewers; the reconstruction and improvement of waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits from floods or high waters; the reconstruction, improvement and repair of the waterworks; and the construction and equipping of -19- AHL~P~ O~ON~, DORWEIL~R. HAYNI~ $~ffH & ALLBEE, P~ soccer recreation fields, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2002, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for -20- AHLEP, f COONEY, DOI~£11ZR, HAY~IF~ ${HIH & AIiS£~ PC. the prompt payment hereof, total indebtedness of the exceed the constitutional both principal and interest; and the Issuer including this Bond, does not or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, fi91~re 1 = Item 12, figure 1 = Date of authentication: This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CON~ROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure Item 15, figure 1 = (Seal) 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (manual signature) Mayor ATTEST: By: (manual siqnature) City Clerk Item 16, figure 2 It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. (manual siqnature) City Clerk [Opinion of Bond Counsel] -21- AH~P,~, C~ONgY, I]OR~,'F, ILilR, HAYh'I~, $FdTH & ALLBE~ ~ Item 17, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE GUARANTEED IMPORTANT - READ CAREFULLY The szgnature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlarge- ment or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. -22- AHLER~ CO0~Y, ~ORWEIL~R, HAY~ $~,lrl*H & ALL~EE, if_ The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as TEN ENT - as JT TEN - as as tenants in common tenants by the entireties joint tenants with right of survivorship and not tenants in common IA UNIF TRANS MIN ACT - .......... Cusnodian .......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS M3IY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 14. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the require'ments of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. ~23 - AHLERS, COON£Y, DOR~EILER, HAYNIE. $~11TH & ALLBEE, Section 16. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED ~ APPROVED this ~ ~ day of ~3~_ , 1995. Mayor ATTEST: c10714039\4[.fin -24- REPORT OF BIDS IOWA CITY, IOWA $8,500,000 General Obligation Bonds March 28, 1995 100 Court Avenue, Suite 215 Des Moines, IA 50309 5151282-6138 FAX 515/282-0252 TO: Mayor, City Council and Administration City of Iowa City, Iowa FROM: David M. Dirks EVENSEN DODGE, INC. SUBJECT: $8,500,000 General Obligation Bonds Today, March 28, 1995, the sealed bids tabulated below were received, opened and reviewed. The bids reflect and are indicative of the current conditions in the tax- exempt market. BIDDER Harris Trust Hutchinson Shockey ADDRESS $ NIC Chicago 2,912,288.12 5.1465 Chicaqo 2,929~809.17 5.17756 Fidelity Capital Chicaqo 2,938,792.13 5.1934 Nike Securities Chicago · 2,958,019.22 5.2274 Firstar Bank Milwaukee 2,968,892.96 5.2466 Dean Witter Chicaqo 2,975~061.30 5.2575 1st Chicaqo Chicaqo 2,977~625.77 Griffin Kubik Chicago 3,021,403.33 WERECOMMEND AWARDTO: Harris Trust of Chicago Thw~kyoufor fl~e oppormni~tobe ofservice ~ ~e Cid. answerm~ que~ionsyoumayhave on th~orat~ otheris~ein&efuture. 5.2620 5.33942 We are available to Comparable Financings Iowa City, Iowa Delphis Hanover Saydel CSD, IA Northeast CSD, Issuer. Iowa City, lA Scale (Aaa) IA Amount: $8,500,000 $5,000,000 $4,100,000 Type: General General General Obligation Obligation Obligation Sale Date: 3/28/85 3/27/95 3/27/95 3/27/95 Rating: Aaa (Moody's) AaaJAAA. Aaa/AAA (Moody's/S&P) (Moody's/S&P Bank Qualified: No Yes Yes Tax. Exempt: Yes Yes Yes Term: 1996-2007 1996-2007 1996-2015 1996-2015 Yield: Yesrs: 1996 4.40 4.40 4.60 4.40 1997 4.50 4.55 4.70 4.60 1998 4,60 4.65 4.80 4.70 1999 4.70 4.75 4.90 4.80 2000 4.80 4.85 5.00 4.90 2001 4.90 4.95 5.05 5.00 2002 5.00 5.05 5.15 5.10 2003 5.10 5.10 5.25 5.20 2004 5.15 5.15 5.35 5.30 2005 5.20 5.25 5.40 5.30 2006 5.30 5.35 5.50 5.40 2007 5.40 5.45 5.60 5.50 Iowa City, IA $2,505,000 Parking Revenue (Taxable) 3/28/95 A (Moody's) No No 1996-2003 6.55 6.95 7.05 7.25 7.35 7.45 7.55 7.66 Mass. Health Ed. Facilities $8,000,000 Revenue (Taxable) 3/22/95 A (Moody's) NO No 1996-2004 7.70 7.82 7.90 8.01 8.1t 8.17 8.25 The Bonds shall be executed by the facsimile or manual signature of the Mayor and attested by the facsimile or manual signature of the Clerk, and printed or impressed with the seal of the City and shall be fully/~egistered as to both principal and interest as provided in this Resolution; principal, interest and premium, if an~, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and. bear interest as follows: Interest Principal Maturity Rate Amount June let $710,900 710 000 710 000 71.0 000 710 000 710 000 ~10 000 :710 000 / 705 000 705 000 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 ,/ 705 000 2006 /." 705.000 2007 (b) Redemption. Bonds maturing after June 1, 2002, may be called for redemption by the Issuer and paid before maturity on said ~te~or any date thereafter, from any funds regardless of source, \in whole or from time to time in part, in any order of ~aturi~y and within an annual maturity by lot by giving thirt~ days' ~otice of redemption by registered mail, to the registered\owner of the Bond The terms of redemption sha~l be par,~plus accrued interest to date of call. ,/ . _ ~. If selegtion by lot w~thin a maturity is required, the Registrar s~11 by random ~ection of the names of the registered ~wners of the entire annual maturity select the bonds to be' redeemed until t~e total amount of Bonds to be called has;been reachedI ~ Section 6.1. DTC - RegistratiOn. All of the Bonds shall be registered in the name of Cede & Co.\( as nominee for DTC. Payment of semiannual interest f~r any Bond ~egistered in the name of Cede & Co. shall be made by wire transfer 9r New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. AHLERI COONEY, ~ORW£1L£~. liAYNIE, $MIDI 6' ALLBEE. P~ Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to-wit: \ FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT ~ YEAR OF COLLECTION: $ $ $ $ $ $ $ \ $ $ 1995/1996 1996/1997 1997/1998 1998/1999 1999/2000 2000/2001 // 2001/2002/ 2002/200'3 2003/2~4 2004~005 200512006 200~/2007 (NOTE: For example the levy to be made and certified against the taxable valuations,of January 1, 1995, will be collected during the fiscal year commencing July 1, 1996 '~ (b) Resolution to be Filed ~ith County Auditor. A certified copy of this Resolution Should be filed with the County Auditor of Johnson County, I~wa, and said Auditor is hereby instructed in and for each of\the years as provided, to levy and assess the tax hereby au6horized in Section 2 of this Resolution, in like manner as ot~er taxes are levied and assessed, and such taxes so levied in ~nd for each of the years aforesaid be collected in like m~nner as other taxes of the City are collected, and when collec(ed be used for the purpos? of paying principal and interest~on said Bonds issued in anticipation of said tax, and for no Ogher purpose whatsoever. . ~ (c) Additional City Funds Available. ~ Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the sam~ shall be promptly paid when due from current funds of lhe City available for that purpose and reimbursement ~all be made from such special fund xn the amounts thus adv~ced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, -9- AHLER.% C00NE¥, DORWEILE~, I{^YNIE, $SIITH & ALLBEE. if. RESOLUTION NO, 95-64 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY RIGHTS FOR FUTURE HOUSING CONSTRUCTION. WHEREAS, the City of Iowa City, unlike most communities, owns almost no vacant land; and WHEREAS, it is the City Council's policy to provide diverse housing opportunities for all Iowa City residents; and WHEREAS, the property owner wishes to sell property south of Napoleon Park adjacent to the proposed Wastewater Treatment Connection Property; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council finds it is in the public interest to acquire property for the future construction of housing. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights for the construction of housing. In the event negotiation is successful, the City Attorney is directed to carry out all actions necessary to consummate said acquisition, and the Mayor and City Clerk are hereby authorized to execute the appropriate documents, as approved by the City Attorney, for recordation in the Johnson County Recorder's Office, at the City's expense. Passed and approved this _ 28th day of )[arch ,1995. ATTEST: CITY'CLERK ppdc(Ibg~acquls res HAYOR " (.-) ._._APk..~e. d bY ""~""---Y -- . t; Resolution No, 95-64 Page 2 It was moved by ~ovi~{~ and seconded by pi~.ott~ be adopted, and upon ro~m call there were: AYES: NAYS: ABSENT: X X X X --X X ~Y the Resolution Baker Horowitz Kubby Lehman Novick Pigott Throgmorton City of Iowa City MEMORANDUM Date: March 20, 1995 To: City Council and City Manager From: Marianne Milkman, Community Development Coordinator Re: Purchase of Vacant Land for Housing With the price of land in Iowa City continuing to rise, we have been able to acquire only two infill lots during the past three years to provide additional housing opportunities. We have therefore started looking at the possibility of acquiring unimproved vacant land within the city limits. There is currently an opportunity to acquire such land south of Napoleon Park. This property is currently zoned ID-RM, since it at present has no sewer or water services. These services will become available in the next two-three years. Meanwhile, if the land is purchased, it will then need to be zoned and plans made as to the nature of the future housing and its financing and management. In 1992, the City Council set aside $75,000 for the purchase of infill lots. To date, $18,500 of this money has been used. However, we expect to recoup most of that when the property on Fifth Avenue is sold. We are suggesting that part of the $75,000 could be used for purchasing approximately four acres of undeveloped property at this time. RESOLUTION NO. 95-65 RESOLUTION ADOPTING THE BYLAWS OF THE IOWA CITY BOARD OF APPEALS, WHEREAS, the Bylaws for the Board of Appeals were last approved by City Council on February 15, 1977, and WHEREAS, the scope of responsibilities and qualifications for membership for the Board have changed recently, and WHEREAS, the Board wishes to adopt new Bylaws to reflect and incorporate these changes, and WHEREAS, the City Council Rules Committee has reviewed and supports these new Bylaws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Bylaws of the Iowa City Board of Appeals as attached hereto are approved as to form and content and are hereby adopted. Passed and approved this 28th day of March , 1995, lylAYOR Approved by '-'City Attorney's Office It was moved by Pigott and seconded by adopted, and upon roll call there were: Throgmorton AYES: NAYS: ABSENT: x x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be BY-LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Re.qular Meetin.qs. Regular meetings of this Board shall be held on the first Monday of each month, Section 2. Special Meetinqs, Special meetings of the members may be called by the Chair- person or the Building Official. Section 3. Place of Meetinqs. Regular meetings shall be held in a facility accessible to people with disabilities, Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least 24 hours before a meeting is held including special meetings, All notice requirements and meetings shall conform to the provisions of the State Open Meetings Law. Section 5, Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies., There shall be no vote by proxy, Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion, ARTICLE II. MEMBERSHIP Section 1. Membership. The Board of Appeals shall consist of seven (7) members. All Board members must be eligible electors of Iowa City. The Board shall include at least one licensed electrician, one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional. The remaining members shall be qualified by experience and training to pass on matters pertaining to building construction. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Buildin¢l Official. The Building Official shall act as secretary to the Board. 2 Section 3. Nomination. The City Council shall appoint members to the Board as vacancies Occur, Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to remove the member from the Board, and to appoint a new member. Section 6. Resiqnations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letterof resignation to the City Council. Vacancies occur- ring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICLE III, OFFICERS Section 1. Number.. The officers of this Board shall be a Chairperson and Vice-Chairperson, and each shall be elected by members of the Board. Section 2. Election and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson, The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time, Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of the Chair- person's death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson. When so acting, the Vice-Chairperson shall have all the powers and be subject to all the restrictions as those resting with the Chairperson. ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1. ~.qenda. The Chairperson or a designated representative, together with appropri- ate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. 3 Secuon 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetinqs. The Board Chairperson or designated represen- tatives are to be in attendance at City Council meetings, including informal sessions, when necessary to discuss, present, or explain matters pertaining te the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTICLE V. DUTIES AND AUTHORITY Section 1..D.u;ties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes. The Board shall also hear evidence and decide upon the appropriateness of proposed alternate materials and methods of construction to those prescribed by the aforementioned codes. The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. Appeals. All appeals and requests for use of alternate materials or methods of construction shall be in writing and shall be directed to a specific staff decision or code requirement. Board consideration shall be limited to said specific item. Hearings shall be held within thirty (30) days of the receipt of a written appeal or request, unless both the appellant or applicant and the chairperson agree to a continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons for the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. Limitations of AuthoriW. The Board shall have no authority relative to the interpre- tation of the administrative provisions of the codes under their jurisdiction nor shall the Board be empowered to waive specific requirements of the Building, Electrical, Plumbing, Mechani- cal, Dangerous Buildings or Fire Codes. 4 ARTICLE Vl. FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome .of the hearing does not provide compen- sating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE VII. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is pr.esent. Upon approval by the City Council, such by-laws shall take force and effect. BY-LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Reqular Meetinqs. Regular meetings of this Board Monday of each month. be held on the first Section 2. Special Meetinqs. Sp~ cial meetings of the person or the Building Official. may be called by the Chair- Section 3. Place of Meetings. Re.~ ar meetin, with disabilities. facility accessible to people Section 4. Notice of Meetinq. Notk and agend. to all Board members and the press. otice to 24 hours before a meeting is held meetings shall conform to the provislo egular meetings shall be distributed members and to the media shall be at least meetings. All notice requirements and te Open Meetings Law. Section 5. Quorum. A majority of the meeting. A majority of votes decisive of any motion or election. ~bers of the Board shall constitute a quorum at any meeting at which a quorum is present shall be Section 6. Proxies. There si~...e Section 7. Public Discussior). Time shall open public discussion./ ARTICLE II. / / MEMBERSHIP / / Section 1. Men)l~ership. The Board of Appe~ Board members/must be eligible electors of Iowa by proxy. made available during all regular meetings for The Board sh~11 include at least one licensed professional, One representative from the Home Builders Association of Iowa City, and one building design professional. The remaining members shall be qualified by expsrience and training to pass on matters pertaining to building construction. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. shall consist of seven (7) members. All but not regular employees of the City. one licensed plumber, one HVAC Section 2. Buildinn Official. The Building Official shall be an ex officio member and shall act as secretary to the Board, but shall have no vote on any matters before the Board. Section 3. Nomination. The City Council shall appoint members to the Board as vacancies occur, Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to remove the member from the Board, and to appoint a new member. Section 6. Resignations & Vacancies. If ar the Board, the member shall send a letter of ring in the Board, other than by expiration term unless the remainder of the term is would be appointed for the remainder s no longer willipg or able to serve on · 'signation to the City Co Vacancies occur- of office, shall for the unexpired months or less in case a replacement unexpired term pl full term. ARTICLE III, OFFICERS Section 1. Number. The officers of this Boar~ and each shall be elected by members of the a Chairperson and Vice-Chairperson, Section 2. Election and Term of Office. ThE at the first regular meeting of each calend[ ers of this Board shall be elected annually Section 3. Vacancies. A vacancy in ei unexpired portion of the term. hall be filled by a member elected for the Section 4. Chairperson. The Chai members, appoint committees, Chairperson, together with time. as me, n present, preside at all meetings of the and in general perform all duties of the ~e prescribed by members from time to Section 5. Vice-Chair person's death, inability c Chairperson. When so to all the restrictions a.~ In the absence of the C irperson, or in the event of the Chair- ~ act, the Vice-Chair erson shall perform the duties of the the Vice-Chairperson have all the powers and be subject ~g with the Chair[ ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1. A.qenda. The Chairperson or a designated representative, together with appropri- ate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. 3 Section 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its dispos Section 4. Attendance at Council Meetin.qs. The Board Chairpers designated represen- tatives are to be in attendance at City Council meetings, inclu( informal sessions, when necessary to discuss, present, or 3lain matters pertainin( the domain of the Board°s responsibilities. The Board Chair on is to receive Cour agenda prior to each Council meeting, and is to be otherwise d of meetings Board business. Section 5. Annual Report. An annu~ prepared by the Chairperson, approved end of each fiscal year. )ort, detaili the activities of the Board, shall be )mitted to the City Council at the ARTICLE V. DUTIES AND AUTHORITY Section 1. Duties. The Board of A hear and decide appeals of orders, decisions or determinations made by the application and interpretation of the Iowa City Building, Electrical Me 4rig, Dangerous Buildings, Fire and Housing Codes, The Board shall also and ;cide upon the appropriateness of proposed alternate materials and metho/s of construction o those prescribed by the aforementioned codes. The Board shall also/review each new ~ ition of the model codes and prepare and recommend any local am?~tments to City Counc for adoption. Section 2. Appeals. All'appeals and requests fo~ ~se of alternate mater a s or methods of construction shall be i?' writing and shall be dire ,~.~ to a specific staff decision or code requirement. Board c~hsideration shall be li .mited to ¢¢d specific item Hearings shall be held within thirty (30) day/s of the receipt of a written ap e'~l or request, un ess both the appellant or applicant and th/~/ch. airperson agree to a continu Section 3. Decisle)ns. The decisions of the Board shall be in writing and shall state the reason or reasons for the' decision. The decisions of the Board of Appeals are the final decisions of the City. ( Section 4. Limitations of Authority. The Board shall have no authority relative to the interpre- tation of the administrative provisions of the codes under their jurisdiction nor shall the Board be empowered to waive specific requirements of the Building, Electrical, Plumbing, Mechani- cal, Dangerous Buildings or Fire Codes. 4 ARTICLE VI. FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of Council. Fees may be waived following request by the applicant if the Board the outcome of t~i~ hearing does not provide compen- sating financial relief to the applic~ ~nt and refunding of ~he fee is in the best interest of fairness and justice, ARTICLE VII. AMENDMENTS Section 1. These by-laws may be any regular meeting, or at a special present. Upon approval by the amended or repealed and new by-laws adopted at called for that purpose, providing a quorum is ncil, such by-laws shall take force and effect, RESOLUTION NO. 95-66 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2. WHEREAS, Streb Construction Co., Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $1,435,847.25 for the construction of the above~named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Streb Construction Co., Inc. of Iowa City, Iowa subject to the condition that awardee secure adequate performance bond, insurance certificate, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 28th day of March ,1995. CIT~ CLERK MAYOR Approved by C~ty~ney's~Of,' ~,. ~_~,_ .~'~'" It was moved by Lehman and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X x x Kubbv ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ADVERTISEMENT FOR BiDS THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 21st day of March, 1995, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chainbern at 7:30 P.M. on the 28th day of March, 1995, or at such later time and place as may then be scheduled. The Project will involve the following: 22,500 s.y. PC concrete, 67,700 s.f. PC sidewalk, 6,300 I.f. of various sized storm sewer, 43,470 c.y. class 10 excavation, and associated work. All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, P.E., City Engineer, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from lhe one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be lodeired to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents, Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a respon- sible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee Ihe maintenance of the improvement for a pedod of five (5) years from and after its completion and formal acceptance by the City. AF-1 The following limitations shall apply to this Project: Working Days: 150 days based on mandatory six-day work week Late Start Date: April 10, 1995 Liquidated Damages: $500 per day Incentive Pay: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at lhe O/rice of Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. A $25 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcon- tractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Civil Rights Specialist at the Iowa City Civic Center by calling 319/356-5022. By virtue o[ statutop/authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all propos- als, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 City of Iowa City MEMORANDUM TO: FROM: DATE: Steve Arkins Rob Winstead March 22, 1995 ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2 CONCERN Pedestrian and vehicular access to private property during construction of the Rohret Road project. BACKGROUND There are 18 houses on Rohret Road whose vehicular access will need to be interrupted to accommodate reconstruction of Rohret Road. The extent and length of time that vehicular access is interrupted will vary from house to house dipending on the particular construction operation and weather conditions. Pedestrian access will be maintained at all times via "all weather pedestrian walkways" constructed of rock through and across the construction site. The public hearing was held on February 28, 1995. Several residents of Rohret Road voiced their concerus about access. Council went on to approve the plans and specifications and instructed the residents to visit with staff regarding their concerns. A meetlug in the Engineering conference room was held ou Saturday, March 4, 1995 to further address the access issues. Sue Horowitz, Jim Throgmorton, Rick Fosse, Rob Winstead, and five (5) residents attended the meeting. Staff presented the measures which will be taken to provide for emergency response and minimize inconvenience to the residents. Those measures are briefly outlined below. One additional measure was added as a result of the Saturday meeting and is described in item C. Also discussed was the cost required to provide "all weather vehicular paths" outside the limits of construction. A $180,000 - $250,000 price tag made that option cost prohibitive. ACCESS MEASURES WORK CLOSELY WITH EVERYONE AND KEEP THEM INFORMED. Staff spends a great deal of time and effort to work closely with the police department, fire department, ambulance service, post office, utilities, refuse collection, school bus service, Weber School staff, and area residents regarding the details and progress of the construction project. We keep them informed via personal meetings, phone calls, flyers, press releases, letters, and door hangers. For instance, all emergency response agencies have copies of the applicable sheets in the construction plan set, such as detour routes, construction limits and phasing, house and driveway locations, and property owner names and addresses. We also plan to meet with the Fire Department twice a week to update our progress and plan for emergency situations. We are in the process of having City staff shirts made to help residents identify our inspectors on the job site. I of 2 March 22. 1995 Page 2 of 2 "ALL WEATHER PEDESTRIAN WALKWAYS" are included as a bid item to provide pedestrian access through and across the construction site. Certain construction activities (portions of the grading operation, storm sewer installation, and the pouring and curing of concrete) will require that south side residents park their vehicles on tire north side subdivision streets. A small rock surface parking area on tire undeveloped portion of Hunters Run subdivision will be iustalled to accommodate people on the west end. We also hope to have a temporary street light installed in this area to improve security. The rock walkways will allow residents to get across the construction site to their homes without walking through mud. We estimate that this item will total $7,800.00. "DRIVEWAY ACCESS" is included as a bid item as a result of the above referenced Saturday meeting. Titis item will require the contractor, at the end of each working day, to grade path(s) through the construction site to residential driveways suitable for vehicle passage. An "all weather" surface (rock) is not required due to cost. Driveway access will be maintained as much as reasonably possible, however, residents will be encouraged to use the alternate parking areas provided. This is a lump sum item and was bid at $15,006.00 by Streb Construction Co., the low bidder. EARLY COMPLETION MEASURES include: 1. Monday through Saturday work week with a tight allowance for completion time. A bonus of $500.00 for each day the project is completed ahead of schedule and liquidated damages of $500.00 for each day the project is completed behind schedule. 3. Specifying "quick-drying concrete" rather titan the standard "C-mix". Mainline pavement will be poured on a rock base with a subdrain rather than dirt to provide a stable base less susceptible to weather delays. This will also improve pavement durability. It is hard to quantify tire extra expense incurred by the City for items 1 - 4 above, but the rock base and subdrain alone is estimated to cost $130,000.00. The "DRIVEWAY ACCESS" discussed in item C. presents us with a challenge that we normally do not face on construction projects. We are inviting residents to enter into a construction zone in their personal vehicles, exposlug them to hazards not normally encountered (i.e. construction equipment, stored materials, and excavation trenches). Also, since "all weather" vehicle surfaces are cost prohibitive, the chances of landlocking their vehicles or getting them stuck due to muddy conditions caused by rain increases significantly. Residents will need to exercise good judgement as to when they can access their properties with their cars and when they should park them in the alternate parking areas. We will be faced with a difficult construction season, but every effort possible will be made to cotrstruct a quality project in a safe, timely, aid cost effective manner. cc: Chuck Scbmadeke Rick Fosse Ed McGinness RESOLUTION NO. 95-67 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEN1ENT WITH JOHNSON COUNTY, IOWA, FOR TEMPORARY USE OF PORTIONS OF MAIER AVENUE, A COUNTY ROAD, AS DETOUR DURING ROHRET ROAD RECON- STRUCTION PROJECT, PHASE 2. WHEREAS, the City of Iowa City has determined the necessity to close the City-maintained portion of Rohret Road in various segments, in order to allow the construction of the Rohret Road Reconstruction Project Phase 2, ("Project"), which will be from Irving Weber School to Mormon Trek Boulevard along Rohret Road; and WHEREAS, it is necessary to provide a detour for the construction site during the Project construction period, in order to protect the safety of persons and property in the surrounding areas; and WHEREAS, the City and Johnson County have negotiated an agreement concerning the detour along Maier Avenue, a Johnson County road; and WHEREAS, it is in the public interest to enter into an agreement setting forth the conditions and respective obligations of the parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement for temporary use of portions of Maier Avenue, attached hereto and made a part hereof, is in the public interest and is hereby approved as to form and content. The Mayor and City Clerk are authorized to execute said Agleement for and on behalf of the City of Iowa City, Iowa. Passed and approved this ?Rrh day of ~rch , 1995. CITY CLERK MAYOR / .Apprpved by ...f'---'/ City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X x x x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREENiENT BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA FOR TEIV]PORARY USE OF PORTIONS OF IV]AIER AVENUE, A COUNTY ROAD, AS DETOUR DURING ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2 This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation ("City") and Johnson County, Iowa ("County"). WHEREAS, the City of Iowa City has determined the necessity to close the City-maintained portion of Rohret Road in various segments, in order to allow the construction of the Rohret Road Reconstruction Project Phase 2, ("Project"), which will be from Irving Weber School to Mormon Trek Boulevard along Rohret Road; and WHEREAS, it is necessaryto provide a detour for the construction site during the construction period for the Project, in order to protect the safety of persons and property in the surrounding areas; and WHEREAS, the City and Johnson County have negotiated an agreement concerning the detour along Maier Avenue, a Johnson County road; and WHEREAS, it is in the public interest to enter into an agreement setting forth the conditions and respective obligations of the parties. NOW, THEREFORE, in consideration of their mutual promises herein, the City of Iowa City, Iowa, and Johnson County, Iowa, agree as follows: City has determined the necessity to close the City-maintained portion of Rohret Road, in various segments, in order to allow the construction of the Rohret Road Reconstruc- tion Project Phase 2, ("Project"), which is from Irving Weber School to Mormon Trek Boulevard along Rohret Road in Iowa City, Iowa. City and County agree that it is necessary to provide a detour for the construction site during the construction period of the Project, in order to protect the safety of persons and property in the surrounding areas. The City requests to use, and the County agrees to permit the City to use Maier Avenue, a Johnson County road, as a temporary detour during Phase 2 of the Project, and more particularly to use the foilowing-described roadway: Maier Avenue from the city limits line (approximately 1,000 feet south of Rohret Road) to State Highway No. 1, being approximately 1.2 miles in length. City and County agree that authorized engineers representing both the City and County shall jointly execute and sign a written report concerning the condition of the proposed detour, but only after jointly inspecting the detour area. City and County agree that said report shall be in sufficient detail to reasonably reflect the condition of the 2 roadway base, roadway surface and roadway shoulders prior to commencement of the detour use. 5. The City agrees as follows: To perform any necessary upgrading of signs and to maintain paving markings, and to do so prior to use of the roadway as a detour, said upgrading and maintenance to be set forth in the written report noted above. To maintain the detour roadway and provide all traffic control devices required by the Manual of Uniform Traffic Control Devices ("MUTCD)" during the time period when the County road is being used by the City as a detour. Prior to abandoning the detour, the City shall restore the County roadway to as good a condition as it was prior to use as a detour route, or to compensate the County for excessive traffic upon the County road during the detour period, all in accordance with Section 313.29, Code of Iowa (1993). The detour period is estimated to begin April 10, 1995, and to end November 15, 1995. 7. Nothing herein shall alter the ownership of the roadway, or the respective responsibili- ties of the City and County herein as to the underlying detour roadway except as specifically set forth herein. Dated this ~'~ day of ~m~.r~_t, , 19 ?5. CITY OF IOWA CITY, IOWA Susan M. Horowitz, Mayor Attest: Marian~K. Karr, City Clerk JOHNSON COUNTY, IOWA Charles D. Duffy Chair, Board of Supervisors Approved by ~ , Attorney s Office Jo~(n C'o~[~Attor ney's Office CITY ACKNOWLEDGEMEN~T STATE OF IOWA ) ) JOHNSON COUNTY On this Z~' day of _~,j~.. ,,_, .~, 19 ?5 , before m~ c , a ~ ~_~_, a ~o[ary i~ubllc In and for the Sty*,- ~;v,, ,~___._~_ ppeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being -,~ u~ ~owa, personally by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ?5 passed by the City Council, on the Z~; ~' da--, . , ~ ~ that Susan M. Horow tz --" ~ · ..'-._~ y u~ ~ I~L be their voluntary act and deed and the voluntary act and deed of the corporation, by it .... ~u the execubon of the instrument to voluntarily executed. STATE OF IOWA ) ) ss: JOHNSON COUNTY ~ Notary Public in and for the State of Iowa CO~UNTY ACKNOWLEDGEMENT 0,~ t~is ~ day of ?~ ~_ ~ -Z~.~L , a Nnt~,~~' '~-u~__ before om~,l a, personally _, I~o~ary Pubhc n and for the State ow~r,~ appeared Charles D. Duffy and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Board of Supervisors Chairperson and County Auditor, respectively, of Johnson County, 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 Board of Supervisors, as contained in Motion. by the Board of Supervisors on the -~//~ day of to be their voluntary act and deed and the voluntary act and deed of the instrument nowledg corporation, by it voluntarily executed. RESOLUTION NO. 95-68 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ABBEY LANE SANITARY TRUNK SEWER. WHEREAS, the City of Iowa City desires to construct certain sanitary sewer improvements to serve the drainage area west of the intersection of Abbey Lane and Mormon Trek Boulevard; and WHEREAS, the City of Iowa City desires to contract for the preliminary and final design of the sanitary sewer improvements, construction inspection services, and project administration; WHEREAS, an Agreement for professional engineering services has been negotiated with MMS Consultants, Inc. of Iowa City, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant's Agreement with MMS Consultants, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this 28t:h day of ,~[a~ch , 1995. ATTEST: ~..~..~c~ ~- CIT~CLERK ppweng\abbey.res ~IAYOR -- Approved by City Attorney's Office ~.~ """ C R_--S'""' '' iNFORMATiON MICROFILMED BY RESOLUTION NO. 95-68 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ABBEY LANE SANITARY TRUNK SEWER. WHEREAS, the City of Iowa City desires to construct certain sanitary sewer improvements to serve the drainage area west of the intersection of Abbey Lane and Mormon Trek Boulevard; and WHEREAS, the City of Iowa City desires to contract for the preliminary and final design of the sanitary sewer improvements, construction inspection services, and project administration; WHEREAS, an Agreement for professional engineering services has been negotiated with MMS Consultants, Inc. of Iowa City, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant's Agreement with MMS Consultants, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this 28th .day of March , 1995. CIT~--CLERK ppweng\abbey.res I~IAYOR ~ ' Approved by Ci~ty Attorney s Office Resolution No, 95-68 Page 2 It was moved by Novick and seconded by be adopted, and upon roll call there were: Thrn~JnOJ'~OD. AYES: NAYS: ABSENT: x x X x x x x the Resolution Baker Horowitz Kubby Lehman Novlck · Pigott Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 28ttday of Hatch , 1995, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and MMS Consultants, Inc. of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, it is in the public interest to provide wastewater collection facility within the wastewater treatment facility service area; and WHEREAS, the City Council deems it in the public interest to enter into an agreement with MMS Consultants, Inc. for consulting se~ices. to provide improvements to Iowa City's wastewater collection facilities, NOW, THEREFORE, it is agreed by and between the padies hereto that the City does now contract with the Consultant to provide services as set fodh herein. I, SCOPE OF SERVICES The City desires to construct improvements to the sanitary sewer systems to serve the Southwest area of the City of Iowa City in the vicinity of the unnamed tributary watershed which flows into Willow Creek from the west in Kiwanis Park, hereinafter referred to as the "Project Area" or Mormon Trek Service Area. The Project Area includes approximately 700 acres west of Kiwanis park and is approximate].v bounded by Rohret Road on the North and Maier Avenue on the West. Consultant agrees this scope of services shall define the work to be performed by the Consultant. To this end, Consultant agrees to perform the following services for the City and agrees to do so in a timely manner. A, Preliminarv Desiqn Phase Conduct an engineering study, including consideration of presently developed areas and future development areas both eastedy and westerly of 1-380 and consider the routing of a new trunk sewer segment (hereinafter "Project Facilities" or "the Project"). Include in the design cdteda the Project Area, existing and proposed land use and an estimate of sanitary sewer flows from the Projecl Area west of Mormon Trek Boulevard. 3. Elevate proposed routes for the project facilities, 4. include the preliminary design values of size, location, depth and slope. Prepare total construction cost estimates, including attorney fees, plus estimated per acre tap-on-fee and possible construction schedule. Furnish an opinion of right-of-way, temporary and permanent construction easement needs. -2- Furnish and discuss the preliminary design repod and recommendations with City staff. Attend meetings and discussions with City staff and property owners to obtain a decision on the final location of the Project Facilities. Incorporate City staff recommendations and submit five (5) copies of the completed design report. Final Desiqn Phase Begin Final Design Phase after approval of preliminary design phase. 3. 4. 5. 10. 11. 12. 13. Conduct field surveys of the routes and sites to obtain topographic data for design and construction of the Project Facilities. Verify existing gravity sewer elevations. Locate utilities in vicinity of proposed construction. Prepare final design calculations and construction drawings. Prepare detailed construction specifications and contract documents using the City standard specifications modified as necessary to satisfy specific design considerations, Submit and discuss drawings at the 10% (outline stage) and 80-90% (final review stage) with the City and local public utilities. Prepare permit applications and correspondence for the Iowa Depadment of Natural Resources, Iowa Depadment of Transpodation and public utilities. Prepare final cost estimates. Conduct property boundary surveys, and prepare easement description and plats for use by City Attorney or legal services and appraisal sewices for construction of the Project Facilities. Establish monuments or temporary markings on all tracts of land where easements are required for information of City, property owners and appraisal services. Respond to technical questions from property owners dudrig the easement acquisition process. Communicate with City staff and legal sen/ices to effect recording of easements and plats. Prepare bidding forms and contract documents using City standardized formats, including notices. -3- Biddinq 1. 2. 3. 4. & Award Phase Distdbute advance notice ~.o bidders trio (2) weeks before the public hearing. Distribute plans and specifications to contractors after public hearing. Prepare and distribute addenda as necessary. Answer questions or give additional instructions to City staff and/or bidders, as necessary. Conduct a pre-bid meeting with the contractor(s), City staff and others. Assist at the bid opening, tabulate the bids received, make an evaluation and provide a recommendation of the award of the contract. Issue notice of award and obtain executed contract documents from successful bidder. Construction Phase 1. Conduct a pre-construction meeting with the contractor(s), City staff and others. 2. Perform construction layout staking and provide the horizontal and vertical control for the construction. Provide temporary markings for the easements. 3. Review and comment on shop drawings. 4. Draft change orders for use by City staff. 5. Make periodic site visits to evaluate the contractor's activities and progress. This does not include daily inspection of the project. 6. Dratft monthly requests for payment and make recommendations to the City. 7. Conduct or witness final inspections and tests of pedormance. Prepare a final punch list of incomplete work. 8. Measure final in-place quantities of the vadous items of construction and recommend final payment to the contractor. 9. Prepare Record-of-Construction plans for the completed improvements. 10. Attend pedodic meetings and report to the City stair. 11. Send notice of completion to Iowa Department of Natural Resources. -4- Additional Services The following additional services will be provided by the Consultant upon request. Separate proposals witl be prepared as necessary for additional services. When requested or authorized, these sen, ices will be provided on the basis of current boudy rates or a negotiated lump sum fee. 1. Daily project inspection sen,ices as requested by the City. Services or Expenses which shall be Provided by City 1. Furnishing of abstract or legal services and documents for easements. 2. Recording easements. 3. Application and permit fees. 4. Costs payable to landowner(s) for easements. 5. Expenses for soil borings or soil investigations (if required). 6. Daily inspection of construction, monthly measurement and pay estimates, and monthly repods of construction progress. 7. Cost for pdnting and distribution and mailing/shipping of bidding documents and issuance of addenda. Services not Included in this Proposal 1. Environmental assessments and/or impact statements. 2. Investigation and/or mitigation of hazardous materials, if any. 11. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Preliminarv Desiqn Phase: Four (4) weeks after written execution of this Agreement. B. Final Desitin Phase: Ten (10) weeks after approval of the Preliminary Design Report. C. Biddinq Phase and Construction Phase: schedule as determined by the City. I11. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. -5- To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, madtal status, 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, madtal status, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amounts listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the wdtten consent of all Padies 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 pedormance of the Project. It is agreed by the City that all records and files pedaining 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 furlher 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 fodh 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, chads, 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 propedy complete the Project in accordance with this Agreement. -6- IV. A. Should any section of this Agreement be found invalid, it is agreed that the remaining podion shall be deemed severable from the invalid podion and continue in full rome and effect. Original contract drawings shall become the properly of the City. The Consultant shall be allowed to keep mylar reproducible copies for the ConsuItant's own filing use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. COMPENSATION FOR SERVICES Preliminary Desiqn Phase: The Consultant shall be paid a lump sum fee of $5,000.00 upon comp'letton, Final Desiqn Phase: The Consultant shall be paid a lump sum fee of $18,400.00 in four payments according to progress reports submitted to the City. Bidding Phase: The Consultant shall be paid a lump sum fee of $4,300.00, Construction Phase: The Consultant shall be paid a lump sum fee of $~,0,900.00 in four payments according to progress reports submitted to the City. Total Lump Sum: $38,600.00 The above prices include an allowance for copies of the documents as follows: Preliminary Report 5 copies Easements 5 copies Construction Drawings & Specifications 5 copies Contract Documents 5 copies Bidding Documents None Record-of-Construction Drawings 3 copies MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is furlher agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: Mayor Oate: March 28, 1995 AI-I'EST: ~_~.~..~_~) -7- Approved by: Ci~Atto'~mey's Office Date 2/17/95 MRMNTREK.01C ~R-23-95 THU 05:05 dE~ FAX NO, 8167560302 P, 04 To graphically further review. n and development opportuniUes and/or constraints for recommendation, and inclusion into the progress report noted as design plan and the redevelopment of the Near Southside Con. l) 2) 3) Meet with City Staff. 4) Workshep/Charrette with public. C~[y Staff. Council. Advisory Committee and Cit general C ity.'_sJ~es,0 o n sibilities 1) it shall be the responsibility City to provide such as maps, plans, and statistics in a timely fashion. 2) The City Staff report for accuracy and content, and will ~ the Consullant ~ fashion. 3) City S~ff shall provide logistical, and staff support for the workshop/charrette. .T_a.s [~ .Q~scription The second task in the project involves ~ review and analysis. The outcome of scenarios and ulUrnately the design plan, "Charrette') which will feeus on idantifijing for the Near Southside area. of community interaction, and detailed information gathering, ,royida the foundation for alternative initial wo~'kshop foreseeable issues. opportunities and goals Consultant to determine the nature additional information needed. In addition to the initial workshe economic and redevelopment too characteristics, private/public interface. and amhitectuml evaluate pertinent documents, existing pattemalconflicta, urban form existing The Consu(tant shall and/or slides) for the we report and I 3. ',presentation boards deslg the status and workshe which would is of the project to date. This t the end o! Task 2. including 9raphie demonstration of relevant information regarding be delivered after the first Task 3: Obiectives i of Design Concept design plan and redevelopment of tl Consu Meetings ;2) Workshop/Charrette with the Advisory Committee and City Staff, which is open to the general public. Draft AR-23-95 ?HU 05:06 GEA FAX NO, 8167580302 P, 05 CIty's Responsibiliti~ 1) It shall be the responsibility of the City to provide necessary information. such as maps. plans, and statistic~ fashion. 2) The Cit~ Committee will review the progress report for accuracy and content, and will ~ fashion. 3) City Staff shall IogistJcsl, publicity, and staff ~ workshoplcharrette. Task Description Based on the previous research finding~ scenarios for the area. The form, circulation, from the Advisory Committee identified. Consultants sl~all COndUCt a "chartetra' The Consultant shall also present ~ different pattern.~ within the Near Southside Iand [he general public, a Mure building Based upon input .D.e. Ev..exa.bJ.e s 1) scenarios including graphics. wor~shop/~harmtte allowing t~me for t~ workshop/charmtte. 2) Presentation boards or slides for each workshop/charrette session in this task. task. three alternative pdor to the prior to the used during the ~vorkshop/charmtte in this Task 4; Design Development O~ective.~ To for the area. ,, To establish ,, To define pmliminar e propose0 c~es~gn meets the established goals .C.onsu[tant Meetings 1) Meet with City Staff. 2) Workshot alternative, 3) Update meetin( ' Cou,cil. ; and Cit preferred design 1) The City Staff and content and will 2) City Staff shall r Comm~ee will facility. logistical, report for accuracy and timely fashion. f support for the level. street, and [ s~ategies. preferred design alternative research findings the team will define a future "vision' fo ~ma. This patial and fundional relalionships, micro and macro ~ask will fo~ the foundation for a definition of tile amhitectural design a buildings, defineatbn of transitional spaces between buildings and the , the network of pedestrian and vehicular ~'affic in the area. The plan Will e land uses, including slrategically located public spaces The vtslon w,I also incorporate ten~tk, e phasing and Implementation FAX NO, 8187580302 P, 08 The Consultant Shall present the preferred alternative design tn a progress report and graphic format Illustratiens may include drawings at presentation scale and sketches showing important design proposals. J)~elivcrables l) in a written and Presentation Task ~: Publi~ Pr~.entafi< O~biective~ o To communicate design, o To allow the coremunit To refine the design plan and white original progress report. describing the preferred alternates ~t, shall be delivered prior to the workshOlYCharrette allowin,g/ ~opies for distribution prior tO the wori(ghOp~arretfo. / u~l for the work~hop/r. ha~rette will be pmwded to./~ity. I and mplementation strategies. Consultant Meetings 1) Meet with City Staff. 2) presentation of the draft final of a public hearing. .Counciland community at-large in the form l) The Gity Staff and the Advisor City Staff shall iress report for accuracy and timely fashion. support for the public hearing. Tesk Des~ption Incorporating City and Advisory Committee boards and a slide will also be an ( inves~ent community. Consultent shall prepare presentation n at a public hearing, The hearing of the area to the development and At the same time, with Consultant shall dayels involve the IdenUficaUon of nature of activities. r Committee and the community, the and I strategies further. Typically. stratc~Jies both in the time frame, and the provide a by the City. p.~&v.e.L'~e.~ ~) for the City to 2) hoofing, poster including to the public hearing allowing lime used for the public Task! Qblective n for future u~by the City and the \ \ No meetings. -5- Draft ~SR-23-95THU 05:07 GEfi FAX HO, 8187580302 P, 07 Citv,s_E~oonsibilities 1) The City shall respond ta the proof cepy of the final documant in a timely feshtonsoth~t production is not de{ayed adversely. Task Description The Consullant shall prepare a design plan which describes the goals and the final design The gtaphic~ e.qsential to describing the (lesign. A final proof c will Delivembles 1) one camera color graphics, and racomroe 2) 200 copies of a linal report and thirty-live (35) copies, Including a limited . reports and descdbe the Project the final design concepts end C, 3]me of Completion Provided th( Consultant shall begin Initial workshop/charmlia shall be held on the second workshe third shall be completed on or before on or before ~r be~reMaylgg5. ne ~ogs ~o 1995, 30,1995. ,,witing and target dates established by parametem. 1995, then the 199,5. The f~rst for~l be made to have ~heduling, The in this Agreemerit s~hedule shall be confirmed in city and Consultant within these D. Compensation for Sen,ices The City agrees to componsata r sewices etated in this Agreement as follows: An initial payment of One-thousand Agreement and credited to the Ciiy's ~ . shall be made upon execution of this Lump sum payments shall eaoh task, and date of per anum. the following schedule, upon completion of Consultant's invoice. A~nounts due and Initial Task 1 Task 2 Identification Task 3 Task 4 Desigry~evelopmant P.ubl.~ Presentation Ta~ 5 Fi,~'l Report PreparaUon Task6 Grand T~tu/ * Task ~bost is $12.840 less the $t.000 Initial Payment. $ %000 $ 2,980 $10,070 $ 7,170 $1%240 $ 8.590 $11.840' $56,890 E. Additionat ServiCeS__ In addition to the tasks set forth above, namely Tasks 1-6, the City and Consultant m.~y enter into negolJations for the , additional services. If authorized in wdting by the City, the Consultant shall ~ from others, additional se~ces subject to the following compensation rates for direct nel and reimbursable expenses: '., Dire~t engaged on the PrOjeCt employee benefits, contdbutione and benefits, is defined as the direct salaries of the Consultant'a me portton of the cost oT their manaat0ry and , such as employment sick leave, holidays, vacations, , rates by position Hourly Rate Employees $100.0o P[incipal $ 80.00 Manager Landscape Architect ~ 65.00 Urban Planner $ 50_00 Urban Design and Landscape $ 45.00 Technical Support $ 40.00 similar Reimbumable Expenses Reimbu~sa131e Expenses am expenses incurred by the Consultant in a) expense for transportation authorized W the City: b) c) fee paid for secudn d) reproductions; e) postage and handlin f) expense City; h) expense of work requiring , Consultant's ~ompensa~ion and include of the Project for; in oonnec~on with out-of-town travel having jurisdi~on over the project; regutar rates, if euthorized by the , the Cit~: coverage or limits, , the Ci[-/in excess subcontractors; and computer-aided design and drafting the Project 3. For F penses, tim incurred by the Consultant liability insurance, by the Consultant and the uipment time when used in of one and one tenth (1.10) the Project. 4. )f Reimbursable Expenses and expenses ~ basis of a multiple of Direct personnel Expense shall at mutue y convenient ~mes. gmes that any time expended in negotiating the terms of the '~dditional ser~ices" shall in no way be b~lled to or paia ey the City. -7. Draft ~R-23-95 THU OB:OV GE~ F~ NO, 8167580302 P, 09 F. General Tenths 1. For the purpose of this Agreement the Consultant and the Consullant's subcontractore shall make every effort not to: Discharge or refuse [o him any individual because of their race, color, religion, sex, age. marital status or sexual orientation; nor, Discriminate; because of their race sexual ofientat/on, 'individual in terms, conditions or privileges of employment national origin, disability, age, This Agreement may be days wall/an notice terms of this Ag either Party upon not less than fail substantial Party initiating 3. Should the City terminate this the Consultant shall sewices performed up to the The upon seven (7) 4. If the City fails to due the Consultant may, upon fifteen perfon'nanca of $o~vicas under this Consultant within the cure period, the event of a suspension of services, delay or damage caused the City calendar with the for all work and ~reement and expenses, the cure to the City, suspend payment in full is received by the take effect without further notice. In shall have no liability to the City for The City a~ress to tender the Consultant failure of the Consultant I constitute grounds for the City fo Complete the Project in accordance ~ in a timely manner, excepting, however, that with this Agreement shall of the amount sufficient to propefiy This Agreement shell be provided that no e~ignment., upon the end assigns of the Parties hereto, made withou;: ~ w;i[ten consent of both Parties. Agreement shah be as ~ the Consultan empto) the City's retention uired for the under the terms of this employee, shall be exclusive shall have the fight to It is further or local law Parties to this A.qreemenl shall Ci(y of Iowa City, Iowa. a~,ord with state, federal The Cons ight to rely on the eceumc¥ as and starislets, i'ha Consultant shall the failure to furnish such information in a timely fashion, ~pprove the Consultants work. :1 by the City. such for delays caused by for delays caused by the Dmtt MRR-23-95 THU 05:08 GER F~X NO, 8167580302 lO. All meetings Idenlitied In the Scope of Services set forth in this agreement shall occur during four (4) tdps to Iowa City by the Consu[tanL one ~p per Task 2, Task 3, TaSk 4, and Task .~, any eddiUonal ~ps requested by the C~y shall be additional setvises and subject to Section F.. AddiUanal Sinvices of this Agreement Meetings shall be scheduled so as to minimize the travel costs associated with each flip. 11. Glen LeRoy and/or David Knopic]( of the Consultant shall attend such meetings agreed to within the Scope of Services set forth in this Agreement, at the request Any requests made the City shall be given with masonable notice to the assure affendenca. 12, the Consu~nt use of the uses these graphics the Cil :t the City shall take and/or but allow If the City 13, The Consultant agrees to fumi: the City, copies of all basic prepared or obtained by the reimbursable expense~ or limitation as to the use such event, Parties agree the documents on this or any other upon termination of this and sketches, charts, pursuant to and upon demand hy and any other data reement without cost, except this Agreement. In be liable for the City's use of such 14. This Agreement shall be governed by the f the State of Irava. 15. Causes of action be[w~n the pa~e~ shall be deemed to have accrued run not later than the date Settees: pertaining tO acts or [allures to act ~tat~ons shall commence to pumuant to the Compensation for 16. Nothing contained action in favor of a third either the Cit ~r ConsultanL p withor aceuse of 17, Unless otheRvise shall have no exposure or limit~ to substances. asbestos products, subcontractore handling, ramoval or disposal of or at the Project site, including but not biphenyl (PCB) or other toxic 19, All of I 20, ~f this Agreement betound Invalid, it Is ~ effect as thou91 remaining portions portion. reconciled' ~ ethical standards arming Professions. is further agreed that there am no other considerations or raghies contingent upon or from the ex,~.dion of this Agreement, that this in the entir~Agreem~nt~ and that no other monies or conS~deral/ons have been ~oticited. -9- Draft H~R-23-95 THU 05:08 GER F~X NO, 8167560302 P, 11 Dated FortheCity Attest City Clerk 1995. For the Censultant Pm~ide~]t Attest Dralt RESOLUTION NO. 95-69 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEIVIENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LONGELLOW AREA STORIV] AND SANITARY PROJECT. WHEREAS, certain portions of the Longfellow Neighborhood have experienced basement flooding caused by sanitary sewer surcharging; and WHEREAS, the City of Iowa City desires to construct certain sanitary and storm sewer improvements and miscellaneous other improvements to the Longfellow area; and WHEREAS, the City of Iowa City desires to contract for the design of a storm and sanitary sewer improvements, construction inspection services, project administration, adjacent property liaison services, and other special services; and WHEREAS, an Agreement for professional engineering services has been negotiated with Shive-Hattery Engineers and Architects, Inc. of Iowa City, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant's Agreement with Shive- Hattery Engineers & Architects, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this 28th day of March , 1995. CITY CLERK ppweng\longfell,res r~AYOR '-- , Approved by City Attorney's Office h: Resolution No. 95-69 Page 2 It was moved by Throgm~rton and seconded by adopted, and upon rol~ call there were: Lehman the Resolution be · AYES: NAYS: ABSENT: X X X X X Baker Horowitz ------- Kubby _ , Lehman Novick Pigott Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this z t'/~" day of 7~,..c_~_. ,1995, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery Engineers And Architecffs, inc., of Iowa City, hereinafter referred to as the Consultant. WHEREAS, The City of Iowa City desires to reduce the reoccurrence of the 1993 flood damage under the Community Development Block Grant Program (CDBG) at the locations listed below: 4. Sanitary Sewer Reconstruction, Including Pavement Reconstruction Center Avenue: Rundell Street to Dearborn Street Grant Court: Oakland Avenue to Grant Street Grant Street: Court Street to 285 Feet South of Grant Court Storm Sewer construction From a Point _+ 200 Feet South of Maple Street on Clark Street, Easterly Across Longfellow School, Along the Grant Court Alignment, to One-half Block East of Grant Street. Repair Deficiencies Noted by Television Inspection and Grout Joints on the Following Sewer Lines: B. C. D. E. F. Oakland Street: Sheridan Avenue to Grant Court Seymour Avenue: Clark Street to Oakland Street Clark Street: Bowery Street to a Point 200 Feet South of Maple Street Longfellow School Sewer: Clark Street, East to the Nodh/South Alley Grant Street: Sheridan Avenue to a Point 285 Feet South of Grant Court Dearborn Street: Sheridan Avenue, North 115 Feet Repair or Remove Point Inflow/Infiltration at the Following Locations: B. C. D. E. F. G. H. I. 409 Oakland Avenue: Area Drain in Driveway 416 Oakland Avenue: Broken Service Lateral 1231 Sheridan Avenue: Area Inlet in Yard 424 Clark Street: Storm Drain Connection 439 Clark Street: Broken Service Lateral 506 Clark Street: Broken Service Clean-out 812 Summit Street: Roof Drains Connection 1111 Maple Street: Foundation Drain Connection Longfellow School: Storm Sewer Connection 195137-0 SHIVE-HATTERY EN(~INEERS AND ARCHITECTS, ~.. I,]. K. L. M. N. O. Longfellow School: Broken Sewer Main - Post Driven Through 1527 Muscatine Aveuue: Main Joints Leaking 722 Dearborn Street: Leaking Main 1501 Center Avenue: Leaking Service Clean-out 825 Rundell Street: Leaking Manhole 930 Rundell Street: Leaking Manhole and Main These Items Corrected With Part 2 - Above 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 fodh herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. GRANT SUPPORT - PUBLIC INFORMATION/COORDINATION Shive-Hattery will provide assistance and suppod to the Grant Administrator on an as-required basis. Shive-Hattery will request the environmental impact sign-off from the appropriate government agencies. Shive-Hattery will obtain a list of residents within the affected area and send a Notice of Public Meeting. Shive-Hattery will hold a Public Information Meeting prior to design and obtain the input/comments from the public. Shive-Hattery will send a Notice of Public Hearing to those residents abutting Pads 1, 2, and 4 of the project description. During construction, Shive-Hattery will maintain contact with the property owners in the area of immediate construction, will provide regular information releases to the neighborhood association through the City's Neighborhood Coordinator, and will act as the Owner's Representative in responding to the publids concerns. RIGHT°OF-WAY SERVICES Shive-Hattery will obtain copies of deeds for the owners of properly abutting areas of new construction and reconstruction. 195137-0 -2- SHIVE-HATTERY ENGINEERS AND ARCHITEC'rS, ~ Shive-Hattery will prepare a right-of-way display and easement documents for parcels of land for permanent and temporary easements required for construction. Certified abstracting of title, title opinion, appraisals, right-of-way negotiation, and survey plats may be provided as additional services. DESIGN PHASE Shive-Hattery will meet with the City Staff to review the project scope to assure that there is concurrence of design approach, methodology, and construction detailing. Shive-Hattery will survey each of the sites for reconstruction and prepare a plan view of each of the sites, along with cross-sections of the roadways at 50-foot stations and driveway centerlines. Shive-Hattery will prepare a preliminary design of the improvements and review the preliminary plan with City Staff. Shive-Hattery will prepare final plans, specifications, and bid documents for the improvements of the various sites. Specifications and bid documents only will be prepared for sewer line rehabilitation. .Shive-Hattery will submit two (2) sets of final plans and specifications to the City of Iowa City and the Iowa Department of Natural Resources for permitting. BID AND CONSTRUCTION SERVICES ShiveoHattery will prepare and mail a notice to contractors that may be interested in this project and file a set of plans and specifications with regional planhouses. Shive-Hattery will furnish the City three (3) additional sets of final plans and specifications for their use. Shive-Hattery will have 40 sets of plans and specifications printed for bid purposes and handle distribution to contractors. Shive-Hattery wile answer Contractor's questions during the bid period, attend bid opening, and prepare a bid tabulation and recommendation of award of the contract. 195137~0 SNIVE.'I~I"rERY ENGINEERS AND ARCHITECTS, II. Shive-Hattery will function as the Owner's Representative during the construction phase of this project. Services will include a preconstruction conference, preparation of various documents such as notice to proceed, review of shop drawings, Contractor's pay estimates, final payment request, and provide an inspector for observation of the Contractor's field activities. Services are based upon a 90-day construction period. Services include employee wage interviews and review of payroll for conformance with Davis-Bacon. TIME OF COMPLETION III. The consultant shall perform the previous Scope of Services in general accordance with the following schedule: Completion of Design: Bid Phase: Construction Services: June 15, 1995 June 20, 1995 through August 1, 1995 Schedule to be Agreed Upon GENERALTERMS 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, 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, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum," or not-to-exceed amounts listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the padies hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. 195137-0 SHIVE.'I.~ATTERY ENGINEERS AND ARCHITECTS, 10. 11. 12. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as independent Contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents o0 other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with the Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining podion 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. 195137-0 SH IVE.].ISATTERY ENGINEERS AND ARCHITECTS, IV, 13. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. COMPENSATION FOR SERVICES The Grant suppod and public information/coordination services, including reimbursables for mileage and printing, will be provided on a time and expense basis with a not-to-exceed cost of $7,500 without authorization of the City. Right-of-way surveys, right-of-way display and easement document preparation, and deed research services will be provided on a time and expense basis with a not-to-exceed cost of $8,000 without authorization of the City. Abstracting costs, appraisal costs, or right-of-way negotiation services are not included in this fee. The design services will be performed on a lump sum basis and will include survey, design, and reimbursables for mileage and printing for the project. We propose a lump sum fee for the services in the amount of $37,900. The bid and construction phase services, including reimbursables for mileage. will be provided on a time and expense basis with a not-to.xceed cost of $35,000 without authorization of the City. MISCELLANEOUS The City of Iowa City will provide Shive-Hattery the below listed support or information: Review of submitted documents in a timely basis. Topographic mapping of any areas available. Authorization to utilize the 1991 aerial photography for this area. FOR THE CITY Title: Mayor FOR THE CONSULTANT By: Phil S. L~on,~P.E. Title: Civil Team Leader Date: March 2.8. 1995 Date: 195137-0 SH IVE.'I'~ATTE RY ENGINEERS AND ARCHITECTS, RESOLUTION NO. RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND, PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT, WHEREAS, the City of Iowa City desires to construct a sanitary sewer, lift station, and force main in the Highlander area; and WHEREAS, the City is obligated to undertake certain sanitary sewer improvements along Highway 1, north of Interstate 80, as a condition of a CEBA grant; and WHEREAS, the City of Iowa City desires to contract for the design of a sanitary sewer extension, lift station, and force main; construction inspection services; project administration; adjacent property owner liaison services; and other special services; and WHEREAS, an Agreement for professional engineering services has been negotiated with Shoemaker & Haaland, Professional Engineers of Coralville, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant's Agreement with Shoemaker & Haaland, Professional Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this day of ,1995. ATTEST: CITY CLERK ppweng~highland.res MAYOR pproved "~~rney's Offi~e/c e'~- ,¢~' -,¢~ CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shoemaker & Haaland Professional Engineers, hereinafter referred to as the Consultant. Whereas the City desires to contract with the Consultant to assist with the design and construction of improvements to the existing Highlander Lift Station and Force Main as outlined in Altomate C of the Concept Derelopement Report prepared by the Consultant and approved by the City aod hereinafter referred to as the "Project." NOW THEREFORE, it is agreed by and between tile parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I, SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A, Design Phase When directed to proceed by the City, the Consultant shall perform the following services. 1. Coordination of lift station design with City Wastewater Superintendent. Prepare the necessary applications with the Iowa Department of Transportation to do work within the ][DOT right of way. Prepare the necessary applications with the Iowa Department of Natural Resources and U.S. Army Corps of Engineers (if necessary) to construct proposed wastewater system improvements. 4. Communicate with any affected utilities during the course of design. Conduct periodic meetings with the City as necessary to review the status of tile Project. Prepare final design, plans and specifications for the Project for a public bid letting. Specifications shall incorporate the City's standard front end documents and detailed specifications modified and supplemented as necessary by the Consultant. Furnish the City with two (2) copies of the Project Plans and Specifications for final review and approval. Upon final approval by the City of the design, plans and specifications, prepare a final opinion of the Project's anticipated construction cost. - 1 - Prepare and mail advance notice of project to prospective bidders at least two weeks prior to public hearing. 10. Mail plans and specifications to contractors and suppliers upon their request for said documents and payment of plan deposit. ll. Prepare resolutions for Council consideration of project (format provided by City). 12. Assist the City in securing bids and answer questions of Bidders during the Bidding Phase. 13. Assist in tabulation and analysis of bids and furnish recommendation for award of contract. Project Administration Phase If directed by City, the Consultant shall provide the following services: 1. Provide Project administration - coordinating and communicating. Coordinate the painting and installation of the Project Sign with the City's sign contractor and Traffic Engineering Division. 3. Coordinate the signing of the Contract Documents. Conduct preconstruction conferences with contractors, subcontractors, supplies, utilities, City Staff and IDOT officials. 5. Make periodic visits to the Project during the course of construction. Initiate, negotiate, review and approve all change orders required by the construction, as prepared by the Contractor. 7. Coordinate, facilitate and attend bi-weeldy consauction meetings. 8. Prepare press releases, if necessary. o Initiate, review and execute monthly pay estimates prepared by the Contractor, and submit to City Engineer with recommendation for approval. 10. Upon Project completion, develop and review final contract pay quantities and Pay Estimate from as-built field measurements made by the Inspector and Contractor, or from field and office records, and submit same to City Engineer for approval. ll. Initiate, review and execute Certificates of Completion for City Council acceptance. Draft agenda item accepting work (format to be provided by the City). - 2 - 12. Submit necessary documents to the IDOT stating completion of Project and recommending acceptance upon their inspection and approval,. if needed. 13. Have available at site, or in office, a full time representative who can answer citizen's inquiries. 14. Complete as-built surveys and prepare as-built drawings. 15. Review laboratory reports and materials submittals. 16. Obtain sales tax statement from Contractor. 17. Send Notice of Completion to IDNR. C. Project Construction Inspection Phase If directed by City, the Consultant shall provide periodic part-time on-site inspection and documentation utilizing a technician or engineer with at least two years experience in the inspection and construction of public improvement projects similar to the proposed lift station and sewer system improvements. D. Other Special Services Provide legal research of property ownership and boundary lines and preparation of property acquisition plats by title or easement. Preparation of legal descriptions and calculation of acquisition areas. Provide copies of plats and descriptions to owner and assist legal department with acquisitions. Provide consm~ction staking surveys and set construction stakes for lift station, force main and sanitary sewer construction and related surface restorations. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered. Assist the City as expert witness in litigation arising from the development of construction of the Project and in heatings before various approving and regulatory agencies. It is the understanding of the Consultant that the following work or information will be provided by the City: The City will provide plan drawings for the existing Lift Station and Force Main and the City's utilities in the vicinity. The City will provide plan drawings for the present neighboring Highway 1 improvements. The City will provide information on past lift station operating records and pump calibration results. The City will provide information and guidelines to be used by the Consultant in planning for future sewage generation rates. The City through it's. Staff or other consultant shall provide topographic contour mapping of the project, site and municipal utility infomarion in the vicinity of the Project. The City will provide subsurface soft exploration for the design of the Project as recommended by the Consultant and soils engineering subconsultant. The Consultant will coordinate the work of the subconsultant and the City will pay the subconsultant dkectly. TIME OF COMPLETION The Consultant shall complete the foliowing phases of the Project in accordance with the schedule shown. Time of completion may be affected by services to be provided by others, as previously defined. Preliminary Design Phase - 30 days after approval of the Preliminary Feasibility Study and authorization to proceed by City. Construction Documents Phase - 30 days after approval of the Preliminary Design Phase and authorization to proceed by City. 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, re.ligion: sex, national origin, disability, age, marital status, 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, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose 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. A. B. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be made available by said City upon reasonable request from the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and fries. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of tiffs Agreement be found invalid, it is agreed that the remaining portion shall continue in full force and effect as though severable from the invalid portion. Original contract drawing shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for securing approval of authorities having jurisdiction over Project will be paid by the City. COMPENSATION FOR SERVICES Design Plan Phase ~ The Consultant shall be paid on a lump sum basis an amount of $30,400.00 Project Administration Phase- The Consultant shall be paid on a lump sum basis an amount of $4,000.00 - 5 Construction Inspection Phase - If directed to perform this phase by City, the Consultant shall submit a detailed proposal for approval by City prior to providing this service. Special Services Phase - If directed to perform any service in this phase by City, the Consultant shall submit a detailed proposal for approval by City prior to providing this service. 1. For Property Acquisition Plats and assistance. 2. For Construction Surveys and Staking. The anticipated total for services A and B is $3.4,400,00. The final fees for services C and D will be finalized to meet the Owner and Consultant needs when those services and needs are more precisely defined. GENERAL All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: Title: Date: FOR THE CONSULTANT Shoemaker & Haaland Professional Engineeri~i.~ ,' .. ;,. Steve~n F. 1.3.u~ldifi, P.E. Title:. Vico3President/ Date. ~ l-z-x / 3 ::d ' ATTEST: orno ? -6 0o - 6 - RESOLUTION NO. 95-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HY-VEE FOOD STORES, INC. AND CITY OF IOWA CITY, IOWA, FOR CON- STRUCTION AND COST-SHARING OF STORIV] WATER DRAINAGE IN THE BOYRUNI-WATERFRONT-GILBERT STREET STORM WATER DRAINAGE AREA LOCATED IN IOWA CITY, IOWA. WHEREAS, Hy-Vee Food Stores, Inc. entered into an agreement with the City of Iowa City, via a conditional zoning agreement in December 1994, wherein Hy-Vee and the City understood that stormwater from the rezoned property would be subject to the storm water management requirements of the City of Iowa City; and WHEREAS, upon investigation and review of Hy-Vee's construction and design plans for the new buildings and facilities to be placed at the 5.52 acres of land located east of Waterfront Drive and the CRANDIC railroad right-of-way, it was found that the best option for complying with the storm water management requirements is to pipe the runoff west to the Iowa River; and WHEREAS, oversizing of the storm sewer presents an opportunity to relieve existing problems along Waterfront Drive which stem from approximately 26 acres in the Boyrum-Waterfront- Gilbert Street storm water drainage area, and enable Hy-Vee to convey its storm water to the Iowa River; and WHEREAS, Hy-Vee and the City of Iowa City have negotiated a cost-sharing agreement, whereby Hy-Vee will design and construct the storm water drainage project, and the City of Iowa City will pay for a portion of the project cost; and WHEREAS, an agreement has been negotiated between the City of Iowa City and Hy-Vee Food Stores, Inc. for construction and cost-sharing of the Boyrum-Waterfront-Gilbert Street storm water drainage area; and WHEREAS, it is in the public interest to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement for Construction and Cost-sharing of Storm Water Drainage in the Boyrum-Waterfront-Gilbert Street Storm Water Drainage Area, attached hereto and incorporated by reference herein, is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Agreement. The City Attorney is hereby authorized and directed to carry out all necessary actions to approve acquisition of property interests needed for the above Project, and to initiate condemnation procedures, as necessary. Resolution No. 95-70 Page 2 Passed and approved this 28th day of March ,1995. MAYOR City Attorney's Office ..~_ It was moved by kr.hhy and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X x x X x the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT BETWEEN HY-¥EE FOODS STORES, INC. AND CITY OF IOWA CITY, IOWA FOR CONSTRUCTION AND COST-SHARING OF STORM WATER DRAINAGE IN THE BOYRUM-WATERFRONT-GILBERT STREET STORM WATER DRAINAGE AREA LOCATED IN IOWA CITY, IOWA WHEREAS, Hy-Vee Food Stores, Inc. entered into an agreement with the City of Iowa City, via a conditional zoning agreement in December 1994, Wherein Hy-Vee and the City understood that storm water from the rezoned property would be subject to the storm water management requirements of the City of Iowa City; and WHEREAS, upon investigation and review of Hy-Vee's construction and design plans for the new buildings and facilities to be placed at the 5.52 acres of land located east of Waterfront Ddve and the CRANDIC railroad right-of-way, it was found that the best option for complying with the storm water management requirements is to pipe the runoff west to the Iowa River; and WHEREAS, oversizing of the storm sewer presents an opportunity to relieve existing problems along Waterfront Ddve which stem from approximately 26 acres in the Boyrum-Waterfront~ Gilbert Street storm water drainage area, and enable Hy-Vee to convey its storm water to the Iowa River; and WHEREAS, Hy-Vee and the City of Iowa City have negotiated a cost-sharing agreement, whereby Hy-Vee will design and construct the storm water drainage project, and the City of Iowa City will pay for a portion of the project cost. NOW THEREFORE, in consideration of their mutual promises herein, the City of Iowa City, Iowa, a municipal corporation ("City") and Hy-Vee Food Stores, Inc., an Iowa corporation ("Hy- Vee") agree as follows: 1. City and Hy-Vee agree thatthe Boyrum-Waterfront-Gilbert Street Storm Water Drainage Area Improvement Project described herein is designed to convey storm water drainage from an approximate 26 acre drainage area and convey said storm water to the Iowa River. Parties also agree said Project is a good storm water management effort, and is in the best interests of both the City and Hy-Vee. Parties further agree that this Boyrum-Waterfront-Gilbert Street Storm Water Brainage Area Public Improvement Project (hereafter "Storm Water Brainage Project") constitutes a public purpose under Iowa's law of eminent domain, and that said Project is necessary and appropriate to acquire property interests needed for conveyance of storm water drainage of commercially developed land which drains to a low point on Waterfront Drive and in the Hy-Vee area, and that said existing drainage pattern justifies the City's decision to require an oversizing of the Storm Water Drainage Project. 2. Hy-Vee agrees to acquire all property interests, including construction easements, which are appropriate and necessapj for the design, construction and maintenance of the Storm Water Drainage Project noted herein, and shall also obtain all applicable permits and pay any fees required for said permits. Hy-Vee shall also pay any acquisition costs necessary for the required property interests, subject to paragraph 9 below. Hy-vee agrees to conduct all easement negotiations and prepare all easement documents and deeds for such acquisition, which documents shall be first approved by the City Attorney's Office pdor to execution. Upon obtaining all said property interests for the construction, placement and maintenance of the Storm Water Drainage Project, Hy~Vee shall dedicate all said properly interests to the City of Iowa City by way of formal dedication documents. 3. Hy-Vee agrees to design the Storm Water Drainage Project, subject to the City's review and approval. 4. The City agrees to review Hy-Vee's design Of the Storm Water Drainage Project; and upon satisfactory review of said design, shall give written "notice to proceed" to Hy-Vee to prepare specific construction specifications and contract documents. 5. After the City's approval of the design, Hy-Vee agrees to carry out all bidding required for construction of the Storm Water Drainage Project; to undertake all construction administration; to perform all construction staking; and to pay all costs of construction except as noted in paragraph 7 below. Nothing in this Agreement shall be construed to impose a requirement on the City to install the Project at issue herein. Nor shall Hy-Vee be deemed acting as the City's agent for purposes of the original construction and installation of said Project. Parties agree that the obligation to install the Project herein shall remain with Hy-Vee until completion and acceptance by the City, and shall be subject to City approval. 6. Upon final approval and acceptance by the City of the completed Storm Water Drainage Project, Hy-Vee agrees to dedicate said Project to the City by formal document. 7. The City will undertake construction inspection of the Sto[m Water Drainage Project, and will, upon fir~al acceptance by the City, pay $125,000 to Hy-Vee, which amount shall represent the City's cost-sharing of the Storm Water Drainage Project noted herein. 8. Upon satisfactory completion of the Storm Water Drainage Project, including construction, the City shall accept the dedication of the Project as a public improvement, and shall thereafter maintain the Storm Water Drainage Project as a public improvement and as an integral part of the City's storm water drainage system. 9. In the event Hy-Vee is not able to obtain all property interests necessary to complete the Storm Water Drainage Project, which event shall be conveyed by written notice to the City Engineer, the City agrees to exemise its power of eminent domain for obtaining permanent easements and other property interests necessary to complete the Project. The City agrees to pay legal fees up to, but not to exceed, $15,000, but to do so only for the cost of initiating and pursuing condemnation precedures. Otherwise, the City shall not pay any acquisition costs, and said acquisition costs shall remain solely the responsibility of Hy-Vee. 10. Hy-Vee and City agree this Agreement shall be binding on their assigns and successors in interest, shall be a covenant running with the land and with the title to the land of Hy-Vee, and shall be recorded by the City of Iowa City in the Johnson County Recorder's Office, at Hy- Vee's expense. 3 Dated this I~~ day of _.HY-VEE FOOD STORES, INC. , 1995. CITY OF IOWA CITY, IOWA M, AYOR A rEsT: ,-L" ClT?-CLERK Approved by: HY-VEE ACKNOWLEDGEMENT STATE OF IOWA ) /_.~ e AS ) ss: -JSHNSeN COUNTY ) On this ~ day of ~.j) r',/ a Notary Public in and for the State of Iowa, , A.D. 19 ~.~.~, before me, the undersigned, personally appeared-..'-j"~¢ and ~ ,,,~o~ me personally known, who, being by me duly swom, did say that th~e the \],ce '~r¢s,/Ir,..-{- and= ,.re~cct~wJy; of said corporation executing the within and foregoing instrument to which this is attached, that (ne-eea~recured.by thee-said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the s/~al ~f said) said corporation by authority of its Board of Directors; and that the said.._'~2.n n', s ,~e,,h._,; - ~ as such officer.~" acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. u~ co~s~o~ r~P~.s I I~t~.~]Jblic J *.~-:* oz/,~?y(~ j in and for said Cbunty and State 4 CITY ACKNOWLEDGEMENT STATE OF IOWA ) ): JOHNSON COUNTY ) ~,L On this 2~- day of ~,,-~,. , 19 '~5 , before me, ~-.-~ , a Notary Public'in and for the State of Iowa, personally appeared Susan M. Horowitz and Madan 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 /,-Qrdina~;e)-(Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the z? -~ day of -frt~..~'.. ,19 ~75 , and that Susan M. Horowitz 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. fnv~hy-vee.agt '~rr./,~ ~-<~ ~'o-r~ Notary Public in and for the State of Iowa RESOLUTION NO. 95-71 A RESOLUTION AUTHORIZING THE CITY TO EXECUTE AN AGREEMENT WITH GOULD EVANS ASSOCIATES CONCERNING A NEAR SOUTHSIDE DESIGN PLAN. WHEREAS, the City of Iowa City desires to engage the services of Gould Evans Associates as a consultant in order to furnish technical and professional assistance in preparing a Near Southside Design Plan; and WHEREAS, the consultant has agreed to enter into an agreement, to provide such technical and professional services to the City; and WHEREAS, the City finds it in the public interest to engage the consultant to carry out certain professional services, as set forth in the Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest of the City of Iowa City to enter into an Agreement with consultant Gould Evans Associates for the purpose of obtaining professional services concerning the Near Southside Design Plan, as more particularly set forth in the Agreement attached hereto and incorporated by reference herein. 2. The attached Agreement is approved as to form and content. The Mayor and City Clerk are hereby authorized to execute said Agreement attached hereto. Passed and approved this 28th day of Hatch , 1995. CITY CLERK It was moved by Nov±ok and seconded by adopted, and upon roll call there were: 'fhro~,morronthe Resolution be X X X -x AYES: NAYS: ABSENT: Baker Horowitz __ Kubby Lehman Novick __ Pigott __ Throgmorton AGREEMENT Between The City of Iowa City and Gould Evans Associates, P,C, for A Design Plan Designated as: The Near Southslde Design Plan This Agreement, made and entered into this Z ~ ~ day of ',~¢~. 1995, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Gould Evans Associates, P.C., of Kansas City, Missouri, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the parties that the City does contract with the Consultant to provide services as set forth herein according to the terms of this Agreement. A, Special Considerations The Near Southside Design Plan, hereinafter"Project", shall include, per Section III C. of the RFP # 95-85, the following considerations: The design plan shall provide for public spaces which are well-placed and well-designed sites for public gathering. Such public spaces may include a pedestrian mall, an outdoor reflecting pool/skating rink, neighborhood open space, or a creek walk. The design plan shall include improvements to encourage safe pedestrian and bicycle use of streets and walkways in the Near Southside redevelopment area, including elements to make public areas more accessible to people with disabilities, and to make Burlington Street a safer and more attractive street for pedestrians to cross. The design plan shall propose revisions to Iowa City zoning regulations that will prescribe design elements which create a "uniting sense of place" through architectural design and public improvement projects. The design plan shall anticipate mixed use redevelopment for the area south of Court Street at an appropriate scale, including residential development integrated with small scale commercial enterprises such as restaurants, outdoor cafes and small shops. The plan shall also indicate techniques by which public improvement projects can promote and encourage such redevelopment. The design plan shall define suitable locations for public art which reinforce a sense of place and public gathering areas. The design plan shall promote continuity between the Near Southside redevelopment area and the central business district. The design plan shall emphasize secudty and safety of the Near Southside Neighborhood. The design plan shall emphasize environmentally sensitive and cost effective design concepts. 4- B, Scope of Services Services provided by the Consultant shall be divided into the following tasks: Task 1: Task 2: Task 3: Task 4: Task 5: Task 6: Project Initiation Reconnaissance/Issue Identification Definition of Design Concept Design Development Public Presentation Report Preparation Specific work to be accomplished in each task shall be, but is not limited to, specific services as defined below. Task 'h Project Initiation Objective~ · To develop a working relationship with the City. · To assemble preliminary data as well as site and project details. * To affirm project schedule and logistics. Consultant Meetings No meetings as part of this task. Phone conversations between City and Consultant staff will occur as needed to collect and communicate information regarding the project. City's Responsibilities It shall be the responsibility of the City to provide information, such as maps, plans, and statistics in a timely fashion. Task Description The Consultant shall initiate the Near Southside Design Plan with discussions with the City to provide an opportunity for the Consultant to confirm project approach, elicit opinions and concerns, develop and establish a project communication network, and establish a working relationship. The Consultant shall use the project initiation period to assemble available information regarding the characteristics of the area. The Consultants shall also prepare a base map and begin gathering information. As part of the Project Initiation phase, the Consultant shall work with the City to refine the project schedule and resotve logistics of anticipated workshops and meetings. _Deliverables No deliverables. Task 2: Reconnaissance/Issue Identification Objectives To acquire an understanding of the major issues, constraints and opportunities for urban design improvements and redevelopment of the Near Southside area. e To analyze the physical framework, boundaries, major circulation patterns/conflicts, land use patterns and relationships, and the existing public/private interface characteristics within the project area. ~ To review available data/documents and supplement with additional research, physical analysis, and conceptual spatial analysis. -2- · To graphically demonstrate design and development opportunities and/or constraints for further review, discussion, recommendation, and inclusion into the progress report noted as "deliverable" below. · To identify preliminary goals for the design plan and the redevelopment of the Near Southside area. Consultant Meetings 1) Key person inten/iews arranged by City Staff. 2) Informal session meeting with City Council. 3) Meet with City Staff. 4) Workshop/Charrette with the Advisory Committee and City Staff which is open to the general public. City's Responsibilities 1 ) It shall be the responsibility of the City to provide necessary information, such as maps, plans, and statistics in a timely fashion. 2) The City Staff and the Advisory Committee will review the progress repod for accuracy and content, and will provide comments to the Consultant in a timely fashion. 3) City Staff shall provide facility, logistical, publicity, and staff support for the workshop/charrette. Task Description The second task in the project involves community interaction, and detailed information gathering, review and analysis. The outcome of this task shall provide the foundation for alternative scenarios and ultimately the design plan. The Consultant shall conduct an initial workshop (or "Charrette") which will focus on identifying current and foreseeable issues, opportunities and goals for the Near Southside area. This information will enable the Consultant to determine the nature of community attributes/perceptions and the extent of additional information needed. In addition to the initial workshop, the Consultant shall evaluate pertinent documents, existing economic and redevelopment tools, land use and circulation patterns/conflicts, urban form characteristics, significant or strikin9 architectural attributes of the area and the existing private/public interface. The Consultant shall prepare a progress report and presentation graphics (presentation boards and/or slides) for the workshop/charrette in Task 3. Deliverables 1) One black and white reproducible original progress report, including graphic demonstration of design and development opportunities, which would provide relevant information regarding the status and findings of the project to date. This product shall be delivered after the first workshop/charrette at the end of Task 2. Task 3: Definition of Design Concept Ob!ectives · To refine the goals for the design plan and redevelopment of the Near Southside area. · To identify the preferred vision for the Near Southside area, from three future scenarios. Consultant Meetings 1) Meet with City Staff. 2) Workshop/Charrette with the Advisory Committee and City Staff, which is open to the general public. -3- City's Responsibilities 1) It shall be the responsibility of the City to provide necessary information, such as maps, plans, and statistics in a timely fashion. 2) The City Staff and the Advisory Committee will review the progress report for accurecy and content, and will provide comments in a timely fashion. 3) City Staff shall provide facility, logistical, publicity, and staff support for the workshop/charmtte. Task Description Based on the previous research, the Consultants shall conduct a "charterre" session, to present findings from Task 2 to the community. The Consultant shall also present three alternative future scenarios for the area. The scenarios will illustrete three different patterns for land use, building form, circulation, and streetscape landscaping within the Near Southside area. Based upon input from the Advisory Committee, City Staff and the general public, a preferred scenario will be identified. Deliverables 1) One reproducible black and white original progress report, outlining the three alternative scenarios including graphics. This item shall be delivered to City Staff prior to the workshop/charrette allowing time for the City to reproduce copies for distribution prior to the workshop/charrette. 2) Presentation boards or slides for each of the three scenarios to be used during the workshop/charrette session in this task. To be delivered at the workshoplcharrette in this task. Task 4: Design Development Objectives To refine the selected alternative such that the proposed design meets the established goals for the area. ,, To establish base market considerations and financial implications. ,, To define preliminary implementation strategies. Consultant Meetings 1) Meet with City Staff. 2) Workshop with the Advisory Committee and City Staff to present the preferred design alternative. 3) Update meeting with the City Council. City's Responsibilities 1) The City Staff and the Advisory Committee will review the progress report for accuracy and content and wilt provide comments to the Consultant in a timely fashion. 2) City Staff shall provide facility, logistical, publicity, and staff support for the workshop/charrette. Task Description The Consultant shall review the preferred design alternative, and based on the research findings of area characteristics, the team will define a future "vision" for the Near Southside area. This vision wile incorporate preferred spatial and functional relationships, both at the micro and macro level. The work in this task will form the foundation for a definition of the architectural design considerations for future buildings, delineation of transitional spaces between buildings and the street, and ultimately the network of pedestrian and vehicular traffic in the area. The plan will present an optimum configuration of future land uses, including strategically located public spaces and public facilities. The vision will also incorporate tentative phasing and implementation strategies. The Consultant shall present the preferred alternative design in a progress report and graphic format. Illustrations may include drawings at presentation scale and sketches showing important design proposals. Deliverables 1 ) One reproducible black and white original progress report, describing the preferred alternative in a written and graphic format, shall be delivered prior to the workshop/charrette allowing time for the City to reproduce copies for distribution prior to the workshop/charrette. 2) Presentation boards or slides used for the workshop/charrette will be provided to the City. Task 5: Public Presentation Objectives To communicate design concepts and details to the community. o To allow the community to comment on future design and redevelopment proposals. To refine the design plan and implementation strategies. Consultant Meetings 1) Meet with City Staff. 2) Presentation of the draft final report to the City Council and the community at-large in the form of a public hearing. City's Responsibilities 1) The City Staff and the Advisory Committee will review the progress report for accuracy and content, and will provide comments to the Consultant in a timely fashion. 2) City Staff shall provide facility, logistical and publicity support for the public hearing. Task Description Incorporating City and Advisory Committee comments, the Consultant shall prepare presentation boards and a slide presentation to communicate the final design at a public hearing. The hearing will also be an opportunity to present the economic potential of the area to the development and investment community. At the same time, with feedback from the City, Advisory Committee and the community, the Consultant shall develop the implementation and phasing strategies further. Typically, strategies involve the identification of padicipants, both in the public and private sectors, time frame, and the nature of activities. It is intended that this will provide a "road map" for future action by the City. .Oeliverables 1 ) One reproducible black and white original of the draft design plan report and poster including phasing/implementation strategies shall be delivered prior to the public hearing allowing time for the City to reproduce copies for distribution prior to the public hearing. 2) Presentation boards or slides, used for the public headrig, will be delivered at the public hearing. Task 6: Report Preparation Objective ,, To record and communicate all details of the design for future use by the City and the community. Consultant Meetings No meetings. -.5- City's Responsibilities 1) The City shall respond to the proof copy of the final document in a timely fashion so that production is not delayed adversely. Task Description The Consultant shall prepare a design plan which describes the goals and the final design concept. The report will include graphics essential to describing the design. A final proof copy will be provided prior to final production. Deliverables 1) One camera ready original report and thirty-five (35) copies, including a limited amount of color graphics, which refine the preliminary repods and describe the Project history, process and recommendations. 2) 200 copies of a poster reflecting the final design concepts and implementafion process. C, Time of Completion Provided the Consultant receives an executed copy of this Agreement by April 7, 1995, then the Consultant shall begin initial data assembly on or before April 14, 1995. The first formal workshop/charrette shall be held on or before May 1995. Every attempt shall be made to have the second workshop/charrette on or before June 1995 to accommodate local scheduling. The third workshop/charrette shall occur in September 1995. All tasks described in this Agreement shall be completed on or before November 30, 1995. A detailed schedule shall be confirmed in writing and target dates established by mutual agreement of the City and Consultant within these parameters. D, Compensation for Services The City agrees to compensate the Consultant for services stated in this Agreement as follows: An initial payment of One-thousand Dollars ($1,000.00) shall be made upon execution of this Agreement and credited to the City's account at final payment. Lump sum payments shall be made in accordance with the following schedule, upon completion of each task, and within thirty (30) days of the date of the Consultant's invoice. Amounts due and unpaid shall bear interest at the rate of 10% per arturo. Initial Payment upon Agreement Execution $ 1,000 Task 1 Project Initiation $ 2,980 Task 2 Reconnaissance/Issue Identification $10,070 Task 3 Definition of Design Concept $ 7,170 Task 4 Design Development $15,240 Task 5 Public Presentation $ 8,590 Task 6 Final Report Preparelion $11,840' Grand Total $56,890 * Task 6 cost is $12,840 less the $1,000 Initial Payment. -6- Additional Services In addition to the tasks set fodh above, namely Tasks 1-6, the City and Consultant may enter into negotiations for the Consultant to provide additional services. If authorized in writing by the City, the Consultant shall furnish or obtain from others, additional services subject to the following compensation rates for direct personnel and reimbursable expenses: 1. Direct Personnel Expense Direct Personnel Expense is defined as the direct salaries of the Consultanrs personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto such as employment taxes and other statutory employee benefits. insurance. sick leave. holidays, vacations, pensions, and similar contributions and benefits. Billable hourly rates by position are as follows: Employees Hourly Rate Principal $100.00 Manager $ 80.00 Landscape Amhitect $ 65.00 Urban Planner $ 50.00 Urban Design and Landscape $ 45.00 Technical Support $ 40.00 2. Reimbursable Expenses Reimbursable Expenses are in addition to the Consultant's compensation and include expenses incurred by the Consultant in furtherance of the Project for: a) expense for transpodation and living expenses in connection with out-of-town travel authorized by the City; b) long-distance communications; fee paid for securing approval of authorities having jurisdiction over the Project; reproductions; e) postage and handling of documents; f) expense of ovedime work requiring higher than regular rates, if authorized by the City; g) renderings and models requested by the City; h) expense of additional coverage or limits, including professional liability insurance, requested by the City in excess of that normally carried by the Consultant and the Consultanrs subcontractors; and i) expense of computer-aided design and drafting equipment time when used in connection with the Project. For Reimbursable Expenses, as described above a multiple of one and one tenth (1.10) times the expenses incurred by the Consultant in furtherance of the Project. Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the City at mutually convenient times. The Consultant agrees that any time expended in negotiating the terms of the "additional services" shall in no way be billed to or paid by the City. -?. F, General Terms 1. For the purpose of this Agreement the Consultant and the Consultant's subcontractors shall make every effort not to: 4 a. Discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, madtal status or sexual orientation; nor, Discriminate against any individual in terms, conditions or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. This Agreement may be terminated by either Party upon not less than seven (7) calendar days written notice should the other Party fail substantially to.perform in accordance with the terms of this Agreement through no fault of the Part7 initiating the termination. Should the City terminate ~his Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. The City may terminate this Agreement upon seven (7) calendar days wdtten notice to the Consultant. If the City fails to make payment when due the Consultant for services and expenses, the Consultant may, upon fifteen (15) calendar days written notice to cure to the City, suspend performance of services under this Agreement. Unless payment in full is received by the Consultant within the cure period, the suspension shall take effect without further notice. In the event of a suspension of services, the Consultant shall have no liability to the City for delay or damage caused the City because of such suspension of services. 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. 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. It is understood and agreed that the City's retention of the Consultant under the terms of this Agreement shall be as an independent contractor, and not as an employee, shall be exclusive with the Consultant executing this Agreement, and that the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is further agreed that all Parties to this Agreement shall perform in accord with state, federal or local law or the ordinances of the City of Iowa City, Iowa. The Consultant has the right to rely on the accuracy of information furnished by the City, such as plans, maps and statistics. The Consultant shall not be responsible for delays caused by the City's failure to furnish such information in a timely fashion, nor for delays caused by the City failing to promptly approve the Consultants work. -8. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. All meetings identified in the Scope of Services set forth in this agreement shall occur during four (4) trips to Iowa City by the Consultant, one trip per Task 2, Task 3, Task 4, and Task 5, any additional trips requested by the City shall be additional services and subject to Section E. Additional Services of this Agreement. Meetings shall be scheduled so as to minimize the travel costs associated with each trip. Glen LeRoy and/or David Knopick of the Consultant shall attend such meetings of the City agreed to within the Scope of Services set fodh in this Agreement, at the request of the City. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Upon completion of the Project the City shall take possession of all original graphics, but allow the Consultant use of the graphics for publications and/or promotional purposes. If the City uses these graphics the City must credit the Consultant. 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, except reimbursable expenses as defined in the Additional Services Section and without restrictions or limitation as to the use relative to the specific Project covered under this Agreement. In such event, Parties agree the Consultant shall not be liable for the City's use of such documents on this or any other projects. This Agreement shall be governed by the law of the State of Iowa. Causes of action between the parties to this Agreement pedaining to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date payment is due the Consultant pursuant to the Compensation for Services Section of this Agreement. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the City or Consultant. Unless otherwise provided in this Agreement, the Consultant and Consuttant's subcontractors 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, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 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. All provisions of this Agreement shall be reconciled in accordance with the ethical standards of the Architectural and Planning Professions. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. -9, Dated this ~.[~--" day of For the City Mayor x,._ 5'" 1995. For tf~ Con_~ant Attest Attest Approved by ~ H~R-22-95 THU 05:04 GE~ F~X NO, 8167580302 P, 02 AGREEMENT Between Tha City of Iowa City and Oeuld Evans Ass~iates for A Design Plan Designated Plan This Agreement, made and ~ the City of Iowa City, Associates, P.C., of Kansas C by and between City, and Gould Evans Now therefore, it is hereby agreed by a beArsea the Consultant to provide services as ~ [he City does contract w~ the to the terms of this Agreement The Near Southaide Design Plan, hereinafro # g5-~5, Iris following considerations: the RFP The design plan shall provide for for public gathering. Such public s pool/skating rink, neighborhood c ; ~dlich are well-placed and well~lesigned sites mall, an outdoor reflecting creek walk. The design plan shatl streets and walkways in and more p~lestrlan and bicycle use of including elements to make and to make Burlington Skeet a safer Tile design plan shall design elements public improvement ~o Iowa a 'unifying sense of zoning regulations that will prescribe through architectural design and The design plan at an appro also indicate suct anticipate mixed use scale, including residential such as which public improvemant area south of Court, Street integrated with small scale and small shops. The plan shall and encourage The and shall define suitable locations for public aft v areas. reinforce a sense of place The and~ promote continuity between the Near redevelopment area The plan shall emphasize security and safety of the hborhood. The design plan shall emphasize environmenially sensitive and concepts, effective design .l- Draft HRR-23-95 THU 05:05 OER FAX NO, 8187560302 P, 03 B. S~oga of Services 8e~ices .hall bc divided into the f Task 'h Task 2: Task 3: Definition of Task4: Design Derels Task ,5: Public Presentation Task 6: Report PmparaUon Concept 8poGi~ work to defined below. task shall to, specific sewices as Task t: Projarl: Inltialion Objectives To develop a working relaUonshlp with · To assemble prehminmy o To affirm project schedule Consullent Meetinqs No meefin§s as pad of this task. occur as needed to collect and, C~"S Responsibilities It shall b~ the responsibility of In a timely fashion. between City and Consullent staff will the project. such as maps, plans, and statistics Task Description The Consultant shall in provide an c CO~qCemS relationship. information n map and begin ! work with the ( and Southside to COnfirm all use me I~echamctedsfics ofthe area. The ~ infon'nation. As pa~t of the refine the project schedule and r, *roach, elicit opinions and and establish a working .= available also prepare a base )base, the Consultant shall sUcs o~ anUcipated work,hops No deli~ ~ '1 ;k2} Reconnaissance/Issue Identification ~ ~' es * ~0 ~cquire an understanding of the major issue~, constrainIs and'~portun~es for urban /ties gn improvements and redevelopment of the Near Southside are~.. * To.~ ~nalyze the physicaJ framework, boundaries, major circulation patti[ns/conflicts, tand use patterns and relationships, and the existing public/private intedaea char'~teristics within the project area. ~ ~¥ailable data/documents and supplement with additional research, physical analysis, an~ conceptual spatial analysis. .2- Draft RESOLUTION NO. 95-72 RESOLUTION APPROVING THE DESIGN PLANS FOR THE HIERONYMUS SQUARE PROJECT LOCATED AT 101 EAST BURLINGTON STREET WHEREAS, the owner, Hieronymi Partners, has filed an application for design review approval for Hieronymus Square, 101 East Burlington Street, Iowa City, Iowa, hereafter "Project"; and WHEREAS, the Project is located on the following described real estate: The East 30 feet of the North eight (8) feet of the South 36 feet of Lot (6), the North 44 feet of Lot Six (6), and all of Lots Seven (7) and Eight (8), in Block 102 in Iowa City, Iowa, according to the recorded plat thereof, as altered by the Alteration of Plat recorded September 1, 1850 in Book 8, page 404, Deed Records of Johnson County, Iowa. WHEREAS, the owner, Hieronymi Partners, intends to apply for property tax exemption for the Project, under the requirements of the Near Southside Commercial Urban Revitalization Plan; and WHEREAS, for the Project to qualify for property tax exemption, the City Council must approve the exterior design of the Project prior to issuance of a building permit; and WHEREAS, the design plans have been reviewed by the Design Review Committee and, after due deliberation, the Committee has recommended that the design plans be accepted and approved; and WHEREAS, the design plans are found to conform with all of the applicable requirements of the Design Review Ordinance and basic design criteria of the Near Southside Commercial Urban Revitalization Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The design plans for Hieronymus Square are hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. Upon this approval, necessary permits may be issued for this Project upon full compliance with all applicable codes and ordinances. Passed and approved this 28th day of March ,1995. ATTEST: CITY'CLERK MAYOR '- ~-- -~ ,Approved by ~ Otty Attorney's Office Resolution No. 95-72 . Page 2 It was moved by Pi.~ott and seconded by adopted, and upon rol~ call there were: Thrm~mor~on the Resolution be · AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton LEGAL DESCRIPTION: PROPERTY OWNER: APPLICANT: AT~OP~EY: THE EAST 30 FEET OF THE NORTH EIGHT (8) FEET OF THE SOUTH 36 FEET OF LOT (6), THE NORTH 44 FEET OF LOT SIX (6), AND ALL OF LOTS SEVEN {7) AND EIGHT(8), tN BLOCK 102 IN IOWA CITY, IOW/~ ACCORDING TO THE RECORDED PLAT THEREOF, AS ALTERED BY THE ALTERATION OF PLAT RECORDED SEPTEMBER 1, 1850 IN BOOK 8, PAGE 404, DEED RECORDS OF JOHNSON COUNTY, IOWA. HIERONYMI AN IOWA GENERAL PARTNERSHIP HIERONYMI PARTNERS 328 SOUTH CLINTON, SUITE 8 IOWA CITY, IA 62240 PHILLIP A. LEFF LEFF HAUPERT TRAW 222 SOUTH LINN STREET IOWA CITY, IA 52240 GENERAL NOTES EXTERIOR PERIMETER STREET SCAPE FROM THE PROPERTY LINE TO THE STREET EDGE TO CONFORM WITH THE STREETSCAPE PLAN FOR THE CB-5 AREA. THIS DEVELOPMENT TO INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING ITEMS: ,LANDSCAPING ,TREES ,STREET LIGHTING ,SITE FURNISHINGS ,STREET CURBS PAVING PA'~ i ERN AND MATERIAL SELECTION TO BE COMPATIBLE WITH THE STREETSCAPE PLAN FOR THE C1~5 AREA. 3. EXISTING STREETAND ALLEY CON~OURS TO REMAIN UNCHANGED. ALL UTILITY CONNECTIONS TO BE MADE AT THE NORTH EAST CORNER OF THE PROPERTY. REFER TO DRAWING SP0001 FOR EXISTING CONDITIONS. FLOOR DRAINAGE FROM THE BASEMENT PARKING LEVEL WITH PASs THROUGH AN OIL SEPARATOR BEFORE ENTERING THE CITY 8EWER SYSTEM. City of Iowa City MEMORANDUM Date: March 23, 1995 To: From: Re: City Council David Schoon, Economic Development CoordinatorS.._ Hieronymus Square Design Plan Approval On the Council's March 29, 1995, agenda, is a resolution approving the design plans for the Hieronymus Square project located at 101 East Burlington Street. The property owner, Hieronymi Partners, plans to apply for property tax exemption for the project under the requirements of the Near Southside Commercial Urban Revitalization Plan. In order for a project to qualify for property tax exemption, the City Council must approve the exterior design of the building prior to issuance of a building permit. The project's architect, Cal Lewis of Herbert Lewis Kruse Blunck, will make a formal presentation to the City Council at the Council's March 27, 1995, work session. At its March 20, 1995, meeting, the Design Review Committee reviewed the project and, by an 8-0 vote, recommended that the City Council approve the design plans as presented to the Committee. The design plans before the City Council are those which the Committee reviewed. The Committee reviewed and evaluated the project based on the design guidelines of the Design Review Ordinance. I would refer you to those guidelines as you review the design plans enclosed in your packet. A representative from the Design Review Committee will be present at both your work session and formal meeting. Please note that the resolution only approves the design plans for the project. This approval does not grant approval for either property tax exemption or any other code requirements (i.e. site plan review, building permit review, etc.). Approval of the design plans allows the applicant to move forward with obtaining the necessary permits and approvals. City of Iowa City MEMORANDUM Date: To: From: Re: March 16, 1995 Design Review Committee David Schoon, Economic Development Coordinator'~-~ Final Review of Hieronymus Square Project Cal Lewis of Herbert Lewis Kruse Blunck Associates has submitted a design review application, on behalf of Hieronymi Partners, for final review of the proposed Hieronymus Square project at 101 E. Burlington Street. As the application indicates the project is a five story retail/office building with a central atrium and one level of parking in the basement. Given that the application is for final review, submittal requirements are included in your packet. The applicant will make a formal presentation at the Committee meeting, including material and color samples. However, the samples are available for review in my office prior to the meeting. For your reference during the review of the project, please remember to bring your copy of the Design Review Ordinance and CB-5 Zone requirements. Enclosed in your packet is a design guidelines checklist to use as you review the project. Based on the guidelines of the Design Review Ordinance, the Committee should forward a formal motion to the City Council either recommending approval, recommending approval w'th conditions, or recommending disapproval, f:\...\jan&[eb.clrc~hiersqu.mem City of Iowa City MEMORANDUM" Date: March 16, 1995 To: Design Review Committee From: David Schoon, Economic Development Coordinator~-~~ Re: Design Review Ordinance Guidelines Checklist At a recent Design Review Committee meeting, the Committee requested that a design guideline checklist be prepared, which Committee. members could use when reviewing a project. Attached is such a checklist. In order to fit the guidelines on two pages, we have summarized the ordinance guidelines. For that reason the checklist should only be used as a tool to help members keep track of their evaluation of a project. In reviewing a project, you should use the design guidelines as worded in the actual ordinance. DESIGN REVIEW ORDINANCE GUIDELINES CHECKLIST Building Design: Project's architectural design is desirable and compatible with surroundings. Renovated buildings retain original architectural style and features/materials of original facade. Horizontal and vertical features on building fronts align to enhance visual continuity of streetscape, First floor level provides interaction with pedestrians through use of doors, windows or lighting. Exterior lighting provides adequate illumination for safety purposes and blends with architectural design. Colors are an integral part of the architectural style. Rooftop equipment blends with building design or is screened. Comments: Relationship of Building to Site: Appropriately landscaped, integrates with surroundings, provides transition between project and pedestrian use. Parking and service areas blend with the street frontage or are screened from public view, Height and scale is compatible along the street frontage to preserve character of street. Bui(ding materials, colors, textures, lines and masses harmonize with adjoining buildings and sites. Site grading work blends with surrounding site grades. Comments: Yes No N/A Landscaping: Landscaping complements architectural features and improves the aesthetic quality of the streetscape. Plants which may be injured by pedestrian or motor traffic are appropriately protected. Paved areas are designed to facilitate the safe and efficient circulation of pedestrians and vehicles. Service yards, trash receptacles and storage areas are screened from public view. Existing natural features are maintained and incorporated into site design if possible. Street furniture and miscellaneous structures are integrated with the architectural concept. Comments: Signs: All signs and graphics relate to the building's design characteristics and are compatible with nearby signs. The number and size of signs is minimized in order to avoid visual clutter, Multiple occupancy buildings have developed "signage programs" that promote integrated design and equitable space and size distribution. External or flood lighting complements project design. Signs do not produce excessive glare, Lettering and graphic styles are in keeping with the project's design and character. Comments: Yes No N/A Canopies and Awnings: Canopies and awnings respect the style and character of the structure on which they are located. The highest point of the canopy or its superstructure is not higher than the midpoint of the space between the second story window sills and the top of the first floor storefront window awning canopy or transom Comments: Definitions: COMPATIBILITY: Harmony in the appearance of two or more buildings, structures and landscape developments along the same streetscape. HARMONY.. An aesthetically pleasing image resulting from an arrangement of various architectural and landscape elements. LANDSCAPE: Elements of nature, topography, buildings and other man-made objects viewed in relation to one another. MISCELLANEOUS STRUCTURES: Structures, other than buildings, visible from public ways. Examples are: memorials, antennas, sheds, shelters, fences and walls, transformers, drive-up facilities. SCALE: The relationship of the size of elements to one i~nother and to the human figure. SCREENING: Structures and/or plantings which conceal an area from view from a public way. STREET FURNITURE: Man-made objects other than buildings which are part of the streetscape. Examples are: benches, litter containers, planting containers, sculptures, vending machines and newspaper dispensers. STREETSCAPE: The scene of a public street or way co~nposed of natural and manmade elements, including buildings, paving, plantings, street furniture and miscellaneous structures. Comments: ~OWA crry, ~0~, .. h ,{"E ' .,.W{. }KRU<EII.~I.LNC Transmittal Heironymus $q~rD 9324 17 Maroh 95 David Schoon Messenger 1 Clarifications Referring to the design review set 8 march 95 please note the following: 1. The cast in place concrete wall__19_~a_%~d_~e_,~ieen the loading dock/ service area and t.h9 ~k%~ to_~he b~Low grade parking area will extend a min~m.~f finished grade at the dock. 2. The sidewalk area within the pr~ty lin~ak~g thm ~orth-facade of the buildinR w'~e~d~~ of the pro~ect. As noted on dr~et S~02 und.r ~eral note 2, the exact pattern and coordinated with the direction of tk~Q~y, The. portion beyond the property line will be provided by the Cit~ and coordinated with th~ developer/ architect% 3.The signag.e will be back-lit al~in~ ~s~9_~d ~o in the lower left hand corner of each of tke ~_~on d~wings, 4.The penthouse exterior surfaces w~l be ~m~oa of metal and exterior insulation systems (~I,$,), The color selection will be Rre~ in color to~~ th~ of the exterior surfaces. 5. The sunscreen material w~l b~~ucent fiberglass ma~rial as shown in the typ%cal w~l 6. A color board is enc~%~d to hecate materials beinR considiOt this tlm~. Steve Low R P L ug u9 - F Z W Z W E D EXIS ToSTOP.~ 690.: 687.2 C B A --8"w 8"W ' 8"W 8"W '..B."W 8"Wx..x .. ,t~'g': ;'. STREET ; '-, : :~ ~ ~ ~ES FOR PROPOS~ BUI~iNG TO BE CONNE~ eXiST STmU ~T~.~o ~ ~ ~ AT ~1~ L~A~ON '~'/ J ; ~T .S~ ST , ST--~ ' ,.ST- ~'~~ ... ~ -_ ,,~~.?., . ....~ ~.,. . EXI ,.~ ' '~ B · ~/ .,s- ~ ~' ~'~r -' , x z ~ ~ · IVI~L ~ '. ~ STONE Y/ALL O~ W ¥~EST ENT,,=\?8-.25 -. ' - - ' '- ExIsTING"- . ' ../" 2 $TCRY BLOCK AND BRICK f BUILD!  (~"~ A~^O~ ~L~NS) Ld ,c BU~.IPERS ~ x B Ul LDING~_ ... 684.~ FRONT ENT, 0 '\ CONCRETE RETNNING WALL S R P N M L K J © W ~ W ,~ ~J EXISTING CURB CLT---~ TO BE REMOVED A 8 9 10 11 EXISTING PARKING i, 12 15 ]~ ~5 1 2 3 4 R P N k4 L __ - ug ....... ug K H Z ./ W p- Z W D EXiSTc~]ORhl Ii~TAK: iE~-~ 690,23 6~7.2.~ C 0 I 8" W 8" W----- -~6" w NTERLINE BURLINGTON CONCRETE SURFACE STREET 8" W -- [ - - 8" W 8"W 'r - C59 22 SIDEWALK t50.48 4LL UTILITIES FOR ,PROP BUILDING TO BE CONNE · '- AT THIS LOCATION CO~CRETE CONCRE~ SURFACE L~J L~J ~ ELE:CTF~iC DUCT (SEE ATTACHED PLANS) TRANSFO~,(ER PAD 12 13 !~t 15 INTAKE EXIST STORM SURFACE FF 1ST LEVEL : 684.42 EXISTING .MOD-POD BUILDING · 2 S'(ORY E)R~CK CONC STORM INTAKE TR= 680.23 Z R P N M J H F E EXISTING CURB TO BE REMOVED .NEW CURB CUT · 7 8 9 }0 / LINE Of BUILDING/ EDGE ABOVE ALL UTILITIE~ FOR PROPOSED BUILDING T(~BE CONNECTED AT THIS LO(~AT1ON 12 13 14 ~5 ADVERTISEMENT FOR BIDS IOWA CITY HOUSING AUTHORITY WHISPERING MEADOWS HOUSING DEVELOPMENT PROJECTS NO. IASP022008 & IA5P022009 Sealed proposals will be received by the Iowa City Housing Authority at the Office of the City Clerk, at the Civic Center, until 10:30 a,m, on the 21st day of March, and no later than said date and time. Sealed proposals will be opened immediately thereafter by the Director of Housing and Inspection Services. Bids submitted by fax machine shall not be deemed a "sealed bid= for purposes of this Project, Proposals will be acted upon by the Iowa City Housing Authority at a meeting to be held in lhe Council Chambers of the Iowa City Civic Center, 410 E, Washington St, at 7:30 p.m. on Mamh 28, 1995, or at such later time and place as may then be scheduled. The Projects will involve the following: (a) New construction of nine (9) single family residences and four (4) zero-lot-line residences and all necessary sitework in Whispering Meadows Subdivision, Iowa City, Iowa. (IASP022009) New construction of eight (8) single family residences and twelve (12) zero- lot-line residences and all necessary sitework in Whispering Meadows Subdivi- sion, Iowa City, Iowa. (IA5P022008) Bid documents am available February 22, 1995, from: City of Iowa City Housing Inspection Services 410 E. Washington Street Iowa City, IA 52240 Pre-bid meeting is scheduled Mamh 6, 1995, at 10:30 a.m. in the Lobby Conference Room located in the Civic Center, 410 E. Washington Street, Iowa City. All work is to be done in stdct compliance with the plans and specifications prepared under the direct supervision and responsible charge of James L. Schoenfelder, City Architect of Iowa City, Iowa, which have heretofore been approved by the Iowa City Housing Authority, and are on file for public examination in the Office of Housing and Inspection Services Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 5% of AF-1 '""' ILMED " ' ' CROF ~ ,, ,. ., :,;~, By ' . -. '"'"' ES- ,.' ~.' .'.:: ...'""..,'.?,, ';" ':'~:'" :' INFORMATION t": - : . ..: ,,¢_~,~,~-, .. ...,,. .... "C--84 .... " ' ' .....":: '" :~.":.; .':': '.'.' ~'.'-t'::'..'."" ...,,; ....:, t,.,,,'.'..."., .'. '.".: . . .,' ,..... ' '?' ' '',:?: ,-.. " .~ .t :.~'. ( ,' · . "..' ~.'" ........... ;. ~. :~...;',.~- - -, ~. -.. 1 _ ~x ~~01'q]OdrlJ~{ WEST ELEVATI©N ~ Scheme Jr 0 1O 32 5218 SF 3 4 § 7 F.F. 681.~ 13 ' L' ' L.LL_;L .........L; ........................................ -. 148' ~ 30' 30' I I I 0 1111111 I '~"-.. IIIIIIIIIIIIIIIII I.....[.-'- I -- I- - 29' 30' ~ 30' F,, i lLI I ~ri 'TYPICAL BUILDING SIGNAGE REFER TO ELEVATION FOR LOCATION MATERIAL: ILLUMINATED METAL SIZE: 26'-0' X 1',6' = 39 $Q FT 'I'~q~ICAL BUILDING SIGNAGE REFER TO ELEVATION FQR LOCATION MATERIAL: ILLUMINATED METAL SIZE: 25'-.0" X 1'-6" = 39 8(3 FT T'd~ICAL BUILDING SIGNAGE REFER TO ELEVATION FQR LOCA'I'IQN MATERIAL: ILLUMINATED METAL SIZE: 26'-0" X 1'-6' == 39 $Q FT TYPICAL BUILDING $1GNtlAGE REFER TO ELEVATION FOR LOCATION MATERIAL: ILLUMINATED METAL SIZE: 26'-0" X 1'-6' = 89 8Q Fr BUILDING SECTION 7l?? . -- - . . FOLLOWING 18 "~ BES'I' DOCUMENT AVAILABLE ?. ~,...'Flobdli~lhts.for incandescent· · · · ... ·· ....j or corn Sd t pS .... pact tluore en 'lain': ~,~... Gene,~al purpose floodl/ghl~ulilizin~ inC~hrJeS~enI., ': ,~ '. · ' o~; e*nerg~,ef~lc~enl. Iong"lif~ compacl fJu~rescenl' , . ' "'" ' ' '" ' 1 II die cas! atum hum an ' u=' ' I§h! seurces. A : -' .- c6riSt~uclioh for maximum ~ottosion ¢ I~ sfsinfes$'s eel . ., · · and gasketed, ~u~lab ' : lO~alonsanda~ g ~ " ' ' ' ' ' · - .. ymodntin orJ n at on - . - · ' ,;."i:t Looking S~ Looking So~ Look Looking il, 11 Looki ADVERTISEMENT FOR BIDS IOWA CITY HOUSING AUTHORITY WHISPERING MEADOWS HOUSING DEVELOPMENT PROJECTS NO. IA5P022008 & IASP022009 Sealed proposals will be received by the Iowa City Housing Authority at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 21st day of Mamh, and no later than said date and time. Sealed proposals will be opened immediately thereafter by the Director of Housing and Inspection Services. Bids submitted by fax machine shall not be deemed a "sealed bid' for purposes of this Project. Proposals will be acted upon by the Iowa City Housing Authority at a meeting to be held in the Council Chambers of the Iowa C~ Civic Center, 410 E. Washington St. at 7:30 p.m. on March 28, 1995, or at such later time and place as may then be scheduled. The Projects will involve the following: (a) New construction of nine (9) single family residences and four (4) zero-lot-line residences and all necessary sitework in Whispering Meadows Subdivision, Iowa City, Iowa. (IA5P022009) (b) New construction of eight (8) single family residences and twelve (12) zero- lot-line residences and all necessary sitework in Whispering Meadows Subdivi- sion, Iowa City, Iowa. (IA5P022008) documents are available February 22, Bid 1995, from: City of Iowa City Housing Inspection Services 410 E. Washington Street Iowa City, IA 52240 Pre-bid meeting is scheduled March 6, 1995, at 10:30 a,m. in the Lobby Conference Room located in the Civic Center, 410 E, Washington Street, Iowa City. All work is to be done in stdct compliance with the plans and specifications prepared under the direct supervision and responsible charge of James L. Schoenfelder, City Architect of Iowa City, Iowa, which have heretofore been approved by the Iowa City Housing Authority, and are on file for public examination in the Office of Housing and Inspection Services Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 5% of AF-1 the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa Cily in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the Iowa City Housing Authority. The successful bidder will be required to furnish a bond in an amount equal to one hun- dmd percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the Iowa City Housing Authority, and shall guarantee the prompt payment of all materi- als and labor, and also protect and save harm less the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: December 31, 1995 Liquidated Damages: $100 per day The plans, specifications and proposed con- tract documents may be examined at the Office of Housing and Inspection Services. Copies of said plans and specifications and form of propos- al blanks may be secured at the Office of Doug Boothmy, Director of Housing and Inspection Services of Iowa City, Iowa, by bona fide bidders. A $50 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City ol Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shaJl submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit pdces and extended dollar amounts. If no minority business enterprises (MBE) are utilized, AF-2 the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Civil Rights Specialist at the Iowa City Civic Center by calling 319/356.5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), applies to the contract wfth respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK hlsasst~009~adbid AF.3 City of Iowa City MEMORANDUM Date: March 28, 1995 To; From: Re: The Honorable Mayor Susan M, Horowitz and Members of the City Council Linda Newman Woito, City Attorney ~ Iowa City Housing Authority Project: Whispering Meadows Housing Development, Projects IA05PO22009 and IA05PO22008; Agenda Item #33 on City Council Agenda for March 28, 1995 Issues There have been a number of questions raised as to the bids submitted to the City Public Housing Authority at a bid opening last week, namely March 21, 1995, commencing at 10:30 a.m. On the smaller of the two projects, Project 009 which involves 13 houses, there were five bidders. Of these, McComas-Lacina Construction Company submitted the lowest "base bid," but did not complete the City Bid Form, and did not submit two federal bid documents, namely Form 5369-A (Oedification of Bidders) and Form 2530 (Cedification of Principal Participants and Prior Projects). With respect to the larger project, namely Project 008 involving 20 houses, McComas-Lacina was the only bidder. The problem, again, is that McOomas-Lacina did not complete either the City's Bid Form, and failed to submit the same federal Forms 5369-A and 2530. The following questions have been raised: Is failure to complete the City Bid Form a mere "irregularity" that can or should be waived by the City? Is failure to submit federal HUD Form 5369-A at time of bidding a mere "irregularity" that can or should be waived by the City? Is failure to submit the federal HUD Form 2530, which asks for principal participants and prior HUD experience, a mere "irregularity" that can or should be waived by the City? Summary of Conclusion In reviewing the history of this public housing project, it is clear that the three omissions by McComas-Lacina Construction Company, on two different projects, namely the failure to fill out two portions of the City Bid Form, together with failure to fill out the federal Forms 5369-A and 2530, rise above being "mere irregularities" by virtue of the cumulative effect of the omissions. While Form 5369-A is a "certification" which must simply be signed by the bidder, HUD Form 2530 requests substantive information, namely a "list of all proposed principal participants" and a list of previous history in HUD projects. Moreover, Addendum #2, dated March 13, 1995, explicitly states the following: 2 "Bidders shall submit bid items in two different sealed envelopes. One envelope shall contain the bid form; the other envelope shall contain the bid bond, HUD form 5369-A and HUD form 2530. Follow procedure for both Project No. IA05PO22008 and IA05PO22009 (if your company bids on both Projects, you shall be submitting four (4) sealed envelopes)." [Emphasis added.] More important than the federal requirements, however, McComas-Lacina failed to fill out the City Bid Forms -- thereby omitting a list of "completed work of a similar character to that included in the proposed contract," and "a complete list of persons or parties to whom the contractor proposed to award a subcontract under this contract," see attached. While one might attempt to "overlook" the federal forms, it seems critical to the integrity of the bid process that the City Bid Forms should have been completed, but were not. It is therefore my conclusion that the City's decision to reject the McComas-Lacina bid for the smaller project, namely Project 009, is reasonable under the cimumstances as a "non-responsive" or "incomplete bid." Similarly, it is my conclusion that the City's decision to reject McComas- Lacina's bid on the larger project, namely Project 008, is also reasonable under the circumstanc- es, for the same reasons- "a non-responsive bid." In arriving at this conclusion, I do not look lightly at the overall results - namely we reject the "lowest bidder." However, Iowa law requires the City accept the "lowest responsible bidder," and a non-responsive bid is, by definition, subject to rejection, see §384.95ff, Code of Iowa (1993). However, since these two different Projects will require an inordinate amount of "attention to detail," in terms of filling out separate forms for each Project representing different funding streams, an "inattentiveness to detail" can make, or break, a project. In sum, it is truly unfortunate that the bid documents were not fully submitted by McOomas- Lacina, but that was an apparent business decision on their part, or simply an omission. However, the fact that the other contractors submitted all the forms tells me something - they were eager to obtain the successful bid, and were willing to take the time to do the bid as requested. Background and Analysis; Flndlngs In reviewing the history of the Projects, I make the following findings; Some time last year, Housing and Inspection Services Department Director Doug Boothroy approached the City Council at a work session, and requested informal approval from the Council, to request Housing and Urban Development (HUD) monies, in order to construct single-family or zero lot line dwellings in Iowa City, Iowa. The Council, at that time, gave Doug Boothroy approval to request said monies. On February 14, 1995, the City Council passed a resolution setting a public headng on the plans, specifications and form of contract for construction of 33 single-family public housing units, also know as Whispering Meadows Housing Development, see attached. These plans were actually for two different projects, known as Project 008, involving 20 houses, and Project 009, involving 13 units. 3 On February 21, 1995, the Council adopted Resolution No. 95-32 approving plans, specifications and form of contract for the Whispering Meadows Housing Development, and setting time for bid opening for March 21, 1995, at 10:30 a.m. On Mamh 6, 1995, at 10:30 a.m., Eileen McCahon, who has assisted City Amhitect Jim Schoenfelder in preparing the design plans, specifications and form of contract, conducted a pre-bid meeting for the Whispering Meadows Housing Projects, see attached. At this meeting, the specific question was asked whether the City bid submittal ("Bid Form"), requesting a list of subcontractors, must be supplied twice to the City - once with the bid submittal and again before execution of the contract. The answer to that question was "yes, that is what is required." In attendance at that pre-bid meeting were: Larew Company Inc.; Bowman Exc.; Frantz Construction Company Inc.; and York International, see attached. The City Bid Documents set out in the "Project Manual and Specifications" require the following: In the event there is a conflict between HUD and City documents, the "Iowa City Document shall govern," see attached page 15 of the Project Manual and Specifications for Iowa City Housing Authority Whispering Meadows Housing Development Project ("Project Manual"). b. {}2.9(1) of the "instruction to bidders," p. 19, provides: "Bids shall be made on unaltered copies of the bid form furnished by the Architect. Fill In all blank spaces and submit one copy. Additions, deletions or modifications to the bid form are discouraged and may disqualify bidder." [Emphasis added.] §2.9(5) of the "instruction to bidders," p. 19, states: "The Contractor shall name persons, firms or other parties to whom it proposes to award a subcontract under this contract as required on the BID FORM," see attached page 19 of the Project Manual (emphasis added). {}2.14 entitled "Disqualification," paragraph 3, p. 20, provides: "The Owner [City] may reject Bids which in its sole judgment are either incomplete, conditions, obscure or not responsive or which contain adaitions not called for, erasures not properly initialed, alterations, or similar irregularities, or the Owner [City] may waive such omissions, conditions or irregularities." 4 e. The Bid Form, specifically page 31, Project Manual, requires: "The bidder is requested to state below completed work of a similar character to that included in the proposed Contract and to give references that will enable the Owner [City] to judge experience, skill, and business standing." f. The Bid Form, on page 32, Project Manual, requires: "The Bidder shall provide a complete list of persons, firms or other padies to whom it proposes to award a subcontract under this Contract in the space provided below:" HUD Form 5369-A, found in pages 75-79, Project Manual, states that for HUD-2530: "If the successful bidder does not submit the certificate [Form 2530] with his/her bid, he/she must submit it within three (3) working days of bid opening." HUD Form 2530, entitled "Previous Participation Cedification" and found in pages 107-110 of the Project Manual, requires that the bidder submit a list of all proposed principal padicipants in the project, together with a "list of previous projects and Section 8 contracts," see attached. On March 13, 1995, the City submitted Addendum #2 for the Whispering Meadows project, and specifically included a requirement that both HUD bid forms be submitted with the bid, namely HUD 5369-A (certification) and HUD 2530 (list of prlnclpals and previous HUD projects), see attached, Because this Addendum #2 is more specific than the language listed In the general Project Manual noted In I]6 above, the City document governs, Thus, Addendum #2 which requires both HUD forms 5369-A and 2530 be submitted at time of bid prevails over the Project Manual, and had to accompany the bid opening March 21, 1995. Bid opening was held on March 21, 1995 in the Civic Center for the City of Iowa City, at 10:30 a.m. Two different "bid tabulation" documents were used, which were styled after a federal form: The smaller project, namely Project 009, with five contractors bidding, see attached: Bidder Base Bid HUD Forms Submitted? McComas-Lacina $937,782 Two HUD forms not submit- ted Tod Hackett $1,096,000 HUD forms were submitted AI Tomae $1,033,999 HUD forms were submitted Frantz Construction Co. $938,627 HUD forms were submitted Ben Moore $983,950 Only HUD Form 2530 sub- mitted Bid tabulation for the larger project, namely Project 008, resulted in only one bid, see attached. 10. McComas-Lacina did submit HUD Form 5639-A and 2530 within three days, as originally required in the Project Manual (even though Addenda #2 required submittal at bid opening). McComas-Lacina claims this submittal is sufficient, but staff disagrees. 11. More importantly, City Bid Forms submitted by McComas-Lacina for Project 009, the smaller project, failed to fill out information on "similar character and experience" and "proposed subcontractors" as explained above, I]5. Similarly, McComas-Lacina failed to fill out the two Bid Forms for Project 008. NOTE: To date, these City Bid Forms are not complete. 12. Because the sole bid on Project 008 was not complete, this bid is subject to rejection by the Oouncil. If rejected, Project 008 should be republished and reset for another bid opening. 13. With respect to the smaller project, since Frantz Construction completed all City bid documents and was the lowest responsible bid, the City may accept Frantz Construction's bid for Project 009, see attached Bid Form. 14. Finally, §2.7 of the Project Manual, page 18, states: If a bidder, subcontractor or material supplier has any doubts as to the intentions of the drawings and specifications, or if he finds discrepancies in or omissions from them, the Architect shall be notified immediately." Bidders are always encouraged to call with questions concerning the requirements - especially if they are unclear as to what is being required by the City. Eileen reports to me she received and answered a number of calls from various contractors and subcontractors. While I understand this is a complex area, both factually and legally, it is manageable and subject to resolution at this time. Conclusion Based on the above findings, the City has the following options: Accept the bid for the smaller project, namely Project 009, since there are contractors who have submitted all the required bid documents and constitute the lowest "responsible bid," namely Frantz Construction. 6 The City may reject the sole bidder on the larger project, namely Project 008, as non- responsive because not only was the City Bid Form not completed, but the two HUD forms were not submitted at time of bid as required by Addenda #2. You may reject all bids for both Projects and "start over." Staff does not recommend this option because of unnecessary duplication. I agree. You may elect to waive bid document requirements as "irregularities," and go with the "lowest base bid" for both Projects. This option is not being recommended by City staff, nor by me. I trust this will be of some help to you, but please do not hesitate to ask further questions as needed. You may also wish to defer either one or both items, and deferral remains an option. cc: City Clerk City Manager Asst. City Manager Doug Boothroy Tom Hobart and Bob Downer- Meatdon, Sueppel, Downer & Hayes (Representing McComas-Lacina) Phil Left (Representing Bill Frantz) Attachments RESOLUTION NO. 95-19 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS AND FORM OF CONTRACT FOR CONSTRUCTION OF 33 SINGLE-FAMILY PUBLIC HOUSING UNITS (AKA WHISPERING MEADOWS HOUSING DEVELOPMENT), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING SAID PLANS BE PLACED ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public headrig on the plans, specifications, form of contract for the construction of the above-mentioned project is to be held on the 21st day of February, 1995, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public headng for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than 4 nor more than 20 days before said headng. A copy of the plans, specifications, form of contract for the construction of the above- named project is hereby ordered placed on file by the Director of Housing and Inspection Services in the office of the City Clerk for public inspection. Passed and approved this 14th day of February , 1995. Approved by ATTEST: ~~ '~, '~/-~'~'" CITY'CLERK It was moved by ~ov:[ck and seconded by be adopted, and upon roll call there were: City Attorney's Office the Resolution AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigoff Throgmorton ~mln~whlspmdw.~ RESOLUTION NO. 95-32 RESOLUTION APPROVING PLANS, SPECIFICATIONS AND FORM OF CON- TRACT OF THE WHISPERING MEADOWS HOUSING DEVELOPMENT. WHEREAS, notice of public hearing on plans, specifications and form of contract for the above-named project was published as required by law arid a hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications and form of contract for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 5% of the bid, payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa at the office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 21st day of March, 1995. Thereafter, the bids will be opened by the Director of Housing and Inspection Services or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 28th day of March, 1995. Passed and approved this 2].at day of :Feb~:t~ary , 1995. ClTN- CLERK Approved byk.._~ City Attorney's Office Resolution No. 95-32 Page 2 It was moved by _ Pi~ott and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: x x x , X K_ubb7 the Resolution be ABSENT: ... Baker ~_ Horowitz ~ Kubby Lehman Novick ·. Pigot~ Throgmorton City of Iowa City MEMORANDUM DATE: TO: FROM: RE: March 27, 1995 Linda Woito Eileen McCahon Pre-bid Meeting for HUD Housing Projects The pre-bid meeting for Whispering Meadows HUD Housing Projects took place on March 6, 1995, at 10:30 a.m. at the Iowa City Civic Center. D~Jdng this meeting, Tim Hennes from Frantz Construction Co. asked Jim Schoenfelder and me if we wanted the list of subcontractors to be supplied twice to the City, once with the Bid Submittal and again before execution of the contract. We said '~'es, that is what is required." cc: Doug Boothmy Jim Schoenfelder ADDENDUM NO. 2 March 13, t 995 Whispering Meadows Project No. IA05P022009 BIDS RECEIVED UNTIL 10:30 A.M. CENTPAL DAYLIGHT TIME TUESDAY, MARCH 21, 1995 The information contained in this Addendum modifies, supplements, or replaces information contained in the Project Manual or Drawings, as applicable, and is hereby made a part of the Contract Documents. APPLICABLE TO THE PROJECT MANUAL: A. Front Cover: The Project Number is IA05P022009 not IA5P022009. B. Part 1 - Bidding Requirements 1. Iowa City Housing Authority - Instructions to Bidders: Bidders shall submit bid items in two different sealed envelopes. One envelope shall contain the bid form; the other envelope shall contain the bid bond, HUD form 5369-A and HUD form 2530. Follow this procedure for both Project No. IA05P022008 and IA05P022009 (if your company bids on both Projects, you shall be submitting four (4) sealed envelopes). b. Wdte the Project Name and Number on the outside of each envelope. Submit your bid envelopes to the Office of the City Clerk, Iowa City, by the specified date and time, 2. Bid Form: The Bid Form has been revised, The requirements for a Base Bid, Deduct Alternate and Add Alternate have been clarified. See attached Bid Form, C. Division 2 - Site Work 1. The Contract Officer for the Iowa City Housing Authority is requesting bids for footing excavation, backfill, and compaction be calculated only on excavation to the required frost footing depth below finish grade. The City shall provide an independent Soils/Civil Engineer to evaluate existing soils condition at the site for stability and bearing capacity. If soils prove to be unsuitable, the contractor shall excavate to suitable soil at Soils/Civil Engineer's direction. The extra excavation and compacted backfill shall be reimbursed by a predetermined unit cost based on cubic yards removed and filled; unit pdce to be inserted on bid form. 2. Soil borings for Zero-Lot-Line lots are located at the centerline of the Zero-Lot-Line lots and are therefore representative of both lots. 3. All lots shall have 4'-0~' wide public sidewalks as per City Code. 4. The proposed grading shall be accomplished so that all earthwork quantities of cut and fill shall balance on the site or that excess dirt/rock be removed and dumped at an approved disposal area. PART I - BIDDING REQUIREMENTS PORTANT!! Included In this Project lVlanual are: (1) Iowa City Housing Authority --Instructions to Bidders. (2) Contract~,-Public' 8~n(l'l~dl~,n. Housing Programs. · - , .:,;' .,,.,.,:- ',, In case of confllct,..,.o_!.t(Ist.,~A~..p./~,.the HUD Boc~.m~qt $~all govern unless the is more stringent,'?~'~!~./~l~.8'the Iowa City O~:ui~l!(~{ eh~Jl govern. U.S· Department of Housing and Urban Development -- Instructions to Bidders for acceptability. If the product is acceptable, the Architect will approve it in an addendum issued to all plan holders. Substitutions after the bid date will be considered only if: Specific product or approved substitution is not available or delivery schedule would cause construction delay. b. Savings because of approved substitution as credited to the Owner. 2.9 PREPARATION OF BIDS: 2.10 Bids shall be made on unaltered copies of the bid form furnished by the Architect. Fill in all blank spaces and submit one copy. Additions, deletions or modifications to the bid form are discouraged and may disqualify bidder. Bidders shall acknowledge receipt of addenda in the space provided on the bid form, Bids shall be signed, in the name of the firm, only by authorized persons, such as in the case of: Sole Proprietorships - By Owner Partnerships - One or more partners Corporations- Corporate officers of that corporation Bids signed by others tha~ the above shall have attached evidence of power-of- attorney. The Contractor shall name persons, firms, or other parties to whom it proposes to~. award a subcontract under this contract as required on the BID FORM. BID SECURITY: 1. Bids must be accompanied by a bid bond in the amount equal to five percant (5%) of the maximum value of the bid, including any add alternatives. Bid security will serve as Liquidated Damages if a bidder who is offered a contract fails within ten days to: a. Furnish Pedormance Bond b. File Insurance Certificates c. Sign Contract Bid secudty of three lowest bidders will be retained until contracts are executed. All others will be returned within five (5) days of Bid Opening. If contracts are not executed within 30 days, bid secudty of all bidders will be returned, except those forfeited. lB-3 4. The Owner reserves the right to return the bid security of bidders who, when offered contract, decline when the Owner believes it to be an unrealistic penalty against a reputable contractor for an honest error. 2.11 SURETY BOND REQUIREMENT: 1.Performance bond and labor and materials payment bonds are required in the full amount of the contract, and shall be obtained and paid for by the Contractor. 2, Bonds shall be issued by a bonding company licensed to transact business in the locality of the project and delivered to the Owner on AIA Form A311 not later than the date of execution of contract, Three copies of the bond are required. 2,12 SUBCONTRACTORS: Successful bidder shall furnish to the Architect, for approval, a written list of proposed subcontractors and matedal suppliers within fifteen (15) days after receiv ng the bids and prior to the execution of the contract. 2.13 MODIFICATION AND WITHDRAWAL: 1. Bids may not be modified after submittal. 2. Bids may be withdrawn at any time pdor to bid openings, but may not be resubmitted.. 3, No bid may b~ withdrawn for a period of thirty (30) days after the bid opening. 2.14 DISQUALIFICATION. , 1. The Owner rese~es the right to d~squalify bids, before or a.ff, er opening upon evidence of collusion with intent to defraud or other illegal practices upon the part of the bidder, , 2. No award, will be made to any ,Bidder who, cannot satisfy the Owner that the Bidder has sufficient ability and experience in this class of work and sufficient capita and plant to enable the Bidder to prosecute and complete the Work successfully within the time named, The O,w, nefs decision or judgment on these matters shall be final, conclusive, and binding. . The Owner may make such investigations as it deems necessary and the Bidder shall furnish to the ~Owner, under oath if so required, all such information and data for this purpose as the O.w, her may r,eq~est. , . ~ 3. The Owner may reject Bids which m ~ts sole judgment ar..e. e~ther incomplete, conditions, obscure or not responsive or which contain addit!ons not called for, erasures not propedy initialed, alterations, or simil.a.r irregulantte~, or the Owner may waive such omissions, conditions or irregularities. 4. The Owner reserves the dght to reject any or all Bids, should the Owner deem it to be in the public interest to do so. II ! (Note: If the Bidder is a corporation, affix corporate seal and give below the' names of its president, treasurer, and general manager if any; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential addresses if different from business address.) The required names and addresses of all persons interested in the foregoing Bid, as Principles, are as follows: ! il ! The Bidder is requested to state below completed work of a similar character to that included in the proposed Contract and to give references that will enable the Owner to judge experience, skill, and business standing, (Add supplementary page if necessary) B-3 The Bidder shall provide a complete list of persons, firms or other parties to whom it proposes to award a subcontract under this Contract in the space provided below: If awarded the Contract, Bidder shall not assign the Contract or subcontract the Work or any portion thereof to any persons, firms, or corporations not listed hereinabove without the previous wdtten consent of the Owner. hisasat~2008~2008,bf U.S. Department of Housing and Urban Development Office of Public and Indian Housing Representations, Certifications, and. Other Statements of Bidders Public and Indian Housing Programs Representations, Certifications, and Other Statements of Bidders · Public and Indian Housing Programs Table el Contents Clause Page ;. Confiscate el [ndependenl Price Determination 1 2. Conlingenl Fee Representation and Agreement t 3. certification and Disclosure Regarding Payments to Inituence Cadsin Federal Transacticns 1 4. Organizational Conillate of Interest Certiticatlon 2 5. Bidders Cartificat!on ct Eligibility 2 6. Minimum Bid Acceptance pndcd 2 7. Small, Minority, Woman. Owned Business Concern Rep~asaslatlon 2 8. Indian-Owned Economic Enterprisa and Indian Organization RepcasanmUon 2 9. Centllcaiton el Eligibility Under the Davis. Bacon Act 2 10. Cetttilcatlon of Nonsagtegated Facilities 3 ! 1. Clean Air and Water Cs~itlcation 3 12. p r evicus Partic{parian C e rfil~cate 3 i3. BIddeFs Signature 3 1, Cmliflcate of lad=pendent Price Determination (a) The bidder ca,lilies that- (1) The prices in Ihis bid have been raftred at indepondenlly, without, tar the purpose of rastricl~g com, pettilun, any conau~tlon, communication, or agreement with any other bidder or compsl~or re[sling to (I) these p~as, (fi) the Intentinn to suiomil a bid, or (Ill) ~he mat hods or factors used to calculate the p~ces offered; {2) The prices in this b~d have not base andwfil nat be knowingly disclosed by the bidder, directly or IndUecrib, to a~y ether bidder or competitor balers bid opening (In the case el a saa~ed bid on~italJan) or contract award (in the case of a competENs ~opesal anlic~llon) unless o[hslwise required by la~ end (3) No atlompt has been made o/will be made by the bidder to induce any other concern to submit or not to submit a bid ~er purpose el restricting cornpeCan. (b) Each signature on the bid IS consld~redto be ac~diticatlon hYthe signatory that the signatory-- (1) Is the person in the biddeCo organizeUon raspons~31e Ior determining the prices being e/fared In this bid or proposal, andthat the signalo~/has not participated and will not participate In any contra~ to subparagraphs (a)(I) through (a)(3) above; o/ {2) (I) Has been aulho~ed, In wr~Ing, to act as agent for the following F nclp~a in on~bying that those pdnc~p~als haw not pa~c~ pat ed, andwlfi not pa~icipete In any action control/to aub~.regr~i~ {a)(I) through (a){3} above. [theerr rutinto of potson(s) in the bidder's olganlzatlun r~ for det~idn~g Iho prices olfornd in [hla btd or proposal, and the t~e el hb or poaitlan in the b~ler's organization]; {it) A~ an auth~zed agent, does cm'tl~ thM the ~ n~uned In subdMelen (b)(2)(I) a~va have eat p~d~l~ed, az',dwl parliclp~le, In any ~lun co~r~y to eu~ (a)(3) above; and (Ill) As an agent, has notpersonally pad~cipated, and wdlno{ parllcip~e in any action contrary Io subpa~agrapas (a)(1) through (a)(3) above. (c) ff the bidder deletes or muditlas subparagraph {a)2 above, bidde r must furnish with it s bid a signed st ate ment earring iddh in detail the circumstances el the disclosure. ~ [Contracting Oiticer check tt following paragraph Is applicabiel (O3 Non.collusive elfidavit. (applicable to contracts for canalruction and equipmeal exceeding S50,000) (1) Each bidder shall axecut e, In Ihe form preylead by the PHN IHA, an affidavit to the effect that he/she has not colluded with an)' other person, firm or corporation In rega'd to any bid submitted In response to this solic{latlun. if the successful bidder e~ not sube~ the ~dfidav~ with hi,her bid, he/she must submit it within three (3) wo~ng days el bid ape ning. Failureto su13mit the afiidavtt by that date may render the bid nonresponsNe. No cant/act award v~11 be made ~lhout a properly executed affidavit, (2} A futiy executed 'Non-collusive Nildavit' [ ] Is, ~ Is not Included with the bid. 2, Contingent Fee Representation and Agreement (a) Definitions. As used In this provision: . · Bans fide en~oyee' means apeteen, emp~oyndby a bidder and sablect to tha bidders supervision and control as to t~me, I~.aca, ~ madnor of performance, who neither axe/Is, nor Fopossa to exe~' impmpednfluencato solicit or obtain contracts nor holds out as belog able to obtain any canb'act(s) through Improper Influence. " 'Improper Influence' means any Infiuenca the/Induces or tan~ to [hduce a PHNIHA ampluyee or office/to give consideration o/to ' ' '; i act regarding a PHAdHA contract ~n any basis other than the morl~ of the matter. lb) The bidder rap/asante and cadfiles as pad of its bid that, except (1) [ ] has, [ ] has not ernpicyed or retained any person o.r?.~ company to solicit or ablain this cent/salt a~d (2) [ ] has, { ] has eel paid or agreed to pay to any pemon or., company employed or ratelead to solicit or obtain thb contract any comn~asion, pomestage, brokerage, or other fee conlIngant upon or resulting from the award of this contract. (c) ff the answer to either (a)(t) or (a}(2) ~d3ove b aitlrmatlve, the bidder shall rn&ko an Immediate and fullwT~en disclosure to [he PHN IHA Contracting Officer. (o3 Any mismprasantaitan by the b~det shall give the P.H ,A/~it~, the right to (1) term~ste the contract; (2) at ~ dbcrefion, oeou~ ] contract i~aymante the amount el acy c~nml~lon, bin.ks/age, or other conitngenl fee; er (3) ta~e to the contract. Infiuenee Certain Federal contracts exceeding $100,000) . ,~.~ (e) The deflnltians and prohibitluna contNn~d In 8eeltun 1352 e{l~ 31, United States Code, are hereby In,~ofpomted by lof3 .hi The b~Jder. by signing rls bid, hereby cerl~iss Io Ihe best at his or he~ gnawledge and belial as at O~e~t 23, Ig89 (~) N° F~e~al ap~opdaled lunds have beanpaMor ~11bep~ to ~ny pe~son tar Influencing or a~empllAg to Influence an officer employee o~ any agency, ~ Member o~ Congress, an ndEer or employee ot Congress, or an e~loyee el a Member o~ Congress on h~S Or her behalf m connecllon wRh {he awa~dl~ ot acanl~act resuming [rom {bis sollc~afion; (2} I1 any [unds olher Ih~ Feds ~al ~pmp~alsd[unds (incluring proIll o ~ lee ~eceiv~ under a coveted F~erallmnss~n) have paid. or will ~ paid, Io any pecan lot Iofiuan~ of a~e~tlAg ~nfiuence an off~f or e~ioyee of ~y ~ancy, a MereSt Congress. an offEar or employee of Co~re~, or an e~loyee o~ a Membe~ el Congress on h~ or her bahaft I~ ~n~n ~ Ibis solicfialion, lhe bi~er shaft complete and audit, w~h ~s ~d, OM8 slandard Io~m LLL, 'Disclosure at Lo~ylng ~M~es;' ~d {3) He or she wfilinclude lhe language o[Ihb ~dti~l~ in all sudanIra,s al any tier a~ require Ihat ~1 ~planls el awards In excess el $100,~0 sha~ ~1~ ~d d~iose ~jng~. (c) Submlasio~ oilhis ~11fi~llon a~ d~su~els a ~sr~efot making or enle~ng [ale Ih~ ~nlra~ I~s~ by ~on l~2,[~le 31, Untied Siales C~e. ~y ~mon ~o ~kes ~ o~f~te proh~ dad under Ibis provision or who f~ls to file at ~ ~e to rm I o be flJ~ or amend~ by Ibis pro~sjon, sh~l~ su~ 1o a c~ penally o~ nol less th~ $10,000, ~d not ~re Ih~ $1~,~, for each su~ failure. {d) Indian bibus (excepl Ihose cheered by S~les) ~d In~n organizelions as defin~ In s~ion 4 of Ihe I~ and Education ~lsla~ A~ (25 U.S.C. ~0B) ~e exe~ tram ~e requiremania el Ih~ ~o~1on, 4. Organ~tlon~ ~nfficta of Inter~ The b~de~ ~los that to ~e ~ of Rs ~l~e ~ be~l ~d except as olhe~e dl~ed, he or ~e ~e~ not ha~ Iz al~ nal conf~ of ~letesl wh~ ~ defin~ ~ a s~ual~n ~ wh~ Ihe nalure of work Io ~ pador~ under ~ pt~os~ ~nB~ and ~e b ~der s organEalional, ~ n~, ~el, or ~her Inl~e~e may, without some rest~on on ~lure ~iv~ee: (a) ResuX IO ~ unfair co~et~ve ~an~e to the b~e~ o/, lb) Imp~r ~he ~eda obJ~N~ ~ ~dor~ lbs ~nt~ ~ [ J in the a~e~ ofanya~u~or~e~lj~,lher~y Ihat ~o the b~l o1 my ~owl~ge and ~l~t, no a~al or ~nfllct of interest exists with ~ to my ~le pedo~ at Ihis procuremeaL 5. Biddoes ~dlfl~tWn of Eilglbll~ (a) BY the submbalon of this b~, ~e ~er ~d~lea ~ Io the ~ of ils knowJ~ge and ~tiat, ne~et it, no r ~y ~r~n orll~wh~ h~ an intereel In the b~de~s fl~ nor any of the b~s IS Inel~ible (1) Be awa~ centrods by ~y age~ of the Un~ Government, HUD, at [he Slate In wh~ th~ ~nl~ M [o be ~dor~; off (2) P~te In HUe p~m~ ~muanl to 24 C~ P~ 24,, lb) ~o codti~n In ~r~h {o) a~ve Is a ~ ~con, me ~n~ ~y ~ t~n~ for ~u~ a~ ~e b~or may be debaff~ or lu~ from ~fl ~n HUD 8. Minimum Bid A~a~ number of calendar days available Io Ihe PH.A.,IHA tar awarding a coalrat1 from Ihe dale specified In Ibis Softcitation tar recmpl of bids. lb) Thlspr°vlelonsupersedasanylanguagopmlainJnglolheaccep lance period Ihet may appear elsewhere In Ihls soliofiafion. (c) The PHA,qHA requires a minimum acceplanca period [C:,e~t~acllog Officer ~.~efi'~,'ae.f~od calendar days. or (d) Inlhespaceprovidedknme~a'~below, b~Idsrsmsyspecifya longer acceptance period Ihan the PHA'sfiHA's minimum require. meat. ThebiddereitowalhefoUowlngacceplanceperiod: Caleodar days. {e) A bU silowing less [hen Ihe PHA'slIHA'a minimum acceplance period will be rejected. (f) The bidder agrees to execule eft thai ?t has undedaken Io do. in compliance with tie bid, if thai bid is accoplea in writing w~[hm (I) Ihe ecceplance period sicled In paragraph (c) above or (2) any longer acceplance period stated In paragraph (d) above. Small, Minority, Women-Owned Business Concern Representation The b~dder rel~eaants and ce~liflas as per~ of Its bk:l/offer thai tl - (a) { ] Is, [ J b not a small bushess concern. 'Small bus/hess · concern,' as used in [hla provision, means a concern, Including its ah'lllalos, Ihst IS independanlly oWned and operated, nol detaincol In the field el operation In wh~.h it Is bidding, and quaJlfied as a smell business under [he crilarla and size alanda~de In 13 CFR 121. lb) [ lie, [ lienor swomen'ownodbuslnossanle~prise. 'Women. owned bustessa enterprise,' as used In Ih~ p~ovlsion, means s business t hal Is at least 51 pe~Canl oWned by a woman or women who e~e U.S, Citizens and who also conItel and operate [he business. (o) [ lb, ( ]Isn°la~norltylrdslnasaantsrpdse.*Mlnorllybuslnass eateq~dse,' as ased In [hIs provision, means a business which lae~t 51 percent owned or coalrolled by one or more mJnod~y group merebern or, In [he case of a publicly owned buslness, at least 51 percent of ~ voting s~oc~ [s owned by one or mere mhodty group members, and who~e menagsmenl and daily operalions a~e con. boiled by one or more such L'x:rlv'duaIs. For lhe purpose el [his daftattica, ~norlly group members me: (Chec~ I~e bigcA applicable io you) [ I Black Amer~ne ( J Asian Pe, ctiio Americans [ ] Hispanic Amsthane [ ] Asian I~lan Americans [ J Native Americana I ] Ha~ldlc Jewish Atomicaria 8. Indian-Owned Economic Enterprise and Indian Organization Representation (applicable an~y it this eotic~allan Is for · coalfacile be pealarmed on a project tot an indian Housiog Authority) The b~'der ropressnts and certifies [hat it: (a) [ ] Is, [ J I~ not an Indian-owned economic enterprise. 'Economic anterp~e,' ae us~lnlhlap~ovtaion, means anycommer. ctaJ, Industrial, or business aotNity asl.hllshed or o~ganlzed tot [he purpose of I~'oflt, wfilch Io st le~151 peruant Indian owned. 'Indian,' ea used in ~hIs praYIdea, mean~ any person who Is a member of any ~be, band, group. pu~o, ot cen~nunity wh~ Is recognlz~ by the FedaralGovemmentu etigl~iafar ser/~ces imm [he Bureau olindian Allera and any 'Natrye' ~ dstinecl In Ihe ~ Native 8etll,~nen! Act. lb) [ ] I~, [ ] h not an Indian organization. '[hallart Organlz. atl~a,' ae USedl~ Ifil~l~ov~lon, me~alfisgovaming hodyolanylna~anl~l:~e ' st enlJ~y eat,~blIshed or recAgnlztd hy such governlAg ~dy, In(Ikm 't,-~' means any Sixfilm l~lbe, bsnd, group, pueblo, or oo, mmunlPf .. :,, ~ Native ~es ~d N~ve grco~ (lock.lAg coq~a~na .'~)~ orglvllzed by KanaJ, Juneau, $itXa, and KedlaA) al daftned la Olafme Barllsment Acl, which Is recognized by the e~is for sewices fromtbe Bureau oll~tan Certification of EIIglbllll~ Underthe Davis-Bacon Act (appP, cable to oonstructlon conlrsc~ exceeding $2,000) · Bylha submission of this bid, who has an Inlerest In the bidder's fi~m Is a person inallgible to be awarde~ contracts by the United Sistea ' vlrlue of section 3(a) of the Davis-Bacon Act or 2g :' '(b) No part of the conlrect resulting tram this eollcitalinn shalt be subconlrecledlo any person orl~minallgtble Io be awarded con~acte · bytha Unlled Slates Ooversmsnlbyvlrtue of Section 3(a) of lbs Davis. Bacon Acl or 2g OFA 5. (c) The penally for matting $. Criminal Oede, 18 U.S.C. tOO1. ~0. Cerllflcatlon o f Nonsegregated Facilities (applicable Is · -. ?.?~' contractsexceedingS10000} . (e)~ The bidder's attention Is oiled fo he clause entitled Equal F. mployment OPPort unity sithe G inera~ Conditions of the Cent:act . f.or. Conetruc~on. (b) 'SeOrsgat~d fa<~lfffee,' aa used in this ~ovfaloa, rnean~ any Walling roanre, work areas, rest room~ ~d wash room~, festaurmtis and other oiling areas, time cl~d~, I~:~or memo told alhar alerage .o~ dfesshg arise, parking lois, drinidng Isuntalns, recrsallon m' ..? e.ntedainment areira, transpodallon, and housing f~cl~Jee ix~vidsd 4. ~or ~m,~oyeee, that are segregated by explicit direrfive or are In fac~ '[, ~r~laled on the be~b of race, color, religion, or nettonal odgin "~.ause el h~l, local custom, or othmw~ee. ';i~) BY the eubm~esion of thio bid, Ihe t~dder eerl[.fieothal It does hal an.d will hal maintain or ~ovfde lot Ils eml~oyees ~qy sagregaled factrifles at any st ~ estat~li~hmenis, m~lthal It does hal ~nd will not permit Ifs eml~oyses to perform Ihslt tea, does at any Icoaflon under its control where segregated facliitl~ are maintained. The bidder agreee that e bteacfi el thIs oerlifloation is e violation of the Equal Em~oymenl O~perfunlly clause tn the c~nlmct. (d) The bk~er furthe~ egrsse that (except whore It h~ oblalned Identlcalcertliloallo na from Fa~sed sulX:on~'actors for ~ecliio lime perfect) prior to enfaringlnto aubconfra~ewhlch exceedS10,000and are nol exempt from the rm:lulremenle el the Equal Employmini Opportun~ clause, It will- (1) OlXaln idealteal cedliloalione ~rom the I~'OpOSed subcon. Irac~ors; (2) Retain the certifications In (3) Forward tha teltoWing notice Is the proposed subconlreciom (except II the proposed eubconlrsctom have sulkmitred identical cartitloalione for speclflo tinle periods): "~ ~of3 N~tlcs Is Pro~pectlv~ Sul~ontra~tom of R~ulr~ent for ~atlo~ of ~g~m~ F~II~I~ A Cefi~l~n of Non~r~ F~N~s must ~ sub~ad · e ~ud of a s~nl~ ex~l~ $10,~ ~ ~ not exe~ from ~e ~o~s~ne of ~a ~u~ E~y~nt ~duni~ ~use of ~e~ ~ ~e~t~n ~ ~ sub~ e~har lot eech I~n~ or for Ill I~n~8~s du~ a pi~ (I.e.. q*mdedy, ae~nual~, or No~: ~e ~na~ for ~g fa~e stslementa In b~ IS pro~ed ~ 18 U.S.C. 1~1. 11. Cl~n Air a~ Waer ~lfl~t ~n (a~ll~eto con~racts ex~g $1 o0,0~) ~e ~ar ~a ~al: (a) ~y f~ to ~ us~in the ~or~ of this ~t~act [ J IS, [ ] b not F~ on ~e En~mn~ntal Prot~n ~en~ Ust of ~1~ F~: ~) ~a b~r ~ ~e~ rmU~ ~e PH~HA ~nlra~ng ~r, ~f~e aw~, st ~e re~t of ~y ~n~on Item ~e ~al~talor, or a ~nee, st ~e Envlron~nl~ Prole~lon ~1~, ~ that any f~ lh~ ~e ~er W~seslo use · a ~ar~ of the ~m~ b u~r ~ns~eraUonto be Ibl~ on (o) ~, ~r ~1 I~ a ~dff~t~n ~b~nl~ the same ~ · b ~n, ~g th~ p~agm~ (o), In eve~ nonexert 12, Previous Padlclpatlon ~lfleate (a~l~le to (e) ~e ~ shaft m~e ~ su~ ~ h~ar ~ the Form HUD.2~0, 'Pre~u~ P~on ~te.' fi ~e ~r ~ea ~t s~ ~e ~te w~h h~ b~, h~he must e~ ~in ~ree (3)~ ~ ofb~e~l~. Fal~telosu~ · e ~d~le by ~al ~IS ~y re~r ~e ~ nonre.nebo. No 1~ a~a Signmum ~e ~r hemb~ ~d~l~ ~at the ~for~on ~nl~ in ~ne ~ r~entaffonefs ~rate, ~ete, ~enL (TY~d of Proted Name} PREVIOUS PARTICIPATION CERTIFICATION AllOt PREVIOUS PARTICIPATION CERTIFICATION PART I. CERTIFICATE (To be ~o~oltt~d &,~ Prlm~h of Multff~l~ INSTRUCTIONS FOR COMPLETING THE PREVIOUS PARTICIPATION CERTIFICATE, FORM HUD-2530 (Effective January 1, 1981/or HUD Ass/$t~d Multifamily Housing P~o/ect$.l ! ~ 0,0_ .UU..ST § (j~_ A~p~_ ~ FOn~ xVO~O INSTRUCTIONS FOR COMPLETING THE PREVIOUS PARTICIPATION CERTIFICATE - FORM HUD-25,10 (Continued) q q q q q q q "! if Proiect No.: Proiect Name: BID TABULATION Envelope Addenda 5% Form I 2 Bid Bond i r I 5369-A 2530 Base Bid Descr Envelope ~2 .duct Alternate Add Alternate :ript|on ~ Amount $ per Cubic Yard I Proiect Name: ~l~z./~j5~ ~'A~W~' ~ Con:factor ~ ~, _.~ Addenda ,,n 1 2 BID TABULATION Envelope ~1 5~ Form Form Bid Bond 5369-A 2530 Architect: J i~'l ,'C~-~"/~ L.~-lfW-- Openinq Time: /'.a;?/V~//4,- Bid Date: ~5/-Z.~/t/~5'-- Endlnq Time: /~:5~"~.'~ Base Bid Envelope It2 .u~~.~ Add Alternate ~esr-rilotion :~ Amount $ DEr Cubic Yard BID FORM To the City of Iowa City, Iowa, herein called the Owner, acbng by and through ~ts City Architect, the new construction of eight (8) single family residences and twelve (12) zero-lot-line residences in Whispering Meadows Subdivision, Iowa City, Iowa. The Undersigned, as Bidder, declares as follows: 1. The only parties interested in this BID as Principals are named herein; 2. This BID is made without collusion with any other person, firm, or corporation; No officer, agent, or employee of the Owner is directly or indirectly interested in this BID; q Bidder has carefully examined the site of the proposed Work and is fully informed and satisfied as to the conditions there existing, the character and requirements of the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and Bidder has carefully read and examined the Drawings, the annexed proposed AGREEMENT, the Specifications, any addenda and other Contract Documents therein referred to and knows and understands the terms and provisions thereof; Bidder understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) has been furnished only for Bidder's information and convenience without any warranty or guarantee, expressed or implied, that the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered will be the same a those shown on the Drawings or in any of the other Contract Documents and Bidder agrees not to use or be entitled to use any such information made available to Bidder through the Contract Documents or otherwise or obtained through examination of the site, as a basis of or ground for any claim against the Owner or the Amhitect adslng from or by reason of any variance which may exist between the aforesaid information made available or acquired by Bidder and the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered dudng the construction work, and Bidder has made due allowance therefor in this BID; And Bidder understands that the quantities of work tabulated in this BID or indicated on the Drawings or in the Specifications or other Contract Documents are only approximate and are subject to increase or decrease as deemed necessary by the Architect; And Bidder agrees that if this BID is accepted, Bidder will contract with the Owner, as provided in the copy of the Contract Documents deposited in the office of the Architect, this BID form being part of said Contract Documents, and that Bidder will perform all the work and furnish all the materials and equipment, and provide all labor, services, plant, machinery, apparatus, appliances, tools, supplies and all other things required by the Contract Documents in the manner and within the time therein prescribed and according to the requirements of the Architect as therein set forth, and that Bidder will take in full B-.I payment therefor the lump sum or unit price applicable to each item of the wor~ as stated in the schedule below. (Note: Bidders must bid on each item, All entdes in the entire BID must be made cleady and ~n ink: prices bid must be written in both words and figures.) BASE BID: (Words) ~...,y -.~ D/A~ (Numbers) .00 DEDUCT ALTERNATE: (Alternate Floor System Description) (Words) (Numbers) .00 ADD ALTERNATE: Unit cost for over-excavation and backfill ($ per cubic yard) (Words) Dollars per Cubic Yard (Numbers) .oo As provided in the INFORMATION FOR BIDDERS, the Bidder hereby agreed that Bidder will not withdrew this BID within 30 consecutive calendar days after the actual date of the opening of Bids and that, if the Owner shall accept this Bid, the Bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the requtred CONTRACT BONDS within ten (10) days after notification that the AGREEMENT and other Contract Documents are ready for signature. Should the Bidder fail to fulfill any of the agreements a hereinabove set forth, the Owner shall have the dght to retain as liquidated damages the amount of the bid check which shall become the Owner's property. If a bid bond was given, it is agreed that the amount thereof shall be paid as liquidated damages to the Owner by the Surety. This Bid includes Addenda number Addenda are issued.) (To be filled in by Bidder if The Bidder, by submittal of this BID, agrees with the Owner that the amount of the bid security deposited with this BID faidy and reasonably rapresents the amount of damages the Owner will suffer due to the failure of the Bidder to fulfill the Bidder's agreements as above provided. L.S. (S~gnature and 'l~tte of A/ath~rized (Business Address) Representative) Date ((~ity and §rate) The required names and addresses of all persons interested in the foregoing Bid, as Principles, are as follows: The Bidder is requested to state below completed work of a similar character to that included in the proposed Contract and to give references that will enable the Owner to judge experience, skill, and business standing. (Add supplementary page if necessary) B.3 The Bidder shall provide a complete list of persons, firms or other Parties to whom it proposes to award a subcontract under this Contract in the space provided below: If awarded the Contract, 81alder shall not assign the Contract or subcontract the Work or any po~on thereof to any persons, firma, or corporations not listed herelnabove without the previous written consent of the Owner. BID FORM To the City of Iowa City, Iowa, hereto called the Owner. acting by and through its City Architect, the new construction of nine (9) single-family residences and four (4) zero-lot-line residences in Whispering Meadow subdivision in Iowa City, Iowa. The Undersigned, as Bidder, declares as follows: 1. The only parties interested in this BID as Principals are named herein; 2. This BID is made without collusion with any other person, firm, or corporation; No of~cer, agent, or employee 'of the Owner is directly or indirectly interested in this BID; Bidder has carefully examined the site of the proposed Work and is fully informed and satisfied as to the conditions there existing, the character and requirements of the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and Bidder has carefully read and examined the Drawings, the annexed proposed AGREEMENT, the Specifications, any addenda and other Contract Documents therein referred to and knows and understands the terms and provisions thereof; Bidder understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) has been furnished only for Bidder's information and convenience without any warranty or guarantee, expressed or implied, that the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered will be the same a those shown on the Drawings or in any of the other Contract Documents and Bidder agrees not to use or be entitled to use any such information made available to Bidder through the Contract Documents or otherwise or obtained through examination of the site, as a basis of or ground for any claim against the Owner or the Architect adsing from or by reason of any vadance which may exist between the aforesaid information made available or acquired by Bidder and the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered during the construction work, and Bidder has made due allowance therefor in this BID; And Bidder understands that the quantities of work tabulated in this BID or indicated on the Drawings or in the Specifications or other Contract Documents are only approximate and are subject to increa. se or decrease as deemed necessary by the Architect; And Bidder agrees that if this BID is accepted, Bidder will contract with the Owner, as provided in the copy of the Contract Documents deposited in the office of the Architect, this BID form being part of said Contract Documents, and that Bidder will perform all the work and furnish all the ~naterials and equipment, and provide all labor, services, plant, machinery, apparatus, appliances, tools, supplies and all other things required by the Contract Documents in the manner and within the time therein prescribed and according to the requirements of the Architect as therein set forth, and that Bidder will take in full B-1 payment therefor the lump sum or unit pdce applicable to each item of the work as stated in the schedule below. (Note: Bidders must bid on each item. All entdes in the entire BID must be made cleady and in ink; pdces bid must be wdtten in both words and figures.) BASE BID: (Words) ~/~X (Numbers)" 7 .2_ .oo DEDUCT ALTERNATE: (Alternate Floor System Description) (words) (Numbers) ~0 .00 ADD ALTERNATE: Unit cost for over-excavation and backfill ($ per cubic yard) (Words) Dollars per Cubic Yard (Numbers) .oo As provided in the INFORMATION FOR BIDDERS, the Bidder hereby agreed that Bidder will not withdraw this BID within 30 consecutive calendar days after the actual date of the opening of Bids and that, if the Owner shall accept this Bid, the Bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within ten (10) days after notification that the AGREEMENT and other Contract Documents are ready for signature. Should the Bidder fail to fulfill any of the agreements a hereinabove set forth, the Owner shall have the right to retain as liquidated damages the amount of the bid check which shall become the Owner's property. If a bid bond was given, it is agreed that the amount thereof shall be paid as liquidated damages to the Owner by the Surety. This Bid includes Addenda number Addenda are issued.) (To be filled in by Bidder if The Bidder, by submittal of this BID, agrees with the Owner that the amount of the bid security deposited with this BID fairly and reasonably represents the amount of damages the Owner will suffer due to the failure of the Bidder to fulfill the Bidder's agreements as above provided. (SEAL)/~d'~,~¢r- Z4,~?,~,~ C'~./.,~r¢",~,-,o,,, ~' L.S. - '(~gnature-an~l Title of Autho~e'd (Business Address) Representative) Date ~C~ and State) B-2 The bidder is a corporation incorporated in the State (or Commonwealth) of - a partnership - an individual. (Bidder must add and delete as necessary to make this sentence read correctly.) (Note: If the Bidder is a corporation, affix corporate seal and give below the names of its president, treasurer, and general manager if any; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential addresses if different from business address.) The required names and addresses of all persons interested in the foregoing Bid, as Principles, are as follows: The Bidder is requested to state below completed work of a similar character to that included in the proposed Contract and to give references that will enable the Owner to judge experience, skill, and business standing. (Ad-~ supplementary page if necessary) B~3 The Bidder shall provide a complete list of persons, firms or other parties to whom it proposes to award a subcontract under this Contract in the space provided below: If awarded the Contract, Bidder shall not assign the Contract or subcontract the Work or any podion t.hereof to any persons, firms, or corporations not listed heroinabove without the previous written consent of the Owner. hisasSt~2008~,OOS,bf BID FORM To the City of Io.wa City. Iowa, herein called the Owner, acting by and through its City Architect, the new construction of nine (9) single-family residences and four (4) zero-lot-line residences in Whispering Meadow subdivision in Iowa City, Iowa. The Undersigned, as Bidder, declares as follows: 1. The only parties interested in this BID as Principals are named herein; 2. This BID is made without collusion with any other person, firm, or corporation; No officer, agent, or employee of the Owner is directly or indirectly interested in this BID; Bidder has carefully examined the site of the proposed Work and is fully informed and satisfied as to the conditions there existing, the character and requirement~ of. the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and Bidder has carefully read and examined the Drawings, the annexed proposed AGREEMENT, the Specifications, any addenda and other Contract Documents therein referred to and knows and understands the terms and provisions thereof; Bidder understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) has been fumished only for Bidder's information and convenience without any warranty or guarantee, expressed or implied, that the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered will be the same a those shown on the Drawings or it't any of the other Contract Documents and Bidder agrees not to use or be entitled to use any such information made available to Bidder through the Contract Documents or otherwise or obtained through examination of the site, as a basis of or ground for any claim against the Owner or the Amhitect adsing from or by reason of any variance which may exist between the aforesaid information made available or acquired by Bidder and the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered dudrig the construction work, and Bidder has made due allowance therefor in this BID; And Bidder understands that the quantities of work tabulated in this BID or indicated on the Drawings or in the Specifications or other Contract Documents are only approximate and are subject to increa. se or decrease as deemed necessary by the Architect; And Bidder agrees that if this BID is accepted, Bidder will contract with the Owner, as provided in the copy of the Contract Documents deposited in the office of the Architect, this BID form being part of said Contract Documents, and that Bidder will perform all the work and furnish all the materials and equipment, and provide all labor, services, plant, machinery, apparatus, appliances, tools, supplies and all other things required by the Contract Documents in the manner and within the time therein prescribed and according to the requirements of the Amhitect as therein set forth, and that Bidder will take in full B-1 payment therefor the lump sum or unit price applicable to each item of the work as stated in the schedule below. (Note: Bidders must bid on each item. All entries in the entire BID must be made clearly and in ink; pdces bid must be written in both words and figures.) BASE BID: Nine Hundred Thirty Eight Thousand Rix X~ndr~ q'~ont¥ $e~ren and 00/]00 $ q~R,627 .00 (Words) (Numbers) Slab on Grade In Lieu of Crawl Space ~ Lots 8,18, DEDUCT ALTERNATE: 88 & 89, 164 & 165= (Alternate Floor System Description) No Chan~;P 0 .00 (Words) (Numbers) ADD ALTERNATE: Unit cost for over-excavation and backfill ($ per cubic yard) Thirty Dollars and 64/LO0- 0Nords) Dollars per Cubic Yard $ 30,, 64 .00 (Numbers) As provided in the INFORMATION FOR BIDDERS, the Bidder hereby agreed that Bidder will not withdraw this BID within 30 consecutive calendar days after the actual date of the opening of Bids and that, if the Owner shall accept this Bid, the Bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within ten (10) days after notification that the AGREEMENT and other Contract Documents are ready for slgnature. Should the Bidder fail to fuifi[I any of the agreements a herslnabove set forth, the Owner shall have the dght to retain as liquidated damages the amount of the bid check which shall become the Owner's property. If a bid bond was given, it is agreed that the amount thereof shall be paid as liquidated damages to the Owner by the Surety. This Bid includes Addenda number Addenda are issued.) 1 and 2 (To be filled in by Bidder if The Bidder, by submittal of this BID, agrees with the Owner that the amount of the bid security deposited with this BID faidy and reasonably represents the amount of damages the Owner will suffer due to the failure of the Bidder to fulfill the Bidder's agreements as above provided, (SEAL) No Corporate Seal BY(signature.and Title of Autl~ Fed_ Representative) ~ ~. William L. Erantis, ~ ~sidenb and Secretary ~ ~ Date _March .21, 193~"..= 325 Third Street (Busine.~s Address) ~Iowa City, Iowa 52240 (City and State) B-2 The bidder is a corporation incorporated in the State (or Commonwealth) of Iowa - ~:~tt~t~Xa~Fi~'~. (Bidder must add and delete as necessary to make this sentence read correctly.) (Note: If the Bidder is a corporation, affix corporate seal and give below the names of its president, treasurer, and general manager if any; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential addresses if different from business address.) No corporate seal. The required names and addresses of all persons interested in the foregoing Bid, as Principles, are as follows: William L. Frantz, President and Secretary of Frantz Cons%ruction Co. 325 Third Street Iowa City, Iowa 52240 Sherry L. Frantz, Vice-President of Franbz Construction Co. 325 Third Street Iowa City, Iowa 52240 The Bidder is requested to state below ~mple~d woA of a similar character to that included in the proposed Contm~ and to give re~rences that ~11 enable the Owner to judge experience, s~11, and business standing. Iowa City Turnkey Housinq (5 b~il_~inqs, 24 apartments) Systems Unlimited Group Homes (10 homes for the handicapped in Iowa City, Coralville, Williamsburg and Washington, Iowa) Johnson County Administration Office Building Johnson County Courthouse Remodeling Coralville Pool and Recreation Center Addition Iowa City West High School Addition Iowa City High Scho91 Addition Systems Unlimited Group Home (1 6-bedroJo_m grolu~home) Mount Prospect Subdivision Part V, several single-family homes (Add supplementary page if necessa[y) Bo3 The Bidder shall provide a complete list of persons, firms or other parties to whom it proposes to award a subcontract under this Contract in the space provided below: 1. Muller Plumbing 2. Kelly Heating 3. Precision Electric If awarded the Contm~ Bidde/' shall not assign the Contract or subcontract the Work or any po~on thereof to any persons, firms, or coq3orattons not listed hereinabove without the previous written consent of the Owner. hla. asst~2008~OOS.bf B..4 Subcontractors and Material Suppliers may examine documents at the Civic Center. If documents are required for longer than a 24-hour period, documents must be obtained from the Office of Housing and Inspection Services. 2.6 EXAMINATIONS: Bidder shall carefully examine the project manual and construction site to obtain first-hand knowledge of existing conditions, Contractors will not be given extra payment for conditions which can be determined by examining the site and documents, All information given on the Drawings or in the other Contract Documents relating to subsurtaca and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the Owner. All such information is furnished only for the information and convenience of bidders and is not guaranteed. It is egrsed and understood that the Owner does not warrant or guarantee that the subsur[ace or other conditions, natural phenomena, existing pipes or other structures encountered during construction will be the same as those indicated on the Drawings or in the other Contract Documents. It is agreed furlher and understood that no Bidder or contractor shall use or be entitled to use any of the information made available to it or obtained in any examination made by it in any manner as a basis of or ground for any claim or demand against the Owner or the Architect, arising from or by reason of any variance which may exist between the information made available and the actual subsurface or other conditions, natural phenomena, existing pipes or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents. 2,7 QUESTIONS AND INTERPRETATIONS: Submit all questions to the Architect in writing, If clarification is necessary, wdtten addendum will be issued to the plan holders of record. 2, Neither the Owner n~r the Architect will be responsible for oral instructions, Questions received less than seven (7) calendar days before bid opening cannot be answered, If a bidder, subcontractor or material supplier has any doubts as to the intentions of the drawings and specifications, or if he finds discrepancies in or omissions from them, the Architect shall be notified immediately. A pre-bid conference will be held at the Iowa City Civic Center on M~ch 6, z99~at 10~30 A~ 2.8 SUBSTITUTIONS: To obtain approval of unspecified products, bidders shall submit written requests at least seven (7) working day~ before the bid date and hour, Requests received after this time will not be considered. Requests shall clearly describe the products for which approval Is asked, including all data necessary to demonstrate lB-2 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WHISPERING MEADOWS HOUSING PROJECT, #1A05PO22009. WHEREAS, Frantz Construction of Iowa City, Iowa, has submitted the lowest responsive bid of $938,627 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Frantz Construction of Iowa City, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, receipt of amendment funds from HUD and such other documents as may be required by the City. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, receipt of amendment funds from HUD and such other documents as may be required by the City. Passed and approved this day of , 1995. ATTEST: CITY CLERK MAYOR Approved by-,. ~;i~y Attorney s Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. RESOLUTION REJECTING BID FOR CONTRACT FOR THE WHISPERING MEADOWS HOUSING PROJECT, #1AOSPO22008 AND REBIDDING SAID PROJECT. WHEREAS, the City Council of the City of Iowa City authorized receipt of bids for the Whispering Meadows Housing Project on February 21, 1995; and WHEREAS, one (1) bid was received; and WHEREAS, this bid did not conform with all terms and conditions of the invitation for bids, and WHEREAS, the Housing Inspection Services recommends rejection of the bid, and WHEREAS, a public hearing on the plans, specifications, form of contract for the construction of the above-mentioned project was held on the 21 st day of February, 1995, at 7:30 p.m. in the Council Chamber, Civic Center, Iowa City, Iowa. NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The bid received be rejected. 2. The above-named project be rebid. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the City. 4. The bids for the above-named project are to be received by the City of Iowa City, Iowa at the office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 24th day of April, 1995. Thereafter, the bids will be opened by the Director of Housing and Inspection Services or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 25th day of April, 1995. Passed and approved this day of , 1995. ATTEST: CITY CLERK MAYOR A~v, ed by~ ~ ey's Office