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Contract & Bond Approvle for Public Improvement Contracts .. ~~~E ~YAe-~ MEMORANDUM July 26, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contract and Bond Approval for Public Improvement Contracts Corporation Counsel Barry Lindahl advises that Iowa Code requires that the City Council approve contracts and bonds for public improvements projects. City Engineer Gus Psihoyos recommends the City Council delegate the authority to approve executed contracts and bonds to the City Manager, upon review by the Corporation Counsel. This will avoid having to delay the commencement of a project by two weeks until the City Council can approve the contract and bond and is consistent with current practice. The executed documents will be submitted to the City Council at a subsequent City Council meeting to be received and filed. Corporation Council Barry Lindahl concurs in this procedure. I concur with the recommendation and respectfully request Mayor and City Council approval. ACt 1# fY1L/{ C\.~ jl~,{t~ Michael C. Van Milligen ----------- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer , D~~~E ~YAe-~ MEMORANDUM . ""'~":"'R:' July 26, 2005 FROM: Michael C. Van Milligen, City Man~e~ Gus Psihoyos, City Engineer ~~--:- TO: SUBJECT: Contract and Bond Approval for Public Improvement Contracts INTRODUCTION The Iowa Code requires that the City Council approve contracts and bonds for public improvement projects. The attached resolution delegates the authority to approve executed contracts and bonds to the City Manager upon review by the Corporation Counsel. DISCUSSION The procedure established by the Iowa Code for public improvement contracts requires the City Council to give preliminary approval to the form of contracts and bonds for public improvements. The Iowa Code also requires the City Council to approve the contracts and bonds once they are executed. On occasion, there are modifications to the form of the contract or bond approved by the City Council. To avoid having to delay the commencement of a project by two weeks until the City Council can approve the contract and bond, the City Council may delegate review and execution of the documents to the City Manager and Corporation Counsel. The contract and bond can then be executed on behalf of the City and the project commenced. The executed documents will be submitted to the City Council at a subsequent City Council meeting to be received and filed. RECOMMENDATION It is therefore requested that the attached resolution authorizing the City Manager to execute public improvement contracts and bonds on behalf of the City upon the approval of the Corporation Counsel be submitted to the City Council for consideration. ACTION TO BE TAKEN I recommend that the attached resolution authorizing the City Manager to execute public improvement contracts and bonds on behalf of the City upon the approval of the Corporation Counsel be submitted to the City Council for consideration. / Preparer: Barry A. Lindahl. ESQ. Address: Suite 330 Harbor View Place 300 Main Street Dubuque. IA 52001 Telephone: (563) 583-4113 RESOLUTION NO. 374-05 AUTHORIZING THE CITY MANAGER TO APPROVE PUBLIC IMPROVEMENT CONTRACTS AND BONDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Manager is hereby authorized to execute the contract and bond for a public improvement project on behalf of the City of Dubuque, upon the recommendation of the Corporation Counsel, when the contract and bond are consistent in all material respects with the form of such contract and bond approved by the City Council. The City Manager shall submit the executed contract and bond to the City Council at a regular meeting as soon as practicable after the contract and bond are executed. Passed, approved and adopted this 1st day of August 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:\USERS\tsteckle\Lindahl\Resolutions\AuthorizingCityManagerExecuteContracts...,g26.doc