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HomeMy WebLinkAbout1995-10-10 ResolutionRESOLUTION NO, 95-291 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: Mini Mart - 731 S, Riverside Drive It was moved by Pigott and seconded by adopted, and upon roll calltherewere: Throgmorton the Resolution be AYES: NAYS: ABSENT: x x x x X x Baker Horowitz Kubby Lehman Novick __ Pigott __ Throgmorton Passed and approved this 10th day of October ,19 95 . clerk\cigpermt.res Approved by RESOLUTION NO. 95-292 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORIVl OF CONTRACT, AND ESTIMATE OF COST FOR CONTRACT 1 - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 24th day of October, 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 hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing, , A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this lOth day of October , 1995. ATTEST:C]T~";~E~~ ~ey's Of}ice /~- It was moved by Pigott and seconded by adopted, and upon roll call there were: Throgmorton AYES: NAYS: ABSENT: x x x X x X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be RESOLUTION NO. 95-293 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 322 E. BLOOMINGTON STREET, IOWA CITY, IOWA WHEREAS, on June 8, 1989 the property owner of 322 E, Bloomington Street executed a no interest Five Year Depreciating Lien in the amount of $6,000 through the City's Housing Rehabilitation Grant Program; and WHEREAS, said Promissory Note created a lien against the subject property; and WHEREAS, the terms and conditions of the note were satisfied June 8, 1994, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 322 E. Bloomington Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the $6,000, which was recorded in Book 1077, Pages 425 through 427, of the Johnson County Recorder's Office. Passed and approved this lOth day of October ,1995. ~?P ~)e's Office It was moved by p4 gr,~-r and seconded by Throgmorton adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X x X X X Baker Horowitz Kubby Lehman Novick Pigott Thingmorton RELEASE OF LIEN The City of Iowa City does hereby release the property at 322 E. Bloomington Street, Iowa City, Iowa, legally described as follows: The East one-half of Lot Seven (7), Block Fifty-Seven (57), in Iowa City, Iowa, according to the recording plat thereof, from an obligation of the property owner to the City of Iowa City in the principal amount of $6,000 represented by a no interest Five Year Depreciating Lien recorded in the Office of the Johnson County Recorders Office on August 17, 1989, in Book 1077, Page 425 thru 427. This obligation has been satisfied 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 document. CITY OF IOWA CITY, IOWA ATTEST: / Mayor ~' ce/(::) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /b ~ day of C)~o-.~e_¢- , A.D. 19 '~5 . before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz and Madan 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.~s-Z?3 adopted by the City Council on the Z._~day br-a'o~ ,19q_5.; and that the said Susan M. Horewitz and Madan 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. ppdrenabt322eb~oo tel Notary Public in and for Johnson County, Iowa RESOLUTION NO. 95-294 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'R'EST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 420 N, GILBERT STREET, IOWA CITY, IOWA WHEREAS, on June 21, 1985 the property owner of 420 N. Gilbert Street executed a no interest Ten Year Depreciating Lien in the amount of $15,000 through the City's Rental Rehabilitation Program; and WHEREAS, said Promissory Note created a lien against the subject propen'y; and WHEREAS, the terms of the note were satisfied June 21, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 420 N. Gilbert Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the $15,000 which was recorded in Book 777, Pages 107 through 110 and Pages 112 through 115, of the Johnson County Recorder's Office. Passed and approved this 10th day of October 1995. ATTEST:Ci~~ 2~ Y Appr city It was moved by PiRot t adopted, and upon roll call there were: and seconded by Thromnorton AYES: NAYS: ABSENT: plxlrehabvi2Ong~b,res Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be RELEASE OF LIEN The City of Iowa City does hereby release the property at 420 N. Gilbert Street, Iowa City, Iowa. legally described as follows: The South 55.2 feet of Lot 4, and the South 55.2 feet of the West 20 feet of Lot 3. all in block 49, in Iowa City. towa, according to the recorded plat thereof, from an obligation of the property owner to the City of Iowa City in the principal amount of $15,000 represented by a no interest Ten Year Depreciating Lien recorded in the Office of the Johnson County Recorders Office on June 27, 1985, in Book 777, Page 107 thru 110, and Pages 112 through 115 This obligation has been satisfied and the property is hereby released. in full, from any liens or clouds upon title to the property described above by reason of said prior recorded document. CITY Of iOWA CITY, IOWA ATTEST: City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /a day of /..)c-)o~e,- , A.D. 19 f5 . before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz and Madan 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 by the City Council on the/.Z~2 day City Council, as contained Resolution No. ~5"Zqqadopted ~ Oc~ ~>~r' ,1995; and that the said Susan M. Horowitz and Madan 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. ppdrehab',420ng~b tel Notary Public in and for Johnson County, Iowa RESOLUTION NO, 95-295 RESOLUTION AUTHORIZING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) AMENDMENT #16 TO THE CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC-9166 WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has authorized funding for 1995 Comprehensive Improvements Assistance Program (CLAP) funds; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer Certificate, Voucher and Public Housing Programs; and WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City would benefit from the Comprehensive Improvements Assistance Program funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said Amendment to the Department of Housing and Urban Development for ClAP funds. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this lOth day of October , 1995. I It was moved by Pigotc and seconded by adopted, and upon roll call there were: q,hrnF2~orton the Resolution be AYES: NAYS: ABSENT: X X X X X x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-296 A RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND BUDGET, WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds granted by the U. S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, on April 26, 1994, the Iowa City City Council adopted Resolution No. 94-123, authorizing filing of the 1994 Program Statement for the use of CDBG funds; and WHEREAS, a substantial change in a project requires an amendment of the 1994 Program Statement; and WHEREAS, the bids for the original Iowa City Public Housing Authority, Whispering Meadows Landscaping project are under budget; and WHEREAS, the funding allocated will allow the Iowa City Public Housing Authority to make additional general property improvements including landscaping to publicly owned housing units at Broadway and Shamrock Place serving low and moderate income citizens; and WHEREAS, on August 22, 1995, the Committee on Community Needs recommended approval of this budget amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The amendment to the 1994 CDBG Program Statement is hereby authorized and approved. 2o The City Manager is hereby directed to file said amendment with the UoS. Department of Housing and Urban Development. lnrh day of nctobor , 1995. Passed and approved this ~ney's'Office/~ ~ 0pdcd~OXlimeml ces Resolution No. 95-296 Psge 2 It was moved by _ Pil~o~t and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: Thn~'~;mnrf:nn the Resolution be ABSENT: Baker __ Horowitz Kubby Lehman . Novick Pigott _ Throgmorton City of iowa City MEMORANDUM Date: October 5, 1995 To: City Manager and City Council From: Steven Nasby, Associate Plannerd/~ Re: 1994 CDBG Budget Amendment: Iowa City Public Housing Authority: Landscaping Project The 1994 CDBG Program Statement, approved by Council on April 26, 1995, included $33,000 for landscaping the 33 homes in Whispering Meadows. Bids for this project came in under the $33,000 budget; therefore, the Iowa City Public Housing Authority has requested that it be allowed to use the remaining funds to make general exterior property and landscaping improvements for Public Housing units at Shamrock Place and Broadway. In other words, the location of where CDBG funds are will change, while the actual use of the funds remains the same. Because, under HUD regulations, the proposal to use funds at locations constitutes a "substantial change" in a project, the City Council must approve a budget amendment to the 1994 CDBG Program Statement. On August 22, 1995, the Committee on Community Needs reviewed this request and recommended the approval of the budget amendment. RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION, PART THREE, IOWA CITY, IOWA. WHEREAS, the owners, Paul M. & Mary F. Kennedy and Southgate Development Company, filed with the City Clerk the final plat of Kennedy's Waterfront Addition, Part Three, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Commencing at the Northeast Corner of Section 22, Section 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°32'O0"W, (A RECORDED BEARING), 2604.28 feet, to a Point on the West Right-of-Way line of the CRANDIC Railway Co. {formerly the Chicago, Rock Island and Pacific Railroad), and the Northeast Corner of Lot 1, of Kennedy's Waterfront Addition, Part One, in accordance with the plat thereof Recorded in Plat Book 22, at Page 56, of the Records of the Johnson County Recorder's Office; Thence N89°22'49"W, along the North Line of said Lot 1, the Westerly Projection thereof, and the Northerly Line of Lot 1, Kennedy's Waterfront Addition, Part Two, in accor- dance with the Plat thereof Recorded in Plat Book 29, at Page 37, of the Records, of the Johnson County Recorder's Office, 996.00 feet, to the Northwest Corner of Said Lot 1, of Kennedy's Waterfront Addition, Part Two, and.the Point of Beginning; Thence S00°27'35"W, along the West Line of Lots 1, 2, 3, and 4, of said Kennedy's Waterfront Addition, Part Two, 380.00 feet, to the Southwest Corner of said Lot 4; Thence S89°22'49"E, along the South Line of said Lot 4, 211.98 feet, to the Southeast Corner of Said Lot 4, and a Point on the Westerly Right-of-Way Line of South Gilbert Street; Thence Southeasterly, 370.83 feet, along a 5146,16 foot Radius Curve, concave Northeasterly, whose 370.75 foot chord bears S03°10'27"E; Thence N89°32'25"W, 535.48 feet, to a Point on the East Line of a 7.33 Acre Tract, in accordance with the Warranty Deed, Recorded in Deed Book 389, at Page 447, of the Records of the Johnson County Recorder's Office; Thence N00°27'35"E, along said East Line, 200.00 feet, Thence N89°32'25"W, 50.00 feet; Thence SOO°27'35 "W, 94.83 feet; Thence S53 °50'O0"W, 102.03 feet; Thence N87°50'O0"W, 440.00 feet, Thence N10° 16'47"W, 17.75 feet; Thence NO1°24'29"E, 363.14 feet; Thence N13°13'O0"E, 187.17 feet; Thence N20°24'28"E, 251.69 feet; Thence N19°39'15"E, 152,26 feet; Thence N24°57'O9"E, 281.99 feet; Thence N17°46'41"E, 341.20 feet; Thence NO8°26'22"E, 351.68 feet; Thence NOO°48'24"W, 232.54 feet, to a Point on the Southerly Right-of-Way Line of Highway No. 6; Thence S71 °02'40"E, along said Right-of-Way Line, 120.00 feet; Thence S36°38'O9"E, along said Right-of*Way Line, 88,48 feet; Thence S70°59'59"E, along said Right-of-Way Line, 250.04 feet; Thence S85°O4'50"E, 99.68 feet; Thence SO2°22'15"E, 419.55 feet; Thence N87°43'30"E, 68.07 feet, to the Northwest Corner of Lot 12, of Sand Lake Addition, in accordance with the Plat thereof Recorded in Plat Book 1 O, at page 23, of the Records of the Johnson County Recorder's Office; Thence S05° 13'30"E, along the West Line of Sa~d Lot 12, of Sand Lake Addition, 121.27 feet; Thence S34 o 27'11 "W, along the West Line of Said Lot 12, of Sand Lake Addition, 127.85 feet, to the Northeast Corner of Lot 9 of said Sand Lake Addition; Thence S52°27'11 "W, along the West Line of Said Lot 9, 60.00 feet; Thence S82°27'11 "W, along said West Line, 85.00 feet; Thence S24°27'11 "W, along said West Une, 65,00 feet, to the Northwest Corner of Said Lot 9, and the Northeast Corner of Lot 8 of said Resolution No. Page 2 Sand Lake Addition; Thence S44°27' 11 "W, along the Westerly Line of Said Lot 8, 170.00 feet, to the Northwest Corner of said Lot 8, and the Northeast Corner of Lot 7 of said Sand Lake Addition; Thence S70° 11 '24"W, 133.41 feet; Thence S24°01 '45"W, 113.86 feet; Thence S11 °25'53"W, 83.96 feet; Thence S37°53'34"E, 131.85 feet, to a point on the West Line of Lot 6 of said Sand Lake Addition; Thence S00°37'11 "W, along said West Line, 7,36 feet to the Southwest Corner of Said Lot 6; Thence S89°22'49"E, along the South Line of Said Lot 6, 277.53 feet, to the Point of Beginhing. Said Tract of Land contains 31.23 acres, more or less, and is subject to easements and restrictions of record, WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved, The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons, The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall also record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, at the expense of the owner/subdivider, Passed and approved this day of , 1995. ATTEST: CITY CLERK ppdadmtn'~kennedy3.tes MAYOR PHELAN, TUCKER, MULLEN, BRIGHT & WALKER, L.L.P. WILl/AM V. PHELAN WILLIAM M. TUCKI~ DANIEL W. BOYLB C}IARLBS A. MULLION ~,l~rl~N E BRIGHT BRUCB L. W~ RICHAKD M. TUCK3R THOMAS H. GBLMAN srl]vl~ R. REGBNWFrH]~ GARY l- SCHMIT MARGARET P. W'INEGARDI~N ~ L. PULKRABBK JOHN 1t. BBABLIIY KIMBBRLy W. I?~.CON MICHAEL J. PUGH ATTORNEYS AT LAW 321 MARKET P-O. BOX 21.50 IOWA Ch'Y, IOWA 52144 LOUIS SHULMAN (1908-1982) (519) 35~6962 Tm, ln~loNg: (319) 35441o4 October 9, 1995 City Council City of Iowa City Civic Center 410 East Washington Street Iowa City, IA 52240-1826 Rel Kennedy's Waterfront Addition Part Three The undersigned hereby agrees that the time period within which the City Council must act on the Final Plat of Kennedy's Waterfront Addition - Part Three shall be extended to October 24, 1995. SO~..~ATE DEVELOPMENT COMP~aNY, INC. B d~/C~rles A M , RESOLUTION NO. 95-297 A RESOLUTION APPROVING A JOINT AGREEMENT OF COMMUNICATION AND COOPERATION WITH RESPECT TO ALLOCATION AND DIVISION OF PROPERTY TAXES FOR INDUSTRIAL NEW JOBS TRAINING PROGRAMS WHEREAS, in order to promote communication and cooperation between City of Iowa City, Iowa {"Iowa City") and Kirkwood Community College, Cedar Rapids, Iowa ("Kirkwood"), no Projects as defined in Iowa Code Chapters 260E and 26OF (1995), utilizing incremental property taxes, shall be undertaken within the area of operation of Iowa City after July 1, 1995, unless Iowa City and Kirkwood shall have entered into an agreement or have jointly adopted a plan, all as provided in Iowa Code Section 403.21 {1995), and WHEREAS, Iowa City and Kirkwood recognize there are benefits from conferring and cooperating in utilizing tax increment revenues to the best interest of Iowa City, its residents and employees, and WHEREAS, Iowa City and Kirkwood have determined to enter into this Agreement for purposes of addressing all issues of material interest with respect to future Projects, including but not limited to the appropriate division of incremental property taxes, NOW, THEREFORE, RE 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 Kirkwood Community College, 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 lOth day of October · 1995. ATTEST:CiT~LE~BK ~' ~ney's~ ecodev\kirkwood.res Resolution No. 95-297 Page 2 It was moved by Pigott and seconded by adopted, and upon roll- call there were: . AYES: NAYS: ~-hby ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton JOINT AGREEMENT OF COMMUNICATION AND COOPERATION This Agreement (the "Agreement") is made and entered into as of October 1_?.~.'7 1995, between Kirkwood Community College. Cedar Rapids. Iowa ("Kirkwood") and the City of Iowa City, Iowa ("iowa City") under the following circumstances: A. In order to promote communication and cooperation between Iowa City and Kirkwood, no Projects as defined in Iowa Code ChaptePs 260E and 260F, utilizing incremental property taxes, shall be undertaken within the area of operation of Iowa City after July 1, 1995, unless Iowa City and Kirkwood shall have entered into an agreement or have jointly adopted a plan, all as provided in Iowa Code Section 403.21. B. Iowa City and Kirkwood recognize there are benefits from conferring and cooperating in utilizing tax increment revenues to the best interest of Iowa City, its residents and employees. C. Iowa City and Kirkwood have determined to enter into this Agreement for purposes of addressing all issues of material interest with respect to future Projects, including but not limited to the appropriate division of incremental property taxes. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL REPRESENTATIONS AND AGREEMENTS HEREINAFTER CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: ARTICLE "Certificates" means industrial new jobs training certificates issued by Kid~Nood pursuant to Iowa Code Chapter 260E. "Fund Advance" means an advance of state funds pursuant to Iowa Code Chapter 260F. "Project" means an industrial new jobs training project, within Iowa City's area of operation, undertaken pursuant to wdtten agreement with Kirkwood pursuant to Iowa Code Chapter 260E or 260F, and utilizing incremental property taxes as a funding source. "Project Site" means the real estate, including improvements constructed thereon, where new jobs are created pursuant to a Project. "Urban Renewal Area" means any urban renewal area established by Iowa City pursu- ant to Iowa Code Chapter 403, and in existence on or after the date of this Agreement. "City Council" means the City Council of the City of Iowa City. Iowa. Other terms used in this Agreement shall have the meaning set out in Chapters 260E, 260F and 403 of the Iowa Code. ARTICLE II To ensure that cooperation and communication is achieved to assure the best utilization of property incremental taxes, the following protocol will be followed with respect to all Projects. Section 2.1. Upon request, Iowa City shall provide Kirkwood with sufficient information to determine the exact location of each Urban Renewal Area. Section 2.2 In accord with Iowa Code Section 403.21, Iowa City and Kirkwood agree that Kirkwood shall notify the City Council of any proposed jobs training programs which are pot financed by incremental property taxes by sending sufficient information regarding the proposed jobs training program to Iowa City via certified mail, addressed to the City Clerk, or by personal delivery to the City Clerk, prior to execution of the proposed preliminary and final jobs training program agreements, but that City Council approval of said non-incremental property tax funded jobs training programs shall not be required pdor to execution of the preliminary and final jobs training program agreements. As for Projects to be financed by incremental property taxes, Iowa City and Kirkwood agree that Kirkwood shall obtain approval from the City Council for each proposed Project pdor to executing both the preliminary and final agreement regarding a proposed Project with an employer. City Council approval of both the preliminary and final agreements shall be obtained as outlined below. Section 2.3 Iowa City and Kirkwood agree that Kirkwood shall notify Iowa City of each Project, whether or not financed by incremental property taxes, by sending sufficient information regarding the proposed Project to Iowa City via certified mail, addressed to the City Clerk, or by personal delivery to the City Clerk, before executing a preliminary agreement with an employer regarding such Project. "Sufficient information" shall, to the extent applicable, include, but not be limited to, the name of the employer with whom the Project will be conducted, data regarding the number of new jobs created. the number of employees provided program services under the Project, the median wage of employees in the new jobs in the Project, the estimated growth in valuation expected as a result of the Project. the proposed division of revenue and the fiscal impact on Iowa City and affected tax entities. Section 2.4 Within twenty-five (25) calendar days of the receipt of notice of a preliminary agreement regarding a proposed Project which requires City Council approval, the City Council shall, by Resolution, approve, approve with modifications, or deny the preliminary agreement regarding a proposed Project. If the City Council does not act on the preliminary agreement regarding a proposed Project within twenty-five (25) calendar days of the above notice, the preliminary agreement regarding a proposed Project shall be deemed approved. Kirkwood Community College may, however, agree, in wdting, to an extension of the above twenty-five (25) calendar day time period required for the approval of the preliminary agreement regarding a proposed Project. Section 2.5 Approval by the City Council of a preliminary agreement regarding a proposed Project authorizes Kirkwood to proceed with preparation of the final Project agree- ment between Kirkwood and the employer, Approval of the preliminary agreement regarding a proposed Project shall be effective for a pedod of twenty four (24) months unless, upon written request of Kirkwood, the City Council, by resolution, grants an extension of the time. If notice of the final Project agreement as referenced in Section 2.6 is not mailed to the City Clerk within twenty four (24) months of the date of approval of the preliminary agreement regarding a proposed Project, all previous actions of the City Council with respect to the proposed Project shall be deemed null and void. Section 2.6. Pdor to the execution of any final Project agreement between Kirkwood and the employer which requires City Council approval, Kirlwvood shall notify Iowa City by certified mail, addresse;d to the City Clerk, or by personal delivery to the City Clerk, of its intent to enter into a final agreement regarding a Project before execution of the final agreement. Within twenty-five (25) calendar days of the receipt of notice of a proposed final agreement which requires City Council approval, the City Council shall, by resolution, approve, approve with 2 modifications, or deny the proposed final Project agreement. If the City Council does not act on the final Project agreement within twenty-five (25) calendar days of receipt of the above notice, the final Project agreement shall be deemed approved. Kirkwood Community College may, however, agree, in writing, to an extension of the above twenty-five (25) calendar day time period for approval of a final Project agreement. ARTICLE III Section 3.1. Iowa City and Kirkwood agree that the Johnson County Auditor shall provide for the division of incremental taxes from a Project Site for purposes of computing tax increment dollars available to Iowa City and Kirkwood consistent with this Agreement. Section 3.2. Project Sites Within an Urban Renewal Area. Following approval of the final Project agreement as provided in Article II hereof, the division of taxes shall be agreed upon by Iowa City and Kirkwood within thirty (30) calendar days, and the plan of dWision in the form attached as Exhibit I shall be provided to the Auditor in writing signed by designated representatives of Iowa City and Kirkwood. Section 3.3. Proiect Sites Outside an Urban Renewal Area. Following approval of the final Project agreement as provided in Article II, Kirkwood may proceed with the Project and the incremental property taxes from the Project Site will be available to Kirkwood for purposes of the Project. ARTICLE IV Term; Amendment; Termination Section 4.1. The term of this Agreement shall be two (2) years from the date set forth above. Notwithstanding the above, all actions of City Council hereunder shall survive said two (2) year term. Section 4.2. This Agreement may be amended by written amendment adopted in the same manner as the original. Section 4.3 This Agreement may be terminated by either Party upon thirty (30) calendar days written notice sent by certified mail to the other party at their regular business address. ARTICLE V Section 5.1. This Agreement may be adopted in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. Section 5.2. It shall not be necessary to amend this Agreement upon any boundary adjustment (by, annexation, consolidation or severance). From and after the effective date of any of the foregoing this Agreement shall include or exclude any new Projed Site consistent with the boundary adjustment. IN WITNESS WHEREOF, Iowa City has caused this Agreement to be appmved by resolution of its governing body and has caused this Agreement to be duly executed, all as of the above date. CITY OF IOWA CITY, IOWA A,est: ~.~ Madan K. Karr. City Clerk IN WITNESS WHEREOF. Kirkwood has caused this Agreement to be approved by resolution of its governing body and has caused this Agreement to be duly executed. all as of the above date. Kirkwood Community College ATTEST:~ ~ ~ 4 EXHIBIT I - FORM OF NOTIFICATION TO AUDITOR IOWA INDUSTRIAL NEW JOBS TRAINING PROJECT LOCATED IN URBAN RENEWAL AREA-AGREED DIVISION OF TAXES PURSUANT TO SECTION 403.2t CODE OF IOWA, 'i995 In accordance with an agreement entered into between the undersigned Municipality and Community College pursuant to Section 403.21 Code of Iowa, 1995, it is agreed that incremental property taxes available from the Project Site descdbed on Exhibit A attached shall be apportioned to the College in accordance with the schedule attached as Exhibit B, The College will certify to the County Auditor on or before December 31 of each year the amount of indebtedness which qualifies for payment, College Authorized Representative Municipality Authorized Representative [Attach legal description of Project Site as Exhibit A and financial schedule as Exhibit B showing incremental taxes to be paid to the College for purposes of the Project or attach other schedule as Exhibit B. In the event of a change in project location or a change in the financial schedule at the time of final agreement between Kirkwood and the Employer, Municipality shall be notified and provided with the revised legal description and the revised financial schedule.] Kirkwood Community College ( Project) S City of Iowa City MEMORANDUM Date: To: From: Re: October 6, 1995 City Council City Manager Joint Agreement with Kirkwood Community College Regarding the Use of Property Taxes for the Industrial New Jobs Training Program During the 1994 legislative session, the state legislature passed legislation requiring that a community college shall not undertake new jobs training projects within the area of operation of a municipality after July 1, 1995, unless the municipality and community college have entered into an agreement or have jointly adopted a plan relating to a community college's new jobs training program. On the Council's agenda is a resolution approving an agreement between the City and Kirkwood Community College regarding the use of the new jobs training program within the Iowa City corporate limits. Given the Council's interest in how local public funds are used for economic development projects, City staff has negotiated an agreement with Kirkwood Community College that gives the Council a participatory role when Kirkwood is establishing new jobs training projects that utilize incremental property taxes. The proposed agreement requires City Council approval for each project utilizing incremeniai property taxes both prior to Kirkwood entering into a preliminary agreement with the company and prior to Kirkwood entering into a final agreement with the company. The agreement also states that Kirkwood will notify the City about each project that utilizes only new jobs credit from withholdingr, but that City approval is not required of those projects. The term of the proposed agreement is for two years. At the end of this period, the City and Kirkwood will review the effectiveness of the agreement and renegotiate its contents if necessary. The agreement also allows either party, upon thirty calendar days written notice to the other party, to terminate the agreement. 1New jobs credit from withholding: The employer is required to withhold from an employee's salary a portion of that salary for purposes of the state income tax on the employee's salary or wages. Instead of remitting the total amount so withheld to the State of Iowa, a portion is sent to the community college by the employer to fund the jobs training project. The State of Iowa is the taxing entity that loses revenue as a result of the new job training agreement. 2 All municipalities within the Kirkwood Community College District must enter into an agreement with Kirkwood prior to Kirkwood establishing a jobs training project with an employer. The content of each agreement will vary from community to community. Some communities may only require notification that Kirkwood is entering into a jobs training agreement while others may require a more participatory role. Given the Council's desire to participate in projects that use local funds, in this instance property taxes, I believe the agreement gives the Council a more participatory role. JOINT AGREEMENT OF COMMUNICATION AND COOPERATION This Agreement (the "Agreement") is made and entered into as of October _. 1995, between Kirkwood Community College, Cedar Rapids, Iowa ("Kirkwood") and the City of Iowa City, Iowa ("Iowa City") under the following circumstances: ; / incremental pmpe~y taxes, shall be unde~aken within the area of operation of Iowa City after July 1, 1995, unless Iowa Cit and Ki~ood shall have entered into an agreement or have jointly adopted a plan, all as pr vided in Iowa Code Section 403.21 (1995), as amended. B. Iowa City and Kir~ood ecognize there are benefits from confe~ng and cooperating of addressing all issues of with respect to future Proje~s. including but not limited to the appropriate division pmpe~y taxes. NOW, THEREFORE, REPRESENTATIONS AND HERETO AGREE AS FOLLOWS: OF THE PREMISES AND THE MUTUAL HEREINAFTER CONTAINED, THE PARTIES ~RTICLE I "Certificates" means industri~ to Iowa Code Chapter 260E (199{ as g certificates issued by Kirkwood pursuant nded. "Fund Advance" means ~ 3dvance ( (1995), as amended. pursuant to Iowa Code Chapter 260F "Project" means an operation, undertaken Chapter 260E or 260F funding source. :Justdal new to written as amended, training project, within Iowa City's area of with Kirkwood pursuant to Iowa Code utilizing incremental property taxes as a "Proj he real estate, new jobs are created }ursuant to a Project. 9rovements constructed thereon, where "Urban Ren ant to Iowa Code Agreement. Area" means any urban renewal area established by Iowa City pursu- (1995), as amended, and in existence on or after the date of this "City Council" means the City Council of the City of Iowa City, Iowa. Other terms used in this Agreement shall have the meaning set out in Chapters 260E, 260F and 403 'of the Iowa Code (1995), as amended. ARTICLE II To ensure that cooperation and communication is achieved to assure the best utilization of property incremental taxes, the following protocol will be followed with respect to all Projects. Section 2.1. Upon request, Iowa City shall provide Kirkwood with sufficient information to determine the exact location of each Urban Renewal Area. Section 2.2 In accord with Iowa Code Section 403.21 (1995). as amended. Iowa City and Kirkwood agree that Kirkwood shall notify the City Council of any proposed jobs training programs which are not financed by incremental property taxes by sending sufficient informa- tion regarding the proposed jobs training program to Iowa City via certified mail, addressed to the City Clerk, or delivery to the City Clerk, prior to execution of the proposed preliminary and final jobsprogram agreementsj but that City Council approval of said non-incremental propertyfunded jobs training pr'grams shall not be required prior to and final jobs training pro ram agreements. As for Projects to be financed by incremental Iperty taxes. Iowa Cityd Kirkwood agree that Kirkwood shall preliminary and final j approval of both the and final agreements shall be obtained as outlined below. ,,' Project, whether or not financed t i regarding the proposed Project to City ce~ified mail. addressed to the City Cle~, or by personal delivery to the City employer regarding such Project. include, but not be limited to. the n conducted. data regarding the program services under the Project. tt Project, the estimated growth in division of revenue and the fiscal impact executing a preliminary agreement with an information" shall. to the extent applicable. of the employer with whom the Project will be hew jobs created, the number of employees provided median wage of employees in the new jobs in the expected as a result of the Project, the proposed Iowa City and affected tax entities. Section 2.4 Within twenty-five (2 preliminary agreement regarding a' proposed City Council shall. by Resolution,/approve, ap agreement regarding a proposed Project. agreement regarding a proposed Project calendar days of the receipt of notice of a ect which requires City Council approval, the with modifications, or deny the preliminary City Counci! does not act on the preliminary twenty-five (25) calendar days of the above notice. the preliminary agreement regarding aProject shall be deemed approved. Kirkwood Community Colleg~ may, however ~ in wdting, to an extension of the above twenty-five (25) calendar da time period re~ u rErthe approval of the preliminary agreement i I by the City Councd a preliminary agreement regarding a proposed Project author~.es Kirkwood to proceed preparation of the final Project agree- ment between Kirkwoo and the employer. Approval a proposed Project sh II be effective for a period of written request of Kir ood, the City Council, by resol regarding a proposed Project, all previous actions of proposed Project shall be deemed null and void. preliminary agreement regarding four (24) months unless, upon grants an extension of the time. 26 is not mailed to the City of the preliminary agreement Council with respect to the Section 2.6. Prior to the execution of any final Project the employer which requires City Council approval, Kirkwood mail, addressed to the City Clerk, or by personal delivery to the tnt between Kirkwood and Iowa City by certified of its intent to enter 2 into a final agreement regarding a Project before execution of the final agreement. Within twenty-five (25) calendar days of the receipt of notice of a proposed final agreement which requires City Council approval, the City Council shall, by resolution, approve, approve with modifications, or deny the proposed final Project agreement. If the City Council does not act on the final Project agreement within twenty-five (25) calendar d ys of receipt of the above notice, the final Project agreement shall be deemed approved. rkwood Community College may, however, agree, in writing, to an extension of the above twe ty-~ve (25) calendar day time pedod for approval of a final Project agreement ARTICLE III Section 3.1. Iowa City and Ki ood agree that the Johnson County Auditor shall provide for the division of incremental tes from a Project Site for purposes of computing tax increment dollars available to Iowa Citynd Kirkwood consistent with this Agreement. Section 3.2. Project Sites Within a Urban Renewal Area. Following approval of the final Proje agreement as provided in Article II hereof, the division of taxes shall .be. .agre.ed upon by !.o a City and .K!rkwood within t.hirty (30) celen.dar / Section 3.3. Project Sites Outside an Following approval of the final Pro provided in Article II, Kirkwood may proceed with the Project and the taxes from the Project Site will be available to Kirkwood for Project. ARTICLE Amendment; Te Section 4.1. The above. Notwithstanding th~ (2) year term. Agreement shall all actions of City two (2) years from the date set forth ncil hereunder shall survive said two Section 4.2. Thi., ment may be amended by same manner as the ol inal. amendment adopted in the Section 4.3 days written notice reement may be terminated by certified mail to the other party Party upon thirty (30) calendar ular business address. 3 ARTICLE V Section 5.1. This Agreement may be adopted in any number of counterparts. each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. Section 5.2. It shall not be n~ adjustment (by annexation, consolidE any of the foregoing this Agreement with the boundary adjustment. IN WITNESS WHEREOF, Io~ resoluti. on of its governing body and ha the above date. CITY OF IOWA CITY, IOWA / !cessary to amend this Agreement ion or severance). From and hail include or exclude any new any boundary date of Site consistent City has caused caused this Agreement to be approved by duly executed, all as of By: Susan M. Horowitz, Mayor Attest: Marian K. Karr, City Clerk IN WITNESS WHEREOF, irkwood resolution of its governing body a d has the above date. A'I'rEST: caused this Agreement to be approved by reement to be duly executed, all as of Kirkwood Community College By: 4 EXHIBIT I - FORM OF NOTIFICATION TO AUDITOR IOWA INDUSTRIAL NEW JOBS TRAINING PROJECT LOCATED IN URBAN RENEWAL AREA-AGREED DIVISION OF TAXES PURSUANT TO SECTION 403.21 CODE OF IOWA, 1995 In accordance with an agreement entered into between the undersigned Municipality and Community College pursuant to Section 40.21 Code of Iowa, 199,~', it is agreed that incremental property taxes available from the Proj ct Site described on of each year the amount of indebtedness which qualifies fcr payment. [Attach legal description of Project Site as showing incremental taxes to schedule as Exhibit B. In the event of a change schedule at the time of final agreement betwee; be notified and provided with the revised leg Kirkwood Community College Project) Col Authorized Representative Municipality Authorized Representative A and financial schedule as Exhibit B for purposes of the Project or attach other act location or a change in the financial and the Employer, Municipality shall and the revised financial schedule.] ti RESOLUTION NO. 95-298 RESOLUTION AWARDING CONTRACT AND AUTHORIZING N1AYOR TO SIGN AND CITY CLERK TO ATTEST THE CONTRACT FOR THE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER AT THE WATER SUPPLY AND TREATMENT FACILITY SITE. WHEREAS, Layne-Western, a Division of Layne Inc., has submitted the lowest responsible bid of 9333,586.80 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 Layne-Western, a Division of Layne Inc., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this. lOth day of October ,1995. ATTEST: CIT~~ ~' Approved b~. ~ney's 'Office~/~-- It was moved by Nov.~ck and seconded by adopted, and upon roll call there were: K,hhy the Resolution be AYES: NAYS: ABSENT: x x x x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pweng~lordnwefi.res 3o3 OCT (~6 '95 10:,56RM h R GREEN R. Green Company CONSULTING I=NGINEERS October 4, 1995 Mr. Charles 8chmadeke, P.E. Director of Public Works City of Iowa City CMc Center 410 East Washington Street Iowa City, LA 52240 Dear Chuck: RE: Water System Improvements Jordan Well No. 1 - 1995 We have reviewed the Form of Proposal8 and Bid Forms submitted for construction of the above-noted project. The proposals and bid bonds am in order and we recommend award of the project to the low bidder, Layne-Westem Co., Inc. forthe amount of $333,586.80. Enclosed Is a Bid Tabulation of the letting results. The low bid exceeded fie Engineers Estimate ($246,120.00) by approximately 36%, The higher than expected bid reflects fie expected uncertainty associated with bidding this type ofwark. These two bidders am the only ddllers ir~ Iowa with the capability to ddll thls well. Also enclosed for your use are three (3) cOpies of Section 00490, Notice of Award from the Project Manual. Upon award of the project by the City, please sign and date these forms and forward all three (3) copies to the Contractor. Sincerely, HOWARD R. GREEN COMPANY Ralph J. Russell, P.E. President RJR/mjp Enclosures cc + Bid Tab: Unda Woito Ed Moreno O:IPRO, R5't 30t ~JORDAN1 tIPEC~10-4-95.LTR 4250 Glass Rd., N-E. · P.O. Box 9009, Cedar R~pid8, Iowa 52409-9009 · Phone 3191395-7805 · FAX 3191395-9410 ADVERTISEMENT FOR BIDS WATER SYSTEM IMPROVEMENTS JORDAbl WELL NO. 1 IOWA CITY. IOWA .1~95 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 3rd day of October, 1995. and shall be received in the City Clenk's office no later than said date and time. Sealed proposals will be opened immediately thereaf{er by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on October, 10, 1995, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of a Jordan water production well and test pumping. The Jordan well construction generally includes drilling a 20 inch diameter upper borehole, a 14-1/2 inch diameter lower borehole, furnishing and installing a 16 inch diameter steel casing and other appurtenances, together with related subsidiary and incidental work. All work ~s to be done in strict compliance with the plans and specitications prepared by Howard R. Green Company, 4250 Glass Road N.E., P.O. Box 9009, Cedar Rapids, Iowa 52409-9009, 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 fumished 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, ~n 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 fodeited 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 insunng the faithful performance of the contract and mainte- nance 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 Water System Im~ A~~'ORBIDS Water System Improve nts -1 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 responsible 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 cantract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and formal acceptance by the The following limitations shall apply to this Project: Completion Date: 150 calendar day following Notice to Proceed Liquidated Damages: $200.00 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 the office of Howard R. Green Company, Consulting Engineers, 4250 Glass Road N.E., P.O. Box 9009, Cedar Rapids, Iowa 52409-9009, by bona fide bidders. A $50 00 deposit 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 Howard R. Green Company. A refund of $25.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. 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 subcontract This list shall include the type of work and approximate subContract amount(s). AD~NT FOR BIDS pH~ 5,~jjmpany The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) am 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 Human Rights Coordinator at ~e 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 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 proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK .-e ADVER/~T FOR BIDS AF-3 DEFEATED RESOLUTION NO, RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEM Ei~ITS. WHEREAS, Wendler Engineering and Construction, Inc. has submitted the lowest responsible bid of $962,000.00 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 Wendler Engineering and Construction, Inc., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this day of ,1995. ATTEST: CITY CLERK it was moved by adopted, and upon roll call there were: MAYOR Approved by <~ttorney's O:rfice and seconded by AYES: NAYS: ABSENT: X X X x x the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 3o3{ October 4, 1995 Mr. Chuck Schmadeke Public Works Director City of Iowa City Civic Center 410 East Washingtoll Iowa City, IA 52240 Dear Mr. Schmadeke: The bids for the GSR Pump System Improvement Projest have come in significantly over the Engineers Opinion of Probable Construction Cost. We recommend that the City delay award of the project until October 24, 1995. Dudng this time, we will negotiate with the apparent low bid contractor, Wendler Construction of South Amana, Iowa, to reduce project scope and cost to maximize the value of the project to the City while minimizing construction costs. I have asked Randy Reihmann, of Wendler Construction, to write a letter to you detailing his willingness to extend the award period for his contract. I will be relaying information to you and Ed Moreno in the next week and a half detailing possible items that can be reduced in scope or eliminated from project to reduce construction costs. If you have any questions, please feel free to give me a call. Sincerely, H~GR~NY Chris L. Catlin, P.E. CLC/src cc:Randy Reihmann, Wendler Construction O:\PROJENV~IC~512550.J01~0050~,104SCHMD.LTR 4685 Merle Hay Road o Suile 106 · P-O. Box 31039, Des Molnes. iowa 50310.1317 · Phone 515/278-2913 · Fax 515/278-1846 Project Engineers M~agers · Conetructors October 3. 1995 Mr. Chuck Schmadeke City of Iowa City Civic Center 410 East Washington Street Iowa City, IA 52240 Dear Mr. Schmadeke: We understand that our bid for the GSR Pump System Improvements project was over the budgeted amount. Your consultants H. R. Green Ce. have discussed this matter with us and would like to try and negotiate a revised bid price more suitable with your budget. We are in favor of this and will extend our proposal through October 25, 1995 to allow some time for pricing of revisions. We will expect that the completion time be adjusted accordingly for any delays in award of the contract after the 10th of this month. We will also ask that any agreed upon revisions be properly documented by your consultants via change order to the contract as specified. It is our intent to negotiate all revisions in a good faith manor. We look forward to serving your community in any way we are able. Sincerely, WENDLER ENGINEERING AND CONSTRUCTION. INC. Randy L. Reihmann, P,E Vice President cc: Chris Catlin, H.R.G. Co. E0. Box 170 , 1648 T Avenue · South Amana, IA 5233¢0170 Phone: 319-622-3816 ~ Fax: 319-622-6095 Howar~l" teen Company 0-J01 Iowa DNislon Ground Storage Resen/olr Pump Syste vements ADVERTISEMENT FOR BIDS IOWA CITY WATER DIVISION GROUND STORAGE RESERVO{R PUMP SYSTEM IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 3rd day of October, 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 meetjng to be held in the Council Chambers at 7:30 P.M. on October 10, 1995, or at such later time and place as may then be scheduled. The Project will involve the following: Renovation of pumping systems including pumps, motors, piping and controls at three existing ground storage reservoir/booster stations, together with related subsidiary and incidental work. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 4685 Merle Hay Rd., Des Moines, Iowa 50322, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful pedormance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and theother 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. ADV~~ BEDS Howard R. Green Company Project No. 512550.-J01 Iowa City Water Division Ground Storage Reservoir Pump System Improvements Iowa City, Iowa The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bend to be issued by a responsible 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 the maintenance of tile improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: May 1, 1996 Liquidated Damages: $200.00 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 the office of Howard R. Green Company, Consulting Engineers, 4685 Mede Hay Rd., Des Moines, Iowa 50322, by bona fide bidders. A $75.00 deposit 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 Howard R. Green Company A refund of $25.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. 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 subcontracto 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 Agreement 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 minodty contractors is available at the City, and can be obtained from the Human Rights Coordinator 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 ADVERTISEMENT FOR BIDS Howard R. Green Company Project No. 512550-J01 Iowa City Water Division Ground Storage Reservoir Pump System Improvements Iowa City, Iowa 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 proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR. CITY CLERK ADVERTISEMENT FOR BIDS AF-3 RESOLUTION NO. 95-299 RESOLUTION OF INTENT TO CONVEY TWO SINGLE-FAMILY DWELLINGS, STREET ADDRESS OF 3331 DUBUQUE STREET AND 3337 DUBUQUE STREET, IOWA CITY, IOWA, BY A SEALED BIDDING PROCESS, AND SETTING A PUBLIC HEARING FOR OCTOBER 24, 1995. WHEREAS, the City condemned the approximately 229 acres for the new Iowa City water supply and treatment facility, located north of Interstate 80 and west of North Dubuque Street, which site contains two single-family dwellings approximately 32 years of age and in average condition; and WHEREAS, the tenants of the houses have found other housing, and so both houses are vacant; and WHEREAS, the City's Community Development Division has inspected the two houses, and does not wish to use them in any "affordable housing" project because not cost-effective; and WHEREAS, the Public Works Director has received inquiries from persons interested in purchasing at least one of the houses, and he now wishes to begin the procedures needed to dispose of said property, as established by Iowa law; and WHEREAS, it is in the best interest of the City to have the two houses removed from the water facility site for security reasons, and at the least cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in the two houses, including removal of the houses, with street addresses of 3331 Dubuque Street and 3337 Dubuque Street, Iowa City, Iowa, by way of a sealed bidding procedure which is described in the bid forms attached hereto and incorporated by reference herein. A public hearing on said proposal is hereby set for October 24, 1995, at 7:30 p.m. in the Council Chambers of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, and the City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this Inch day of nPtn~,pr , 1995. ATTEST:C~ ~. ~ ~drney,s 'Offic~C'/~ CITY OF IOWA CITY SEALED BID FOR PURCHASE AND REN1OVAL OF SINGLE-FAIVllLY DWELLINGS AT 3331 DUBUQUE STREET AND 3337 DUBUQUE STREET, IOWA CITY, IOWA The City of Iowa City, Iowa desires to dispose of two single-family dwellings, now located at 3331 Dubuque Street and 3337 Dubuque Street, Iowa City, Iowa, by a sealed bidding process whereby the successful bidder will pay to remove the houses to a location off the new Iowa City Water Supply and Treatment Facility site ("Water Facility Site"). The following requirements will apply to the bidding procedure. Removal of the entire house from the Water Facility Site is required by the successful bidder, excluding the house's existing foundation and to occur at one time. Removal does not mean demolition, or "board-by-board takedown." Houses will be available for viewing by appointment only; call the Public Works Department at 356-5140 to set up an appointment. 3, Bidders may bid on removing both or either house. Bid must include total offer, which shall include the price offered on the house, as is on the site. Method of removal from the Water Facility Site must be noted. In case of a tie between bidders for total offer, the City will award the bid as the City deems in the best interest of the City of Iowa City. Schedule for removal shall be established by date, but shall be no later than May 1, 1996. The bidder shall be required to obtain all moving and other relevant permits, including insurance which shall be satisfactory to the City. If the destination of the move is within the city limits, the City will require the mover's name to be provided to the City and shall be satisfactory to the City, Possession of the houses and the Bidder's right to remove the houses will become effective the date a contract is signed with the successful bidder and approved by formal City Council resolution. The houses will be sold for removal "as is, where is." Once possession and the right of removal transfers to the successful bidder, all responsibility, ownership and liability shall pass to the bidder, 10. Bid amount for each or both house removals shall accompany the bid in the form of a certified check, sealed in a separate envelope for each house removal bid. 11. Bid opening: 9:00 a.m. Tuesday, October 24, 1995, Civic Center, Iowa City, Iowa, addressed to Cathy Eisenhofer, Purchasincj Agent. 12. City reserves the right to reject all bids and to waive nonsubstantive irregularities. BID FORM 1 Purchase of and removal of house at 3331 Dubuque Street, Iowa City, Iowa Total removal cost (price for house) Method of removal Approximate schedule for removal Destination (if Iowa City) Payment enclosed by certified check Bids due no later than 9:00 a.m. Tuesday, October 24, 1995, to the attention of Cathy Eisenhofer, Purchasing Agent, Civic Center, Iowa City, IA 52240. If questions, call Cathy Eisenhofer at 356-5075 or Chuck Schmadeke, Public works Director, at 356-5141. Name: Address: Daytime Phone #: Print Name: Signature: Date: BID FORM 2 Purchase of and removal of house at 3337 Dubuque Street, Iowa City, Iowa Total removal cost (price for house) $ Method of removal Approximate schedule for removal Destination (if Iowa City) Payment enclosed by certified check $ Bids due no later than 9:00 a.m. Tuesday, October 24, 1995, to the attention of Cathy Eisenhofer, Purchasing Agent, Civic Center, Iowa City, IA 52240. If questions, call Cathy Eisenhofer at 356-5075 or Chuck Schmadeke, Public works Director, at 356-5141. Name: Address: Daytime Phone #: Print Name: Signature: Date: