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HomeMy WebLinkAbout2001-04-17 Resolution RESOLUTION NO. 01-85 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: Iowa City Moose Lodge No. 1096 - 3151 Hwy. 6 East It was moved by Champion and seconded by Vanderhoef that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X ' O'Donnell × __ Pfab X Vanderhoef X Wilburn Passed and approved this 17th day of Apri 1 ,20 01. ATTEST: 7]; CI~CLERK City Attorney;s Office clerk\res\danceprm.doc Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 01-86 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2001 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:00 p.m., May 1, 2001, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2001 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 17 th day of Apri 1 , 2001. o City Attorney's Office It was moved by Champ1 on and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman ~' O'Donnell X Pfab X Vanderhoef X Wilburn finadm\res\operbdg doc Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 01-87 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD GRADING AND WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. 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 1st day of May, 2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That 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. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 17 th day of A ,~.. Approved by pwengVes~ostergrading doc 4/01 Resolution No. 01-87 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X , Lehman X O'Donnell X Pfab X VandeFhoef X Wilbum Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, A~rES: Champion. Kanner, I~hman, ~'Rnnn~ll~ Pfah~ Va ndPrhn~f ~ Wi 1 hHrn NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 01-88 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $9,825,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock __P.M., on the 1 s t day of blay ,2001, for the purpose of taking action on the matter of the issuance of $9,825,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction, and repairing of street improvements, skywalks and water works, water mains and extensions; the construction, reconstruction, extension and improving of facilities useful for the collection, treatment and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of surface waters and streams and drainage improvements; the rehabilitation, improvement and equipping of existing city parks; the reconstruction, extension and improvement of the Municipal Airport; the improvement of real estate for cemeteries and the construction and reconstruction of other cemetery facilities; the equipping of the fire, police, sanitation, street and civil defense departments; and acquiring and developing a geographic computer data base system for automated mapping and facilities management. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- Publish 4/19 (5 notices) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 1st day of May, 2001, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $9,825,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, and repairing of street improvements, skywalks and water works, water mains and extensions; the construction, reconstruction, extension and improving of facilities useful for the collection, treatment and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of surface waters and streams and drainage improvements; the rehabilitation, improvement and equipping of existing city parks; the reconstruction, extension and improvement of the Municipal Airport; the improvement of real estate for cemeteries and the construction and reconstruction of other cemetery facilities; the equipping of the fire, police, sanitation, street and civil defense departments; and acquiring and developing a geographic computer data base system for automated mapping and facilities management. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 19th day of April, 2001. s/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 17 th day of Apri 1 ,2001. Mayor ATTEST: Council Member C. hampjnn introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $670,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderh0ef seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilhurn NAYS: None Whereupon, the Mayor declared the resolution du. ly adopted as follows: Resolution No. 01-89 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6?0,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinat~er described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $6?0,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than ?5,000, and the amount of said proposed bond issue is not more than $?00,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -6- NOW, THEREFOE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clockL.M., on the 1st day of Ma~, ,2001, for the purpose of taking action on the matter of the issuance of not to exceed $670,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the development, construction, improvement and equipping of a new city park; Civic Center HVAC replacement and the acquisition of art for public buildings and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $670,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 1st day of May, 2001, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $670,000 of General Obligation Bonds, beating interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the development, construction, improvement and equipping of a new city park; Civic Center HVAC replacement and the acquisition of art for public buildings. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 19th day of April, 2001. s:/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 17th day of Apri 1 ,2001. Mayor ATTEST: -9- Council Member Champi on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $695,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AxlES: Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 01-90 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $695,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinaf[er described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $695,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -10~ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock P~_.M., on the 1st day of ~lay ,2001, for the purpose of taking action on the matter of the issuance of not to exceed $695,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of improvements to the baseball field complex in Mercer Park; the construction of a skateboard facility for a city park; the construction of a downtown transit interchange facility and equipment for city buildings and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -11- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $695,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 1st day of May, 2001, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $695,000 of General Obligation Bonds, beating interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of improvements to the baseball field complex in Mercer Park; the construction of a skateboard facility for a city park; the construction of a downtown transit interchange facility and equipment for city buildings. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 19th day of April, 2001. s:/Matian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 17th day of r, lay .2001. Mayor ATTEST: -13- Council Member Champi on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Cotmoil Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Chamoion. Kanner. Lehman, O'Donnell, Pfah, Vanderhoef, Wilburn NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 01-91 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -14- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clock .LP.M., on the ls t day of May ,2001, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition, enlargement, improvement and equipping of a Public Works Complex and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -15- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public heating on the 1st day of May, 2001, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, beating interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the acquisition, enlargement, improvement and equipping of a Public Works Complex. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 19th day of April, 2001. s:/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 17th day of Apri 1 ,2001. Mayor ATTEST: Ci~ier~) 4~, 4(f.~x4j -17- Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 01-92 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of ~mds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -18- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clockp. M., on the 1st day of t, lay ,2001, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition and construction of a transit intermodal facility and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -19- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public heating on the 1st day of May, 2001, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, beating interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the acquisition and construction of a transit intermodal facility. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 19th day of April, 2001. s:/Matian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 17th day of Apri 1 ,2001. Mayor ATTEST: City Clerk PGOODRICh'X273166\I\10714061 -21- Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City. IA 52240 (319) 356-5246 RESOLUTION NO. 01-93 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGI~EEMENT AND A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 435 - 437 SUMMIT STREET, IOWA CITY, IOWA. WHEREAS, on October 30, 1990, the owners of 435 - 437 Summit Street executed a ten-year declining balance loan through the City's Rental Rehabilitation Program for the amount of $17,000; and WHEREAS, the terms of the loan were satisfied on April 2, 2001; and WHEREAS, it is the City of Iowa .City's responsibility to release this lien. 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 435 - 437 Summit Street, Iowa City, Iowa from a Rental Rehabilitation Lien recorded on March 17, 1992, Book 1342, Page 241 through Page 247 of the Johnson County Recorder's Office. Passed and approved this ,_,L7~th day of Apri 1 ,20. 01 MAYOR Approved by C City Attorney's Office It was moved by Champ'ion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ~( Vanderhoef "' Wilburn ppdrehab/res/435437Surnmit.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 435-437 Summit Street, Iowa City, Iowa, and legally described as follows: The south sixty (60) feet of Lot Fourteen (14) in Block Two (2), in Berryhill's Second Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the property owner, John F. Shaw and Catherine Z. Shaw, to the City of Iowa City in the principal amount of $17,000 represented by a Rental Rehabilitation Lien, recorded on March 17, 1992, Book 1342, Page 241 through Page 247 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prio corded documents. Approved by CIT~ CLERK City Attorney"s STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /:2 day of ,~ll_ , A.D. 20 ~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman 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 in Resolution No. ~- ~ , adopted by the City Council on the ~ day A~(XL , 20 ~1 and that the said Ernest W. Lehman and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ppdrehab/435-437Surnmitrehdoc NOtary Public in and for Johnson Count Iowa Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-__ RESOLUTION NO. 01-94 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA, FOR PROPERTY LOCATED AT '109 SOUTH JOHNSON STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Rehabilitation Agreement and cedain Promissory Notes and Mortgages in the total amount of $6,311, executed by the owner of 109 South Johnson Street on July 23, 1993 and recorded on August 9, 1993, Book 1596, Page 284 through Page 295 and executed on November 8, 1994 and recorded on November 18, 1994, Book 1837, Page 167 through Page 173, in the Johnson County Recorder's Office covering the following described real estate: The South Eighty-five (85) feet of Lot One (1) of Block Forty-one (41) of Iowa City, Iowa, as shown by the recorded plat thereof WHEREAS, Iowa State Bank and Trust Co., is financing a first mortgage in the amount of $130,000 to the owner of 109 South Johnson Street and to secure the loan by a modgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the lien of the proposed mortgage in order to induce Iowa State Bank and Trust Co., to make such a loan; and WHEREAS, Iowa State Bank and Trust Co. has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said Mortgage with Iowa State Bank and Trust Co.; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust Co., Iowa City, Iowa. Passed and approved this 17th ~,,~, '~4~- day of Apt' YO Approved by pdrehabVes\109s johnson dcc SUBORDINATION AGREEMENT T~f~: Z~I=~MI=klT i~ m~de hv ~nd between the City of Iowa City, herein the City, and Iowa State Bank and Trust Tnw~ ~t ty, Towa , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certainM°rtgages & Promissory No te~hiCh at this time is in the amount of $ 6,311 and were executed by Pamela S Michaud (herein the Owner), dated July 23, 1993 , recorded A,,g,,~- q , 1993, in Book 1596 , Page 284.J___ through 795 , and dated November 8 1994, recorded November 18 , 199,4 in Book 1837 , Page 167__ through 173 Johnson County Recorders Office, covering the following described real property: The South Eight-five (85) feet of Lot One (1) of Block Forty-one (41) of Iowa City, Iowa, as shown by the recorded plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $130,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages & Promissory Notl~e~d by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the padies hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above notedMorrg~8,~ ~ Prom~ ssory Nobe~ by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. Apr-Gg-Ol 0g:lGam From-CiTY OF 10WA CITY +3193565009 T-315 P02 F-F2G SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the Mo~:tgal~es & e=om:t_ssory Of the City. 4, Binding Effect, This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto, Dated this I1 dayof AP~,I~-- ,20 ~,~ Mayor By Attest: Approved By City Attorney's Office CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 17 day of AP/Z#L , 20 ~/, before me, the undersigned, a Notary Public in and for the State of iowa, personally appeared ~-,'~=1 (d./J'/~,~'~n and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they am the Mayor and City Clerk, respective[y, 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 (Dr-di.~a,q~e) (Resolution) No. z>/- '/4- passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the 17 day of APR I * 20 o( , and that Enn,-,.F t,l. I ,,.Ama_n and Madan K. Karr aoknowle~ged 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. Sm---z,,-,~- f-eTb ~,'~'ss: 3/7 o5 Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: On this ~ t'r~ bl~ic/~.r'/ day of I , A.D 20 00 , before me, the undersigned, a Notary Pu in ar~ for the State of Iowa, personally appearod being by me duly sworn, did say hat ~ ~ the , r-.et~, of said corporation executing the within and foregoing said coloration by authority of its Board of D1re~o~; and that the said ................ as such o~rs acknowledged the execution of said 'i'nst~ment to ~ the volun~ a~ ~ad deed of said ~rporation, by et and by them Voluntarily executed. Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 01-95 RESOLUTION ACCEPTING THE WORK FOR THE POLICE DEPARTMENT SECOND FLOOR CONSTRUCTION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Police Depadment Second Floor Construction, as included in a contract between the City of Iowa City and Moore Construction Company of Iowa City, Iowa, dated June 14, 2000, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of Apri 1 ,20. 01 Approved by K City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ]( O'Donnell X Pfab X Vanderhoef X Wilburn ENGINEER'S REPORT April 10, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: Police Second Floor Construction Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Police Second Floor Construction Project has been completed by Moore Construction Company of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Architect John F. Shaw, (currently, Architects John F. Shaw and James L. Schoenfelder) of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $552,567.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET * IOWA (IIY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 E 04-17-01 Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-524Z RESOLUTION NO. 01-96 RESOLUTION APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PART 1, IOWA CITY, IOWA. WHEREAS, the applicant, Arlington LC., on behalf of the owner, Jerry Lindeman, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Stone Bridge Estates, Part 1; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Stone Bridge Estates, Part 1, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 17th day of Apri 1 ,20 01 Approved by ATTEST: ~ 1/</· ~'/~',I/~Y ~ ~f'///t~I ~ / CITY CLERK It was moved by Vanderhoef and seconded by 0' Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef ;~ Wilburn ppdadmin/res/stonel~'ldgedo¢ STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp, Associate Planner Item: SUB01-0002. Stone Bridge Estates 1 Date: April 5, 2001 GENERAL INFORMATION: Applicant: Arlington L.C. C/O Gary Watts 2346 Mormon Trek Blvd. Iowa City, IA 52246 Contact Person: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Property Owner: Jerry Lindemann 304 Summit Drive Solon, IA 52333 Phone: 644-2110 Requested Action: Preliminary plat Purpose: To create a 16-lot residential subdivision Location: East of Camden Road, north of Court Street, west of Taft Avenue Size: 5.05 acres Existing Land Use and Zoning: Agricultural; RS-5 Surrounding Land Use and Zoning: North: Agricultural; RS-5 South: Vacant & Residential; RM-12 & RS-5 East: Agricultural; RS-5 and IDRS West: Agricultural; RM-12 & RS-8 Comprehensive Plan: The Northeast District Plan identifies this area as a single-family residential area File Date: February 22, 2001 45 Day Limitation Period: April 8, 2001 BACKGROUND INFORMATION: The applicant, Arlington L.C., c/o Gary Watts, is requesting a preliminary plat of Stone Bridge Estates Part 1, a 5.05-acre, 16-1ot subdivision for property located east of Camden Road, north of Court Street, and west of Taft Avenue. This property, along with surrounding property, was annexed into Iowa City in 2000, and was zoned Single-Family Residential, RS-5, at that time. The rezoning was subject to a Conditional Zoning Agreement, which required general compliance with 2 the neighborhood design principles contained in the Northeast District Plan. ANALYSIS: Comprehensive Plan: The Nodheast District Plan, which is part of the Comprehensive Plan, contains many neighborhood design policies for developing neighborhoods. The Conditional Zoning Agreement that accompanied the rezoning for this property summarizes that the policies that should be followed include but are not limited to: · .. the provision of an interconnected street system, designing collector streets so they are not continuous through streets, utilizing cul-de-sac streets only where other options are not practical, designing sidewalk and trail systems as an integral part of the neighborhood transportation system, preserving natural features such as stream corridors, and ensuring neighborhood access to open space areas. Other items that are encouraged by said Plan and that may be considered within said development, but are subject to review and approval through the preliminary and final plat review process, include the use of traditional neighborhood design concepts such as the use of narrow street pavement, alleys, and green elements within streets such as planted medians or small neighborhood greens." This plat must be considered in the context of the larger planned neighborhood. The larger plan, attached, does demonstrate the use of an interconnected street system, no use of cul-de- sac streets, preservation of the stream corridor, a continuous sidewalk system, and access to open space areas. While the Commission will be voting only on Stone Bridge Estates Part 1, you may wish to discuss and offer comments on the larger concept plan for the remainder of this developing neighborhood. Street design: The proposed street, Ashford Place, will intersect with Camden Road, which has been platted to the south. The concept plan for the larger neighborhood shows Ashford Place continuing to the north with some other streets branching off of it. Chadwick Drive stubs to the east, and will provide access as the neighborhood is developed to the east Secondary access: The single means of access to this proposed subdivision is Camden Road, which connects to Court Street to the south. Camden Road is platted as a collector street; under the City's secondary access guidelines, Camden Road can accommodate an average of 2,500 vehicles per day before secondary access would be required. While Stone Bridge Estates Pad 1 will not trigger this requirement, the need for secondary access will need to be monitored as future subdivisions are platted in this area. Open space: No public open space is proposed with this subdivision. The Northeast District Plan shows public open space being along a creek to the east, potentially along a drainageway to the northwest, and being incorporated into a public square centering on Lower West Branch Road. Fees collected in lieu of open space would go toward purchasing or improving the open space areas planned for in the Northeast District Plan. The Parks and Recreation Commission will consider this plat as their April 11 meeting and will make a recommendation to the City Council regarding open space requirements. Storm water management: Though no stormwater management is required for this area, the applicant has planned for a pond to function as stormwater management to the west of the proposed subdivision. This pond would also be an amenity to the neighborhood. The City does not intend to accept responsibility for the future maintenance of this pond. Water main tap-on fees: Water main extension tap-on fees at a rate of $395/acre will be required for this subdivision and future subdivisions in this area. 3 Minimum lot size: A number of the lots proposed for this subdivision are less than 8,000 square feet, the minimum lot size in the RS-5 zone. The RS-5 zone allows for 'averaging' the lot sizes so the overall average density does not go above 5 units per acre, with the condition that no lot be less than 7,200 square feet, or more than 15,000 square feet. The proposed plat meets these requirements. School reservation site: The property to the southeast of this subdivision has been held in reserve for a potential elementary school. The School District has approximately seven more years left to exercise their option on this property, or it returns to the applicant, as a development property. The Stone Bridge Estates subdivision is designed to potentially include a street T-ing off of Ashford Place to serve the property to the southeast if it should become a development property. The larger concept plan for the neighborhood leaves the area blank, with the potential for streets to be extended if the school district returns the property to the developer. STAFF RECOMMENDATION: Staff recommends that SUB01-0002, a preliminary plat of Stone Bridge Estates Part 1, a 5.05 acre, 16-1ot residential subdivision located east of Camden Road and north of Court Street, be deferred, pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these deficiencies and discrepancies, staff recommends approval. DEFICIENCIES AND DISCREPANCIES: 1. The purpose of Outlot A needs to be labeled. According the applicant, it will be a future development area, to be associated with development of the property to the west. 2. The note referring to the cul-de-sac in the 'typical street section' should be removed. 3. The property owner needs to be clarified - the application states that the Lindemann's are the property owners, while the plat states Arlington L.C. is the property owner. 4. The 15' drainage easement on the north side of the plat should be extended all the way to the to the stormwater pond to the west. 5. The plat states that erosion control measures are illustrated on the grading plan. Therefore, a grading plan needs to be submitted. Attachments: 1. Location map 2. Preliminary plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development CITY OF IO~rA CITY 8 ~ ~ RS 8 RS 5 IDR~ R _ i ', ~ _ , . , ~ ~S5 ~~ ~ - ~ ~ ' ' ' PDH 8 PDH 8 ~' ' ~1 - SITE LOCATION: North Camden Road SUB01-00002 .... m,_~'_%~_~_zxjb ,~ ,~, ~ ..~, "' ~T~' 4 ~"~ ZL ' ' ipii . O T "A ' LOz A ~ e ~ '- ' ~Z~Z~Z~~ ~7~ .'. r/ i " "' }, .,,/ ' ~, ~ .... 259 TONE B . P~? I 04-17-01 Prepared by: Ross Spitz, Civil Engineer, Public Worlds, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 01-97 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT PARKING LOT RESURFACE 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 COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 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. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the T Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 8 H day of May, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of iowa City, Iowa, for action upon said bids at its next meeting, to be th held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 15 day of May, 2001, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 17th day of Apri 1 ,20 01 Approved by City A~orney's Offi~ Resolution No. 01-97 Page 2 It was moved by W"i 1 burn and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell 'X Pfab X Vanderhoef X Wilbum 04-17-0 t 11 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138 RESOLUTION NO. 01-98 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 HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MORMON TREK BOULEVARD IMPROVEMENTS - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE PROJECT- STP-U-3715(618)--70-52. WHEREAS, the City of Iowa City has received bids for construction of the Mormon Trek Boulevard Improvements - Melrose Avenue to the Iowa Interstate Railroad Bridge Project ("Project"); and WHEREAS, it is desirable for Howard R. Green Company to provide construction administration, construction observation and construction survey services during the Project; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa City. Passed and approved this :~7th ~~,, ~2~ day of Apt1 , . It was moved by Pfab and seconded by ~/ande~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~' Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn p,,,s,',ove~,',~,,'o,, CONSULTANT AGREEMENT - CONSTRUCTION SERVICES MORMON TREK BOULEVARD IMPROVEMENTS THIS AGREEMENT, made and entered into this [ 7 day of A F it. ~ - ,2001, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Howard R. Green Company, hereinafter referred to as the CONSULTANT. Whereas, The City received bids and awarded a contract for construction of Mormon Trek Boulevard Improvements, from 600 feet south of Melrose Avenue to 200 feet south of the IAIS railroad viaduct, including the intersections of Melrose Avenue and Hawkeye Park Road; and Whereas, the City desires to secure the services of the Consultant to provide construction administration, construction observation, and construction survey services related to the Iowa City Mormon Trek Boulevard Improvements; and Whereas, City staff has negotiated an Agreement with the Consultant to provide said services; and Whereas, the City Council deems it in the public interest to enter into the negotiated agreement with the Consultant for Engineering Consulting Services during construction of the Project. NOW TH EREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. 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. CONSTRUCTION ADMINISTRATION Construction Administration will consist of office based consultant services to assist the City in implementing construction contract. Consultant shall provide the following services: 1. Arrange and conduct a pre-construction conference with the City Staff, Iowa DOT, utility companies and Contractor. 2. Arrange and conduct a pre-construction meeting with area residents to give them an overview of the project and expected construction schedule. 3. Review acceptability of shop drawings, materials and equipment proposed by the Contractor. 4. Make timely visits to the project during the course of construction and upon request of the City. Visits shall be on average of once per month. 5. Assist the City in preparing and reviewing Pay Requests and Change Orders as required by the construction. 6. Answer questions from Contractors with respect to the construction and the intent of the contract documents. 7. Assist the City Engineering Department in responding to public concerns, project information requests, and preparation of press releases. Includes periodic mailings to the residents and businesses on construction progress, schedule, and phase changes (the City Clerical staff will organize and perform all mailings). 8. Conduct a Pre-Final Inspection with the City Staff, and Contractor to develop a punch list of items to be completed for project closeout. 9. Conduct a Final Inspection with the City Staff, and Contractor to determine if the project has -1- C:~,DOCUME-I\RLOVET-1 .HRG\LOCALS-I\Temp~agrrnt-040501 -ICmtrek2const.doc been fully completed in accordance with the Contract Documents. 10, Construction Record Drawings: prepare construction record drawings of the project and provide electronic AutoCAD format and one (1) reproducible set of construction record drawings to the City. 11. Project Close-out: collect and process Contractor's closeout documents and recommend acceptance to the City upon completion of the project. 12. Iowa DOT Audit: prepare Iowa DOT audit documents and submit for review with Iowa DOT. B. CONSTRUCTION OBSERVATION 1. Construction observation will consist of on-site resident observation of the construction work. This will consist of providing field-testing of construction methods and materials incorporated into the project and preparing written reports that document compliance or non-compliance of the construction methods and materials. The Consultant will obtain samples as indicated in Iowa DOT's Instructional Memorandum 204 and current supplement. It is anticipated the City will contract with another company to perform the required materials testing (i.e. soil proctors and densities, analysis of ACC and PCC pavements, etc.) and the Consultant shall coordinate these testing activities. The Consultant will perform on site air and slump tests. 2. Written reports and documentation shall consist of final record drawings, daily construction logs, working day reports, photo logs, and preparation of change orders, pay requests and project closeout documentation. All in accordance with the Iowa DOT Instructional Memorandum and Construction Manual, which includes the following items: a) Observe current work and prepare daily diaries of construction activities. b) Prepare daily lowa DOT Bid ltem Progress Documentation and Measurement reports. c) Prepare Iowa DOT Working Day reports. d) Review and record material inspection reports from Iowa DOT. e) Prepare Iowa DOT EEO reports. f) Conduct wage rate interviews and payroll reviews associated with Davis-Bacon wage guidelines. g) Prepare Iowa DOT Quantity Over/Under-Run Statements as necessary. h) Review and recommend change orders. i) Review payment applications and provide payment recommendation. Perform prefinal construction inspection and project review and prepare a listing of remaining work items for Contractor completion prior to final review. k) Perform final review and inspection with Iowa DOT and City representatives. I) Complete Statement of Completion (Form 830435). m) Prepare "Disadvantaged Business Enterprise Certificate of Accomplishment" (Form 102116) and submit to Iowa DOT. n) Prepare "Interest Data Sheet" (Form 830235) and submit to Iowa DOT. o) Prepare "Final Estimate" (Form 181235) for final payment. p) Prepare Contractor Evaluation. q) Prepare Iowa DOT Audit Report 83031. 3. When the Consultant provides on-site observation personnel as part of services during construction under this Agreement, the on-site observation personnel will make reasonable efforts to guard the City against defects and deficiencies in the work of the Contractor(s), and to help determine if the provisions of the Contract Documents are being fulfilled. Day-to-day observations will not, however cause the Consultant to be responsible for those duties and responsibilities which belong to the construction Contractor(s), including but no limited to, full responsibility for the means, methods, techniques, sequences, and progress of construction, and the safety precautions incidental thereto, and for performing the construction work in -2- C:~DOCUME~1%RLOVET-1 .HRG',LOCALS-l\Ternp~agrmt-O405Ol-ICmtrek2const-doc accordance with Contract Documents. 4. Includes miscellaneous construction staking items that are excluded from the construction survey tasks. C. CONSTRUCTION SURVEY Construction Survey will consist of the following tasks to be performed by the Consultant: 1. Grading a. Construction limits will be marked at 100' intervals and at break points. b. Slope stakes at 50-foot intervals will be provided for: roadways and channels. Ditch cut slope stakes set at top of backslope with grades and distances to toe of backslope, toe of foreslope, and top of foreslope. Fill section slope stakes set at toe of foreslope with grades and distances to top of foreslope. c. Graded offset stakes will also be provided to centerline or shoulder line elevation. d. Controlpointswillbereferencedpriortodisturbingtheareaandaftergradingandpaving is completed, the control points will be reset, as necessary for construction of the project. 2. Pavement a. Elevations (graded 4' offset paving hubs) on both sides at 50-foot intervals with 25-foot intervals on horizontal and vertical curves.Stake centerlines and graded offset at both ends of culvert with offset distances and elevations to flow line at inlet and outlet. b. Alignment (tack line) on one side only. c. At intersections, graded offset hubs will be set at each end of radius, and radius points will be set where radius distance is less than 100 feet. Also graded midpoint offsets will be set on radii where curve length is greater than 40 feet. d. After grading and paving is complete, reset plan control points and land corner monuments. 3. Roadway Pipe Culverts a. Stake centerlines and graded offset at both ends of the culvert with offset distances and elevations to flow line at inlet and outlet. 4. Storm Sewer a. Centerline offsets. b. Flow line elevation. c. Manhole elevation and locations. 5. Intakes and Manholes a. Location (includes back of curb line where applicable). b. Elevation of top and base. 6. Sanitary Sewer Forcemain a. Centerline offsets. b. Flow line elevation. 7. Intakes and Manholes a. Location (includes back of curb line where applicable). b. Elevation of top and base. 8. Roadway Lighting and Traffic Signals a. Location of pole bases, and handholes. -3- C:~)OCUME~I\RLOVET-1 .HRG%LOCALS-I\Ternp~agrmt~40501 -ICmtrek2const.doc 9. Other Items a. Location and elevation stakes for water main relocations, chain link fence and retaining wail structures. The above task consists of providing one-time construction staking for the project to establish the line and grade for the proposed improvements. Replacement costs of any survey stakes or marks that are destroyed or disturbed by the Contractor shall be charged to the Contractor. Construction staking for removals, silt fence, revetment limits, erosion control lining, longitudinal subdrains, sidewalks, surface restoration, landscaping, traffic control, signing and pavement markings, rock excavation volumes, and other miscellaneous items are not included in this scopeof services. Itis assumed thatthe on-site constructiontechnicianfortheprojectwillassist the contractor in locating these items where appropriate. Existing and final cross-sections for earthwork computations, finish grade stakes (blue tops), reestablishment of the survey alignment and control are also not included in the above. D. Additional Services Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1. Construction Geetechnical Services II. TIME OF COMPLETION Compensation for the above-outlined services is based on the following construction schedule: 2001 Construction - May 1,2001 through December 15, 2001 III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, martial status, sexual orientation or gender identity. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. B. 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. C. 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. -4- C:~DOCUME-I\RLOVET~I .HRG'd,OCALS~l\Temp\agrmt-040501 -ICmtrek2const.doc D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. 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. F. 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. G. 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. H. 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. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seat of a professional engineer affixed thereto or such seal as required by Iowa law. J. 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. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Professional Coverage - The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. -5- C:'~DOCUME~I~RLOVET~I ,HRG~OCALS-l\Temp~agrmt-040501-1Cmtrek2const.doc IV. COMPENSATION FOR SERVICES A. The fee for engineering services related to the Construction Administration Scope of Services is a Lump Sum Fee of $ 23,000.00 B. The fee for engineering services related to the Construction Observation Scope of Services is a Lump Sum Fee of $155,500.00 C. The fee for engineering services related to the Construction Survey Scope of Services is a Lump Sum Fee of $ 97,000.00 D. Total Lump Sum Fee for Construction Phase Services is $ 275,500.00 E. Payment Schedule: - Consultant shall bill City monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of City's receipt of invoice. - If City fails to make monthly payments due Consultant, Consultant may, after giving seven (7) days' written notice to City, suspend services under this Agreement until City has paid in full all amounts due. - Consultant shall provide working drawings and other documentation deemed necessary to the City at meetings held periodically during the design phase and reach mutual agreement that work has been performed in accordance with the attached payment schedule. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. 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. VI. INSURANCE REQUIREMENTS A. Certificate of Insurance, Cancellation or Modification 1. Before commencing work, the CONSULTANT shall submit to the CITY, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. 2. The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 3. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and/or to halt work on the PROJECT, and to withhold payment for any work performed on the contract. B. Minimum Coverage -6- C:\E)OCUME-I\RLOVET~I .HRG~,OCALS~l\Temp~agrmt-O40501-1Cmtrek2const.doc Any policies of insurance purchased by the CONSULTANT to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coveraqe Class II 1. Comprehensive General Liability Each Occurrence Agqre.qate (a) Bodily Injury $250,000.00 $500,000.00 (b) Property Damage $100,000.00 2. Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (a) Bodily Injury $250,000.00 $500,000.00 (b) Property Damage $100,000o00 3. Workers' Compensation insurance as required byChapter85, Codeof lowa. 4. Professional liability coverage minimum: $1,000,000.00. FOR THE CITY OF IOWA CITY, IOWA FOR THE CONSULTANT avor~/~,~, ~_7~2~_.,,/L,' HOWARD R. GREEN COMPANY ayor Dan~Lo~ve~,~.~resident Date: AF~ 17, ~o~ Approved by: -7- C:~DOCUME~I~RLOVET-1 .HRGI.LOCALS-l\Temp~grmt-040501-1Cmtrek2const.doc /'v2 ,~t ~ 04-'17-01 12 Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437 RESOLUTION NO. 01-99 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CAPTAIN IRISH PARKVVAY EXTENSION (PHASE II) AND FIRST AVENUE EXTENSION PROJECT. WHEREAS, TAB Construction of Bettendorf, Iowa has submitted the lowest responsible bid of $1,814,620.00 for construction of the above-named project, which involves construction relating to the new Scott Boulevard extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to TAB Construction, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 3.7th day of Apd ] ,20 03. Approved by It was moved by VandePhoef and seconded by 0' Donnel l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef ~ Wilburn ADVERTISEMENT FOR BIDS CAPTAIN IRISH PARKWAY EXTENSION (PHASE II) & FIRST AVENUE EXTENSION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 6th day of April, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 17th day of April, 2001, or at such later time and place as may be scheduled. The Project will involve the following: 1. Construction of approximately 2,700 linear feet of arterial roadway improvements for Phase II of the Captain Irish Parkway. 2. Construction of approximately 1,700 linear feet of First Avenue from the existing north end of First Avenue to Captain Irish Parkway. The work included is clearing and grubbing, topsoil stripping, stockpiling and respreading, roadway embankment consiruction, pavement removals, culverts, storm sewers, intakes, water main improvements, granular sub-base, longitudinal subdrains, P.C. concrete pavement, fmish grading, fertilizing, seeding, mulching, field fence installation, temporary and permanent erosion control systems, temporary traffic control and all related incidentals. All work is to be done in strict compliance with the plans and specifications prepared by Shoemaker & Haaland Professional Engineers, of Coralville, 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 liom the one containing the proposal, by a bid bond execnted 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 of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful AF-1 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 following award of the contract, or until rejection is made. Other bid bonds will be returned alter 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, 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 the improvement for a period of one (1) to five (5) year(s), as specified, from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Total Project Working Days: 120 Specified Completion Date: Nov. 15, 2001 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 Shoemaker & Haaland Professional Engineers, Coralville Iowa, by bona fide bidders. A $100.00 plan deposit with $40.00 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 Shoemaker & Haaland Professional Engineers. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515 ) 242-4721. 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 Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must 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 resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. AF-2 Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARK CITY CLERK AF-3 I 04'17'01 13 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 01-100 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD IMPROVEMENT - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE PROJECT - STP-U-37'I 5(6t 8)-70-52. WHEREAS, Streb Contruction Company, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $2,933,175.08 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Streb Construction Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and appreved this 17t. h day of Apr'i Approved by pwengVes~strebconstdcc 4/01 Resolution No. 01-100 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ADVERTISEMENT FOR BIDS MORMON TREK BOULEVARD IMPROVEMENT- MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE PROJECT STP-U-3715(618)--70-52 STATE of IOWA, APRIL 3, 2001 - Sealed bids will be received by the Iowa Department of Transportation, at the Office of Contracts in Ames, Iowa and at its official depository on the third floor of the Marriott Hotel, Des Moines, Iowa, until 9 o'clock A.M.C.T. on the above date, for the various items of construction and/or maintenance work listed below. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts at Ames, Iowa 50010. Opening and reading of the bids will be performed at the Iowa Department of Transportation, at Ames, Iowa after 9 o'clock A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. A Proposal Guarantee in an amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks or bank drafts shall be made payable either to the Contracting Authority or the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the authorized agent. A Bid Bond, properly completed on the Form No. 650001 available from the Iowa Department of Transportation, Contracts Office, may be used in lieu of above. Failure to execute a contract and file an acceptable performance bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. Plans, specifications and proposal forms for the work may be seen and secured at the office of Contracts, Iowa Department of Transportation, Ames, Iowa, until noon on the day previous to the letting. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected, and the Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. Attention of bidders is directed to the Special Provisions covering the subletting or assigning of contracts. Minimum wage rates for all Federal-Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal Aid system. All Federal-Aid projects are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no federal funds involved. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal-Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential subcontractors. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS Tel. 515-239-1414 I 04-17-01 14 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., IoWa City, IA 52240 (319)356-5138 RESOLUTION NO. 01-101 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE AND STORMWATER PROJECT. WHEREAS, DeLong-Keith Construciton, Inc. of Washington, Iowa has submitted the lowest responsible bid of $1,121,738.50 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to DeLong-Keith Construciton, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 17th day of Apt'i 1 ,2001. MAYOR City Attorney's Office pwengVes%delong.doc 4101 Resolution No. 01-101 Page 2 It was moved by W"i 1 burn and seconded by 0' Donne] 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ADVERTISEMENT FOR BIDS SOUTH SYCAMORE REGIONAL GREENSPACE and STORM WATER PROJECT CITY OF IOWA CITY Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 10th day of April, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 17th day of April, 2001, or at such later time and place as may be scheduled. The Project will involve the following: Excavation of approximately 220,000 cubic yards of soil; grading and compaction of approximately 70,000 cubic yards of embankment soil; hauling approximately 90,000 cubic yards of soil off-site; construction of 2,700 feet of 12 inch through 48 inch sanitary and storm sewer pipe; placing approximately 6,000 tons of roadway and erosion control stone; 1,660 square yards of PCC paving, water main relocation; seeding; clearing trees, demolition and other related work. All work is to be done in strict compliance with the plans and specifications prepared by MMS Consultants, Inc., 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 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 pay- able 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 of the City Council's award of the contract and post bond satisfactory to the City ensuring 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 following award of the contract, 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, 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 the improvement for the periods listed below: five (5) years for paving and storm sewer two (2) years for water main & sanitary sewer one (1) year for seeding and erosion control from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 125 Specified Start Date: May 1,2001 Liquidated Damages: $150.00 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 the Project Engineer, MMS Consultants, Inc., 1917 S. Gilbert Street, Iowa City, Iowa, by bona fide bidders. A $45.00 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 MMS Consultants, Inc. Plans and specifications will be available March 21, 2001. Prospective bidders are advised that the City of iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. 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 Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must 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 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 04o11-01 . 15 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 01-102 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND IOWA CITY COFFEE CO. D/B/A THE JAVA HOUSE FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Iowa City Coffee Co. d/b/a The Java House applied for temporary use of the public right-of-way at 211-1/2 E. Washington Street for a sidewalk cafe and anchored fencing thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk care and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 17th day of Apr~ ] _, 2001. Approved by City Attorney's 0 clerk\res\javahs .doc Resolution No. 01-102 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilbum ._ City of Iowa City M MORANDUM Date: April 6, 2001 To: Design Review Committee/City Clerk Cc: Tara Cronbaugh From: Kumi Morris Re: Sidewalk Caf~ at 21 '11/2 E. Washington (Java House- Iowa City Coffee Co.) Iowa City Coffee Company/Java House has submitted a renewal application for a sidewalk caf~ at 211 1/2 E. Washington (Iowa City Coffee Company/Java House). The City of Iowa City ordinances requires that sidewalk cafes be subject to the design review process of the Design Review Ordinance. After reviewing the submitted design of the sidewalk caf~, we have noted that there is a physical change to the property that differs from previous years. The change is the addition of permanent aluminum fencing. The fencing is to be taken down once a year for snow removal and reinstailed in spring. The recommended height from design review is between 36" and no higher than 48". Design review encourages the permanent fence applicants to observe the Downtown streetscape fixtures for details and color. Other than the new fencing there is no change from the previous year. The applicant has indicated that the sidewalk caf~ furniture and planters will be the same as the previous year. There will be Terrazzo Green tabletops, Hunter Green Table Base and Green Resin Chairs. This application has the recommended approval of the design review committee. I04.17.01 16 Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., iowa City. IA 52240; 319-356-5013 RESOLUTION NO. 01-103 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #6'10, TO BE EFFECTIVE JULY '1,200t, THROUGH JUNE 30, 2003. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereina~er the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2001, through June 30, 2003, a copy of which Agreement is attached to this resolution and by this reference made a pad hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 17th day of April ,2001, _ Ap,~prove~y . ,.' It was moved by e. hampl nn and seconded by VandP~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell × Pfab × Vanderhoef X Wilburn CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 2001 TO JUNE 30, 2003 TABLE OF CONTENTS PAGE Preamble ........................................................................................................................................1 Article I ~- Recognition ....................................................................................................................2 Article II -- Management Rights ......................................................................................................2 Article III -- No Strike - No Lockout .................................................................................................2 Article IV -- Dues Check Off ...........................................................................................................3 Article V -- Hours of Work ...............................................................................................................3 Article VI -- Overtime ......................................................................................................................5 Article VII--Special Leaves ............................................................................................................6 Article VIII -- Holidays .....................................................................................................................8 Article IX -- Sick Leave ....................................................................................................................9 Article X -- Vacations ....................................................................................................................11 Article XI -- Union Activities ..........................................................................................................11 Article XII -- Uniforms and Equipment ..........................................................................................12 Article XIII -- Insurance .................................................................................................................13 Article XIV -- Duty Outside the City ...............................................................................................13 Article XV -- Training Programs ....................................................................................................14 Article XVI -- Bulletin Boards .........................................................................................................14 Article XVII -- Personnel Transactions ..........................................................................................14 Article XVIII -- Discipline ...............................................................................................................14 Article XIX -- Transfer Procedures ...............................................................................................15 Article XX -- Supplemental Employment ......................................................................................15 Article XXI -- Safety ......................................................................................................................16 Article XXII -- Grievance Procedure ............................................................................................16 Article XXIII -- General Conditions ................................................................................................18 Article XXIV -- Waiver ...................................................................................................................19 Article XXV -- Savings Clause ......................................................................................................19 Article XXVI -- Duration .................................................................................................................19 Article XXVII -- Wages ..................................................................................................................19 Article XXVIII - Other Compensation ............................................................................................20 Article XXIX -- Use of Time Off .....................................................................................................21 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: humanretlunionsffirelloca[610agm doc ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or othenNise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations am to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE--NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, humanrellun~onsllirellocaE610agm dec 2 while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in ~art from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off monies will be deducted from the first pay check of each calendar month and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, consisting of twenty- four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty, twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, ninety-six (96) hours off duty, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. I~umanrellunionslfirelloca1610agm dec 3 Section 3. Tradinq of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees below the rank of Captain may make a mutual request in writing to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their own request directly to the Fire Chief or his/her designee. b. The Fire Chief or his/her designee will approve or deny the request, but permission to trade will not be denied without reason. c. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a period of 24 or more consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the first step rate of the rank being replaced if they are at the top step of their permanent pay range. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chiet's position is made by the Fire Chief for a period of twenty-four (24) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. If a lieutenant is so appointed, they shall be paid at a rate of 4% above the Step I rate for a Captain. Overtime during any such acting temporary appointment, when worked in such acting capacity and when compensated by overtime pay, shall be compensated at one and one-half (1 ~) times the acting hourly rate. However, the Fire Chief may assign an employee who is working on his/her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate to an employee in overtime status. Such appointments will be made by the Fire Chief as follows: a. Firefighters acting out of rank: In making temporary out-of-rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporary assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out-of-rank assignment. b. Lieutenants acting out of rank: In making temporary out-of-rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporary out-of-rank assignments if no. personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out-of-rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty-free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. Section 7. Administrative Duty. A continuous shift employee (56 hours/week) assigned to administrative duty (referred to as "light duty") with a forty (40) hour work week schedule will continue to accrue all benefits and compensation at their continuous shift rate while on the 40 hour assignment, and will use benefits on a pro-rated basis. The ratio will be 56/40 or 1.4, and will be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be reflected on the accrual usage. Work week: 56 hours/40 hour = 1.4 Annual hours worked: 2912 hours/2080 hours = 1.4 Holiday time: 135 hours/96 hour = 1.4 If an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. When employees on administrative duty work beyond eight (8) hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work schedule, at the pro-rated basis. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1- 1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the humanrellun~onsiflr e13oca1610agm doc 5 Chief at the end of a fiscal year which would result in a probable loss of compensatory t(me due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call-In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2-1/2) hours. If the emergency call-in takes more than two and one-half (2-1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. This section shall not apply to employees who are already at their place of assignment for the purpose of reporting for regular or other previously assigned duty and who are utilized to supplement, rather than replace, on-duty personnel. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one- tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g., if a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparent-in-law, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommend- ed by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the humanrellunions~irelloca1610agm doc 6 employee is otherwise qualified. If an opening for the employee no longer exists in his/her civil service rank, he/she will be assigned to the first open position which becomes available in his/her civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence, or, in the case of a leave of absence necessitated by a medically certified illness or injury to the employee, within 180 days of the termination of such leave of absence. Once an employee returns to work in a position as provided herein, that position shall become his/her permanent civil service rank. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence; c. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; e. must use all accumulated leave time to which he/she is entitled prior to the time that the leave without pay commences; f. must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all humanreflun~on~lfirelloca1610agm doc 7 regular duty time spent in jury service and the City shall receive the pay earned for. such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Preqnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11 ); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred thirty- five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. In lieu of overtime pay for working on a holiday, a payment of $200 ($20.00 per holiday) for the fiscal year beginning July 1, 2001 and of $250 ($25.00 per holiday) for the fiscal year beginning July 1, 2002, will be made to each permanent full-time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part-time employees will receive holiday pay on a pro rata basis. Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year as defined in Article XXVII, Section I of this agreement. Section 7. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. gick leave may be used on an hour-to-hour basis for doctor~s appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Sedous illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, including mother or' father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and eftotis are needed. humanrel/unions/flrellocar610agrn doc 9 Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City- Union committee may waive such payback due to the death or permanent disability of the employee. c. A joint City-Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. human~ellun~onslfir elloca1610agm doc 10 d. The City will contribute 500 hours of sick leave to the Bank as of July 1, .1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Lenqth of Service Hours Per Month Hours Per Year 0-5 years 12 hours (6 shifts/yr) 144 5 years 1 day-10 years 16 hours (8 shifts/yr) 192 10 years 1 day-15 years 18 hours (9 shifts/yr) 216 15 years I day-20 years 20 hours (10 shifts/yr) 240 More than 20 years 22 hours (11 shifts/yr) 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour-for-hour basis provided reasonable notice is given in advance and subject to the Fire Chiefs approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November I and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty- eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetinqs. The Union may use the Training Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chiefs permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to humanrel/unions,~re/ioca1610agrn doc 11 temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Neqotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap (baseball style) Turn out coat Necktie Firefighting helmet 3 pair shorts SCBA facepiece 3 pair sweatpants Spring/fall jacket I winter hat Belt 5 short-sleeve shirts 5 long-sleeve shirts 5 uniform pants 1 pair uniform shoes (Uniform pants & shirts to be of an I uniform sweatshid (annually) NFPA approved station wear type) Firefighting boots Winter uniform coat Turn out pants 2 uniform polo type shirts Firefighting hood (annually) Personal Alert Safety Device Department patches/badges Firefighting gloves Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chiefs determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. humanrellunionslfirelloca1610agm doc 12 ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. Employees who elect to obtain family coverage will pay twenty dollars ($20.00) per month (pro-rated for part-time employees) toward the cost of such coverage. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g, If an employee's annual salary is $40,240, the face value of the life insurance policy is $41,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. hurnanrerlun~onslfirelloca1610agm doc 13 ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. Upon request, the City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions humanre{lun~onsRirelloca1610agrn doc 14 against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). 2. Written reprimand or warning. 3. Suspension with loss of pay. 4. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section I of this Article. humanrellunionslf~relloca1610agm dec 15 ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall repeal any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Health and Safety Committee. A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to: a. Conducting health and safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. c. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. Section 5. Druq Testinq. The City and the Union recognize the rights and responsibilities of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning. application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire depadment members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. humanrellunionslfirelloca1610agm dec 16 Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Gdevant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion bet~veen the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the gdevant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6 Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. humanrellumonslfire/Ioca1610agm doc 17 The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parkinq. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged other City employees who park in the Civic Center parking lot. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. humanrellunionsllirelloca1610agrn doc 18 Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 8. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit-wide basis and participation will be voluntary. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 2001, and June 30, 2003, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. humanrellunions/fire/Ioca1610agmdoc 19 Effective dates over the next four years are as follows: July 7, 2001 July 5, 2003 July 6, 2002 July 3, 2004 Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be increased by three and one quarter pement (3.25%) at the beginning of Fiscal Year 2002, and further increased by three and one quarter pement (3.25%) at the beginning of Fiscal Year 2003, said adjustments to become effective on the appropriate dates as defined in Section 1 above. Copies of the pay plans for FY2002 and FY2003 are attached to this agreement as Exhibit A. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step 2 - after six (6) months at Step 1. Step 3 - after six (6) months at Step 2. Step 4 - after one (1) year at Step 3. Step 5 ~ after one (1) year at Step 4. Step 6 - after one (1) year at Step 5. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall, upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible to receive a one step increase to Step 2, one year following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May 2000 for FY01. c. Cost of living computations will be made quarterly to determine the percent difference between the CPI-W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. humanre~lun~on,s,'fire110ca1610agm doc 20 e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Lonqevity Pay. A payment will be made to permanent full-time employees as of December I of each fiscal year to reflect years of service with the City according to the following schedule: Length of Service on December 1 5 years I day - 10 years $275.00 10 years I day - 15 years 450.00 15 years I day - 20 years 600.00 20 years 1 day - 25 years 750.00 25 years 1 day + 1,000.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $700 will be made to each permanent full-time bargaining unit employee as of December 1, 2000 and each December 1 thereafter. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return one-half of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician-Basic as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of four hundred and twenty-five dollars ($425.00) on the second pay day of fiscal year 2002, and a payment of four hundred seventy-five dollars ($475.00) on the second payday of fiscal year 2003. ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: 1. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. humanrellunionslfirelloca1610agm.doc 2 1 CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 ::ls:,N. A A~E: ~ ~ Date: ~p~,~ i1/~ Date: ~;i ~01 ~b~) I Approved by: - humanre~lunjons,ffirelloca1610agmdoc 22 I- n~ Z c~ / IOWA 500 IOWA 500 HEALTH CARE COVEPAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Nedtcal coverages into a single program using deductlbles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospttal days are unlimited except for Nervous and Nental admissions, In $horl;, the Subscriber shares in the costs of the medically necessary hospital, medtcal and surgical services provide, However, the Subscriber' s share never exceeds $500 per contract per year for covered services, regardless of the n~er of family members,- ZOWA 500 plan benefits encourage medtcal self-maintenance practices by paying for-90% of the covered Usual, Customary and Reasonable charges for: *One routine annual phystcal ex.aminatton tn a doctor's office or clinic *H_.nme_ and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's faintly The idea behind IOWA 500 coverage? To encoura · continuing medical self-maintenance and 'hel reduce the' length anX nufnbe~'of unhecessary hospital stays, These eV orta, of course, ~an 'help keep health care . f costs--and rates'-in line, THE IO~ 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpattent Home and office vtsts · Semi-private room and board One routine annual physical · Necessary services and supplles exam · Operating rooms, intensive care, Pre-natel and post-natal care coronary and burn care units in physictan's office · Delivery room for normal delivery, Imnizattons Caesarman section, miscarriage or Hospttal visits and nursing admission for false labor fact-ltty viSitS · Necessary laboratory and x-ray servl ces Outpatient NERVOUS AND NENTAL 90/10 · Surge~ Outpatient - 90/10 to $10,000 ·Dlagnosttc x-ray and laboratory Lifetime Naxtmum. services · Accident care SKILLED NURSING FACILITY 9O/lO Unlimited Roan and Board HONE HEALTH CARE 90/10 Services and suppltes · Services provided by a Registered Nurse · Services prescribed by a physician THE ZO~A 500 PLY4 COVERS THESE OTHER SERVICES: These"other* servtces are subject tQ a $100 contract ded~ctdble per cel,endar year · Prescriptions , Nurstng Servtces · .Anesthetics Private-duty nurstng servtces · Blood plesm · Casts Ambulanc~ · Crutches . Atr ·Dureble modtcal equtpmnt Ground · Other supplies when ordered by ~ physician DEDUCTIBLES AND COPATHBIT · Itospttal - The Subscriber ts responsible for ~he first two days of semi- private room and beard. .-"---::- .* **--:~:: ~~:::~.~j:-.=.-..""- Per Hospttal Admtsslan, · Physician - The subscriber pays 105 of the phyi(clan's Usual, Customry and Reasonable charges Including office calls. IO~/A 500 coverage pays the remain(n9 9OL · O~her Suppl(es/Servtces - THe subscriber pays the f~rst $100 per contract per calendar year for medical suppltes and services. These my (nclude p'rescriptton drugs, serfIces of a Registered Nurse, ambulance services, home heal th care and braces. tihen the subscri her' s expend4 tures for hospttal, physt c1 an, and/or other servtces reach $500 par year, IOb/A 500 pays 100~ of all remaining charges. if the subscriber's' expenddtures for hospital, physicdan, and/or other serfices do not reach .$500, the subscriber pays 10% of romatndng charges up to a tota3 maxthan expenditure of $500. (Outpatient treatment for nervous and eental conditions ts patti 90FI0 co-payment untt1 the $10,0OO Ltfettme Yaxtmum ts mr. Co-payment for outpatient Nervous and/dental does not apply to the out-of-pocket maxteum. CARRYOVER OF DEDUCTIBLE Expenses for covered servtces Incurred durtng the months of October, November and December and whtch are used to sattsfy that year's deductible can be used toward satisfying the next calendar year's deductible. 1 or2dly geY~lO% $10oeducs~e eonUl~ ,,,,~,dm $ummery of Benefi1 DELTA DENTAL COVERAGE Delta Dental Plan of low, coverage not only provides i variety of ben·re but also encourages timely end effective dentel maintenance. Morn then 80% of the dentim In low· Nrtlclm in the Delta Dental proCram. Delta Dental paymere is based on. UmJll, Custon'mry Reasonable allowances, subject to deductible lind copaye·hi prove- Your Delta Dental proCram includes a 'medical necessity' provision which ensues coverage for dental services provided within generally accepted dental practices. Like Blue Cross end Blue Shield of low& the Delta Dental Pl·n re·eves claims directly from participatine dentists. And we pay them directly for you. That eliminates claims-handling chores for you and your employees -- end saves v·lu·ble time end money.' To provide · pn:tram to meet your sompany's needs, Delta Dental Ran benefits am available with deductibles, cOpayments end maxi- mum payment ellowances for covered servicesj The benefits am combined to meet your needs: Preventive Maim benefit includes: · Routine checkups at lix-month* intervals including bit·wing x-rays at 12-month intervals. · Teeth cleaning once avery six months. · Topical fluoride applications as prescribed but no more than once avery six month~ · Full-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: · Regular cavity fillings. · Oral surgery (including pre- and posted·retire care). · Emergency treatment for relief of pain. Major Restoralhe benefit covers: · High-con fillings. · Cast restorations. ' · Root canal fillings. · Non-surgical treatment for gum diseases. Ddtm Dental Plan of iowa Delta Dental Plan of Iowa RATE QUOTATION PL.~J~ II Program Benefits DeducUble Copeyment LAnnud) [] Preventive Maintenance S ' [] Routine Restorative $ 25/75 50 % [] Major Restorative $ · 50 % FI Dental Prosthetics $ % I'1 Periodontics $ % D Orthodontics $ · % - I'1 Depenclenta to age I'I Full-tim students rl Adults Single $ 500 per year Family $ 500 per member, per year Ufetime benarK maximum on Orthodontics $ Program Rates* Single $ pe!' month Family $ __ per month These rates guaranteed for 1,2 months beginni;~g on 7-1-85 if purchased by 7-]-85 eRIte$ qgot~d here ar~ bl~ed ul~on Census infOn"n~tion pf~ and acquiring and n'4intaining Delta Dentel Plan of ~ SIDE LETTER Of AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will be defined as Lieutenant under Adicle I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro-rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage; i.e., for every 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: 58 hours/40 hours = 1.4 Annual Hours Worked: 2912 hours/2080 hours = 1.4 Holiday Time: 123 hours/88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. Pay Plan Step 1 Step 2 FY02 22.89 23.94 1,831.20 1,915.20 47,611.20 49,795.20 FY03 23.63 24.72 1,890.40 1,977.60 49, 150.40 51,417.60 A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVII ,WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect from July 1, 2001 to June 30, 2003. CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS ._ ~ IAFF, AFL-CIO, LOCAL #610 /,2 ~ By: Assistant City M~f~agT~7 (~ President ~ Date: Pi.-,~-,-I 17, ?_~.o~ Date: /~¢r;~ ~CPlv3-oot hurnanrel/unions/fire/f~reside-ltr.doc