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HomeMy WebLinkAbout2011-08-02 ResolutionRESOLUTION NUMBERING ERROR: 11 -218 11 -232 11 -219 11 -233 11 -220 11 -234 11 -221 11 -235 11 -222 11 -236 11 -223 11 -237 11 -224 11 -238 11 -225 11 -239 11 -226 11 -240 11 -227 11 -241 11 -228 11 -242 11 -229 11 -243 11 -230 11 -244 11 -231 11 -245 Duplicate numbers were issued to the above resolutions. Please verify content of the resolution as there WILL be two documents with the same number. 3c(23) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 11 -238 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 /her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license /permit, to wit: The Mill Restaurant - 120 E. Burlington Street Iowa City Fall Fun Fest - 2140 Rochester Avenue Passed and approved this 2nd day of Auguat 20 11 A il- 14 MAYOR Approved by ATTEST: A, CIT �LERK City Attorney's Office ho It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Bailey _ x Champion x Dickens Hayek x Mims Wilburn �- Wright x M4�q 3d(1) Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5247 RESOLUTION NO. 11 -239 RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 6, 2011 REGARDING AN AMENDMENT TO CITY CODE 9 -3 -6 OF THE CODE OF ORDINANCES OF IOWA CITY ESTABLISHING THE SPEED LIMIT ON HIGHWAY 1 /NORTH DODGE STREET WHEREAS, it is in the best interest of the City to define maximum allowable speeds for all vehicles on public streets and highways; WHEREAS, the City Engineer recommends the speed limit from Prairie Du Chien Road to a point 175 feet north of Conklin Lane be designated 35 miles per hour; and WHEREAS, City Code Section 9- 3 -6(B) currently defines speed limits for that portion of Iowa Highway 1 also known as North Dodge Street; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to designate the maximum allowable speed on Highway 1 /North Dodge Street between Prairie du Chien Road and a point 175 feet north of Conklin Lane at 35 miles per hour, and from a point 175 feet north of the intersection of Conklin Lane to a point 600 feet south of the city limits at 45 miles per hour. 2. A public hearing on said proposal should be and is hereby set for September 6, 2011, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 2nd day of August , 2011. A'vq-� MAYOR ATTEST: CITY ERK Approved by City Attorney's Office -711 /t / Resolution No. 11 -239 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion X Dickens X Hayek x Mims x_ Wilburn x_ Wright wpdata/glossary/resol ution -ic. doc Nl� t Prepared by: Eric R. Goers, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 - 3d(2) RESOLUTION NO. 11-24o RESOLUTION SETTING PUBLIC HEARING FOR SEPTEMBER 6, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 201 FERSON AVENUE WHEREAS, the property at 201 Ferson Avenue was declared a public nuisance and acquired by the City through a voluntary transaction; and WHEREAS, the City invited proposals for the sale and renovation of the property and selected a proposal for renovation of the currently existing structure that will best reimburse the City for expenses incurred, as well as see to the rehabilitation of the property consistent with the original style of the home and neighborhood; and WHEREAS, the City has entered into a contract, subject to formal approval by the City Council, for the sale of the property for $172,000 and rehabilitation of the currently existing structure; and WHEREAS, conveyance of the property and rehabilitation of the currently existing structure is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to convey the single family home at 201 Ferson Avenue for rehabilitation of the currently existing structure, for the sum of $172,000. 2. Public hearing on said proposal should be and is hereby set for September 6, 2011, at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is canceled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS X_ X X X X X X Passed and approved this 2nd Approved by 7 V City Attorney's Office ABSENT: Mims the Resolution be Bailey Champion Dickens Hayek Mims Wilburn Wright day of August , 2011. MAYOR ATTEST: CIT' —L-ERK sa(s) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -241 RESOLUTION SETTING PUBLIC HEARING FOR SEPTEMBER 6, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 920 LONGFELLOW PLACE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93 -255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant -to- Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ( "ADHOP "); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 920 Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to purchase 920 Longfellow Place for the principal sum of $147,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low- income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 920 Longfellow Place, Iowa City, Iowa, also known as Unit 920 Longfellow Place of Lot 13, Longfellow Manor Condominiums, for the sum of $147,000. Resolution No. 11 -241 Page 2 2. A public hearing on said proposal should be and is hereby set for September 6, 2011, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS X x x x X x x ABSENT: Mims the Resolution be Bailey Champion Dickens Hayek Mims Wilburn Wright Passed and approved this 2ND day of August , 2011. /AV6 A - �A MAYOR ATTEST: CITY ERK Approved by City Attorney's Office V, Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5247 RESOLUTION NO. 11 -242 RESOLUTION AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR DEVELOPMENT OF THE IOWA RIVER CORRIDOR TRAIL ALONG THE IOWA RIVER FROM INTERSTATE 80 TO PENINSULA PARK WHEREAS, an extension of the Iowa River Corridor Trail from Interstate 80 to Peninsula Park on the east side of the river would increase access to multiple recreational activities and enhance the quality of life of residents and visitors of Iowa City; and WHEREAS, the City desires to apply for up to $200,000 in funding assistance through the Resource Enhancement and Protection grant program to finance the cost of said trail development and construction; and WHEREAS, the City Engineer estimates the project cost at $1,400,000; and WHEREAS, the City of Iowa City considers it in the best public interest to complete trail development projects described in the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application and any additional documentation to the Iowa Department of Natural Resources (DNR) for funding assistance through the Resource Enhancement and Protection Program; and 2. The City Manager is authorized to sign the grant application forms; and 3. Any funding assistance received shall be used for implementation of the project referenced above in accordance with the grant guidelines and requirements; and 4. Any property acquired or facility developed with said financial aid programs will be placed in use as an outdoor recreation facility and retained in such use for at least twenty years unless otherwise provided and agreed to by the City of Iowa City and Iowa DNR; and 5. This resolution will be included with formal applications to Iowa DNR. Resolution No. 11 -242 Page 2 Passed and approved this 2nd day of August , 20 11 /UA�'L -�j n� MAYOR ATTEST:" CIT LERK It was moved by Champion and seconded by adopted, and upon roll call there were: App,e Pity Att ney's Off ic Mims the Resolution be AYES: NAYS: ABSENT: g Bailey x Champion x Dickens x Hayek X Mims X Wilburn x Wright S:\JCCOG \TRANS \Bike and Ped Planning \Grant Applications\Waterworks to Peninsula Park \Waterworks - REAP Council Resolution.doc r am CITY CITY OF IOWA CITY 3e(1) M 0 RA N D UM Date: July 19, 2011 To: Tom Markus, City Manager From: Michael Moran, Parks & Recreation Director Re: REAP Grant Introduction: The Iowa Department of Natural Resources offers a grant program titled Resource Enhancement and Protection (REAP) for up to $200,000 for trail development. History /Background: The City of Iowa City has received funding before from this program for development of parks and trails throughout the city. It is not a match program but provides for additional funding of identified projects funded through our CIP program Discussion of Solution: If awarded funds from this grant it will be used to develop a 10 foot trail along the Iowa River from Interstate 80 to Peninsula Park, enhancing the existing trail through Waterworks Park and Peninsula Park. It would increase access to multiple recreation activities and enhance the quality of life of residents and visitors to Iowa City. If awarded it does not commit us to the project but enhances the opportunity to place this project on the Cities CIP program. Recommendation: Staff requests approval of this resolution in order to submit the application. Cc Kris Ackerson Assistant Transportation Planner Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5144 RESOLUTION NO. 11 -243 RESOLUTION ACCEPTING THE WORK FOR THE 420th STREET IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 420th Street Improvements Project, as included in a contract between the City of Iowa City and Minger Construction, Inc. of Chanhassen, Minnesota, dated August 2, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the 420th Street Improvements Project account #3888- 434710; and WHEREAS, the final contract price is $4,308,678.81. 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 2nd day of August 120 11 MAYOR ATTEST: / 9 CIT -GLERK It was moved by Champion and seconded by and upon roll call there were: AYES: x x x _ x X x x Pweng /res /420thi m prov- acptwork.doc 7/11 NAYS: Approved by - ityAttorney's Office /,?- (0 '1) Mims ABSENT: the Resolution be adopted, Bailey Champion Dickens Hayek Mims Wilburn Wright I � -(" r CITY OF IOWA CITY 3e(2) MEMORANDUM Date: June 13, 2011 To: Tom Markus From: Ron Knoche, City Engineer Re: Final Acceptance of Public Improvements The following are costs associated with the Capital Improvement Projects being presented for acceptance at the August 2nd Council meeting: 1) 420th Street Improvements Project Contractor.- Minger Construction, Inc. ❖ Project Estimated Cost: $ 4,620,000.00 ❖ Project Bid Received: $ 4,455,234.80 ❖ Project Actual Cost: $ 4,308,678.81 cc: Rick Fosse 3e(3) Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 1 1 —244 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, PAVING, CURB AND GUTTER, AND CERTAIN SIDEWALK PUBLIC IMPROVEMENTS INSTALLED WITH THE JOHNSON COUNTY HEALTH AND HUMAN SERVICES BUILDING, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed with the Johnson County Health and Human Services Building in accordance with the plans and specifications of the City of Iowa City: • Sanitary sewer improvements as constructed by Rathje Construction Co., Inc. of Marion, Iowa and Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa. • Storm sewer improvements as constructed by Rathje Construction Co., Inc. of Marion, Iowa and Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa. • Paving improvements as constructed by Rathje Construction Co., Inc. of Marion, Iowa. • Curb and gutter improvements as constructed by Tricon General Construction, Inc. of Dubuque, Iowa. • Certain sidewalk improvements as constructed by Tricon General Construction, Inc. of Dubuque, Iowa. WHEREAS, the maintenance bonds have been filed in the City Engineer's Office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said storm sewer improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd day of August , 20 11 MAYOR Approved by ATTEST: CITY ERK City Attorney's Office -71,? s—/// Resolution No. 11 -244 Page 2 It was moved by Champion and seconded by Mims adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims _x_ Wilburn x Wright Pweng/ res/ jocohumanservbldg-- acptwork.doc 7/11 the Resolution be r) CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 5 22 40 -1 826 (319)356 -5000 (319) 356 -5007 FAX www_icgov.org ENGINEER'S REPORT July 14, 2011 The Honorable Mayor and City Clerk Iowa City, Iowa Re: Johnson County Health and Human Services Building Dear Honorable Mayor or Councilpersons: I hereby certify that construction of sanitary sewer, storm sewer, paving, curb and gutter, and certain sidewalk improvements installed with the Johnson County Health and Human Services Building has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Engineer's office for the following: . • Sanitary sewer improvements as constructed by Rathje Construction Co., Inc. of Marion, Iowa and Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa. • Storm sewer improvements as constructed by Rathje Construction Co., Inc. of Marion, Iowa and Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa. • Paving improvements as constructed by Rathje Construction Co., Inc. of Marion, Iowa. • Curb and gutter improvements as constructed by Tricon General Construction, Inc. of Dubuque, Iowa. • Certain sidewalk improvements as constructed by Tricon General Construction, Inc. of Dubuque, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Kwull- Ronald ' R. Knoche, P.E. City Engineer pwen g /en g rpt- jocohu manserbldg.doc =e(4�) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -245 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RESIDENTIAL MORTGAGE NETWORK INC., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 511 3RD AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages, executed by the owners of the property on February 10, 2005, recorded on March 16, 2005, in Book 3853, Page 589 through Page 593, and in Book 3853, Page 594 through Page 599, in the Johnson County Recorder's Office covering the following described real estate: Lot 2 in Block 22 in East Iowa City, Iowa, according to the plat thereof in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements, restrictions and covenants of record, if any WHEREAS, Residential Mortgage Network Inc. has refinanced a mortgage to the owners of the property located at 511 3`d Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Residential Mortgage Network Inc. has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Residential Mortgage Network Inc.; and WHEREAS, the subordination will not change the City's current position, which is in second position and inferior to the owner's primary lender. 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 subordination agreement between the City of Iowa City and Residential Mortgage Network Inc., Coralville, Iowa. Passed and approved this 2nd day of August , 20 11 Approved by ATTEST: CITY ttERK City Attorney's Office Resolution No. 11 -245 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Dickens x Hayek x Mims X Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Residential Mortgage Network Inc. of Coralville. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time is in the amount of $17,099, and were executed by Christopher A. Drop and Ann Marie Drop (herein the Owner), dated February 10, 2005, recorded March 16, 2005, in Book 3853, Page 589 through Page 593, and dated February 10, 2005, recorded March 16, 2005, in Book 3853, Page 594 through Page 599, Johnson County Recorder's Office, covering the following described real property: Lot 2 in Block 22 in East Iowa City, Iowa, according to the plat thereof in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements, restrictions and covenants of record, if any WHEREAS, the Financial Institution proposes to loan the sum of $128,000 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 held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 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. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 07/21/2011 11:13 3193565217 IOWA CITY PLANNING PAGE 01/01 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 �2 day of JA uGus'�" , 20_f,L. CITY OF IOWA CITY By Mayor Attest: ; i CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION B L� Pi,Ck- L. fjnt4-,--e1 Presdeif On this ;2 � day of 4" 20_ZL_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared kta►+` w'� �a e and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument'was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ff- �I&S passed (the Resolution adopted) by the City Council, under Roll Call No. ---- -- of the City Council on the �"0 day of , 20 A and that M r, +t hew ':J- -4 au Q li and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ��m SONDRAE FORT {� 'V •- _ Commission Number 159791 lSoT�d�� My Commission Expires Notary Public in and for the State of Iowa oy� 3Z'71-20-2- LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) sfi On this �� ' day of , 20 (l , before me, the undersigned, a Notary Public in and for the State op-Iowa, personally appeared g l c kK L. IfmA 5e- to me personally known, who being by me duly sworn, did say that"e she is the poesijerd" of �C ,jef,+Ick k0jj (kV 0&6(t, �0- ' that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said fre Si en-i acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. ,ysm JESSICA GREVING Commiss ton Number 183646 •� My Commission Expires March 12, 2014 My Commission expires: �j 3e(5) In Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -246 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES AND TWO PROMISSORY NOTES FOR THE PROPERTY LOCATED 7 ROWLAND COURT, IOWA CITY, IOWA. WHEREAS, on January 19, 2006, the owners executed a Mortgage along with a Promissory Note, dated March 24, 2006 with the City of Iowa City to secure a loan; and WHEREAS, on September 20, 2006, the owners executed another Mortgage along with a Promissory Note, dated November 16, 2006; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. 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 Liens for recordation, whereby the City does release the property located at 7 Rowland Court, Iowa City, Iowa from a Mortgage recorded January 25, 2006, Book 3985, Page 779 through Page 785; a Promissory Note recorded March 31, 2006, Book 4005, Page 808; and a Mortgage recorded October 10, 2006, Book 4090, Page 782 through Page 788; a Promissory Note recorded November 27, 2006, Book 4105, Page 223 of the Johnson County Recorder's Office. Passed and approved this 9nd day of _�A 1guGt , 20_LL_ MAYOR ATTEST: � 2 CIT ERK Approved bbyy� , �, d �_� City Attorney's Office Resolution No. 11 -246 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens X Hayek x Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): George Frederick Harris IV and Dawn M. Harris Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following property located at 7 Rowland Court, Iowa City, Iowa, and legally described as follows: See Exhibit "A" from an obligation of the owners, George Frederick Harris IV and Dawn M. Harris, to the City of Iowa City represented by a Mortgage recorded January 25, 2006, Book 3985, Page 779 through Page 785; a Promissory Note recorded March 31, 2006, Book 4005, Page 808; a Mortgage recorded October 10, 2006, Book 4090, Page 782 through Page 788; and a Promissory Note recorded November 27, 2006, Book 4105, Page 223 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: G2' CITY ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) Approved by City Attorney's Office On this d,6!-t1- day of AUL.u.i 1 , A.D. 201 r I , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. // , adopted by the City Council on the -1 ' day 20 /� and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. IAl*.dj�' SONDRAE FORT ��d�a �� Commission Number 159791 My Co mission Expires Notary Public in and for Johnson County, Iowa aoi EXHIBIT "A" Lot 71a Capitol View, A sNbdivisioa of all of Block 13 a MapvYle Addltia oflotn CIq, l w . e=94 41 But 60 Pool aawl, ocoordlnl to dw phi orsld �rNla mordod It rim book J. of , t Roo** of lobasoa Cooney, tows, Abio, oowageul" w OR Capitol Virw, SobdlvWoa *fell of Week I7 of Msavills Additlos o lows pry, lows, em I do 6Sat 60 bat tAsd01; Me Whq 10 do PM 60W moondad is Plat Book I, hge 7g9, Plat Records of loomed cols, tows; th m 3ou6oWedy 90 hol &Wq The sq*4dy pan of Lot 1 of «la capial view " Wxm NWb mmly to a point On the west No of Lot 1 of "W Cepilel Vhw srbdivlibq s 112 foot NoftheeewtY hm"place of beikoiadl doeuoe lolttltrweWly to Wo'place of bsltinni" sub)wk bowever to a tight of WY Mr mmw for dw boselit oftb omen of Let g of MMI 3"Villen whh do 69M is dw owaa of L41 t of old erbdlvbbs to c0aaeet to d►e smw It any polar Also, eonunsoobtg w the Nonbgsa comer of Lot 6 of Ceptbl Vlow, s eohdivllioy of ell of Block IJ of MMVUh Addldw to loet'a Cky, lobe except dw But 60 het L%ww ; bwoeding to tb• plat of said eybdlvleion recordid in PM took S. Pege M. Plat Rawde or lohnsoa County, laws; thence Nc"bweearly »brit do Noah Yw ofal/ La 6.4s I* *AM $C"Awulorly 10 s polnt ON the Sttt►Ibery lie Of with Lot C I5,9 ltd . iorthweet of the Soud►wtt oomx of said Lot; Ihomo soutbealMly slosg dw Soot" alas of sold Lot 6 to dw Sovowest comes of sold Lm 6; thong Nor kmwdy 70 6m b alto plaoa of amain{' logos w with the hales to Saw le Com" a with the other owwso of tree IN saki subdivWoo the street a drivewsy ebowa on uld Pill n Rowland CwK at hod bmvver, to e right of wey u4d wn er end sum sak Wwwsw hr a amer se sho on old PM of UPON View, Mid twwor to be wed by the pruam, iii* awoosooae end Maple, cad by dl cwhm of lop M Said aubdlvbWM gad den nA)M to do romir tlottt, oca dblow provWose, sad taotrioticm oosained le • Multi wsme * dad axeanted by the Sectwity wl�t dMovwn , is,iis) ."nvotdcdin led eook is3.P�p dof 3ohom Cowry, lows. 3e(6) Z Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11-247 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 605 MANOR DRIVE, IOWA CITY, IOWA. WHEREAS, on June 30, 2003, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the property has been sold; 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 Liens for recordation, whereby the City does release the property located at 605 Manor Drive, Iowa City, Iowa from a Mortgage recorded July 17, 2003, Book 3588, Page 842 through Page 846 of the Johnson County Recorder's Office. Passed and approved this 2nd day of August , 20 11 MAYOR cAAppproved by ATTEST: _ ` (� (r CIT LERK City Attorney's Office It was moved by Champion and seconded by Mims, the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek y Mims _ X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Marjorie Kathryn Rahe Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 605 Manor Drive, Iowa City, Iowa, and legally described as follows: Lot 126 in Park View Terrace subdivision, Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Marjorie Kathryn Rahe, to the City of Iowa City represented by a Mortgage recorded July 17, 2003, Book 3588, Page 842 through 846 of the Johnson County Recorder's Office. This obligation has been sold and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. A�e3 MAYOR Approved by a ATTEST:A��/�� -- a� I — ( ,; + CITY'-CLERK City Attorney's Office STATE OF IOWA 1 ) SS: JOHNSON COUNTY ) On this of 0 day of AL" Gu -9= , A.D. 20_ZL_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. / - 2- , adopted by the City Council on the a 'day A4cLksr- 20 /1 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. arm SONDRAE FORT _ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires iow 3 �bia- 3e(7) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -248 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY, AN IOWA NONPROFIT CORPORATION, FOR PROPERTY LOCATED AT 1806 ROCHESTER AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on October 20, 2005, and recorded on October 27, 2005, in Book 3956, Page 560 through Page 564, in the Johnson County Recorder's Office covering the following described real estate: That part of the southwest quarter of the northeast quarter of Section 11, Township 79 north, Range 6 west of the 5`h P.M. more particularly described as Auditor's Parcel No. 2004004 on Plat of Survey recorded in Book 47, Page 93, Plat Records of Johnson County, Iowa. WHEREAS, Iowa Valley Habitat for Humanity, an Iowa nonprofit corporation (Habitat), has provided a loan to the owners of the above - described real estate which is secured by a mortgage in favor of Habitat; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to Habitat's mortgage in order to induce the Iowa Finance Authority to release funds to Habitat; and WHEREAS, Habitat has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of Habitat's mortgage; and WHEREAS, there is sufficient value in the above - described real estate to secure the City 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 sign and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa Valley Habitat for Humanity, an Iowa nonprofit corporation. Passed and approved this 2nd day of August , 20_11 . MAYOR Resolution No. 11 -248 Page 2 ATTEST: ,, CITY RK Approved by City Attorney's Office It was moved by ra ninn and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion _x_ Dickens x Hayek x Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa Valley Habitat for Humanity, an Iowa Nonprofit Corporation, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $47,117, and was executed by Iowa Valley Habitat for Humanity, an Iowa Nonprofit Corporation dated October 20, 2005, recorded October 27, 2005, in Book 3956, Page 560 through Page 564, Johnson County Recorder's Office, covering the following described real property: That part of the southwest quarter of the northeast quarter of Section 11, Township 79 north, Range 6 west of the 5th P.M. more particularly described as Auditor's Parcel No. 2004004 on Plat of Survey recorded in Book 47, Page 93, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $58,027 on a promissory note to be executed by the Financial Institution and the owner of the real property, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 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. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this . � day of AVGus-r —'20 /I CITY OF IOWA CITY By /emu- - n Mayor � — Attest: Ciiy • CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTIO On this day of AA-GUST- , 20 !r before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ma++ h'--w and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed (the Resolution adopted) b City Council, under Roll Call No. - — of the City Council on the J N>D day of :Fi+...uGL s�i , 20 rl , and that M� r+�t�a �_ and Marian K. Karr acknowledged the execution of the instrument to be their volun aY ry act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT z° commission Number 159791 Notary Public in and for the State of Iowa My Commission Expires uw ao tJ. LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) -vh On this day of , 20 1 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appearedl to me personally known, who being by me duly sworn, did say that he /she is the of WA that said instrument, was signed on behalf of said corporation by authority of its Board of Dir tors; and that said 4- *'>-A acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. o3siAC s KELLIE K. TUTTLE Notary Public in and for the State of Iowa { Commission Number 221819 ry My Com issi n Expires tl,'N ���� -� My Commission expires: Lf- 5 �`-E- 3e(8) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 11 -249 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 328 EAST WASHINGTON STREET, IOWA CITY, IOWA WHEREAS, Center City, LLC, ( "Owner ") owns real estate located at 328 East Washington, Iowa City, Iowa, which it desires to redevelop; and WHEREAS, the Board of Adjustment granted Center City a special exception to allow certain parking requirements of the proposed development to be satisfied by acquiring nineteen (19) parking permits for the Chauncey Swan municipal parking facility, or in another municipal lot as determined by the Director of Parking and Transportation Services; and WHEREAS, a condition of this special exception is that the Owner place a parking covenant on the property, which covenant cannot be released without the City's consent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to execute and the City Clerk to attest the attached Parking Covenant for 328 East Washington Street, Iowa City, Iowa. 2. The City Clerk is hereby directed to certify a copy of this resolution and record it and the attached Covenant in the office of the Johnson County Recorder at Owner's expense. Passed and approved this 2nd day of August 201�— x,, , 4`l) MAYOR Appr ved JbAy ATTEST: 9 l� Iw CITY LERK City Attorney's Office `7 a d 1 J J Resolution No. 11-949 Page It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X x x x X X x wpdata /glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by and Return to: C Joseph Holland 123 N Linn St Suite 300 Iowa City IA 52245 (319)354 -0331 PARKING COVENANT WHEREAS, Center City LLC( "Owner ") owns real estate locally known as 328 East Washington St., Iowa City, Iowa, and legally described as: The West 30 feet of Lot 8 and the East 30 feet of Lot 7, Block 61, Iowa City, Iowa, according to the recorded plat thereof. (the "Property ") WHEREAS, Owner desires to construct multi - family residential housing on the Property; and, WHEREAS, in order to construct that multi - family residential housing Owner is required to provide for parking pursuant to the ordinances of the City of Iowa City; and, WHEREAS, insufficient physical space exists upon the Property to provide all of that parking; and, WHEREAS, the ordinances of the City of Iowa City allow for a portion of that parking to be provided off -site or in public facilities; and, WHEREAS, Jeff Clark acting on behalf of Owner submitted to the City of Iowa City an Application for Special Exception (EXC10- 00013); and, WHEREAS, at a meeting on April 13, 2011 the Board of Adjustment of the City of Iowa City granted the Special Exception allowing Owner to provide parking spaces in the municipally owned Chauncey -Swan Ramp; and, WHEREAS, the terms of that Special Exception need to be incorporated into a Covenant running with the Property; Page 1 of 3 NOW, THEREFORE, Owner imposes upon the Property the following Covenant for so long as the Property is used in the manner described in the Application for Special Exception and as allowed by the Board of Adjustment: 1. Owner shall satisfy at least 18, but no more than 19, of the parking spaces required for development of the Property by acquiring permits from the City of Iowa City in the Chauncey -Swan Ramp, or such other public parking facility as the City may from time to time deem appropriate. 2. Owner shall compensate the City for those spaces at the then prevailing rental fee for those permits, upon the same terms and conditions as those permits would be offered to the general public. The terms and conditions of the lease of those spaces shall be set by the Director of Transportation Services of the City of Iowa City. 3. The off -site parking shall be made available by Owner to residential Tenants of the Property only, and at a cost no greater than the lease rate determined by the Director of Transportation Services of the City of Iowa City at the time of leasing. 4. Owner shall provide to the City's Director of Transportation the name, address, and license plate number of all permit holders. S. This Covenant shall run with the land and bind the Owner and Owner's successors in interest until modified by mutual agreement of the then Owner and the City of Iowa City. 6. The Owner shall record this Covenant in the office of the Johnson County, Iowa Recorder at the Owner's expense. Dated as of this STATE OF IOWA ) )ss: JOHNSON COUNTY ) �7*4( day of July, 2011. Center City LLC by• Je f e M. Clark, Member and Manager This instrument acknowledged before me this -1't day of July, Page 2 of 3 2011, by Jeffrey M. Clark, Member and Manager of Center City LLC. Notary Pu'a is in anc Iowa "� "� B , SUZANN , ? Commission Number 713257 My Commission Expires 170=1 October 26, 2013 CITY OF IOWA CITY, IOWA By: 6c!q,.L � I Matthew J. ay - /k,, Mayor By: A- . Mari K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this A day of August, 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. SONDRAE FORT _ Commission Number ies91 MyC 07 mao � P � low Notary Public in and for the State of Iowa Page 3 of 3 Y 3e(9) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -250 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED 834 ST. ANNES DRIVE, IOWA CITY, IOWA. WHEREAS, on December 4, 2002, the owner executed a Mortgage for downpayment assistance with the City of Iowa City to secure a loan; and WHEREAS, on September 8, 2004 and on March 31, 2006, the owner executed two more Mortgages for housing rehabilitation with the City of Iowa City to secure loans; and WHEREAS, the property has been sold; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. 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 Liens for recordation, whereby the City does release the property located at 834 St. Annes Drive, Iowa City, Iowa from a Mortgage recorded December 17, 2002, Book 3442, Page 1044 through Page 1047; and recorded September 17, 2004, Book 3796, Page 41 through Page 45; and recorded April 21, 2006, Book 4014, Page 190 through Page 196 of the Johnson County Recorder's Office. Passed and approved this 2nd day of August , 20 1 1 MAYOR ATTEST: CITY CtERK Approved, by City Attorney's Office Resolution No. Page 2 11 -250 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey x Champion X Dickens x Hayek x Mims X Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Wilfred Yeggy Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following property located at 834 St. Annes Drive, Iowa City, Iowa, and legally described as follows: Lot Twenty (20), except the west 4 feet thereof, in Conway's Subdivision of a part of Section 3, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Book 4, Page 253, Plat Records of Johnson County, Iowa. from an obligation of the owner, Wilfred Yeggy, to the City of Iowa City represented by three Mortgages recorded December 17, 2002, Book 3442, Page 1044 through 1047; and recorded September 17, 2004, Book 3796, Page 41 through Page 45; and recorded April 21, 2006, Book 4014, Page 190 through Page 196 of the Johnson County Recorder's Office. This obligation has been sold and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY RK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) MAYOR Approved by City Attorney's Office /n� On this ;) YM day of AU C, A.D. 20 /I , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. /yam :5p, adopted by the City Council on the a N-9- day -Au GU-S' 20__U and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. � `�q� o m SONDRAE FORT _ Commission Number 159791 My Commi sion Expires Notary Public in and for Johnson County, Iowa pow 317 q- M �n Prepared by: Mike Moran, Parks and Rec Director, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356 -5110 RESOLUTION NO. 11 -251 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DONATION OF ARCHEOLOGICAL MATERIAL AND ARTIFACTS COLLECTED FROM HICKORY HILL PARK TO THE UNIVERSITY OF IOWA, OFFICE OF THE STATE ARCHEOLOGIST WHEREAS, in March 2011, the City entered into a Temporary License Agreement with the University of Iowa on behalf of its Department of Anthropology to allow for the excavation of prehistoric Indian sites in Hickory Hill park; and WHEREAS, a number of archeological materials were collected a result of these excavations; and WHEREAS, the Office of the State Archeologist ( "OSA ") has requested that the material be donated so it may be professionally curated for future researchers to study and made available to other institutions and /or the City for research and display purposes; and WHEREAS, given that such donation of these archeological materials will result in professional curation and continued availability to the City for research and/or display purposes without cost to the City, the Director of Parks and Recreation recommends donation of such material to the OSA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the attached "Donation or Return Request Form for Archeological Materials indicating that the material will be irrevocably and unconditionally transferred to the Office of the State Archeologist. Passed and approved this 2nd day of August , 2011. MAYOR A ved by,,- :s ATTEST: v �' CITY ERK ity Att rney s t e Resolution No. 11 -251 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Bailey x Champion x Dickens X Hayek x Mims x Wilburn x Wright wpdata /glossary/resolution -ic. doc Donation or Return Request`Form for Archaeological Materials Name: Iowa City Parks & Recreation Department Date: August 2, 2011 Address: 220 S. Gilbert Street Phone: 319 - 356 -5100 Iowa City, Iowa 52240 Zip: 52240 RI I. hereby irrevocably and unconditionally give, transfer, assign, and deliver to The University of Iowa, Office of the State Archaeologist, the archaeological material described below; and I waive all rights in or to said material, its use or disposition. ❑ I prefer to retain ownership of the archaeological material described below and request their return to the above address (if the materials should be sent to another address, please indicate the new address). Signature Date Description of archaeological material: Artifacts collected by the Spring 2011 Unviersity of Iowa Department of Anthropology field school at Hickory Hill Park including sites 13JH1399, 13JH1402,.and 13JH1403. This matierial includes prehistoric Indian ceraimcs, one projectile point, lithic flaking debris, and fire- cracked rock, and minor faunal /botanical artifacts. `NPCO LOO,J " The University of Iowa, Office of the State Archaeologist o Curation Services Program ti 700 Clinton Street Building Iowa City, IA 52242 -1 03 0 3e(10) Prepared by: Mike Moran, Parks and Rec Director, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356 -5110 \,RESOLUTION NO. RESOLUTION A THORIZING AND DIRECTING THE MAY TO SIGN AND THE CITY CLERK TO ATTES A DONATION OF ARCHEOLOGICAL ATERIAL AND ARTIFACTS COLLECTED FROM CKLRY HILL PART TO THE UNIVE SITY OF IOWA, OFFICE OF THE STATE AR( HEOL GIST WHEREAS, in March 2011, the City ntered into a Temporary Licens Agreement with the University of Iowa on behalf of its Department of An ropology to allow for the ex avation of prehistoric Indian sites in Hickory Hill park; and WHEREAS, a number of archeological materxls were collected a Osult of these excavations; and WHEREAS, the Office of the State Archeologist "OSA ") has ryquested that the material be donated so it may be professionally curated for future researche to study d made available to other institutions and /or the City for research and display purposes; and WHEREAS, given that such donation of these archeolog and continued availability to the City for research and/or Director of Parks and Recreation recommends donation c NOW, THEREFORE, BE IT RESOLVED BY THE THAT: terials will result in professional curation purposes without cost to the City, the material to the OSA. OF THE CITY OF IOWA CITY, 1. The Mayor is authorized to sign and the Ci Clerk to attest the ttached "Donation or Return Request Form for Archeological Materials indicating that the mat rial will be irrevocably and unconditionally transferred to the Office f the State Archeologist. Passed and approved this ATTEST: CITY CLERK of MAYOR 2011. 29 June 2011 Mike Moran City of Iowa City Dear Mr. Moran: OFFICE OF THE STATE ARCHAEOLOGIST 700 Clinton Street Building Iowa City, Iowa 52242 319 - 384-0732 Fax 319- 384 -0768 osa+Puiowa,edu www.uiowa.edu / —osa Recently the University of Iowa Department of Anthropology completed an archaeological survey at Hickory Hill Park and archaeological materials were collected from your land as part of this survey. Analysis of the materials is now complete. Official state site numbers have been assigned to the collections. The catalog of the collections is enclosed with this letter. We are writing to ask you to donate the archaeological materials to the Office of the State Archaeologist (OSA). The OSA is the official State Archaeological Repository for the curation of Iowa's archaeological materials and maintains the official state site record. If you donate the material to the OSA, the material will be professionally curated, available for future researchers to study and items may also be loaned to other institutions for research or display purposes. You would of course be welcome to view your donation here at the OSA, or to borrow it for City displays. Please indicate if you wish to donate the archaeological materials to the OSA or are requesting the return of the materials on the enclosed Donation or Return Request Form for Archaeological Materials. If you request the material be returned to you, we will ship the collection(s) back to you. If at any time after receiving the material you no longer wish to retain it, please consider again donating the material to the OSA. Please ship the material back to the OSA. The material will then be accessioned into the State Archaeological Repository. Feel free to contact me if you have any questions. Thank you for your attention to this matter. 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V1 In S f9 `�- S Y f9 'd u M Q) m '0 V of QC- M1' ru J U J 00 c 4 — u i U C = u T L +� L m c Q Y c co L NC C L fu O) OX C u a+ Iv) cc +-! � +-! 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Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11_952 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 410 IOWA AVENUE, IOWA CITY, IOWA. WHEREAS, on May 20, 2005, the owner executed Mortgage for the use of Community Development Block Grant Funds (CDBG) with the City of Iowa City to secure a loan; and WHEREAS, the terms of the Mortgage has been satisfied; 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 410 Iowa Avenue, Iowa City, Iowa from Mortgage recorded February 15, 2007, Book 4129, Page 756 through Page 764 of the Johnson County Recorder's Office. Passed and approved this 2nd day of August , 20__LL_ 8 , kel ATTEST: � CITY RK Ap rovedby 7, � City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims _X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Descriotion of Property: see below Mortgagor(s): United Action for Youth Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 410 Iowa Avenue, Iowa City, Iowa, and legally described as follows: Original Town of Iowa City Lot 6 Block 45, according to the recorded plat thereof. from an obligation of the owner, United Action for Youth, to the City of Iowa City represented by an Mortgage, recorded February 15, 2007, Book 4129, Page 756 through Page 764 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: -7&,,42 CITY CLERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) MAYOR Approved by City Attorney's Office NO On this :;2 day of uGccS —I' , A.D. 20 // _, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. tL- a � 7 adopted by the City Council on the a �' clay ALkGL tt 20 /1 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. *0W SONDRAE FORT x Commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa 3 7 �0 /a, 0 3e(12) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 1 - 5'3 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT TO ASSIGNMENT FOR THE PROPERTY LOCATED 321 EAST FIRST STREET, IOWA CITY, IOWA. WHEREAS, on September 30, 1998, the owner executed an Agreement for the use of Community Development Block Grant Funds (CDBG) with the City of Iowa City to secure a loan; and WHEREAS, the terms of the Agreement has been satisfied; 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 Liens for recordation, whereby the City does release the property located at 321 East First Street, Iowa City, Iowa from an Agreement recorded April 9, 1999, Book 2711, Page 274 through Page 292 of the Johnson County Recorder's Office. Passed and approved this 2nd day of August , 20_11___ ��M-AI t MAYOR ATTEST: CTTYkGLERK Approved City Attorney's Office It was moved by cham,2 on and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey X Champion x Dickens —X Hayek X Mims X Wilburn X Wright Resolution No. 11 -253 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x_ Dickens x Hayek x Mims X Wilburn x Wright Prepared by.and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Mid - Eastern Council on Chemical Abuse Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 321 East First Street, Iowa City, Iowa, and legally described as follows: Lot 2 in Block 4, Cook, Sargent and Downey's Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, Mid - Eastern Council on Chemical Abuse, to the City of Iowa City represented by an Agreement, recorded April 9, 1999, Book 2711, Page 274 through Page 292, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY K STATE OF IOWA ) ) SS: JOHNSON COUNTY ) MAYOR Ap .�� City Attorney's Office On this day of AuGus-r� , A.D. 20 It , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. /1 -25 , adopted by the City Council on the 3 *Y-D— day AuC-uST 201 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,�^t s SONDRAE FORT ? Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires 10 w 3 a A Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 11 -2 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MClmetro ACCESS TRANSMISSION SERVICES LLC TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, MClmetro Access Transmission Services LLC desires to install a buried conduit system containing fiber optic telecommunications cable within certain City of Iowa City public rights -of -way; and WHEREAS, the City of Iowa City desires to give MClmetro Access Transmission Services LLC a license to use those certain public rights -of -way for such purposes ; and WHEREAS, it is in the public interest to enter into a license agreement with MClmetro Access Transmission Services LLC concerning the location of and responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached license agreement between the City of Iowa City and MClmetro Access Transmission Services LLC to use certain streets and public rights -of -way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at MClmetro Access Transmission Services LLC expense. Passed and approved this 2nd day of August , 2011. A MAYOR Ap roved by ATTEST: CITY ERK ity Attorney's Office 9 r� Resolution No. 11 -254 Page 2 It was moved by Champion and seconded by M;mG the Resolution be adopted, and upon roll call there were: AYES: x_ x x _ x x _x_ —x wpdata/g lossa ry/res ol utio n-ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND MCImetro ACCESS TRANSMISSION SERVICES LLC FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean publicly -owned or controlled public land and rights -of -way, easements, bridges, parks squares and commons. d. "Network" shall mean cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines necessary for the provision of fiber optic service, including the equipment owned, operated, leased, or subleased by Licensee for the provision of said service. e. "Licensee" shall mean MCImetro Access Transmission Services LLC, a Delaware limited liability corporation located at 2400 N. Glenville Dr., Richardson, TX 75082. SECTION 2. BASIC GRANT Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain the Network in, under, upon, along and across the Public Property shown and identified in Exhibits A and B attached hereto and incorporated herein by this reference ("License Area', according to the terms of this Agreement and subject to the regulatory powers of the City. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new Network component within the License Area, the Licensee must obtain written approval of the Network plan from the Director of Public Works and any necessary permits. The Network plan shall consist of a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. No Network plan component shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under Public Property. In the event that the proposed Network plan shows such an interference, the Director of Public Works shall, within reasonable time after the filing of such Network plan, note the changes necessary to eliminate interference and refer the same back to Licensee for modification of the plans. Once the Network plan is approved by the Public Works Director, it shall be filed in the Public Works Department and Licensee shall obtain an excavation permit authorizing Licensee to perform such work in accordance with the approved maps, plans, and /or specifications. Licensee shall not perform any work on the Network within the License Area prior to the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Licensee shall be in accordance with the approved Network plan and the terms of this License. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK To protect the public and assure the safe and efficient movement of traffic, Licensee shall properly barricade any Public Property used by Licensee in compliance with, at a minimum, the requirements set forth in the Manua/ on Uniform Traffic Control Devices. Licensee shall properly and speedily replace any and all pavement removed or damaged by Licensee in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of the License Area, Licensee shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or Public Property damaged by Licensee. If Licensee fails to repair or arrange with the City for the proper repair of any Public Property after excavations have been made, and after thirty (30) days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of Licensee. SECTION S. EXCAVATIONS The City hereby grants Licensee a license to make excavations in City streets, avenues, alleys and Public Property for the purpose of routine repair, replacement, and maintenance of wires, lines or other Network system components according to the following conditions: 1. Licensee shall first obtain an excavation permit as required by to City Ordinances and Regulations; 2. Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places; 3. Licensee shall provide the Public Works Director with twenty-four (24) hours' notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. 4. Licensee shall provide three (3) day notice to the Public Works Director for any work requiring a street closure or detour prior to such closure or detour. In emergencies which require immediate excavation, Licensee may proceed with the minimum work necessary to remedy the emergency without first applying for or obtaining an excavation permit, provided, however, that Licensee shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If Licensee fails to comply with the provisions of this Section, the City may repair or restore the Public Property, at Licensee's expense, to the condition of the property prior to the disturbance by Licensee. Licensee shall pay the costs of such repair or restoration within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS 2 The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvements that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to Licensee for any Network damage arising out of the performance of such work by other parties. Nothing in this Agreement shall be construed to relieve other persons or corporations from liability for damage to the Network. SECTION 7. LICENSEE CONTRACTORS The requirements of this License shall apply to all employees, agents, persons, firms or corporations performing work for Licensee under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY Licensee's use of any Public Property for the purposes set forth in this Agreement shall be in conformance with the established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. Licensee shall exercise its rights granted herein in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under Public Property in such manner as the City may, at any time, require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purposes of facilitating the vacation and /or redevelopment of Public Property or public right -of -way by the City. In the event Licensee fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to Licensee and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Licensee's failure to act within a reasonable time shall be the responsibility of Licensee. In the case of Public Works projects, reasonable time shall be defined six (6) weeks after the public hearing approving the plans and specifications for said project. Licensee shall not place any Network component in the License Area where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Licensee shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Licensee shall not place identification signs within the public right -of -way. Upon request, the Licensee agrees to locate underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours 3 after the time of request or as otherwise required by the "Iowa One -Call System ". As a condition of this Agreement Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll - free "One -Call" number. Licensee shall restore and replace any surface vegetation removed or damaged during Licensee's exercise of its rights granted herein with sod or other such vegetation approved by the Director of Public Works and in conformance with City ordinances and the standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES Thirty (30) days prior to abandonment of any Network component, Licensee shall notify the City of its intentions. Licensee may be required to remove such abandoned Network component(s) from the License Area as required in conjunction with other right -of -way repair, excavation or construction at the discretion of the Director of Public Works. Once abandoned, this License shall be considered revoked and of no further effect. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and Public Property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of Public Property. Any such further regulations shall apply to Licensee and to this Agreement. SECTION 11. PLANS AND COORDINATION Upon completion of any work performed in accordance with this Agreement, Licensee shall promptly furnish to the City copies of "as- built" plans related to any Network component located on Public Property. Licensee shall keep complete and accurate maps and records of the locations and operations of its Network, including buried abandoned facilities. SECTION 12. VIOLATIONS OF AGREEMENT In the event that Licensee is in breach of this Agreement, or has violated or breached any local, state or federal law or regulation related to the rights granted herein (hereinafter referred to as a "default'), the City shall give written notice to Licensee of the default. Licensee shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, the time for curing such default shall reasonably be extended for such period of time as may be necessary to promptly complete such cure with due diligence. If the City determines that Licensee's default is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Licensee and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Licensee. If Licensee fails to cure a default within the time allowed, the City shall have the right to: 4 i. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Licensee; or seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE Licensee covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. Licensee agrees to require contractors and subcontractors engaged in work for Licensee on Public Property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by Licensee in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this Agreement or their validity or legality and this Agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this Agreement to be terminated. SECTION 15, ASSIGNMENT Neither party shall assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party, which consent shall not be unreasonably withheld, delayed or denied; provided, however, that Licensee shall have the right, upon providing notice to the City, to assign or transfer this Agreement, in whole or in part, to any parent, subsidiary or affiliate of Licensee, or to any person, firm or corporation which shall control, be under the control of, or be under common control with Licensee, or to any corporation into which Licensee may be merged or consolidated or which purchases all of substantially all of the assets or stock of Licensee. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days' notice provided to Licensee, if the City determines that the Public Property is needed for a public purpose by the City and should be cleared of any and all obstructions. When not in conflict with other City purposes, needs or uses, as long as Licensee exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or Public Property in which Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the Network in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require Licensee to relocate its Network as provided in Section 8 hereof. SECTION -17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 (319) 356 -5140 If to Licensee: Manager Right of Way and Municipal Affairs MCImetro Access Transmission Services LLC 2400 N. Glenville Drive Richardson, TX 75082 (972) 729 -7106 With a copy to: MCImetro Access Transmission Serives LLC Legal Department, Network Facilities 2400 North Glenville Drive Richardson, TX 75082 (972) 729 -6751 Provided, however, that in case of an emergency, notices may be given verbally to the above - named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given five (5) business days after mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. JURISDICTION The parties acknowledge that any dispute regarding this Agreement shall be resolved by an Iowa court of competent jurisdiction in accordance with the laws of the State of Iowa. SECTION 19. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's expense. A Dated this d day of Atuc..usT 12011. CITY OF IOWA CITY AWL` -,�i,6 Matthew J. Hayek, Mayor Attest: ��� - City derk Approved by: Gf Aea City Attorney's Office MCImetro ACCESS TRANSMISSION SERVICES LLC By. `J Carl D. Hirschenhofe CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2, � day of Aaeusf , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. 11—dS 4 and passed by the City Council, on the day of Au &usT 2011, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,&"L, ' j[oMSONDRAE FORT Notary Public in and for the State of Iowa mmission Number 159791 y Commission Expires My commission expires: 2a�3 3 ;bl LICENSEE ACKNOWLEDGMENT STATE OF Ie x S ) ss: A - / /I4S COUNTY) On this 2-( -Nay of 2011, before me, the undersigned, a Notary Public in and for the State of 'Tex s in and for said county, personally appeared Carl D. Hirschenhofer, to me personally known, who being by me duly sworn did say that that person is the CA W — I of said company and that said instrument was signed on behalf of the said co pany by uthority of its board of directors or trustees and the said Ay��,r, _ acknowledged the execution of said instrument to be the voluntary act i4nd deed of said company by it voluntarily executed. C)� 06� : • JIMMY MURPHREE Notary ub is in and or the State ofJewe— j e�,�s Notary Public, State of Texas My Commission Expires '- January 25, 2012 My commission expires: U: \PW\STAFF\Kim J \ROW Agreements \Temporary - Fixed \Fiber Optic \MCImetro Access.doc k � , < ' %§ CD ft § § / \ | w � :, (L § \ I -i | Q 3 \ ) 0 / / m ) = a \ LLJ E / \ \ ® \ \ \ ® . a_ / A 3§ � � .�_ � .� 0 0 0 f 0 e r � � ® Z � m 0 c .0 :E C/3 e c 0 w m 0 � � E 0 � c 0 � O 0 c Q � � ;Is 51 U cn C-) V % L_ -:___� VA- m c 'o a� 0 0 .n M C) � o c- m cm C5 �� i a s I m a Z Fi 0 0 Z o x w� Ua. a �b i� J :. CL o �C ci z x j g H > U Q V J ¢ J ¢ D a o x X X d W } w A M N Z O m Z: U A w oo�n o ° f v=i H Q) W 0 U 3 ci3 U /� v J n ry O ( r �- - n + - C) a Qo Z U ;Is 51 U cn C-) V % L_ -:___� VA- m c 'o a� 0 0 .n M C) � o c- m cm C5 �� N� L��Z CITY OF IOWA CITY MEMORANDUM DATE: July 26, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Fiber Optic Agreement with MClmetro Access Transmission Services LLC — August 2, 2011 Introduction: MClmetro Access Transmission Services LLC desires to install a buried conduit system containing fiber optic telecommunications cable within City of Iowa City public right -of -way. History /Background: This fiber optic cable placement is being requested to enable MClmetro Access Transmission Services LLC to provide expanded telecommunications services for University of Iowa facilities. An existing conduit route will be utilized along the IRIS Railroad from Clinton Street to Scott Boulevard with additional conduit being installed within the First Avenue and Scott Boulevard rights -of -way which will connect to existing University of Iowa conduits. Discussion of Solution: To enable MClmetro Access Transmission Services LLC to install said conduit, staff has drafted a License Agreement between the City of Iowa City and MClmetro Access Transmission Services LLC. This Agreement will allow MClmetro Access Transmission Services LLC to install, operate, and maintain a buried conduit containing fiber optic cable within City of Iowa City public rights -of way. Recommendation: Staff recommends the authorization of the License Agreement with MClmetro Access Transmission Services LLC at the August 2, 2011 council meeting. cc: Rick Fosse, Public Works Director - 2-11- 3e(13) 5d Prepared by Sarah Walz, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5239 (SUB 11-00007 RESOLUTION NO. 11 -255 RESOLUTION APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PART 10, IOWA CITY, IOWA. WHEREAS, the owner, Arlington LC, filed with the City Clerk, an application for approval of the preliminary plat of Stone Bridge Estates Part 10, Iowa City, Iowa; 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 10, 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 2ndday of August 201L ATTEST: CITY —EERK A MAYOR Approved by ity Attorney's Office 7 �31y It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X s\pcd\prelim i nary plat - resolution.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright To: Planning & Zoning Commission Item: SUB11 -00007 GENERAL INFORMATION: Applicant: Contact Person: STAFF REPORT Prepared by: Sarah Walz, Associate Planner Date: July 7, 2011 Arlington LC 1486 South 1" Avenue, Unit A Iowa City, IA 52240 John Moreland 319 - 338 -8282 Requested Action: Preliminary Plat for Stonebridge Estates, Part 10 Purpose: To allow the development of a 27 -lot subdivision Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Along an extension of Huntington Drive, north of Court Street and west of Taft Avenue 8.06 acres Undeveloped, Medium Density, single - family (RS -8) zone North: Single-family residential (County -R) South: Residential (RM -12) East: Agricultural (County -Ag) West: Undeveloped (OPD -5) Single- family residential Lower West Branch May 10, 2011 July 25, 2011 Sanitary Sewer can be extended from neighboring subdivisions on the west and south. Public Services: The City will provide Police and Fire protection, and refuse and recycling collection services. The nearest transit route is the Eastside Express with a stop along Ashford Place approximately 1,300 feet from the subdivision. 2 BACKGROUND INFORMATION: The subject property is located east of the Stone Bridge Estates, Parts 6 -9, between the south branch of Ralston Creek and Taft Avenue. At this time Taft Avenue is an unimproved, chip seal road, however in the future it will serve as an arterial street that will carry truck traffic to and from the expanded industrial zone to the south. A single - family home is established on the property to the north; an RM -12 multi - family development is located to the south along Huntington Drive. The proposed preliminary plat will allow the development of 27 single - family lots, located along an extension of Huntington Drive ending in a cul -de -sac. East -west access to the subdivision will be provided from Thames Drive, which will connect Taft Avenue to Colchester Drive. Colchester and Huntington Drives both provide access south to Court Street. In 2009, the property was rezoned from Interim Development Single Family Residential (ID -RS) to Medium Density Single Family Residential (RS -8). The conditional zoning agreement for the property requires the following: a.The developer must grant the City necessary temporary construction easements, as determined by the City, at no expense to the City, for the improvement of Taft Avenue; b.The developer shall contribute 12.5% of the cost of upgrading that portion of the adjacent portion of Taft Avenue to City standards; c. Lots adjacent to Taft Avenue be a minimum of 140 feet in depth; d. A minimum of 50% of the required landscaping along Taft Avenue must be comprised of evergreen plantings and must comply with a landscaping plan submitted at the time of the rezoning. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighboring property owners since the rezoning in 2009. ANALYSIS: Compliance with Comprehensive Plan: The Northeast District Plan shows the area north of Thames Drive as appropriate for large -lot, single - family housing. The concept plan illustrated large lots, with access provided along a rear alley running parallel to the creek. The concept for smaller lots as depicted on the proposed plat was approved with the RS -8 re- zoning based on adequate space being provided for substantial landscaping to buffer the double- fronting lots from traffic on Taft Avenue. The proposed lots that front onto Taft meet the minimum 140 -foot lot depth that was a condition of the RS -8 rezoning, providing space for a required 40 -foot setback and a substantial landscape screen to be installed by the developer. The Northeast District Plan also provides some guidance regarding the preservation of open space along the creek, stating "the plan depicts single - loaded streets adjacent to the Ralston Creek stream corridor to be open to the entire neighborhood, not just available to a small percentage of the residents whose private back yards might otherwise back onto the waterway." Both the west and east sides of Ralston Creek were platted as part of Stone Bridge Parts 6 -9. The stream corridor and the required stream buffers will be set aside as part of a system of contiguous outlots that will include trails to be constructed by the developer. A public access easement will allow community access to the trail system. Compatibility with neighborhood: In staffs view, the proposed subdivision provides an appropriate transition between the multi - family development south of Thames Drive (Windsor Ridge Part 21) and 3 the large -lot, single - family development located west of the creek. The proposed subdivision shows Huntington Drive ending in a cul -de -sac that angles to the east at Outlot A. This outlot reserves land for potential future development. In the event that the single - family property to the north should re- develop, the cul -de -sac could be removed, allowing Huntington to extend further to the north — Outlot A could be subdivided and developed at that time. Staff believes this open space is an appropriate transition to the single - family property to the north. Environmentally Sensitive Areas: As stated previously, Ralston Creek and its required stream buffers were platted as part of Stone Bridge Estates part 6 -9, however the plat for Part 10 does show a narrow strip of the required stream buffer, labeled as Outlot B, along the edge of west of lots 8 -14. This area is designated to be managed by the homeowners association. The proposed outlot is quite narrow, and, taken on its own, would not seem to provide any benefit or use to the homeowners association. Nonetheless, the stream corridor buffer it is intended to provide an ecologically sound transition to the creek in terms of erosion control and stormwater filtration. Without some way of distinguishing theoutlot from the private lots that abut it, over time this area is likely to become confused with individual private properties. Staff recommends the area labeled as Outlot B of Part 10 be incorporated into Outlot C of Part 8 and that all the contiguous outlots along the creek and the trail system be maintained by a single homeowners association that encompasses all properties in the Stone Bridge Development. Plans to address the long -term maintenance of these areas should be addressed at the time of final plat review. Access and street design: Access to the development will be provided along an extension of Huntington Drive. Thames Drive will provide east -west access — connecting Taft Avenue to Colchester Drive. However, whether Thames Drive can be connected to Taft Avenue as it is currently constructed (prior to improving Taft) —this will depend on the grades of the two roads. The portion of Thames Avenue that crosses the creek was included in the preliminary plat for Stone Bridge, Part 7. The applicant has indicated his preference to build this section of the road with Part 10 and has thus included the area in the proposed plat. Staff believes this is appropriate as the crossing provides no real use until such time as it can be connected with Huntington and Taft. Therefore this portion of Thames Drive should be not be included in the final plat of Part 7. Section 15 -3E -2K of the subdivision code states that "At the discretion of the City, subdivisions may be approved that access existing public streets that do not meet City standards, provided the subdivider contributes toward the future construction cost of bringing the segment of the subject public street that abuts the subject property to City standards." As stated above, Taft Avenue is currently an unimproved chip seal road, but is planned as a future arterial street. Therefore the subdivider of Stone Bridge Part 10 is subject to the arterial street costs (12.5% of total construction cost) at the time of final plat. This information must be included in the legal papers for the subdivision. The required minimum 40 -foot building setback is shown along Taft Avenue. Within this setback a 20- foot landscaped buffer is required. No fences are allowed in the 20 -foot buffer area; this prohibition must be made explicit in the subdivision papers. The landscape plan that was approved at the time of rezoning is indicated on the plat. Staff recommends that funds to create the landscape buffer be set aside by the developer prior to building permits being issued for the lots. The buffer will then be installed after Taft Avenue is rebuilt. To provide for the future improvement of Taft Avenue, the applicant is also required to dedicate space for right -of -way and construction easements. These issues should be addressed in the legal papers for the final plat. On the west side of the creek, Thames Drive will include an 8 -foot sidewalk on the south side of the street lH to provide an adequate trail connection to the future creekside trail system. Staff recommends that the 8- foot sidewalk be continued east to Taft Avenue as part of the subdivision. Neighborhood parkland or fees in lieu of: Based on the open space formula in section 14 -5K -3, the subdivider is required to dedicate 13,238 square feet of land (approximately 1/3 acre) or fees in lieu of. Fees in lieu of dedication would be appropriate given the lack of suitable open space on this property. Such fees could contribute to the development of a public park on open spaced to be dedicated from parts 6 -9 of Stone Bridge Estates. Storm water management: The applicant will provide infrastructure to convey the storm water to the creek, which carries the 100 -year storm run -off to the public storm water management facility —Scott Park Detention Areas on the south branch of the Ralston Creek. No separate storm water management facility on the property is required. Sanitary Sewer Easement: The proposed plat shows a sanitary sewer easement at the southwest corner of lot 1. This alignment does not match up with a sanitary sewer easement shown in Stonebridge Estates Part 5 -9, which ran north -south along the rear property lines of lots located south of Thames Drives (lots 1 -6). Infrastructure fees: When this property is final platted the applicant /owner will be required to pay tap on fees for water main water main extension at a rate of $395 per acre. No fees for sanitary sewer are required. As noted above, fees will also be collected for the improvement of Taft Avenue (12.5 % of the cost of reconstruction). Mailbox Clusters: The mailbox clusters that serve the subdivision are currently located within the Thames Drive right -of -way and the stream corridor buffer. Mailbox clusters are usually located within an outlot. In this instance, the outlot adjacent to this portion of Thames is not part of the subject subdivision. Staff recommends moving the clusters into the required setbacks of lots 6 and 7 along Thames Drive. STAFF RECOMMENDATION: Staff recommends deferral for SUB11- 00007, a preliminary plat and sensitive areas development plan for Stone Bridge Estates Part 10, pending resolution of the discrepancies noted below. Upon resolution of these discrepancies, staff recommends approval. Issues related to the designation and management of the contiguous outlots along the creek will need to be addressed at the time of final plat review. DEFFICIENCIES & DISCREPENCIES Staff has noted the following discrepancies on the submitted plat: The mailbox clusters to serve the subdivision clusters are currently located within the Thames Drive right - of -way and within the stream corridor buffer. Staff recommends moving the clusters into the required setbacks of lots 6 and 7 along Thames Drive. A sanitary sewer easement shown at the southwest corner of lot 1 alignment does not align with the easement shown in Stonebridge Estates Part 5 -9. ATTACHMENTS: 1. Location Map 2. Plan or plat Approved by: 916yza� Robert Miklo, Senior Planner, Department of Planning and Community Development ON! M -niH OULLL Fm S-I o N if Q) 4-J LU N 0 4-J z 0 0 .j LU Z Qi � W W � l I : � M I o� 44 ° -y Ilk CD •��g` N K "4k W�° �•¢gE i C!'7i�3�A °�3�gQ V L �S� kC�� �•R� � ��eb cl mWw >$ } awo U) (L -- - - - -� °_ _ - • J� cl mWw >$ } awo U) (L -- - - - -� °_ _ - Planning and Zoning Items August 2, 2011 • Preliminary plat for Stone Bridge Estates Part Ten, a 27 -lot, 8.06 acre residential subdivision located on the west side of Taft Avenue, north of Huntington Drive. (SUB 11- 00007) pis c c �i Ir Court St �G O ''y Q H Lower West Branch R era - .w..r.d r �'WlNh LS UL AaoUTLOT, A 16,' I i•, -ilia 17 0 18 x \ i i x•j' c 19 Y 7 20 THAMES MNE W _ to �f _ s � � r%^ 6 I� i i. 21 + t 4 iio 23 3 24 t 25 # 2 26 56. y 11 b ( / ��% 9 5e Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 (SUB 10- 00016) RESOLUTION NO. 11 -256 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROCHESTER RIDGE, IOWA CITY, IOWA. WHEREAS, the Owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens, and the Applicant, Rochester Ridge LLC, filed with the City Clerk, an application for approval of the preliminary plat of Rochester Ridge, Iowa City, Iowa; 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, but recommended that Council not approve the final plat until the U.S. Army Corps of Engineers approves a Wetland Mitigation Plan for this property and a long -term maintenance plan is developed for the wetland /stormwater detention located in Outlot A; 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 Rochester Ridge, 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 2ndday of Au ust, 201L MAYOR Approved by ATTEST: Ala, �zr��JWee� CITY CLERK City Attorney's Office �/;? 7/f It was moved by Mims and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X X s \pcd \res - rochester ridge.doc Dicke ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be Preliminary plat for Rochester Ridge, a 55- lot, 23.22 acre residential subdivision located at 2949 Rochester Avenue. (SUB1 1-00001) PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN ROCHESTER RIDGE IN IOWA IOWA CITY, IOWA RAW O RAN IRRINI'm 1111N11 1(r � II I�J�i� 1 /Ply %• num 511RVC19I6 2 IRVEAREAS PMENTPLM M o xry fi �F9 ®rmm, �33E::3_ e \1 1 i1 1 MII I I I /Ply %• num 511RVC19I6 2 IRVEAREAS PMENTPLM M o xry fi �F9 5f Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5240(SUB11- 00008) RESOLUTION NO. 11 -257 RESOLUTION APPROVING FINAL PLAT OF ROCHESTER RIDGE PART ONE, IOWA CITY, IOWA. WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens ,and the Applicant, Rochester Ridge LLC filed with the City Clerk the final plat of Rochester Ridge Part One, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence S88 °53'41 "W, along the North Line of Oakwoods Addition Part 6B, in accordance with the Plat thereof Recorded in Plat Book 14, at Page 19, of the Records of the Johnson County Recorder's Office, a distance of 238.26 feet, to the Northwest Corner thereof and the Northeast Corner of Oakwoods Addition Part 7, in accordance with the Plat thereof Recorded in Plat Book 14, at Page 20 of the Records of the Johnson County Recorder's Office; Thence S88 °55'05 "W, along the North Line of said Oakwoods Addition Part 7, a distance of 165.07 feet; Thence N01 °04'55 "W, 27.12 feet; Thence Northwesterly, 99.54 feet along a 313.00 foot radius curve, concave Southwesterly, whose 99.12 foot chord bears N10 011'33 "W; Thence N19 °18'11 "W, 41.20 feet; Thence Northwesterly, 74.60 feet along a 363.00 foot radius curve, concave Northeasterly, whose 74.47 foot chord bears N13 024'57 "W; Thence N82 °28'18 "E, 114.00 feet; Thence N30 051'13 "E, 35.46 feet; Thence N01 002'46 "W, 28.00 feet; Thence N08 051'25 "W, 97.49 feet; Thence N18 037'06 "W, 101.84 feet; Thence N46 °11'28 "W, 156.79 feet; Thence S88 055'42 "W, 153.28 feet; Thence S87 046'03 "W, 62.51 feet; Thence S89 047'16 "W, 70.00 feet; Thence S00 012'44 "E, 59.97 feet; Thence S89 047'16 "W, 70.00 feet; Thence N00 012'44 "W, 5.00 feet; Thence S89 047'16 "W, 118.50 feet, to a Point on the East Line of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00 012'44 "W, along said East Line, 357.80 feet, to the Northeast Corner thereof, and a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N75 °00'31 "E, along said Northerly Line, 135.12 feet; Thence N70 042'29 "E, along said Northerly Line, 440.23 feet; Thence S19 017'31 "E, 262.00 feet; Thence S70 °42'29 "W, 4.85 feet; Thence S19 017'31 "E, 72.23 feet; Thence S00 °20'58 "E, 141.90 feet; Thence S48 °14'36 "E, 107.60 feet; Thence S89 026'18 "W, 219.11 feet, to a Point on the West Line of said Oakwoods Addition Part 6; Thence S00 °33'42 "E, along said West Line, 551.54 feet, to the Point of Beginning. Said Tract of land contains 10.93 Acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Resolution No. -J-L-257 Page 2 WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2011) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the Applicant. Passed and approved this 2nd day of August , 2011. MAYOR Approved by ATTEST: CITY JERK City Attorney's Office -11,2 711f It was moved by Rai 1 Py and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: X— X X X X X X pcd /templates /Final Plat - Resolution.doc.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright STAFF REPORT To: City Council Prepared by: Robert Miklo Item: SUB11 -00008 Date: August 2, 2011 Rochester Ridge —Part One GENERAL INFORMATION: Applicant: Rochester Ridge, LLC PO Box 3474 Iowa City, IA 52244 Contact Person: Jesse Allen Phone: (319)530 -8238 Requested Action: Final Plat Purpose: Development of Rochester Ridge subdivision Location: 2949 Rochester Avenue Size: 10.93 acres Existing Land Use and Zoning: OPD -5 Undeveloped Surrounding Land Use and Zoning: North: Undeveloped, ID -RS South: Single Family Residential, RS -5 East: Single Family Residential, RS -5 West: Undeveloped, RS -5 Comprehensive Plan: Northeast District Plan: Single- family residential. Neighborhood Open Space District: NE -2 Pleasant Hill /Lemme File Date: July 6, 2011 60 -Day Limitation Period: September 5, 2011 BACKGROUND INFORMATION: A Planned Development Overlay Rezoning and Sensitive Areas Development Plan were approved by the City Council in June. The Sensitive Areas Development Plan allows the disturbance of woodlands, slopes, stream corridor and wetlands to permit the installation of essential stormwater management facilities and street connections. The entire Rochester Ridge subdivision includes 55 lots. The applicant is proposing to final plat Rochester Ridge in four phases with part one containing 18 residential lots, Outlot A which provides a midblock pedestrian connection between Rochester Avenue and Lower West Branch Road, Outlot B, which will contain cluster mailboxes and Outlot C, which contains the stormwater management area. ANALYSIS: The final plat of Rochester Ridge Part One is in general compliance with the preliminary plat, the sensitive areas plan, and the subdivision regulations. Construction drawings are currently being reviewed by the City Engineer. Legal papers are being reviewed by staff and must be approved by the City Attorney prior to Council approval of the final plat. A number of issues will need to be addressed in the subdivider's agreement as discussed below. The Sensitive Areas Development Plan allows the disturbance of a significant amount wetlands, woodlands and slopes in order to provide for the construction of Westminster Street and stormwater management facilities within Outlot C. After the developer has completed construction of the stormwater management facilities, the home owners association will be responsible for the maintenance of Outlot C. The subdivider's agreement will need to address procedures for financing maintenance costs for Outlot C. Procedures for the maintenance of outlots A and B should also be specified in the in the legal papers. The Sensitive Areas Plan identifies several existing trees along Rochester Avenue that are to be protected. Many of these are within a 20 landscape buffer that is required for the double fronting lots. Others are located on individual lots. The legal papers should specify that these trees will be protected during installation of infrastructure and when houses are built upon the lots. The Sensitive Areas Development Plan allows more than 50% of the woodlands to be removed from the property provided that replacement trees are planted at a ratio of one tree per 200 square feet of removed woodlands. Some of the replacement trees will be provided within an easement for the required buffer along Rochester Avenue, others will be planted within Outlot C and others will be planted on individual lots. The legal papers should address the applicant's responsibility for planting the trees. The Planning and Zoning Commission recommended that the final plat not be approved until the Army Corp of Engineers approves the wetland permit for development of the property. It is anticipated that Corp approval will occur in mid - August. Given the Council's summer meeting schedule, rather than delay approval of the final plat, staff recommends that it be approved subject to no grading permit being issued until the Corp has approved the wetland permit. This will assure that no development activity occurs on the property until the Corp has issued a permit. We believe this satisfies the intent of the Commission's recommendation. STAFF RECOMMENDATION: Staff recommends that SUB11- 00008, a final plat of Rochester Ridge Part One, an 18 -lot, 10.93 -acre residential subdivision located at 2949 Rochester Avenue, be approved. ATTACHMENTS: 1. Location Map 2. Plat Approved by: Jeff Davidson, Director Department of Planning and Community Development 0 E 9K rn� gD- SR�$w, � 18 I ss�s / I fGIJ f, /St. 6� L6 •8 - \ I Q Aq O J 3.9AS60L005 r 3: <L4B # 2^.°1 \ \ tl V S v Jg \ \ > § 0 � \ 0;0 Z Z-4 D z1 SS 3.zf,tt 05 rn [DIE H OLa QOQ� I�DQ�4D0apaG4 6 iO o D ZZ �AMls,Q �N L -- �' i L% P0V0 OOL ��� �-- �9 /4maC�q /4 �C�C�4�OMn 9�m4DJG'1mG36 � \�a 4A �--- $�em 3gg3q�As�Ng�mgo;:�'���a i�D F 020_. � 33:op mmaS a ;5y # ' qua.. gmm3�'p'�° o$° $ n�im °n4�.io F P ..9gsA aQS o'iwg, RR q »v 9q R�;iFZi 33 yD13f' P$�9 Ye fi aN.•.d'9 -.R 4e 4s4 gs zmm m ym OD yNy D �ma O $ i IEEE- R m D & os� 6F 0 D v DCn Z ..A1 o C (n z g9SCC mN `�n0 y x$HO � z C) m c 0� p m m N Z F D ? 0 z Cl) Z zF b� o� Omy m� co °o m m D �a �` Z 1AAF —nh— I Avn PEA nnT ym OD yNy D �ma O $ i IEEE- R m D & os� 6F ® o.DDf m ..A1 u� �w I11 g9SCC mN `�n0 y x$HO � z C) m � 9 N Z F zF d g�a Omy m� p° 18 IEEE- R 6F °� 04 why � �, "z u� �w r� �J • Final plat for Rochester Ridge Part One, an 18 -lot, 10.93 -acre residential subdivision located at 2949 Rochester Avenue. HdN OPDS ai T4 CITY fD-RS ID -RS Helen Lemme School SITE LOCATION: Rochester Rldge Part 1 SUB11-00008 t }4'��y�p `m�fSFN�f[IIF9 �9���}SlAµyfi{yfIIFVL I��VIRy9yR[miY® �9iID.IN@� _9i FiBf{tY9 L31•�io ➢6@M i1RV�feim�IrtyRyn __ .ue� mrvae.nimv�mv sex+vmeusrmrmxnn RIM au .nx�ii.'vmim��n�+.n.rpvmxnme� e�Ermn�mvsrrn�mvsrr+vu+mnrc. ��. +ou "` It. o .. ;* ,A by' CS'm �oOgp*�� FINAL PLAT ry � 9 .. PART COUNT m `m� : M m.....r....... ",. IOWA CNY, JOHNSON COUNTY IOWA AND NOTES l° __e� _ _ a.r CML ENGINEERS a N11 =NNQ— LAND PLANNERS 0 o i°n m'.umc°scmurum "r'w, ",,,, LAND SURVEYORS rs ' W@�90�n ur`ma�oi°ira°mr �g raw •••r• " "", ". ew,,..... LANDSCAPE ARCFDIVIS w...�pN/ BNVRMNIIERfA49Pm8CIA71S73 it IN W' "w".."�" o.'`ir."i u"llIi I"iiw,e' IN n.iw nx^.r m. ,mQQ. wsnrtee �D Up w �?; a .v", , w.."...'" ,o..r.�.e ma°m°w.'"I.....I .°aa mm .I.. lCWaM101 ..w.,,.�a.,,o..w N,.p,.r y, ro e;o...... v. .. w. ww m.w arm°ruru LI- I p I a" y N. FILED QQ- _ ....� „', ^ ". � � I, `. 1 JUN 16 2011 �r..i...e ".. xis.. .ir..ai'mmia °Ma+;ndi.....m ". "ae a,...:'e°i: °.w"ii`r" °M°°k1: n1.1°v."'i City Cic[k ai b' r9 Iow/4 /J'' a Ciry, z Iowa FINAL PLAT o, MdwlIo,`\ .1omA` Y `ee 1 POINT OF GINNING N. w l 1" / I m , 1n I m w�atit I ROCHESTER: RIDGE @ PART ONE IOWA CITY IOWA O ASONCOUNTY f MMS CONSULTANTS. ING.E Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -258 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 519 NORTH JOHNSON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -five single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 519 North Johnson Street, Iowa City; and WHEREAS, the City has received an offer to purchase 519 North Johnson Street for the principal sum of $170,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $5,000, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on July 12, 2011, the City Council adopted a Resolution proposing to convey its interest in 519 North Johnson Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 519 North Johnson Street, legally described as the South 50 feet of Lot 1, Block 35, Iowa City, Iowa. Resolution No. 11 -258 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Wilburn and seconded by Rai i ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Passed and approved this 2nd day of August '2011. MAYOR ATTEST: A� - CITY-CLERK Approved by City Attorney's Office i Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. FILED iii 12 7011 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FA ILY HOMEcity Clerk LOCATED AT 519 NOR \$1. ON STREET. Iowa City, Iowa WHEREAS, the UniverCity Ned Partnership Program is joint effort between the University of Iowa and the City age home ownership and reinvestment in designated neighborhoods surrounding the of Iowa; and WHEREAS, the City has receivmillion I -Jobs grant;to assist in the acquisition and rehabilitation of twenty -five sinomes to provide affordable housing in designated neighborhoods surrounding the o owa; and WHEREAS, Resolution 09 -384 authorized t e City to acquire and rehabilitate properties consistent with the grant agreement for I -J s funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 519 North Johnson Street, Iowa City; and WHEREAS, the City has received an offer to purch e principal sum of $170,000 (the amount the City paid to c costs" of approximately $5,000, which are all casts incur maintain it and sell it, including abstracting and `ecording fe the home, mowing and snow removal, utilitie real estate $50,000 to repair and rehabilitate the home; d 519 North Johnson Street for the quire the home), plus the "carrying d by the City to acquire the home, V ,interest on the loan to purchase xes, and any costs in excess of WHEREAS, this sale would provide affor able housing in a designated area surrounding the University of Iowa; and \ WHEREAS, on July 12, 2011, the Ity Council adopted a Resol ion proposing to convey its interest in 519 North Johnson StXblic , authorizing public notice of the roposed conveyance, and setting the date and time for the hearing; and WHEREAS, following the pubic hearing on the proposed conveyanc7, the City Council finds that the conveyance is in the fiublic interest. \ NOW, THEREFORE, BE A RESOLVED BY THE CITY COUNCIL OF YHE CITY OF IOWA CITY, IOWA, that: / Upon the dire ion of the City Attorney, the Mayor and the City Clerk are authorized to execute a w ranty deed conveying the City's interest in 519 North Johnson Street, legally described s the South 50 feet of Lot 1, Block 35, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by adopted, and upon AYES: and seconded by I there were: NAYS: ABSEN : Passed and approved this day MAYOR ATTEST: CITY C Approved by City Attorney's Office the Resolution be Bailey Champion Dickens Hayek Mims Wilburn Wright 2011. FILED JUL 12 7011 City Clerk lcwa City, Iowa Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11-259 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 904 BOWERY STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -five single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for Wobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 904 Bowery Street, Iowa City; and WHEREAS, the City has received an offer to purchase 904 Bowery Street for the principal sum of $115,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $12,000, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on July 12, 2011, the City Council adopted a Resolution proposing to convey its interest in 904 Bowery Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 904 Bowery Street, legally described as Lot T, Jerome's Addition, Iowa City, Iowa. Resolution No. 11 -259 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Bailey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek y Mims x Wilburn _x Wright Passed and approved this 2nd day of August , 2011. 6!.� . MAYOR ATTEST: CIT -ERK Approved by City Attorney's Office Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington Si- 11owa City, IA 52240 (319) 356 -5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A LOCATED AT 904 BOWERY STREET. FILED Iv;�o 4 JUL 12 2011 INGLE FAMILY HOME City Clerk Iowa City, Iowa WHEREAS, the UniverCity Ne' hborhood Partnership Pr gram is a joint effort between the University of Iowa and the City t encourage home own ship and reinvestment in designated neighborhoods surrounding the U iversity of Iow/nd WHEREAS, the City has received a 1.25 millio grant to assist in the acquisition and rehabilitation of twenty -five single fa ily homes ide affordable housing in designat ed neighborhoods surrounding the Univers of IowWHEREAS, Resolution 09 -384 authori d tho acquire and rehabilitate properties consistent with the grant agreement for I -Jo s for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitatl a single family home located at 904 Bowery Street, Iowa City; and / \ WHEREAS, the City has received an offer t purch a 904 Bowery Street for the principal sum of $115,000 (the amount the City paid t acquire he home), plus the "carrying costs" of approximately $6,000, which are all costs , curred by e City to acquire the home, maintain it and sell it, including abstracting and recor ing fees, inte est on the loan to purchase the home, mowing and snow removal, utilities, rea estate taxes, a d any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide (ffordable housing in a \esignated area surrounding the University of Iowa; and WHEREAS, on July 12, 2011, the City Council adopted a Res ution proposing to convey its interest in 904 Bowery Street, q0thorizing public notice of the proposed conveyance, and setting the date and time for the blic hearing; and WHEREAS, following the publi hearing on the proposed conveyance, the City Council finds that the conveyance is in the p blic interest. NOW, THEREFORE, BE IT �ESOLVED BY THE CITY COUNCIL OFD THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 904 Bowery Street, legally described as Lot T Jerome's Addition, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by the Resolution be City Clerk Icwa City, Iowa Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 11 -260 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE URBAN RENEWAL PLAN FOR THE SCOTT SIX URBAN RENEWAL AREA, AMENDMENT NO. 1. WHEREAS, City Council approved the original Scott -Six Urban Renewal plan with Resolution 97 -255 on July 29, 1997; and WHEREAS, the Council has reasonable cause to believe that the area described in the Urban Renewal Plan for the Scott -Six Urban Renewal Area, Amendment No. 1 (hereinafter "Amended Plan ") satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and WHEREAS, the Amended Plan has been prepared and is on file in the office the City Clerk; and WHEREAS, the Amended Plan contemplates certain changes to the original Urban Renewal Plan for the Scott -Six Urban Renewal Area, as well as the addition of the following described area to the existing urban renewal area: The NW quarter of the NE quarter of Section 30, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa; also including the west 5.32 acres of the NE quarter of the NE quarter of said Section 30; and including all of the NW, NE, and SW quarters of the SE quarter of Section 19, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa, and all of the SE quarter of the SE quarter of said Section 19 lying north of the southern right -of -way boundary of the Iowa Interstate Railroad; thence beginning at the SE corner of Nathaniel's Addition of the County of Johnson County, which is on the centerline of 420th Street, west 40'; thence W295% N338% E295% and S386'; also that portion of land lying south of the Iowa Interstate Railroad to the centerline of 420th Street between the western boundary of Nathaniel's Addition and the eastern boundary of the SW quarter of the SE quarter of said Section 19. WHEREAS, it is desirable that the Scott -Six Urban Renewal Area, as amended, be allowed to develop as an orderly continuation of the City's industrial area, which is nearly at capacity, and WHEREAS, the Iowa statutes require the City Council to submit the proposed Amended Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefore; and WHEREAS, creation and adoption of the Amended Plan has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for -1- Resolution No. 11 -260 Page 2 development of the City as a whole, as evidenced by its written report filed herewith and incorporated herein by the reference; and WHEREAS, by a resolution adopted on June 21, 2011, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Amended a and the proposed fAmendeddPlanl be sent to all affected taxing said consultation copy entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if applicable, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, by said resolution, this Council also set a public hearing on the adoption of the proposed Amended Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press Citizen, which notice set for the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Amended Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the Urban Renewal Plan for the Scott -Six Urban Renewal Area, Amendment No. 1 for the area of the City of Iowa City, Iowa, legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Amendment No. 1 Area "), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2. This Council further finds that the Urban Renewal Plan for the Scott -Six Urban Renewal Area, Amendment No. 1, attached hereto as Exhibit A and incorporated herein by this reference, conforms to the general plan for the development of the City as a whole. Section 3. That the Amendment No. 1 Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Urban Renewal Plan for the Scott -Six Urban Renewal Area, Amendment No. 1 be and the same is hereby approved and adopted as the Urban Renewal Plan for the Scott -Six Urban Renewal Area, Amendment No. 1. Section 5. That the Urban Renewal Plan for the Scott -Six Urban Renewal Area, Amendment No. 1 shall be in full force and effect from the date of this resolution until the later of -2- Resolution No. 11 -260 Page 3 the date of termination set forth in the Urban Renewal Plan for the Scott -Six Urban Renewal Area, Amendment No. 1 or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Urban Renewal Plan for the Scott -Six Urban Renewal Area, Amendment No. 1 shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 2nd day of August , 2011. ATTEST: City Nark Approved By .�nnrN t�Ll'c� City Attorney's OMCG 7 as /I Mayor -3- Resolution No. 11 -260 Page 4 it was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey Champion — x Dickens x x Hayek x Mims x Wilburn x Wright wpdata/glossary/resolution -ic. doc Urban Renewal Plan for Scott -Six Urban Renewal Area Amendment No. 1- July 2011 Original -1997 Table of Contents Section 1 - Introduction Section 2 - District Designation Section 3 - Base Value Section 4 - Urban Renewal Plan Objectives Section 5 - Description of Urban Renewal Area Section 6 - Proposed Urban Renewal Activities Section 7 - Conformance with Land Use Policy and Zoning Ordinance Section 8 - Relocation Section 9 - Proposed Projects Section 10 - Financial Data Section 11 - Property Acquisition/Disposition Section 12 - Urban Renewal Plan Amendments Section 13 - Consent to include Agricultural Lane Section 14 - Effective Period Addendum No. 1 - Legal Description Addendum No. 2 - Scott -Six Urban Renewal Project Area Map 2 Section 1: Introduction The original Scott -Six Urban Renewal Plan approximately 152 acres. oSixT e purpose of this was adopted in 1997 and contained pp ximatel Y 152 Amendment No. 1 ( "Amendment ") is to: • add approximately 188 acres of property to the Scott -Six Urban Renewal Area; • confirm and update the objectives and urban renewal activities; • describe additional proposed urban renewal projects; and • make other changes as desired by the City. The primary goal of the Plan, as amended, is to stimulate, through public involvement and commitment, private investment in new industrial development for the original Scott -Six Urban Renewal Area and the Amendment No. I area (collectively "Area" or "Urban Renewal Area "). The Iowa City Comprehensive Plan — 1997 provides a vision for the economic well -being for the residents of Iowa City and outlines the goals the community must strive to achieve in order to attain its economic well -being vision. These goals include: • Increase the amount of land available for industry and commerce to expand and develop; • Increase employment opportunities for the local work force; and • Nurture existing businesses in the city by encouraging their retention and expansion, and by attracting compatible new industries. To help the City of Iowa City ( "City ") achieve these goals, the Comprehensive Plan states that the City may provide financial incentives as a catalyst for private enterprise. The Southeast District Plan, a component of the Comprehensive Plan adopted in 2011, identifies BDI, Scott Six and the recently annexed land to the east of Scott Six (the Amendment No. 1 area) as ideal areas for expansion of Iowa City's industrial base. The District Plan identifies these areas as uniquely suited for industrial activity, as they contain level, well- drained land and are proximate to services, utilities, highways and the Iowa Interstate Railroad. The District Plan refers to the recently annexed land east of Scott Six in particular as an important part of the district's objective to "take steps to make additional land available for future industrial development." The City has concluded it is in the interest of its citizens to encourage the expansion and continued development of the Scott Six industrial park in order to provide land at a price affordable to industrial development. To ensure that the price of land is affordable, the City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary infrastructure improvements within the Area. In addition, the City will make available the use of tax increment financing to provide direct grants, loans, or rebates for qualifying businesses planning to locate in the Area. To achieve the primary objectives of the Plan, as amended, the City of Iowa City shall undertake the urban renewal activities as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15, 15A and 403 of the 2011 Code of Iowa, as amended. 3 Except as in conflict with or modified by this Amendment, the provisions of the original 1997 Plan, as amended, remain in full force and effect. Section 2: District Designation With the adoption of this plan, Iowa City will continue to designate this Urban Renewal Area as an economic development district that is appropriate for industrial development. The Urban Renewal Area does not contain any residential uses. Section 3: Base Value The Original Area will retain its existing base value. The adoption of Amendment No. 1 will have no effect on the tax increment ordinance that has been adopted for the Original urban renewal area. If Amendment No. 1 is adopted and a Tax Increment Ordinance is adopted and made effective by December 31, 2011, the area added as a result of this Amendment No. 1 will have a base value at the January 1, 2010 level. Section 4: Urban Renewal Plan Objectives The overall goal of the Scott -Six Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for industrial development. The following objectives are being continued from the Original Urban Renewal Project Area and expanded for the Area, as amended: • To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; • To encourage the development of start-up firms, the expansion of existing businesses, and the attraction of new industries, especially in the area of renewable energy; • To provide for the orderly physical and economic growth of the city; • To enhance the availability of sites to accommodate the construction of new industrial buildings; • To assist with the provision of infrastructure to enable competitive land prices and lease rates; • To make public improvements as deemed necessary by the City to support new industrial development; • To provide financial incentives and assistance to qualifying businesses; • To achieve a diversified, well - balanced economy providing a desirable standard of living, creating job opportunities, and strengthening the tax base; • To plan for and provide sufficient land for industrial development; • To provide other support as allowed under Iowa Code Chapters 15, 15A and 403. Section 5: Description of Urban Renewal Area El The legal description of this proposed Urban Renewal Plan Area attached hereto as Addendum No. 1- Legal Description. The location and general boundaries of the Scott -Six Urban Renewal Plan Area are shown on Addendum No. 2 - Scott -Six Urban Renewal Area Map. This area is approximately 340 acres. Section 6: Proposed Urban Renewal Activities The following urban renewal activities are being continued from the Original Urban Renewal Project Area and expanded for the Area, as amended, to encourage industrial development throughout the entire Urban Renewal Area. 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. To acquire land and to provide for the construction of specific site improvements such as grading and site preparation activities, access roads and parking, fencing, utility connections, and related activities. 3. To arrange for or cause to be provided the construction or repair of public infrastructure, including but not limited to, streets, water, storm sewer, sanitary sewer, public utilities, sidewalks, street lights, public parks and open spaces, bike trails, landscaping or other related facilities and activities in connection with urban renewal projects. 4. To borrow money and to provide security therefor. 5. To make or have made surveys and plans necessary for the implementation of the Urban Renewal Program or specific urban renewal projects. 6. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear or prepare the property for redevelopment, or to dispose of property. 7. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Iowa City and the State of Iowa. 8. Private Site Improvements: Site improvements may include, but are not limited to, design and construction of buildings, grading for building construction and amenities; adequate paving and parking: adequate landscaping; and on -site utilities. Tax increment financing may be used by qualifying businesses to finance these private site improvements. 9. Public Infrastructure Improvements: Public infrastructure improvements may include, but are not limited to, storm water management facilities, public streets and sidewalks, sanitary sewers, storm sewers, and open space improvements such as wetland mitigation. Public infrastructure improvements shall include electric and rail infrastructure, and improvements to the adjacent portion of 420th Street. Tax increment financing shall be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. 10. Financial Incentives: To meet the objectives of this Urban Renewal Plan Amendment and to encourage private investment in and the development of the Area, the City may determine to provide financial assistance to qualified private businesses through the making of loans, rebates or grants under all applicable provisions of the Iowa Code, including but not limited to Chapter 15 and 15A, and through the use of tax increment financing under Chapter 403 of the Code of Iowa. 5 a. Loan Rebates or Grants. The making of loans or grants of public funds to private businesses within the project area may be deemed necessary or appropriate for economic development purposes and to aid in the planning, undertaking and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code of Iowa. Accordingly, in furtherance of the objectives of this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations or loan agreements for the purpose of making loans or grants of public funds to private businesses located in the Urban Renewal Area. Alternatively, the City may determine to use available funds for making such loans or grants. b. Tax Increment Financing. The City may utilize tax increment financing as a means to help pay for the costs associated with acquisition and the development of the project area, as well as utilizing such financing to achieve a rnore marketable, and competitive land offering price and to provide for necessary physical improvements and infrastructure. General obligation bonds, tax increment revenue bonds, internal loans or such other obligations or loan agreements may be issued by the City, and tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): C. Constructing public improvements, such as streets, sanitary sewers, storm sewers, water mains, utilities, rail or other related facilities. i. Making loans or grants to private businesses, including debt service payments on any bonds or notes issued to finance such loans or grants. ii. Providing the local matching share of state or federal grant and loan programs. iii. Encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining LEED certification. iv. Other authorized urban renewal projects. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. Qualifying businesses shall be determined by the City Council. The Council's determination shall be based upon its economic development policy, which may amended from time to time, as may be necessary in Council's discretion, and on additional performance criteria the Council finds appropriate on a case by case basis. Section 7: Conformance with Land Use Policy and Zoning Ordinance The Amendment is consistent with the Iowa City Comprehensive Plan, adopted in 1997, and the Southeast District plan adopted in 2011. The Comprehensive Plan is the general plan for the development of the City as a whole. m Comprehensive Plan The Urban Renewal Area is located in the area designated by the Iowa City Comprehensive Plan as the Southeast Planning District. The Iowa City Comprehensive Plan designates the Urban Renewal Area as appropriate for industrial uses. Current Zoning The Area is currently zoned I -1, General Industrial Zone, and ID -1, Interim Development Industrial, which is consistent with this Urban Renewal Plan. Current and Proposed Land Uses The Urban Renewal Area is currently used for agricultural and industrial purposes. This Amendment does not in any way replace the City's current land use planning or zoning regulation process. Section 8: Relocation The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal projects; however, if any relocation is necessary, the City will follow all applicable relocation requirements. Section 9: Proposed Projects The initial Proposed Projects in the Area, as amended, may include: a. The installation of infrastructure associated with attracting development, including but not limited to, streets, water, sewer, electric and rail infrastructure, and other public infrastructure improvements to a portion of 420th Street and surrounding area. The need for such improvements is expected to be created by development projects within the Urban Renewal Area. b. Offering financial incentives, including but not limited to, the provision of land, grants, loans or other incentives to entities locating in the Area to build a foundry and related support industries for the renewable energy industry. Section 10: Financial Data I . Constitutional Debt Limit: $ 130,927,980 2. Current general obligation debt: $ 91,565,000 3. Proposed amount of indebtedness to be incurred: Although a specific amount of loans, advances, indebtedness or bonds to be included for projects over time has not yet been determined, it is anticipated that the cost of the proposed projects identified in Section 9 ( "Proposed Projects" above) will be between $55 -65 million, depending on the number and quality of businesses the City is able to attract over time. In no event will debt be incurred that would exceed the City's debt capacity. It is further expected that loans, advances, indebtedness or bonds to be incurred for the Proposed Projects or subsequent projects, including interest on the same, will be financed in whole or in part with tax increment revenues from the Urban Renewal Area. The City Council will consider each request for 7 financial assistance or a project proposal on a case -by -case basis to determine if it is in the City's best interest to participate. Section 11: Property Acquisition/Disposition The City may provide incentives for land acquisition in the Area. The City will follow applicable procedures for the acquisition and disposition of property. Section 12: Urban Renewal Plan Amendments This Urban Renewal Plan may be amended from time to time for a number of reasons, including but not limited to, to change the boundaries, to add or change land use controls or regulations, to modify goals or types of renewal activities or projects, or to amend property acquisition and disposition provisions. If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after following applicable statutory procedures. Section 13: Consent to Include Agricultural Land The Scott Six Urban Renewal Area contains land that is defined as agricultural land by Iowa Code Section 403.17(3). The City is the sole owner of such land and will consider a resolution consenting to its inclusion within the Urban Renewal Area. Section 15: Effective Period This Urban Renewal Plan, as amended, will become effective upon its adoption by the City Council of Iowa City and will remain in effect until it is repealed by the City Council. With respect to any property covered by this Amendment No. 1 which is included in an ordinance which designates that property as a tax increment area, the use of incremental property tax revenues, or the "division of revenue ", as those words are used in Chapter 403 of the Code of Iowa, is limited to twenty (20) years from the calendar year following the calendar year in which the City first certifies to the County Auditor the amount of any grants, loans, advances, indebtedness or bonds which qualify for payment from the incremental property tax revenues attributable to that Amendment No 1 property. However, the use of tax increment financing revenues (including the amount of grants, loans, advances, indebtedness or bonds which qualify for payment for the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Plan shall be limited as deemed appropriate by the Council and consistent with all applicable provisions of law. ADDENDUM No. 1 Legal Description Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOO °03'29 "W, along .the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right -of -Way Line of U.S. High -way No. 6 and the Point of Beginning; Thence continuing NOO °03'29 "W, along said West Line, 404.57 feet, to a point on the Easterly Right -of- Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right -of- Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears N07 °23'39 "E; Thence N00 °03'29 "E, along said Right -of -Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence NOO °1 8'56 "W, along said Right -of -Way Line, 579.87 feet, to a point on the South Right -of -Way of the Heartland Rail Corporation; Thence S62 °09'30 "E, along said South Right -of -Way Line, 749.90 feet; Thence S00 °03'29 "E, 300.25 feet; Thence S11 °43'38 "W, 1240.47 feet; Thence S06 °00'20 "W, 173.94 feet; Thence S02 °29'45 "W, 230.00 feet; Thence S87 °30'15 "E, 266.70 feet; Thence S02 °29'45 "W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears SO1 °12'12 "W; Thence S00 °21'22 "E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89 °38'37 "W, along said South Line, 209.90 feet, to a point on the Northerly Right -of -Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right -of -Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59 °59'08 "W; Thence N60 °50'54 "W, along said Right -of -Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record :_► w Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence NOO °03'29 "W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right -of -Way Line of U.S. High -way No. 6; Thence S60 °50'54 "E, along said Northerly Right -of -Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right -of -Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59 °59'08 "E, to a point on the South Line of said Southwest Quarter; Thence N89 °38'37 "E, along said South Line, 209.90 feet, to the Point of Beginning; Thence NOO °21'22 "W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears N01 °12'12 "E; Thence NO2 °29'45 "E, 861.87 feet; Thence N87 °30'15 "W, 266.70 feet; Thence NO2 °29'45 "E, 230.00 feet; Thence N06 °00'20 "E, 173.94 feet; Thence N1 1 °43'38 "E, 1240.47 feet; Thence NOO °03'29 "W, 300.25 feet, to a point on the Southerly Right -of -Way Line of Heartland Rail Corporation; Thence S62 °09'30 "E, along said Southerly Right -of -Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00 °00'45 "E, along said East Line, 990.27 feet; Thence S89 °38'37 "W, 670.00 feet; Thence S00 °00'45 "E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89 °38'37 "W along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record , WM Amendment No. 1 Area The NW quarter of the NE quarter of Section 30, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa; also including the west 5.32 acres of the NE quarter of the NE quarter of said Section 30; and including all of the NW, NE, and SW quarters of the SE quarter of Section 19, Township 79N, Range 5W of the Fifth Principal Meridian, Johnson County, Iowa, and all of the SE quarter of the SE quarter of said Section 19 lying north of the southern right -of- way boundary of the Iowa Interstate Railroad; thence beginning at the SE corner of Nathaniel's Addition of the County of Johnson County, which is on the centerline of 420th Street, west 40'; thence W295', N338% E295', and S386'; also that portion of land lying south of the Iowa Interstate Railroad to the centerline of 4201h Street between the western boundary of Nathaniel's Addition and the eastern boundary of the SW quarter of the SE quarter of said Section 19. ADDENDUM No. 2 SCOTT -SIX URBAN RENEWAL AREA MAP Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 11 -261 RESOLUTION ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN AMENDMENT #4, WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUISNG AND URBAN DEVELOPMENT. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission (HCDC) made a recommendation to amend the FY11 Annual Action Plan at its meeting on June 16, 2011 to allocate CDBG program income funds to Wetherby Condos South LLC, a rental rehabilitation project; and WHEREAS, the City has disseminated information and received input at the June 16, 2011 HCDC meeting and the August 2, 2011 public hearing on the proposed Amendment #4; and WHEREAS, adoption of the Amended FY11 Annual Action Plan is required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY11 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City's amended FY11 Annual Action Plan, copies of which are on file in the Planning and Community Development Department, are hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY11 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this 2nd day of August , 2011. MAYOR Approved by ATTEST: 2Az4�� ") _6_1T_Y'aLERK City Attorney's Office C1 Resolution No. 11 -261 Page 2 It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X Dickens x Hayek X Mims x Wilburn g Wright wpdata/g I ossa ry/res ol ution- ic.doc 12 r CITY OF IOWA CITY MEMORANDUM Date: July 21, 2011 To: Tom Markus, City Manager From: Jeff Davidson, Director of Planning and Community Development Re: August 2, 2011 City Council Agenda items Introduction On the August 2, 2011 City Council agenda will be two items relating to the Taft Speedway Flood Mitigation Study. Background At the July 5, 2011 City Council meeting, the City Council deferred item 13 to the August 2 meeting. Item 13 was to consider a resolution directing the Mayor to sign an agreement with HDR Inc. to provide engineering consultant services for the Taft Speedway Flood Mitigation Study Project. The item was deferred because the Iowa Department of Economic Development (IDED) asked Iowa City if they could expand the scope of the study to include more measurement of the effects of the proposed flood mitigation measures in the Taft Speedway area on the Parkview Terrace neighborhood. City staff and IDED have agreed on a scope of work for HDR's contract which sufficiently addresses the effects on the Parkview Terrace neighborhood. The language that has been agreed upon is reflected in the agreement that will be on your August 2 agenda for consideration. A fee of $84,550 has been negotiated with HDR. Discussion On the August 2, 2011 City Council agenda are two resolutions relating to the study. The first resolution allows the Mayor to accept the award of Community Development Block Grant Funds for the Taft Speedway Flood Mitigation Study and to execute the agreement. The award amount is $84,550, which is the estimated expense of the study. We do not anticipate additional expenses, but if there are any the City will need to cover those expenses. The second item relating to the Taft Speedway Flood Mitigation Study is the item that was deferred from the July 5th meeting. It awards HDR Inc. the consultant agreement to perform the study. An RFQ was published in the Press - Citizen and Gazette, posted on the City's website, and mailed to 13 consultants in April 2011. The City received five responses to the RFQ. After reviewing the responses and conducting interviews with three consultants, staff recommends contracting with HDR Inc. to conduct the Taft Speedway Flood Mitigation Study. You will note the fee has been changed to the negotiated amount. The first public meeting for the study will be held in August 2011. The study should be completed this fall. Staff will keep the City Council updated on the progress of the study and will schedule a meeting at a work session to discuss the recommendations. Recommendation Staff recommends that Council approve both resolutions on the August 2 agenda regarding the Taft Speedway Flood Mitigation Study. Staff from Planning and Public Works will be present at your August 1 work session to answer any questions. ppdd it /memrraftSpeedway Flood M itigation- 7- 201 1.doc Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232 RESOLUTION NO. 11-969 RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR A STUDY TO IDENTIFY IMPACTS OF AND REVIEW ALTERNATIVES FOR FLOOD PROTECTION ALONG TAFT SPEEDWAY AND TO EXECUTE THE GRANT AGREEMENT. WHEREAS, the City of Iowa City is developing a flood mitigation strategy which may include a levee in the vicinity of Taft Speedway; and WHEREAS, the City of Iowa City prior to qualifying for a grant for the construction of a levee, is required to conduct a flood mitigation study to identify impacts of and review alternatives for flood protection along Taft Speedway; and WHEREAS, the City desires to retain HDR Consultants to perform the Taft Speedway Flood Mitigation Study for an estimated $84,500; and WHEREAS, the Iowa Department of Economic Development has agreed to grant the City $84,550 to assist in the funding of the Taft Speedway Flood Mitigation Study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' IOWA CITY, IOWA, THAT: 1. Acceptance of the Iowa Department of Economic Development CDBG funds for the Taft Speedway Flood Mitigation Study is in the public interest. 2. The Mayor and City Clerk are hereby authorized and directed to execute the grant agreement in a form approved by the City Attorney. Passed and approved this 2nd day of August , 20_1.1__. ATTEST: CIT LERK ppddirlres/taftlevee- study.doc 7.27.11 A14-A,i9 MAYOR Approved by City Attorney's Office 7/,7 /J, Resolution No. 11 -262 Page 2 It was moved by Bailey " and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey x — Champion x Dickens _ x Hayek x Mims x Wilburn X Wright wpdata /glossary/resolution -ic. doc Y'',-'? 13 Prepared by: Jason Reichart, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5416 RESOLUTION NO. 11-263 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 HDR ENGINEERING, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TAFT SPEEDWAY FLOOD MITIGATION STUDY PROJECT. WHEREAS, the City of Iowa City desires to conduct a feasibility study of various flood mitigation alternatives in the Taft Speedway /ldyllwild neighborhood; and WHEREAS, the study will address public concerns and determine the most cost effective, environmentally sound flood mitigation alternative for that area; and WHEREAS, the City desires the services of a consulting firm to provide professional engineering services necessary to conduct the Taft Speedway Flood Mitigation Study; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with HDR Engineering, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with HDR Engineering, Inc.; and WHEREAS, funds for this project are available in the Taft Speedway Levee account #3965. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 2nd day of August 2011 MAYOR ATTEST: 2 OTY -tERK Pweng /res /taftspdwayHoodmit -d es ignagt.doc Approved by City Attorney's Office 7/ .P Resolution No. 11 -26 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: . AYES: NAYS: ABSENT: X Bailey x Champion x Dickens x Hayek x Mims X Wilburn x Wright wpdata /glossaryhesol ution -ic. doc CONSULTANT AGREEMENT Aj THIS AGREEMENT, made and entered into this d '— day of AuGuS-,-- ':�LVIZ , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and HDR Engineering Inc., of Omaha, Nebraska, hereinafter referred to as the Consultant. WHEREAS, the Taft Speedway Neighborhood experienced significant flooding in 2008 inundating Foster Road and preventing access to the Peninsula Area and City water wells;and WHEREAS, the City of Iowa City hired Stanley Consultants to draft a report that would evaluate potential flood protection options for the Taft Speedway and Parkview Terrace Neighborhoods;and WHEREAS, in October of 2010 the CDBG Disaster Recovery Program announced Iowa City was eligible to receive funding to construct the Taft Speedway Levee;and WHEREAS, the residents in Taft Speedway and Parkview Terrace neighborhoods requested further study of the viability of the Taft Speedway Levee and the impacts it would have on their neighborhoods;and WHEREAS, the national HUD Disaster Recovery Office required Iowa City to address the concerns of Taft Speedway and Parkview Terrace residents and provide additional information regarding the effects the Taft Speedway Levee would have on them prior to the receipt of the CDBG funding;and WHEREAS, the City of Iowa City issued a public Request for Qualifications, interviewed three of the five total applicants and chose HDR Engineering Inc. for contract negotiations based on their approach to public engagement and experience on similar projects;and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with HDR Engineering Inc. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES The Consultant shall adhere and follow all the requirements set forth in the Community Development Block Grant (CDBG) guidline, outlined in Exhibit A, attached and incorporated herein. Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Project Management 1. Meetings This task will include coordination between the City and Consultant necessary to develop project milestones and guidelines, review and refine key issues and provide updates on project activities. 2. Data Collection This task provides information necessary to perform the study and includes the compilation and review of existing data that will be used in the study such as site studies and data, mapping information, environmental data, etc. B. Public Engagement 1. Public Meeting Plan and Schedule This task will include the development of materials and logistics necessary for public meetings, as well as define milestones for material production, mailings, and notifications. 2. Media Plan This task will involve planning for the distribution or publication of information regarding study activities, public meetings and findings. 3. Public Meeting 1 This task will involve the production of materials and staff necessary to administrate a public meeting. The initial meeting will provide the public with information on the study purpose, scope and schedule. This meeting will also serve as a public forum to collect input from the public on the project. The Consultant will be responsible for recording all meeting minutes. 4. Public Meeting 2 This task will involve the production of materials and staff necessary to administrate a public meeting. The second public meeting will provide the public with information on the analyses conducted, results and feasible flood mitigation alternatives. Public input will once again be collected at this meeting. The Consultant will be responsible for recording all meeting minutes. C. Environmental and Archeological Review 1. Environmental Review This task will involve database research and review of potential environmental resources in the project vicinity for consideration in evaluating the various flood mitigation alternatives. 2. Archeological Survey This task will involve database research and review of potential archeological resources in the project vicinity for consideration in evaluating the various flood mitigation alternatives. D. Alternative Refinement and Development 1. Alternative Development This task will include the development of initial list of alternatives to be screened based on general feasibility and ability to meet project goals. 2. Workshop 1 This task will involve a Project Team Meeting to review various alternatives and initial screening results. E. Screened Alternative Analyses 1. Analyses Refinement This task will involve further analysis of up to three screened alternatives to allow comparisons with defined screening criteria, feasibility and ability to meet project goals. 2. Workshop 2 This task will involve an additional Project Team meeting to review the analysis of screened alternatives and results of the study. F. Final Report Preparation This task will include the preparation of draft and final documentation of study results and recommendations. G. Coordination with Others This task will include coordination with ongoing hydraulic modeling efforts of the Iowa River and other infrastructure projects in the project vicinity. H. Additional Services Additional Services are unknown at this time. However, during the study if it is determined that additional services are needed (e.g. additional modeling or another public meeting) they can be authorized under a Supplemental Agreement. A detailed scope of services can be found in Attachment 1, attached and incorporated herein. Consultant agrees to perform all services described above and in Attachment, 1 in a timely and satisfactory manner. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the tentative schedule shown. Work will begin within seven days of the execution of this agreement. Public Meeting #1 Workshop #1 Workshop #2 Public Meeting #2 Draft Documentation Final Documentation III. GENERAL TERMS August 24, 2011 September 26, 2011 October 27, 2011 November 16, 2011 December 12, 2011 December 30, 2011 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, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 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. 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 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. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to reasonably and 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 acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and 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. 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. IV. COMPENSATION FOR SERVICES Consultant shall perform the Scope of Services for a fee not to exceed $84,550. A general breakdown of this fee is described in Attachment 2, attached and incorporated herein. 11 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. FOR THE CITY By: &44 A S4 A Title: OA fkZlf d r FOR TH�E-' ONSULTANT 0 Title: S(- y i 2- ple� s % Lll-�-- Date: �-y��9 — 1 1 Date: ATTEST: ✓ /�I c�L?�' pw\fo rms \co nsag mt.frm 6-1- 2,4-41 Approved by: Attachment 1 BACKGROUND AND BASIS OF STUDY The purpose of this effort is to conduct an objective feasibility study of flood mitigation alternatives in the Taft Speedway area in Iowa City, Iowa (City) - generally defined as the left overbank of the Iowa River from the Elks golf course east to Dubuque St. In January 2009, Stanley Consultants developed a report evaluating potential flood protection alternatives for the Idyllwild neighborhood at the 100 -year and 500 -year flood levels per the FEMA Flood Insurance Study (FIS). Using Stanley's report as a starting point, this effort will evaluate the feasibility of various flood mitigation techniques and the overall impact each technique would have on the residents in the vicinity of Taft Speedway. Work will include; soliciting, reviewing, and discussing the environmental impacts of alternatives with the public; environmental and archaeological site studies; evaluating alternatives; and issuing a final report. SCOPE OF SERVICES — Taft Speedway Flood Mitigation Study The scope of work is segmented into seven task series: Task Series 100 — Project Management, Kickoff Meeting and Background Data Review Task Series 200 — Public Engagement Task Series 300 — Environmental Review and Archeological Survey Task Series 400 — Alternative Refinement/Development and Screening Task Series 500 — Screened Alternative Analyses Task Series 600 — Final Report Documentation Task Series 700 — Coordination with Others The HDR Team shall provide the following professional services. TASK 100 — PROJECT MANAGEMENT, KICKOFF MEETING AND BACKGROUND DATA REVIEW Task Objectives: Coordinate work effort, administer contract, conduct kickoff meeting, and assemble background project information. HDR Activities: Task 110 Proiect Management. Conduct general project management tasks. Includes development of project initiation forms including the development of a project guide, monthly invoicing, monthly progress reports, project close out activities and other administration project activities. Task 120 Meetings. Conduct coordination meetings to discuss Project tasks and present findings. A kick -off meeting and six conference call/net meetings are planned. Subtask 120.1 Kick -off Meeting. Conduct a kickoff meeting teleconference where HDR and City staff will review and refine the key issues identified above, the approach to address them, previous study and analyses, and finalize the approach to public engagement. An agenda will be prepared prior to the meeting and meeting minutes prepared after the meeting. Attachment I - Page 1 Taft Speedway Flood Mitigation Alternatives Study Contract r j N City Iowa City Ma AdWl, For of Taft Speedway Flood Mitigation Study CITY OF IOWA CITY Iowa City, IA ENGINEERING SERVICES �� I ONE COMPANY � Many Solutions" Attachment 1 BACKGROUND AND BASIS OF STUDY The purpose of this effort is to conduct an objective feasibility study of flood mitigation alternatives in the Taft Speedway area in Iowa City, Iowa (City) - generally defined as the left overbank of the Iowa River from the Elks golf course east to Dubuque St. In January 2009, Stanley Consultants developed a report evaluating potential flood protection alternatives for the Idyllwild neighborhood at the 100 -year and 500 -year flood levels per the FEMA Flood Insurance Study (FIS). Using Stanley's report as a starting point, this effort will evaluate the feasibility of various flood mitigation techniques and the overall impact each technique would have on the residents in the vicinity of Taft Speedway. Work will include; soliciting, reviewing, and discussing the environmental impacts of alternatives with the public; environmental and archaeological site studies; evaluating alternatives; and issuing a final report. SCOPE OF SERVICES — Taft Speedway Flood Mitigation Study The scope of work is segmented into seven task series: Task Series 100 — Project Management, Kickoff Meeting and Background Data Review Task Series 200 — Public Engagement Task Series 300 — Environmental Review and Archeological Survey Task Series 400 — Alternative Refinement/Development and Screening Task Series 500 — Screened Alternative Analyses Task Series 600 — Final Report Documentation Task Series 700 — Coordination with Others The HDR Team shall provide the following professional services. TASK 100 — PROJECT MANAGEMENT, KICKOFF MEETING AND BACKGROUND DATA REVIEW Task Objectives: Coordinate work effort, administer contract, conduct kickoff meeting, and assemble background project information. HDR Activities: Task 110 Proiect Management. Conduct general project management tasks. Includes development of project initiation forms including the development of a project guide, monthly invoicing, monthly progress reports, project close out activities and other administration project activities. Task 120 Meetings. Conduct coordination meetings to discuss Project tasks and present findings. A kick -off meeting and six conference call/net meetings are planned. Subtask 120.1 Kick -off Meeting. Conduct a kickoff meeting teleconference where HDR and City staff will review and refine the key issues identified above, the approach to address them, previous study and analyses, and finalize the approach to public engagement. An agenda will be prepared prior to the meeting and meeting minutes prepared after the meeting. Attachment I - Page 1 Taft Speedway Flood Mitigation Alternatives Study Contract Task Deliverables: Subtask 120.2 Coordination Conference Calls. Periodic coordination conference calls will be City PM will be conducted to provide updates /coordinate project activities. A total of 3 conference calls are planned. Task 130 Data Collection. This task provides the information necessary to perform the study. All reasonable efforts shall be made to avoid duplication of work by using valid existing information. Subtask 130.1 Gather and Review Existing Data. HDR will collect and review existing data from the City and other identified sources: • 2009 Iowa City Study prepared by Stanley • Iowa River regulatory floodplain model data • GIS shape files • Aerial mapping • Topographic mapping/DEM data • Available geotechnical/geologic data for project area • Parcel data and assessed property values • Project area demographic information • Past correspondence /meeting transcripts Subtask 130.2 Create Base Map. Use topographic mapping and GIS shape file coverages to create base mapping of the project area. Subtask 130.3 Site Reconnaissance. Conduct a site reconnaissance of the study area. Site photographs will be taken. Vehicular traffic will be restricted to public roadways. Identify probable impact areas. Catalog photographs and summarize data collected during the site reconnaissance. • Monthly invoices and progress reports • Meeting agenda and meeting minutes • Base mapping from subtask 130.2 Key Understandings: • Kick -off meeting will be held at the offices of the City • New data collection efforts (topographic survey, subsurface investigation, utility survey, etc.) are not included in this scope of work, but could be added through contract amendment as additional services. TASK 200 - PUBLIC ENGAGEMENT Task Objectives: Facilitate and manage two proposed public meetings HDR Activities: Task 210 Community Coalition Engagement Opportunities. HDR will prepare material to engage community groups identified by the City to engage them in the study process. HDR will prepare content for communication with these groups. The City has compiled a mailing list of residents in the project vicinity, including: - Taft Speedway - Idyllwild - Parkview Church - Parkview Terrace - The Peninsula Neighborhood - Oakmont Estates - Mackinaw Village Attachment 1 - Page 2 Taft Speedway Flood Mitigation Alternatives Study Contract - Louis Condos - Elks Lodge Communication methods include: • Direct mail informational letter • Informational posters (11x17, full- color) • Flyers (8 '/2 x 11, full- color) Task 220 Public Meeting Plan Schedule. HDR will provide a content development and production schedule that includes planning, outreach (media release, advertisement, invitation mailing, web publishing, social media promotion, logistical planning, etc.), and wrap -up activities. This schedule will be updated to reach the needs of each public engagement milestone. Task 230 Public Meeting Tools. Subtask 230.1 Web Content. HDR will provide project information to be published on the City's website by the City, as well as project information to be pushed out on existing City Twitter and Facebook sites, if applicable. Project specific website and social media can be developed as an amendment to this scope. Subtask 230.2 Mailing. Electronic copy of invitation postcards for the public meetings will be provided to City to allow mailing by first class mail two weeks prior to events. Contact mailing lists will be developed by the City that include (see Task 210 for those contacts currently identified): • Local Residents and Landowners • Local Businesses • Local faith -based organizations • Elected Officials • Local governmental officials • Nongovernmental Organizations • Neighborhood or Homeowners Associations • Community gathering places (schools, libraries, community centers) Subtask 230.3 Media Plan. HDR will work with the City to develop a media plan that identifies media outlets, contact information, deadlines, format/specifications, and cost. Task 240 Public Meeting Orientation. Orientation for the first public meeting will be conducted at the kickoff meeting. Orientations for the second and third public meetings will be held in conjunction with the Workshops. Materials will be reviewed. Meeting plan will be discussed to identify meeting protocol, format and team roles. A code of conduct and talking points document will be established for interacting with the public and the press. Task 250 Public Meeting 1. The initial public meeting will provide an overview of the study, approach, objectives and schedule. At this meeting, the public will be encouraged to participate in a facilitated public forum format. A survey will be designed to help gather specific community input on the screening criteria. Subtask 250.1 Meeting Materials. HDR will design and produce tools used in support of meetings, which includes: • One Meeting Handout (11 x 17, full- color) Attachment 1 - rage s Taft Speedway Flood Mitigation Alternatives Study Contract Task Deliverables: • One PowerPoint Presentation • Two Base Maps (30x40, full- color) • Sign -in Sheets • Public Forum Registration Cards • Survey Subtask 250.2 Staffing. HDR will staff the public meeting with project manager, a professional facilitator, a technical lead, and a court reporter. The City will be responsible for all logistical activities which include securing the meeting location and refreshments. Subtask 250.3 Post - Meeting Activities. HDR will provide a meeting summary document, which will include: • Final Meeting Plan • Final Meeting Materials and Outreach • Legal Meeting Transcription • Summary of Survey Findings • Sign -in Sheets Task 270 Public Meeting 2. The second and final public meeting will present a brief summary of the alternative screening and the analyses of screened alternatives. Subtask 270.1 Meeting Materials. HDR will design and produce tools used in support of meetings, which includes: • Meeting Handout (11x17, full- color) • 6 informational Boards (30x40, full- color) • One PowerPoint Presentation • Sign -in Sheets • Comment Forms Subtask 270.2 Staffing. HDR will staff the public meeting with project manager, a professional facilitator, and a technical lead. The City will be responsible for all logistical activities which include securing the meeting location and refreshments. Subtask 270.3 Post - Meeting Activities. HDR will provide a meeting summary document, which will include: • Final Meeting Plan • Final Meeting Materials and Outreach • Comment Forms • Summary of Comments • Sign -in Sheets • Electronic documents of outreach tools o 2 Direct Mail Invitations o 2 Informational Posters o 2 Flyers • Draft and Final Schedule • One Updates • Electronic copies of Public Meeting Tools • Two Web Content and Social Media Updates • Two Invitation Postcards (4.25x5.5, full- color) • Draft and Final Media Plan • 2 Meeting Plans Attachment 1 - rage 4 Taft Speedway Flood Mitigation Alternatives Study Contract • Draft and Final Meeting Materials • 2 Meeting Handouts (11x17, full- color) • 6 Informational Boards (30x40, full- color) • 2 PowerPoint Presentations and Scripts • 2 Base Maps (30x40, full- color) • 2 Sign -in Sheets • 2 Comment Forms • 1 Public Forum Registration Cards • 1 Survey • 2 Public Meeting Summaries • 1 Legal Transcription Key Understandings: • City will develop, provide, and maintain list of community coalition groups and contact list for mailings • HDR will provide final electronic documents for all mailings. • The City will print, pay for postage and distribute all mailings. • City will distribute all media and pay for placements of ads. • HDR will print all meeting materials. • HDR will subcontract with a local Court Reporter for Public Meeting #1. • The City will provide an electronic signature for the identified project representative. TASK 300 - ENVIRONMENTAL AND ARCHEOLOGICAL REVIEW Task Objectives: Perform environmental and archeological reviews. HDR Activities: HDR will complete an Environmental and Archaeological Review. The environmental review will consist of an initial review of environmental resources to determine potential environmental issues affecting development of the proposed alternatives, in accordance with 24 Code of Federal Regulations (CFR) 58. Task 310 Environmental Review. The environmental review will consist of desktop analyses. Subtask 310.1 Database Search. Conduct a desktop analysis of project compliance with statutes, regulations, executive orders and policies cited at 24 CFR 58.5, using the Determination of Level of Review as a guide. The desktop review would include an analysis of the resources listed in 24 CFR 58.5 (specific elements include cultural and historic resources, wetlands and waters of the United States, sole source aquifers, endangered species, wild and scenic rivers, air quality and noise, farmlands, HUD standards, and environmental justice). The environmental review would identify resources where further coordination with Federal and state agencies would be required and determine the possible environmental documentation required to complete the proposed project. Task 320 Archaeological Review. A database search will be conducted and consist of identifying potential historic and archaeological resources in the study area. Subtask 320.1 Database Search. Conduct an archaeological desktop nalysis through database research and coordination with the Iowa Department of Economic Development. This coordination will determine the extent of recent surveys performed for other projects and the need for further surveys. Identified resources from past surveys in the vicinity of the project will be summarized. Attachment 1 - Page 5 Taft Speedway Flood Mitigation Alternatives Study Contract Task 330 Environmental Memorandum. Prepare a memorandum documenting environmental issues for consideration and use in alternative screening and findings of archaeological database search survey. Information from this task will be used to identify `fatal flaws' that prohibit an alternative or will require modification of an alternative. Subtask 330.1 Draft Memorandum. Prepare draft memorandum. Subtask 330.2 Final Memorandum. Incorporate review comments and prepare final memorandum. Task Deliverables: • Draft and Final Environmental Memorandum Key Understandings: • The feasibility study itself is exempt from NEPA review requirements • NEPA document for the project is not included in this initial scope. • HDR personnel involved in the Environmental and Archaeological Review would include four specialists (a human and physical environment specialist, a natural resource specialist, a NEPA specialist, and a cultural resource specialist). • It is assumed that the environmental and archaeological reviews would be completed in approximately one to two months. TASK 400 - ALTERNATIVE REFINEMENT /DEVELOPMENT Task Objectives: Develop list of alternatives HDR Activities: Task 410 List of of Alterntives. Following the first public meeting, HDR will prepare initial list of alternatives based on the review of background data and site constraints, and discussions from the public meeting. Initial list of alternatives will be submitted to City for review. A maximum of 10 alternatives is anticipated in development of the fee estimate. Task 420 Alternative Development and Screening. Following comments on initial list from the City, alternatives will be defined at a conceptual level to allow qualitative comparison of alternatives The primary screening criteria for this effort will be based on fatal flaws, general project feasibility, and ability of project to meet project goals. Task Deliverables: Task 430 Workshop 1. A working meeting (Workshop 1) will be held with City staff to screen alternatives. HDR will prepare tools and information used in support of the workshop, which includes: • One PowerPoint Presentation • Two Base Maps (30x40, full- color) • Meeting Agenda Subtask 430.1 Pre - Workshop Preparation. Prepare a draft of the completed initial draft of the screening results and submitted one week prior to Workshop 1. Subtask 430.2 Workshop 1. Discuss initial screening results. Potential refinements will be identified and discussed. Subtask 430.3 Post - Workshop Activities. HDR will provide a meeting workshop summary, which will include: • Draft and Final Meeting Minutes • Draft and Final alternative screening results Attactunent t - rage o Taft Speedway Flood Mitigation Alternatives Study Contract Intial alternative criteria lists • Draft and Final Workshop Materials • PowerPoint Presentation • 2 Base Maps (30x40, full- color) • 1 Meeting Agenda • Draft and Final Workshop Summary • Draft and Final screening results Key Understandings: • Alternatives will be defined to general conceptual level to allow screening based on general feasibility, fatal flaw analysis, and ability to meet project goals. • HDR will print Workshop Materials. • The City of Iowa City will identify and secure Workshop meeting location, coordinate refreshments and/or meals, identify City participants and send invitations. • Workshop is anticipated to be half day • Fee estimate based on attendance by 3 HDR professionals (project manager and two engineers. TASK 500 SCREENED ALTERNATIVE ANALYSES Task Objectives: Conduct further evaluation of the screened alternatives (maximum of 3 alternatives assumed in scope and fee development) resulting from Task 400. HDR Activities: Task 510 Screened Alternative Analyses. The screened alternative concepts will be refined to allow further evaluation. Alternatives will still be conceptual in detail, but with sufficient definition to allow approximate quantitativecomparisons, where appropriate, to screening criteria developed in conjunction with the City and considering input from Public Meeting 1. Criteria may include elements such as: • Existing infrastructure impacts • Utility impacts • Technical feasibility • Level of flood protection provided • Hydraulic impacts and potential incremental impacts of changes in water surface or flow velocity • ROW constraints and requirements • Social and Environmental Impacts • Floodplain and flood insurance rate impacts • Residence ingress and egress • Coordination/impacts with adjacent infrastructure projects • Costs • Potential impacts affecting property values • Potential funding sources Subtask 510.1. Analyses Refinement. Project components and potential impacts will be refined for the screened alternatives. Cost estimates with contingencies will be developed for each screened alternative. Simple metric for normalizing costibenefit comparison will be developed (i.e. cost/total appraised valuation protected) It is anticipated this effort will involve civil, hydraulic, transportation, economic, geotechnical, and structural technical disciplines. Subtask 510.2 Screening Matrix. Screening matrix will be developed in concert with City staff. Task 520 Workshop 2. A working session (Workshop 2) will be held with City staff where the final screening matrix will be completed and reviewed. Attachment 1 - Page 7 Taft Speedway Flood Mitigation Alternatives Study Contract Subtask 520.1 Pre - Workshop Preparation. Prepare a draft of the completed screening matrix and submitted to City one week prior to Workshop 2. HDR will prepare tools and information used in support of the workshop, which includes: • One PowerPoint Presentation • Three Base Maps (30x40, full- color) • Meeting Agenda Subtask 520.2 Workshop 2. Discuss screened alternative evaluation and screening results, potential refinements /comments, and planning for final public meeting. Subtask 520.3 Post - Workhop Activities. HDR will provide a meeting workshop summary, which will include: • Draft and Final Meeting Minutes • Sign -in Sheet Task Deliverables: Final Workshop Materials • PowerPoint Presentation • 3 Base Maps (30x40, full- color) • Meeting Agenda Draft and Final Workshop Summaries Draft and Final Alternative Screening Matrices Key Understandings: • HDR will print all Workshop Materials. • Hydraulic profile and flooding depth information will be provided by HR Green for the Iowa River for each of the alternatives. • The City of Iowa City will identify and secure Workshop meeting location, coordinate refreshments and/ or meals, identify City participants and send invitations. • Workshop is anticipated to be half -day • Fee estimate based on attendance by 3 HDR professionals (project manager, and two engineers). TASK 600 DOCUMENTATION Task Objectives: Document evaluations and findings of the Taft Speedway flood mitigation study. HDR Activities: Task 610 Report Preparation. Final documentation of the project activities will be prepared and include: environmental technical memorandum, alternative screening evaluation and results technical memorandum, screened alternative evaluation and results technical memorandum, public meeting and public involvement summaries, and supporting technical appendices. Task Deliverables: Subtask 610.1 Draft Report. Prepare draft report. Subtask 610.2 Final Report. Incorporate review comments and prepare final report. • Draft and Final Report Key Understandings: • 2 hard copies and one electronic copy (pdf format) of draft and final report documentation will be provided to City. Attachment 1 - Page 8 Taft Speedway Flood Mitigation Alternatives Study Contract TASK 700 COORDINATION WITH OTHERS Task Objectives: Coordinate Taft Speedway study efforts with adjacent and associated project efforts. HDR Activities: Task 710 Coordination. Flood mitigation and related infrastructure projects are occurring that are associated with the Taft Speedway project. Two primary coordination efforts have been identified. The first is the Dubuque Street improvement project in the immediate vicinity of the project area. The second is the hydraulic modeling of the Iowa River for the greater Iowa City urban corridor. Task Deliverables: Subtask 710.1 Dubuque Street Coordination. Coordination with City staff and City consultant for exchange of project information that includes: • Dubuque Street plan and profile data (existing and proposed, if available) • Environmental data • Topographic data • Geotechnical information • Coordination of public meetings and outreach efforts Subtask 710.2 Hydraulic Modeling Coordination. Direct coordination with HR Green will be required to implement proposed alternatives into the current HEC -RAS model of the Iowa River through the Iowa City urban corridor. This model was developed by HR Green under contract with Iowa City using the most recent LiDAR topographic information available and was calibrated to the 2008 event. This model is considered to be the best available tool and will be used to predict potential impacts on system hydraulics as well as impacts to water surface profiles and potential impacts to adjacent properties, such as the Parkview Terrace neighborhood. Each screened alternative (maximum of 3) will be modeled to determine water surface impacts of the project alternative alone as well as predicted impacts of the project in conjunction with other planned improvements to the Iowa River corridor through the urban Iowa City area. Alternatives will be evaluated using 100 -yr and 500 -yr design flows, as well as the observed 2008 flood peak discharge. • Data requests and responses to requests • Alternative configurations (concepts) in plan view with typical sections for inclusion in the hydraulic model • Correspondence Key Understandings: • Data requests and responses to data requests will be routed through City Project Manager. Attachment 1 - rage Y Taft Speedway Flood Mitigation Alternatives Study Contract c ca V cC 'b 7 q O b0 °o w ld b d a CIO R F y l it f W D g a N WM eq w W N W W M N M K N k W . r4. ' � N D r d N O ;� ... d X ° `° o w 4 k � W > w e °m f x � �* x ayr _ Im £ � � U � N ° T f °a L3:5� �y a LL. 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O a'3��o.nswo. ^ d >> d^ O ai ^'O wo. ewoacwoi� .. o .^. �a3 d a3a 0 N � 0 � e1O o � N 0 a 0 x N h a a ^ � F p H N N a H H a F N a N N f N N N N N c ca V cC 'b 7 q O b0 °o w ld b d a CIO R F o I n m m rn ply - w w 0 r w o F N C _ C M � F w Y � W ' ht T o o g a w w w H e { w U � m UU w w 10 NCM f e ,. _ °asQ a - a a GFF''' HIMw;Q m� Fw MSS TV jai. m m � d } J SO A oil F• a a ' a a# S E> y si'fF o O O K Y a C.N CZ �N3 VQYKK pC Qom d,.. yq�.e3 om�— V`o a' cw Yyj W o W •- � 111 Y m la HIM x N d b0 R N C b ci u w Fi O U b .p d a b 0 0 W b d w F Rix N d b0 R N C b ci u w Fi O U b .p d a b 0 0 W b d w F EXHIBIT A Special Conditions Supplement for all CDBG Contracts and Agreements The City is referred to as "contractor and recipient" below and Consultant as "subcontractor and subrecipient." City and Consultant agree to abide by the following provisions, as applicable: 1) Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. Contracts and subgrants of amounts in excess of $100,000 shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA). Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. 2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 3) Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. 4) Davis -Bacon Act, as amended (40 U.S.C. 276a to 276a -5) When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis- Bacon Act (40 U.S.C. 276a to 276a -5) and as supplemented by Department of Labor regulations (29 CFR part 5, 'Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD. 5) Debarment and Suspension (E.O.s 12549 and 12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension, as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 6) Drug -Free Workplace Requirements The Drug -Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug -free workplaces. Each potential recipient must certify that it will comply with drug -free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. 7) Equal Employment Opportunity Contractor shall comply with E.O. 11246, "Equal Employment Opportunity, as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." During the performance of the contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the municipality setting forth the provisions of the non - discrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the property Owner, advising the labor union of workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 amended as of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or the Secretary of Housing and Urban Development, pursuant thereto, and will permit access to his books, records, and accounts by the property owner, the City, the Secretary of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Contractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally funded constructed contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the property owner may direct as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. In addition to the federal EEO requirements above, Contractor agrees that its employees and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status, or age. `Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 8) Lobbying and Influencing Federal Employees i. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. iii. The Recipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure." 9) Nonsegregated Facilities The federally- assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally - assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. 10) Section 3 of the Housing and Urban Development Act of 1968 Contractor agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135, and to include the following language in all subcontracts executed under this Agreement: a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 11) Women and Minority Owned Business Enterprises Contractor shall use its best efforts to afford minority and women -owned business enterprises (at least fifty - one (5 1) percent owned and controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12) Federal Labor Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secre- tary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social secu- rity number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215- 0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005- 00014 -1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an ap- prenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal. certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their repre- sentatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions ", provides in part: "Whoever, for the purpose of... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. (3) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 13) Access and Maintenance of Records The contractor must maintain all required records for five years after final payments are made and all other pending matters are closed. At any time during normal business hours and as frequently as is deemed necessary, the contractor shall make available to the Iowa Department of Economic Development, the State Auditor, the General Accounting Office, and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this contract and permit these agencies to audit, examine, 10 make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this contract. 14) Civil Rights Provisions As applicable, the Subcontractor agrees to comply with: a. Title VI of the Civil Rights Act of 1964 as amended Title VI, codified at 42 U.S.C. § 2000d, prohibits racial discrimination by recipients of federal funds as follows: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title VIII of the Civil Rights Act of 1968 as amended Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988, which is codified at 42 U.S.C. § 3604, prohibits discriminating against persons in the sale or rent or a dwelling based on disability. Discrimination includes a refusal to make reasonable accommodations in rules and policies, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. c. Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 is codified at 42 USC 5309 and provides that no person shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. d. Americans with Disabilities Act of 1990 as amended The Americans with Disabilities Act of 1990, as amended, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. e. Section 504 of the 1973 Rehabilitation Act The Subcontractor agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Contractor shall provide the Subcontractor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. f. Age Discrimination Act of 1975 This prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. g. Executive Order 11063 This Executive Order signed by President Kennedy "prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds." 15) Prevailing Wage — See insert if applicable. 11 0 CONSULTANT AGREEMENT THIS AGREEMENT, mad and entered into this day o by and between the City of Iowa City, a muni pal corporation, hereinafter referred to as the City and DR Engineering Inc., of Omaha, Nebr ska, hereinafter referred to as the Consultant. WHEREAS, the Taft Speedwa Neighborhood experienced si rnficant flooding in 2008 inundating Foster Road and preventing ac6pss to the Peninsula Area a/ntl City water wells. WHEREAS, the City of Iowa Cit hired Stanley Consult is to draft a report that would evaluate potential flood protection options f \thCDBG e Taft Speedway nd Parkview Terrace Neighborhoods. WHEREAS, in October of 2010 Disa/yLevee. ecovery Program announced Iowa City would receive funding to construcTaft Speedw WHEREAS, the residents in Taft SpE further study of the viability of the Taft neighborhoods. Parkview Terrace neighborhoods requested Levee and the impacts it would have on their WHEREAS, the national HUD Disaster covery Office required Iowa City to address the concerns of Taft Speedway and Parkvi w rrace residents and provide additional information regarding the effects the Taft Speedway Levee ould have on them. WHEREAS, the City of Iowa City is ued a publi Request for Qualifications, interviewed three of the five total applicants and chos DR Engineer g Inc. for contract negotiations based on their approach to public engagement d experience on Ximilar projects. WHEREAS, the City of Iow ity has negotiated an HDR Engineering Inc.; and a NOW THEREFORE, it agreed by and between 1 contract with the Consu ant to provide services as set I. SCOPE OF RVICES The Consultant hall adhere and follow all the requ Development B ck Grant (CDBG) guidline, outlined in herein. for said consulting services with parties hereto that the City does now h herein. nts set forth in the Community Oit A, attached and incorporated Consultant, grees to perform the following services for the City, and to do so in a timely and satisfacto manner. A. Project Management 1. Meetings This task will include coordination between the City ano Consultant necessary to develop project milestones and guidelines, review nd refine key issues and provide updates on project activities. 2. Data Colldction This task rovides information necessary to erform the study and includes the compilatio and review of existing data that ill be used in the study such as site studies an data, mapping information, env' onmental data, etc. B. Public En 1. Public Meeting ypn dule This task will ivel ment of materials and logistics necessary for public meetingsefi milestones for material production, mailings, and notifications. 2. Media Plan This task will iing for the distribution or publication of information regar ding study is meetings and findings. 3. Public Meeting 1 This task will i olve the pro ction of materials and staff necessary to administrate a ublic meeting. Th initial meeting will provide the public with information Yb he study purpose, cope and schedule. This meeting will also serve as a lic forum to collect put from the public on the project. The Consultant e responsible for recor 'ng all meeting minutes. 4. Public Mebtinq 2 This sk will involve the production f materials and staff necessary to admi istrate a public meeting. The second ublic meeting will provide the public wit information on the analyses conducted, results and feasible flood mitigation al rnatives. Public input will once again collected at this meeting. The onsultant will be responsible for recording all a eeting minutes. C. Eyivironmental and Archeological Review 1. Environmental Review This task will involve database research and review of potential environmental resources in the project vicinity for consideration in evaluating the various flood mitigation alternatives. 2. Archeological Survey This task will involve database research and r " iew of potential archeological resources in the project vicinity for consideratio in evaluating the various flood mitigation alternatives. D. Alternatives Refinement and Development 1. AlternatVe Development This task ill include the d/ab of initial list of alternatives to be screened based on ge eral feasibility meet project goals. 2. Workshop 1 This task will invo e a Proeeting to review various alternatives and initial screening res ts. E. Screened Alternative Anal es 1. Analyses Refinement This task will involve fLAheXanalysis of up to three screened alternatives to allow comparisons with def' ed s Bening criteria, feasibility and ability to meet project goals. 2. Workshop 2 This task will in0ve an additional project Team meeting to review the analysis of screened altern tives and results of tlqe study. F. Final Report Preparation This task will i clude the preparation of draft end final documentation of study results and recomm dations. \ G. Coordinatiofi with Others This tMther ill include coordination with ongoing hydr lic modeling efforts of the Iowa River infrastructure projects in the project vici ity. H. Additional Services 4dditional Services are not included in this contract. `If authorized under a Supplemental Agreement, the CONSULTANT shall furnish or obtain from others the following services A detailed scope of services can be found in Attachment 1, attached and incorporated herein. Consultant agrees to perform all services described above and in Attachment, 1 in a timely and satisfactory manner. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Work will begin within seven days of the execution of this agreement. Public Meeting #1 Workshop #1 Workshop #2 Public Meeting #2 Draft Documentation Final Documentation III. GENERAL TERMS A. The Con: agrees to August 19, 2011 September 19, 2011 October 19, 2011 November 19, 2011 December 2, 2011 December 9, 2011 shall not commit any of t t the following practices in To disch rge or refuse to hire religion, s x, national origin, d or sexual o e, ntation. )flowing employment practices and subcontracts. individual because of their race, color, lity, age, marital status, gender identity, 2. To discrimina a against a individual in terms, conditions, or privileges of employment cause o their race, color, religion, sex, national origin, disability, age, arital atus, gender identity, or sexual orientation. B. Should the City terminate s Agreement, the Consultant shall be paid for all work and services performed u o the time of termination. However, such sums shall not be greater than the lu sum" amount listed in Section IV. The City may terminate this Agreem nt up n seven (7) calendar days' written notice to the Consultant. C. T/quired reement s II be binding pon the successors and assigns of the parties h provided at no assignor t shall be without the written consent of all P to said reement. D. Idersto d and agreed that the re ntion of the Consultant by the City for the pe of the Project shall be as a independent contractor and shall be eve, ut the Consultant shall have he right to employ such assistance as r quired for the performance of the roject. E. Ireed by the City that all records and file pertaining to information needed by tnsultant for the project shall be avail le by said City upon reasonable rt to the Consultant. The City agrees to f nish all reasonable assistance in t 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 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 su9h event, the Consultant sha}I -not be liable for the City's use of such documents o other projects. The onsultant agrees to furnish all reports, specifi tions, and drawings, with the seal a professional engineer affixed thereto or uch seal as required by Iowa law. The City rees to tender the Consultant a fees in a timely manner, excepting, however, th t failure of the Consultant to asonably and satisfactorily perform in accordance ith this Agreement shall c stitute grounds for the City to withhold payment of th amount sufficient to pr perly complete the Project in accordance with this Agree nt. K. Should any secti of this Agr ment be found invalid, it is agreed that the remaining portion s II be deem d severable from the invalid portion and continue in full force and effect. L. Original contract drawin s all become the property of the City. The Consultant shall be allowed to keep ylar reproducible copies for the Consultant's own filing use. M. Fees paid for securi appro al of authorities having jurisdiction over the Project will be paid by the Ci y. N. Upon signing this agreement, Co ultant acknowledged that Section 362.5 of the Iowa Code pro ' its a City officer employee from having an interest in a contract with the City, d certifies that no a ployee or officer of the City, which includes members of e City Council and Cit boards and commissions, has an interest, either direc or indirect, in this agreem nt, that does not fall within the exceptions to said statu ry provision enumerated in ection 362.5. O. The Co sultant agrees at all times mater I to this Agreement to have and maintain profe Tonal liability insurance coveri the Consultant's liability for the Con Itant's negligent acts, errors and missions to the City in the sum of $1, 00,000. IV. COMP SATION FOR SERVICES Consultant s all perform the Scope of Services for a fee not to exceed $84,550. A general breakdown f this fee is described in Attachment 2, attached and incorporated herein. 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 /een ies contingent upon or resulting from the execution of this Agreement is the entire Agreement, and that no other monies or considerations have olicited. FOR THE CITY FOR TH�CONSULTANT By: vqx- By:_ Title: Mayor Title: ATTEST: Cit Jerk pw \forms \consag mt.frm Approved by: City Attorney's Office F $I/v-r//f Date For City of Iowa City Taft Speedway Flood Mitigation Study Iowa City, IA ENGINEERING Attachment 1 r Lis N.- .wr ®��� ww% -A&_ CITY OF IOWA CITY ONE COMPANY Many Solutions" The purpose of this effort is conduct an objective feasibility study of flood mitigation alternatives in the Taft Speedway area in Iowa City, Io (City) - generally defined as the left overbank of the Iowa River from the Elks golf course east to Dubuque St. In nu 2009, Stanley Consultants developed a report evaluating potential flood protection alternatives for the Idyll ' d neighborhood at the 100 -year and 500 -year flood levels per the FEMA Flood Insurance Study (FIS). Using Stanley' report as a starting point, this effort will evaluate the feasibility of various flood mitigation techniques and the overall ' pact each technique would have on the residents in the vicinity of Taft Speedway. Work will include; soliciting, eviewing, and discussing the environmental impacts of alternatives with the public; environmental and archaeological site studies; evaluating alternatives; and issuing a final report. - Taft SmeAviv Flood Mitigation The scope of work is segmented into seven task �ries: Task Series 100 -Project Management, Kickoff M ting and Background Data Review Task Series 200 - Public Engagement Task Series 300 - Environmental Review and Archeol ical Survey Task Series 400 - Alternative Refinement/Development nd Screening Task Series 500 - Screened Alternative Analyses Task Series 600 - Final Report Documentation Task Series 700 - Coordination with Others The HDR Team proposes to provide the following professional se vices. TASK 100 - PROJECT MANAGEMENT, KICKOFF MEET G AND BACKGROUND DATA REVIEW Task Objectives: Coordinate work effort, administer contr t, conduct kickoff meeting, and assemble background project information. HDR Activities: Task 110 Project Management. Conduct ge ral project management tasks. Includes development of project initiation forms includin the development of a project guide, ,monthly invoicing, monthly progress reports, pr 'ect close out activities and other administration project activities. Task 120 Meetings. Conduct coordination meetings to iscuss Project tasks and present findings. A kick -off meeting and six conference call/net me tings are planned. Subtask 120.1 Kick -off Meeting. Conduct a kickoff meetm teleconference where HDR and City staff will review and refine the key issues identified ab ve, the approach to address them, previous study and analyses, and fmalize the approach t public engagement. An agenda will be prepared prior to the meeting and meeting m* utes prepared after the meeting. Attachment 1 -Page 1 Taft Speedway Flood Mitigation Alternatives Study Contract Task Deliverables: Subtask 120.2 Coordination Conference Calls. Periodic coordination conference calls will be City PM will be conducted to provide updates /coordinate project activities. A total of 3 conference calls are planned. Task 130 Data Collection. This task provides the information necessary to perform the study. All reasonable efforts shall be made to avoid duplication o work by using valid existing information. Subtask 130.1 Gather and Review Existing Data. HDR will ollect and review existing 'data from the City and other identified sources: • 2009 Iowa City Study prepared by Stanley \OAerial Ia River regulatory floodplain model data shape files mapping ographic mapping/DEM data ilable geotechnical/geologic data or project area el data and assessed property lues ect area demographic info tion correspondence /meeting anscripts Subtask 130.2eate Base Map./flse topographic mapping and GIS shape file coverages to create base ma ping of the pr ect area. Subtask 130.3 Site issance. Conduct a site reconnaissance of the study area. Site photographs wil KZon ken. Vehicular traffic will be restricted to public roadways. Identify probable impaas. Catalog photographs and summarize data collected during the site reconnaissance • M thly invoice and progress reports • eeting agenda an meeting minutes • /Base mapping from Nbtask 130.2 Key Understandings: • Kick -off meeting will be \1d he offices of the City New data collection effographic survey, subsurface investigation, utility survey, etc.) are ned in this scope of work, but could be added through contract ant as additional services. TASK 200 - PUBLIC Task Objectives: / Facilitate and manage two proposed public meetings HDR Activities: Task 210 Community Coalition En a ein O ortunitie . HDR will prepare material to engage community groups identified by the City to engage hem in the study process. HDR will prepare content for communication with these groups. The City has compiled a mailing list of residents in the project vicinity, including: - Taft Speedway - Idyllwild - Parkview Church - Parkview Terrace - The Peninsula Neighborhood - Oakmont Estates - Mackinaw Village Attachment 1- Page 2 Taft Speedway Flood Mitigation Alternatives Study Contract - Louis Condos - Elks Lodge Communication methods include: • Direct mail informational letter • Informational posters (11x17, full- color) • Flyers (8'/2 x 11, full- color) Task 220 Public Meeting Plan Schedule. HDR will provide 0ontent development and pr duction schedule that includes planning, outreach (me to release, advertisement, in 'tation mailing, web publishing, social media promotion ogistical planning, etc.), and wra -up activities. This schedule will be updated to r ch the needs of each public enea ement milestone. Subtask 230.1 eb Content. HDR will pr ide project infonnation to be published on the City's websit by the City, as well as pr sect infonmation to be pushed out on existing City Twitter and F ebook sites, if applica e. Project specific website and social media can be developed as an a endment to this sc e. Subtask 230.2 Mailin Electroni copy of invitation postcards for the public meetings will be provided to CitX ailing by first class mail two weeks prior to events. Contact mailing lists wped by the City that include (see Task 210 for those contacts currently identi • Local ReLandowners • Local Bu• Local fai anizations • Loc 5ygovemmental 0 cials • No governmental Organ' ations • eighborhood or Homeo ers Associations • Community gathering place (schools, libraries, community centers) Subtaskl2iO.3 Media Plan. HDR will wor with the City to develop a media plan that identifijA media outlets, contact information, de lines, format/specifications, and cost. T k 240 Public Meeting Orientation. Orientatio for the first public meeting will be onducted at the kickoff meeting. Orientations f or second and third public meetings will be held in conjunction with the Workshops. Mat ials will be reviewed. Meeting plan will be discussed to identify meeting protocol, fora at and team roles. A code of conduct and talking points document will be established r interacting with the public and the press. Task 250 Public Meeting 1. The initial public meeting will pr vide an overview of the study, approach, objectives and schedule. At this meeting, the pu is will be encouraged to participate in a facilitated public forum fonnat. A survey will be esigned to help gather specific community input on the screening criteria. Subtask 250.1 Meeting Materials. 14DR will design and produce tools usm in support of meetings, which includes: • One Meeting Handout (11x17, full- color) Attachment 1 - Page 3 Taft Speedway Flood Mitigation Alternatives Study Contract Task Delivera • One PowerPoint Presentation • Two Base Maps (30x40, full- color) • Sign -in Sheets • Public Forum Registration Cards • Survey Subtask 250.2 Staffing. 14DR will staff the public meeting )/ith project manager, a professional facilitator, a technical lead, and a court reporter. Tye City will be responsible foy all logistical activities which include securing the meeting cation and refreshments. ;k 250.3 Post - Meeting Activities. HDR will will include: • Final Meeting Plan • Final Meeting Materials and Outrea • Legal Meeting Transcription • ummary of Survey Findings • S n -in Sheets a meeting summary document, Task 270 Public etin 2. The s and and final public meeting will present a brief summary of the alterna 've screenin nd the analyses of screened alternatives. Subtask 270.1 Meeting teri s. HDR will design and produce tools used in support of meetings, which includes: • Meeting Han (11x17, full- color) • 6 informati al B rds (30x40, full- color) • One Pow oint Pre ntation • Sign -in heets • Com ent Forms Subtask 270.2 taffing. HDR will staf the public meeting with project manager, a professional f ilitator, and a technical lead. he City will be responsible for all logistical activities w 'ch include securing the meeting 1 ation and refreshments. ,470.3 Post - Meeting Activities. HDR wi rovide a meeting summary document, ill include: • Final Meeting Plan • Final Meeting Materials and Outreach • Comment Forms • Summary of Comments • Sign -in Sheets • Electronic documents of outreach tools o 2 Direct Mail Invitations 0 2 Informational Posters o 2 Flyers • Draft and Final Schedule • One Updates • Electronic copies of Public Meeting Tools • Two Web Content and Social Media Updates • Two Invitation Postcards (4.25x5.5, full- color) • Draft and Final Media Plan • 2 Meeting Plans Attachment 1 - Page 4 Taft Speedway Flood Mitigation Alternatives Study Contract • Draft and Final Meeting Materials • 2 Meeting Handouts (11x17, full- color) • 6 Informational Boards (30x40, full - color) • 2 PowerPoint Presentations and Scripts • 2 Base Maps (30x40, full- color) • 2 Sign-in Sheets i:TheCi 2 Comment Forms 1 Public Forum Registration Cards 1 Survey 2 Public Meeting Summaries 1 Legal Transcription Key Understandingsll develop, provide, and maintain list o ommunity coalition groups and list for mailings ill provide final electronic docume s for all mailings. ty will print, pay for postage and ' tribute all mailings. ill distribute all media and pay f placements of ads. ill print all meeting materials. ill subcontract with a local urt Reporter for Public Meeting #1. will provide an electroni signature for the identified project representative. TASK 300 - ENVIIt?XNMENTAL AND/ARCHEOLOGICAL REVIEW Task Objectives: Perform environmeXal and archy6logical reviews. HDR Activities: HDR will complete an Env' onmental and Archaeological Review. The environmental review will consist of an ' tial review of environmental resources to determine potential environmental issues aff ' g development of the proposed alternatives, in accordance with 24 Code of Federal egu tions (CFR) 58. Task 310 Environ ental Revie . The environmental review will consist of desktop analyses. /ger�ed 310 Database Search. Condu a desktop analysis of project compliance with r ulations, executive orders an policies cited at 24 CFR 58.5, using the tion of Level of Review as a gu' e. The desktop review would include an of the resources listed in 24 CFR 5 (specific elements include cultural and resources, wetlands and waters of th United States, sole source aquifers, ed species, wild and scenic rivers, a' \stateagencies and noise, farm lands, HUD , and environmental justice). The enviroview would identify resources rther coordination with Federal and would be required and determine the possible environmental documentred to complete the proposed project. Task 320 Archaeological Review. A database search willXle conducted and consist of identifying potential historic and archaeological resources in the udy area. Subtask 320.1 Database Search. Conduct an archaeological d ktop nalysis through database research and coordination with the Iowa Department of Eco omic Development. This coordination will determine the extent of recent surveys performe for other projects and the need for further surveys. Identified resources from past surveys ' the vicinity of the project will be summarized. Attachment 1 - Page 5 Taft Speedway Flood Mitigation Alternatives Study Contract Task Key Understandings: Task 330 Environmental Memorandum. Prepare a memorandum doc Orienting environmental issues for consideration and use in alternative screening and dings of archaeological database search survey. Information from this task will be u d to identify `fatal flaws' that prohibit an alternative or will require modification of an alt ative. Subtask 330.1 Draft Memorandum. Prepare draft memorandum. Subtask 330.2 Final Memorandum. Incorporate review co ents and prepare final memorandum. • Draft and Final Environmental Memorandum • The feasibility study itself is exempt from NYVA review requirements • PA document for the project is not incl ed in this initial scope. • H personnel involved in the Enviro ntal and Archaeological Review would inclu four specialists (a human and p sical environment specialist, a natural resource ecialist, a NEPA specialist and a cultural resource specialist). • It is assum that the environmenta nd archaeological reviews would be completed in approximat one to two mont s. TASK 400 - ALTERNA Task Objectives: Develop list of alternatives PMENT HDR Activities: Task 410 List of of Alter ive . Following the first public meeting, HDR will prepare initial list of alternatives sed on e review of background data and site constraints, and discussions from the pu is meeting. itial list of alternatives will be submitted to City for review. A max 10 alternatives t anticipated in development of the fee estimate. Task 420 Altern ive Develo went and reenin . Following comments on initial list from the City, ltematives will be define t a conceptual level to allow qualitative comparison o alternatives The primary screen' g criteria for this effort will be based on fatal flaws, g6neral project feasibility, and ability Nproject to meet project goals. Deliverables: Task 43 Workshop 1. A working meeting (Works op 1) will be held with City staff to screen ltematives. HDR will prepare tools and in rmation used in support of the work op, which includes: • One PowerPoint Presentation • Two Base Maps (30x40, full- color) • Meeting Agenda Subtask 430.1 Pre - Workshop Preparation. Prepare a draft of the ompleted initial draft of the screening results and submitted one week prior to Workshop 1. Subtask 430.2 Workshop 1. Discuss initial screening results. Potential re ements will be identified and discussed. Subtask 430.3 Post - Workshop Activities. HDR will provide a meeting workshop summary, which will include: • Draft and Final Meeting Minutes • Draft and Final alternative screening results Attachment 1 - Page 6 Taft Speedway Flood Mitigation Alternatives Study Contract Key U Task Objectives: HDR Activities: • Intial alternative criteria lists • Draft and Final Workshop Materials • PowerPoint Presentation • 2 Base Maps (30x40, full - color) • 1 Meeting Agenda • Draft and Final Workshop Summary • Draft and Final screening results • Alternatives will be defined to general conceptual level tc low screening based on general feasibility, fatal flaw analysi/aftematives ity to me project goals. • HDR will print Workshop Materials. • The City of Iowa City will identify aWor op meeting location, coordinate refreshments and/or meal Cit participants and send invitations. • Workshop is anticipated to be half d Fee estimate based on attendance by r essionals (project manager and two engineers. TA 500 SCREENED ALTERNAALYSES Conduct her evaluation of the scrernatives (maximum of 3 alternatives assumed in s pe and fee d evelopment) re m Task 400. refined to allow er evaluation. sufficient defmition allow appr screening criteria deve ed in c Meeting 1. Criteria may' lud ele • Existing infrastructure ' pact • Utility impacts • Technical feasibility • Level of flood pro ction pro • Hydraulic imps sand potent flow velocity • ROW constr ' is and requirer A 1 ses. The screened alternative concepts will be lternatives will still be conceptual in detail, but with ximate quantitativecomparisons, where appropriate, to unction with the City and considering input from Public ments such as: incremental impacts of changes in water surface or • Social and vironmental Impacts • Floodpla' and flood insurance rate im acts • Residen a ingress and egress • Coord' ation/impacts with adjacent infras cture projects • Cos • Po ential impacts affecting property values • otential funding sources S,�ibtask 510.1. Analyses Refinement. Project comp ents and potential impacts will be defined for the screened alternatives. Cost estimates wit contingencies will be developed for each screened alternative. Simple metric for normali ' g cost/benefit comparison will be developed (i.e. cost/total appraised valuation protected) it is anticipated this effort will involve civil, hydraulic, transportation, economic, geotecbn al, and structural technical disciplines. Subtask 510.2 Screening Matrix. Screening matrix will be develo ed in concert with City staff. Task 520 Workshop 2. A working session (Workshop 2) will be hell with City staff where the final screening matrix will be completed and reviewed. Attachment 1- Page 7 Taft Speedway Flood Mitigation Alternatives Study Contract Subtask 520.1 Pre - Workshop Preparation. Prepare a draft of the completed screening matrix and submitted to City one week prior to Workshop 2. HDR will prepare tools an information used in support of the workshop, which includes: • One PowerPoint Presentation • Three Base Maps (30x40, full- color) • Meeting Agenda Subtask 520.2 Workshop 2. Discuss screened alternative evaluation and /ening potential refinements /comments, and planning for final public meeting. 520.3 Post - Workhop Activities. HDR will provide a meeting workshop which will include: • Draft and Final Meeting Minutes • Sign -in Sheet Task Deliverables: Final Wor hop Materials • PowerPoint Presentation • Base Maps (30x40, full- color) • eeting Agenda Draft and Final orkshop Summaries Draft and Final Al mative Screening Matrices Key Understandings: • HDR will print all orkshop Materials. • Hydraulic profile and ooding depth ' ormation will be provided by HR Green for the Iowa River for each f the altern ves. • The City of Iowa City wi identify nd secure Workshop meeting location, coordinate refreshments an or als, identify City participants and send invitations. • Workshop is anticipated to be alf -day • Fee estimate based on atten n by 3 HDR professionals (project manager, and two engineers). TASK 600 D CUMENT TION Task Objectives: Document evaluations a76 findings of the Tai\Speedway flood mitigation study. HDR Activities: Task 610 Re Dort lYreparation. Final docum ntation of the project activities will be prepared and inc de: environmental technic memorandum, alternative screening evaluation and r ults technical memorandum, scr ned altemative evaluation and results technical memo andum, public meeting and public in olvement summaries, and supporting technical app dices. Task Deliverables: Subtask 6A.1 Draft Report. Prepare draft report. Subtas)i610.2 Final Report. Incorporate review comments\ nd prepare final report. Draft and Final Report Key Understandings: • 2 hard copies and one electronic copy (pdf format) of draft and final report documentation will be provided to City. Attachment 1 - Page 8 Taft Speedway Flood Mitigation Alternatives Study Contract TASK 700 COORDINATION WITH OTHERS Task Objectives: Coordinate Taft Speedway study efforts with adjacent and associated project efforts. HDR Activities: Task 710 Coordination. Flood mitigation and related infrastructure projects are occurring that are associated with the Taft Speedway project. Two primary coordination efforts have been identified. The first is the Dubuque Street improvement project in the immediate vicinity of the project area. The second is the hydraulic modeling of the Iowa River for the greater Iowa City urban corridor. Task Deliverables: Subtask 710.1 Dubuque Street Coordination. Coordination with City staff and City consult t f \ or exchange of project information that includes: Dubuque Street plan and profile data (existing and proposed, if available) • \\ Environmental data • Topographic data • Geotechnical information • Coordination of public meetings and outreach efforts Subtask 710.2 Hydraulic Modeling Coordination.' Direct coordination with HR Green will be required to implement proposed alternatives -into the current HEC -RAS model of the Iowa River through the Iowa City urban corridor. /This model was developed by HR Green under contract with Iowa City using the most recent LiDAR topographic information available and was calibrated to the 2008 event. This model is considered to be the best available tool and will be used to predict potential impacts on system hydraulics as well as impacts to water surface profiles and potential impacts to adjacent properties, such as the Parkview Terrace neighborhood. Each /screened alternative (maximum of 3) will be modeled to determine water surface impacts of the project alternative alone as well as predicted irnpacts of the project in conjunction with other planned improvements to the Iowa River corridor through the urb�n Iowa City area. Alternatives will be evaluated using 100 -yr and 500 -yr design flows, a$/vell'as the observed 2008 flood peak discharge. • Data requests and respo ses to requests • Alternative configurat ns (concepts) in plan view with typical sections for inclusion in the hydraulic model • Correspondence Key Understandings: • Data reque is and responses to data requests will be routed through City Project Manager y Attachment 1- Page 9 Taft Speedway Flood Mitigation Alternatives Study Contract d R N C E v R Nm cli rC6 mew �ry ww 0 W " O N yO t N Z In ° � o G ^ �`A a° wMWw w weMSw ^ v TZ �w �w e�qw M �w v N N w N www � y W 0 w Cl C Cl - h O x LU o ° a e a � v m o 0 o m M a ~ O N O O N 4 O ro N m N Z O Q Q � j yy Wa0 x O j w `my a N a LL LL W J u LL u a U % ° W- W m a y N O O Q Q \ U G G W t h � d d u rn o c O N b N O 4� a � a W r5 'o r O K Q W = F W Z t 0 a qE rc O E • .= Y oo P W z C3 f N Zp ~ EE �LL O Z Q Z O OG q O C _ o- L O N o o v EE uj ` o Y a U V ••-' :a q t 2 E U C y C Z w ' O g 0 J Q !� r x 3 0 Y.o` YC�. uq 0i m a Eo°.o °o' c aaa._ oc- ° �°' 5 w m i M >c ... uq ` - > moie w � o .a. 3`o " oY° N W a o �� 0 0 0 ��� o W h NNN eei b NNN n n NNE n ti a or M H °MeMM g a W o e YY d R N C E v R \ k ci ) X\ \ \} §\ }\ CL � ) § §§ } { §; Cq . !a .� #f § • «a ) P4 !� z§0F =oo;;� aU.0 —W �o g ..� ) a - E `! _ . : § | © < -£,!,! Movt §_ f . to 8 - ! - k/! \j � §kk-A01 \ k ci EXHIBIT A Special Conditions Supplem \of r all CDBG Contracts and Agreement The City is referred to as "or and recipient" below and Consultant as "subcontractor d subrecipient." City and Consultant agree ty the following provisions, as applicable: 1) Clean Air Act (42 U.1 et seq.) and the Federal Water Pollution ntrol Act (33 U.S.C. 1251 et seq.), as am Contracts and subgf mounts in excess of $100,000 shall mply with all applicable s tandards, orders or on issued pursuant to the Clean Air Act U.S.C. 7401 et seq.) and the Federal Water PCo rol Act as amended (33 U.S.C. 12 et seq.). Violations shall be reported to HUD and ion Office of the Environmental Prot ction Agency (EPA). Contractors and subcontractors agree: a. That any facility to be used in the erformance of the contra or subcontract or to benefit from the contract is not listed on the Environmenta protection Agency (EP List of Violating Facilities; b. To comply with all the requirements of =w\n of the Clean Ai Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Control Act, ay amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and in . 114 and Section 308 of the Acts, respectively, a c. That, as a condition for the award of this awarding official of the receipt of any comn used for the performance of or benefit from EPA List of Violating Facilities; d. To include or cause to be included in any cons aforementioned criteria and requirements. / ition, as ell as all other requirements specified in Section all oth regulations and guidelines issued thereunder; ,ontr t, the contractor or subcontractor will notify the kig6tion from the EPA indicating that a facility to be W contract is under consideration to be listed on the contract or subcontract which exceeds $100,000 the 2) Contract Work Hours and Safety Sta dards Act ( U.S.C. 327 through 333) Where applicable, all contracts aw rded by recipi \Ape in excess of $2,000 for construction contracts and in excess of $2,500 f other contracts volve the employment of mechanics or laborers shall include a provision r compliance with ions 102 and 107 of the Contract Work Hours and Safety Standards Ac (40 U.S.C. 327 -333supplemented by Department of Labor regulations (29 CFR part 5). der Section 102 of tt, each contractor shall be required to compute the wages of eve mechanic and laborer basis of a standard workweek of 40 hours. Work in excess of he standard workweek r 'ssible provided that the worker is compensated at a rate o not less than 1 1/2 times asic ate of pay for all hours worked in excess of 40 hours in t workweek. Section 107 of tt is plicable to construction work and provides that n/arnsanitary, r or mechanic shall be requirwork surroundings or under working conditions whic hazardous or dangeThese quirements do not apply to the purchases of sur materials or articles ordinariilable o the open market, or contracts for transportatio smission of intelligence. 3) Copeland " nti- Kickback Act (18 U.S.C. 874 and 40 U.S.C. 276c) All contras and subgrants' in excess of $2,000 for construction or re it awarded by recipients and sub cipiein shall comply with the Copeland "Anti- Kickback" t (18 U.S.C. 874), as supple ented by Department of Labor regulations (29 CFR part 3, "Contractors and Sub ntractors on Public Building or Public Work Financed in Whole or in rt by Loans or Grants fro the United States "). The Act provides that each contractor or subrecipi t shall be prohibited /sphall m inducing, by any means, any person employed in the construction, co pletion, or repair of blic work, to give up any part of the compensation to which he is otherwise entitled. The recipient report all suspected or reported violations to HUD. 4) Davis -Bacon Act, as amended (40 U.S.C. 276a to 276a -5) When required by Federal program legislation, all construction c/Department s awarded b he recipients and subrecipients of more than $2,000 shall include a provisicomplianc with the Davis - Bacon Act (40 U.S.C. 276a to 276a -5) and as supplemented brtment o Labor regulations (29 CFR part "Labor Standards Provisions Applicable ttracts overning Federally Financed and A isted Construction "). Under this Act, contractll be equired to pay wages to laborers and echanics at a rate not less than the minia s specified in a wage determination ma e by the Secretary of Labor. In addition, cor shall be required to pay wages not less tha once a week. The recipient shall place a cthe current prevailing wage determination issue y the Department of Labor in each solicnd the award of a contract shall be conditioned u n the acceptance of the wage determinThe recipient shall report all suspected or reported v lations to HUD. 5) Debarment and Suspens n (E.O.s 12549 and 12689) No contract shall be made parties listed on the General ervices Administration's List of Parties Excluded from Federal Pro rement or Nonprocureme Programs in accordance with E.O.s 12549 and 12689, "Debarme and Suspension," as se forth at 24 CFR part 24. This list contains the names of parties debarred, uspended, or othe se excluded by agencies, and contractors declared ineligible under statuto or regulatory aut rity other than E.O. 12549. Contractors with awards that exceed the small purchase threshold all provide the required certification regarding its exclusion status and that of its pri ipal employ es. 6) Drug -Free Workplace Requirements The Drug -Free Workplace Act of 1988 (4 U C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of ing awarded a grant, to certify that they will provide drug -free workplaces. Each potential r ip' nt must certify that it will comply with drug -free workplace requirements in accordance with e Act and with HUD's rules at 24 CFR part 24, subpart F. 7) Equal Employment Opportunity Contractor shall comply with E.0 11246, "Equal E ployment Opportunity," as amended by E.O. 11375, 'Amending Executive rder 11246 Relating o Equal Employment Opportunity," and as supplemented by regulation at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employme t Opportunity, Department Labor." During the performance the contract, the Contractor agree as follows: (a) The Contractor, of discriminate against any employee applicant for employment because of race, color, religion, s or national origin. The Contractor will ke affirmative action to insure that applicants are empl ed and that employees are treated during a loyment, without regard to their race, color, religio , sex or national origin. Such action shall in clu but not be limited to the following: empl ment, upgrading, demotion, or transfer; recruitm t or recruitment advertising; layoff or termi tion rates of pay or other forms of compensation; an selection for training, including apprenticesh' . The Contractor agrees to post in conspicuous places, a ilable to employees and applicants r employment, notices to be provided by the municipality se ing forth the provisions of the non -d' crimination clause. (b) The ontractor will, in all solicitations or advertisements for employees laced by or on behalf of the C tractor, state that all qualified applicants will receive consideration f employment without reg d to race, color, religion, sex or national origin. (c) he Contractor will send to each labor union or representative of workers with which he has a c lective bargaining agreement or other contract or understanding, a notice, to be provided by the roperty Owner, advising the labor union of workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 amended as of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labo , or the Secretary of Housing and Urban Development, pursuant thereto, and will permit access to books, records, and accounts by the property owner, the City, the Secretary of Housing and Ur n Development and the Secretary of Labor for purposes of investigation to ascertain complianc ith such rules, regulatio and orders. (f) In the event of thl ontractor's non - compliance with the non - discrimination clauses o this contract or with any of such ru s, regulations or orders, this contract may be cancelled, termin ed or suspended in whole or i part and the Contractor may be declared ineligible for fur er Government contracts or Federally fu ed constructed contracts in accordance with procedur authorized in Executive Order 11246 of \Contractor mber 24,1965, and such other sanctions may be mposed and remedies involved as provided in Exe Order 11246 of September 24, 1965, or by le, regulations or order of the Secretary of Labor, otherwise provided by law. (g) The Contractor will ina provisions of paragraphs (a) through ) in every subcontract or purchase order unless exe rules, regulations or orders of the S cretary of Labor issued pursuant to Section 204 of uti Order 11246 of September 24, 1 5, so that such provisions will be binding upon each subcctor r vendor. The Contractor wil take such action with respect to any subcontract or purchader as a property owner may dir ct as a means of enforcing such provisions, including sancor non- mpliance; provided, h ever, that, in the event the Contractor becomes invol, or is thr tened with litigatio with a subcontractor or vendor as a result of such direction, thtractor ma equest the Um d States to enter into such litigation to protect the interest of the States. In addition to the federal EEO requirements abo Co tractor agrees that its employees and agents shall not discriminate against any person in eploy nt m or public accommodation because of race, religion, color, creed, gender identity, sex, national in, sexual orientation, mental or physical disability, marital status, or age. "Employment" all i clude but not be limited to hiring, accepting, registering, classifying, promoting, or referring emplo ent. "Public accommodation" shall include but not be limited to providing goods, services acilities, pr ileges and advantages to the public. 8) Lobbying and Influencing Federal Em oyees (1) No Federal appropriated funds sha a paid, by or on beh f of the contractor, to any person for influencing or atte/grant, influe a an officer or employee f any agency, a Member of Congress, an officer yee o ongress, or an employee o Member of Congress in connection with the m an ederal grant and the amendme t or modification of any Federal grant. (2) If any funds other eral appropriated funds have been pai r will be paid to any person for influencing pting to influence an officer or employee any agency, a Member of Congress, an officloyee of Congress, or an employee of a Me ber of Congress in connection with any rant, the contractor shall complete and subm Standard Form -LLL, "Disclosure of Lobby ," in accordance with its instructions. 9)Nonsegregated Facili es The federally -as sted construction contractor certifies that she or he does not aintain or provide, for his employ es, any segregated facilities at any of his establishments and th t she or he does not permit ' employees to perform their services at any location, under hi control, where segregate facilities are maintained. The federally- assisted construction con trac or certifies that she or will not maintain or provide, for his employees, segregated facilities at any of his establi ments and that she or he will not permit his employees to perform their services at any loca ' n under his control where segregated facilities are maintained. The federally assisted co truction contractor agrees that a breach of this certification is a violation of the Equal portunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, 3 transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or na/sub n because of habit, local custom, or any other reason. The federally- assisted constructifor agrees that (except where she or he has obtained identical certifications from proposractors for specific time periods) she or he will obtain identical certifications from propontractors prior to the award of subcontracts exceeding $10,000 which are not exempt fovisions of the Equal O portunity Clause and that she or he will retain such certifications i 10) Section 3 of a Housing and Urban Development Act of 1968 Contractor agreiqs to comply with Section 3 requirements, the regulation set forth in 24 CFR 135, and to include th following language in all subcontracts executed and this fo r A. The work to be rformed under this contract is subject to the r quirements of Section 3 of the Housing and Urb Development Act of 1968, as amended, U.S.C. 1701 u (Section 3). The purpose of Sectio 3 is to ensure that employment d other economic opportunities generated by HUD sistance or HUD - assisted project covered by Section 3 shall, to the greatest extent feasibl be directed to low- and very to - income persons, particularly persons who are recipients of H assistance for housing. B. The parties to this contrac gree to comply with HU s regulations in 24 CFR part 135, which implement Section 3. As e ' enced by their exe ution of this contract, the parties to this contract certify that they are un er no contractual r other impediment that would prevent them from complying with the part 135 gulations. C. The contractor agrees to send to ach labor organization or representative of workers with which the contractor has a collective argai ing agreement or other understanding, if any, a notice advising the labor organizat n or workers' representative of the contractor's commitments under this Section 3 clau , and will post copies of the notice in conspicuous places at the work site where both a pl ees and applicants for training and employment positions can see the notice. The noti sha describe the Section 3 preference, shall set forth minimum number and job titles s ject to ire, availability of apprenticeship and training positions, the qualifications for a ch; and th name and location of the person(s) taking applications for each of the positi ns; and the anti 'pated date the work shall begin. D. The contractor agrees to inc de this Section clause in every subcontract subject to compliance with regulations ' 24 CFR part 135, a d agrees to take appropriate action, as provided in an applicable ovision of the subcontra t or in this Section 3 clause, upon a finding that the subcontr for is in violation of the r ulations in 24 CFR part 135. The contractor will not subc ntract with any subcontractor here the contractor has notice or knowledge that the su ontractor has been found in violati of the regulations in 24 CFR part 135. E. The contractor will c ify that any vacant employment positions, i luding training positions, that are filled (1) after the c tractor is selected but before the contract is exe ted, and (2) with persons other than those to who the regulations of 24 CFR part 135 require employm t opportunities to be directed, were not filled t ircumvent the contractor's obligations under 24 CFR p 35. F. Noncomplianc with HUD's regulations in 24 CFR part 135 may result in s ctions, termination of this contract for fault, and debarment or suspension from future HUD assisted co racts. G. With respe to work performed in connection with Section 3 covered Indian ho ing assistance, section 7(b) oft Indian Self- Determination and Education Assistance Act (25 U.S.C. 45 ) also applies to the work t e performed under this contract. Section 7(b) requires that to the greates extent feasible (i) prefe nce and opportunities for training and employment shall be given to Indians, an ii) preference in the award of contracts and subcontracts shall be given to Indian organizations an Indian-owned onomic Enterprises. Parties to this contract that are subject to the provisions of Section and section (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of ompliance with section 7(b). 11) Women and Minority Owned Business Enterprises Contractor shall use its best efforts to afford minority and women -owned business enterprises (at least fifty -one (51) percent owned and controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12) Federal Labor Provisions Applicability The Proj t or Program to which the construction work covered by this contrac ertains is being assisted b �ihis United States of America and the following Federal Labor S ndards Provisions are include Contract pursuant to the provisions applicable to such F deral assistance. A. 1. (1) Minimum ages. All laborers and mechanics employed or wor ing upon the site of the work will be paid un onditionally and not less often than once a wee and without subsequent deduction or rebate n any account (except such payroll deduc ons as are permitted by regulations issued by t e Secretary of Labor under the Copeland ct (29 CFR Part 3), the full amount of wages and na fide fringe benefits (or cash equiv ents thereof) due at time of payment computed at ra s not less than those contained in he wage determination of the Secretary of Labor which is attached hereto and made part hereof, regardless of any contractual relationship whic ay be alleged to exist betw n the contractor and such laborers and mechanics. Contributions ade or costs reasonably a icipated for bona fide fringe benefits under Section I(b)(2) of the Davi acon Act on behalf o laborers or mechanics are considered wages paid to such laborers or m chanics, subject t the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or c sts incurred f more than a weekly period (but not less often than quarterly) under plans, fund , or progra s, which cover the particular weekly period, are deemed to be constructively made or i curred uring such weekly period. Such laborers and mechanics shall be paid t appropriate wage rate and fringe benefits on the wage determination for the classification of rk actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). L ore or mechanics performing work in more than one classification may be compensated the rat specified for each classification for the time actually worked therein: Provided, Tha he employ 's payroll records accurately set forth the time spent in each classification in w i h work is perf med. The wage determination (including any additional classification and wa rates conformed der 29 CFR 5.5(a)(1)(ii) and the Davis - Bacon poster (WH -1321) shall be osted at all times by t contractor and its subcontractors at the site of the work in a promin nt and accessible, place here it can be easily seen by the workers. (ii) (a) Any class of laborers mechanics which is not listed in tN wage determination and which is to be employeFr er the contract shall be classified in c formance with the wage determination. HUD shprove an additional classification and w e rate and fringe benefits therefore only when the wing criteria have been met: (1) The work to be p rformed by the classification requested is not perfo ed by a classification in the wage deter nation; and (2) The classificaation is utilized in the area by the construction industry; and (3) The pWC sed wage rate, including any bona fide fringe benefits, bears a relations the wage rates contained in the wage determination. (b) If a contractor and the laborers and mechanics to be employed in the classification (if kno n), or their representatives, and HUD or its designee agree on the classification and wage r (including the amount designated for fringe benefits where appropriate), a report of the ction taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classificati n and wage rate (including the amount designated for fringe benefits, where appropriate), Hy6 or its designee shall refer the questions, including the views of all interested parties and thpr recommendation of HUD or its designee, to the Administrator for determination. Th Administrator, or an uthorized representative, will issue a determination within 3 days of receipt and so advise UD or its designee or will notify HUD or its designee wit n the 30 -day period that additional ti a is necessary. (Approved by the Office of Managem t and Budget under OMB Control Num er 12150140.) (d) The wage rate (includin fringe benefits where appropriate) determin9d pursuant to subparagraphs (1)(ii)(b) or (cl of this paragraph, shall be paid to all wor rs performing work in the classification under this c tract from the first day on which work ' performed in the classification. (iii) Whenever the minimum w ge rate prescribed in the co ract for a class of laborers or mechanics includes a fringe ben e 't which is not expressed as n hourly rate, the contractor shall either pay the benefit as stated in he wage determination shall pay another bona fide fringe benefit or an hourly cash equivalent ereof. (iv) If the contractor does not make p ments to a tru ee or other third person, the contractor may consider as part of the wages of ny laborer mechanic the amount of any costs rea- sonably anticipated in providing bona fi fringe nefits under a plan or program, Provided, That the Secretary of Labor has found, on t written request of the contractor, that the applicable standards of the Davis -Bacon Act v been met. The Secretary of Labor may require the contractor to set aside in a separate acco t assets for the meeting of obligations under the plan or program. (Approved by the Office f anagement and Budget under OMB Control Number 1215 - 0140.) 2. Withholding. HUD or its designee all upon it own action or upon written request of an authorized representative of the Depa ent of Labor ithhold or cause to be withheld from the contractor under this contract or any, other Federal co ract with the same prime contractor, or any other Federally- assisted cont ct subject to Davis acon prevailing wage requirements, which is held by the same prime ontractor so much of t accrued payments or advances as may be consid/ee ecessary pay laborers and mecha 'cs, including apprentices, trainees and helpers, ed by the ontractor or any subcontracto the full amount of wages required by the contract even of failure to pay any laborer or me hanic, including any apprentice, trainee or helploye or working on the site of the work, a or part of the wages required by the contrac its designee may, after written notice to the contractor, sponsor, applicant, or ot e such action as may be necessary to ca se the suspension of a ny further paymence, or guarantee of funds until such violations ave ceased. HUD or its designee may, ritten notice to the contractor, disburse such am nts withheld for and on account of the ctor or subcontractor to the respective employees whom they are due. The Comptrollral shall make such disbursements in the case of ect Davis -Bacon Act contracts. /(i)Payr ayr Is and basic records. Payrolls and basic records relati n thereto shall be ed y the contractor during the course of the work preserved for a pe 'od of three years er for all laborers and mechanics working at the site of the work. S h records shall a name, address, and social security number of each such worker, hi or her correct ation, hourly rates of wages paid (including rates of contributions or costs nticipated for e fringe benefits or cash equivalents thereof of the types described in Sec 'on I(b)(2)(B) avis -bacon Act), daily and weekly number of hours worked, deductions mad and actual aid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(i that the f any laborer or mechanic include the amount of any costs reasonably antics ated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and th the plan or program has been communicated in writing to the laborers or mechanics affect , and records which show the costs anticipated or the actual cost incurred in providi such benefits. Contractors employing apprentices or trainees under approved programs s II maintain written evidence of a registration of apprenticeship programs and certification of ainee programs, the registration f the apprentices and trainees, and the ratios and wage tes prescribed in the applicable pr rams. (Approved by the Office of Management and Bu get under OMB Control Numbers 1215 140 and 1215 - 0017.) (ii) (a) The contra or shall submit weekly for each week in which a contract work is performed a copy of all payroll to HUD or its designee if the agency is a pa to the contract, but if the agency is not such a arty, the contractor will submit the payrol to the applicant sponsor, or owner, as the case ma be, for transmission to HUD or its de 'gnee. The payrolls submitted shall set out accurately and c mpletely all of the information requ' ed to be maintained under 29 CFR 5.5(a)(3)(i). This informati n may be submitted in any for desired. Optional Form WH -347 is available for this purpose a d may be purchased from t Superintendent of Documents (Federal Stock Number 029- 05- 00014 -1), U.S. Gover ment Printing Office, Washington, DC 20402. The prime contractor is esponsible for the s mission of copies of payrolls by all subcontractors. (Approved by th Office of Manag ent and Budget under OMB Control Number 1215 - 0149.) (b) Each payroll submitted shall be ac X by a "Statement of Compliance," signed by the contractor or subcontractor or his or ho pays or supervises the payment of the per- sons employed under the contract anfy the following: (1) That the payroll for the payroll per the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that su ion is correct and complete; (2) That each laborer or mechanic (i cluding each elper, apprentice, and trainee) employed on the contract during the payroll peri d has been paid a full weekly wages earned, without re- bate, either directly or indirectly, d that no deductio\en been made either directly or indirectly from the full wages a ned, other than permdeductions as set forth in 29 CFR Part 3; (3) That each laborer or me anic has been paid not an he applicable wage rates and fringe benefits or cash eq valents for the classificatiork rformed, as specified in the applicable wage determi ation incorporated into the ct. (c) The weekly submi ion of a properly executed cen set fo on the reverse side of Optional Form WH -3 7 shall satisfy the requirement fission of a "Statement of Compli- ance" required by s bparagraph A.3.(ii)(b). (d) The falsificati n of any of the above certifications bject the contr for or subcontractor to civil or crimin I prosecution under Section 1001 of and Section 23 of Title 31 of the United States ode. /beco ractor or subcontractor shall make the records required under sub ragraph A.3.(i) e r inspection, copying, or transcription by authorized representatives of HUD or its or the Department of Labor, and shall permit such representatives to interview es during working hours on the job. If the contractor or subcontractor fails t submit the records or to make them available, HUD or its designee may, after written n ice to the or, sponsor, applicant or owner, take such action as may be necessary to c use the ion of any further payment, advance, or guarantee of funds. Furthermore, failure to he required records upon request or to make such records available may be grounds for ent action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined to for the work they performed when they are employed pursuant to and individually register d in a bona fide apprenticeship program registered with the U.S. Department of Labor, E I yment and Training Administration, Office of Apprenticeship Training, Employer and Labor ervices, or with a State Apprenticeship Agency recognized by the Office, or if a person is em yed in his or her first 90 days of probationary employment as an apprentice in such an appr nticeship program, who is not individually registered in the program, but who has been ce fed by the Office of Apprentices ip Training, Employer and Labor Services or a State Appre iceship Agency (where appropriate) o be eligible for probationary employment as an appren ' e. The allowable ratio of apprentices t ourneymen on the job site in any craft classification all not be greater than the ratio permitted X the contractor as to the entire work force under a registered program. Any worker listed on payroll at an apprentice wage rate, who ' not registered or otherwise employed as state above, shall be paid not less than the a licable wage rate on the wage determination for the classification of work actually perfor ed. In addition, any apprentice performing work on th job site in excess of the ratio per itted under the registered program shall be paid not less t n the applicable wage rate on a wage determination for the work actually performed. Wher a contractor is performing co truction on a project in a locality other than that in which its progra is registered, the ratios a d wage rates (expressed in percentages of the journeyman's hourly te) specified in the ontractor's or subcontractor's registered program shall be observed. E ry apprentice must a paid at not less than the rate specified in the registered program for the ap rentice's level progress, expressed as a percentage of the journeymen hourly rate specified i the applic le wage determination. Apprentices shall be paid fringe benefits in accordance 'th the ovisions of the apprenticeship program. If the apprenticeship program does not spe ify fr' ge benefits, apprentices must be paid the full amount of fringe benefits listed on the wa a etermination for the applicable classification. If the Administrator determines that a differ practice prevails for the applicable apprentice classification, fringes shall be paid in ac rda ce with that determination. In the event the Office of Apprenticeship Training, Employer nd La r Services, or a State Apprenticeship Agency recognized by the Office, withdraws pproval o n apprenticeship program, the contractor will no longer be permitted to utilize ap rentices at le than the applicable predetermined rate for the work performed until an accep ble program is a roved. (ii) Trainees. Except as id d in 29 CFR 5.16, train s will not be permitted to work at less than the predetermined rate prov f r the work performed unle they are employed pursuant to and individually registered in a rogram which has received for approval, evidenced by formal certification by the U.S. De artment of Labor, Employment an Training Administration. The ratio of trainees to journeyme on the job site shall not be greate than permitted under the plan approved by the Empl ment and Training Administration. Eve trainee must be paid at not less than the rate s ecified in the approved program for the ainee's level of progress, expressed as a per entage of the journeyman hourly rate specifi in the applicable wage determination. Tra' ees shall be paid fringe benefits in accordance 'th the provisions of the trainee program. f the trainee program does not mention fringe benefit trainees shall be paid the full amount fringe benefits listed on the wage determination unless th Administrator of the Wage and Ho r Division determines that there is an apprenticeship program ssociated with the corresponds journeyman wage rate on the wage determination which provid for less than full fringe ben its for apprentices. Any employee listed on the payroll at a trainee rate who is not registere and participating in a training plan approved by the Employmen and Training Admini ration shall be paid not less than the applicable wage rate on the wage det mination for the w k actually performed. In addition, any trainee performing work on the job site i excess of the r do permitted under the registered program shall be paid not less than the applica le wage rat on the wage determination for the work actually performed. In the event the E ment a d Training Administration withdraws approval of a training program, the contractor 'I no nger be permitted to utilize trainees at less than the applicable predetermined rate for the rk performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the auses contained in subparagraphs 1 through 11 of this paragraph A and such other claus as HUD or its designee ay by appropriate instructions require, and a copy of the applicabl revailing wage decisio , and also a clause requiring the subcontractors to include these auses in any lower tier subc tracts. The prime contractor shall be responsible for the co liance by any subcontractor or I er tier subcontractor with all the contract clauses in this aragraph. 7. Contract termina ' n; debarment. A breach of the contract clauses ' 29 CFR 5.5 may be grounds for termination f the contract and for debarment as a contrac r and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis- con and Related Act Requireme s. All rulings and interpretations of the Davis -Bac n and Related Acts contained in 9 CFR Parts 1, 3, and 5 are herein incorporated by reference i this contract 9. Disputes concerning labor stan rds. Disputes arisin out of the labor standards provisions of this contract shall not be s ect to the gener disputes clause of this contract. Such disputes shall be resolved in accords ce with the ocedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Dispute within t meaning of this clause include disputes between the contractor (or any of its subcontra ors) nd HUD or its designee, the U.S. Department of Labor, or the employees or their r sentatives. 10. (i) Certification of Eligibility. By entering ' to is contract the contractor certifies that neither it (nor he or she) nor any person or fir who h an interest in the contractor's firm is a person or firm ineligible to be awarded Gov nment con cts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or be awarded D contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be bcontracted to any per n or firm ineligible for award of a Government contract by virtue of S tion 3(a) of the Davis -Bac Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or pa 'cipate in HUD programs pursu t to 24 CFR Part 24. (iii) The penalty for making fal statements is prescribed in the U. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Cr' inal Code, Section 1 01 0, Title 18, .S.C., 'Federal Housing Administration transactions" provides in part: "Whoever, for the purpose f ... influencing in any way the action of such A inistration..... makes, utters or publishes any atement knowing the same to be false..... sh be fined not more than $5,000 or imprisoned not ore than two years, or both." 13) 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are ap licable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms 'laborers" and "mechanics" includekwatchmen and guards. (1) Overtime require ents. No contractor or subcontractor contracting for any part of the co tract work which may require or involve a employment of laborers or mechanics shall require or permit any uch laborer or mechanic in any workwee in which he or she is employed on such work to work in exce of 40 hours in such workweek unless such labo r or mechanic receives compensation at a rate not less th one and one -half times the basic rate of pay for II hours worked in excess of 40 hours in such workwe (2) Violation; liability for unpai \ia s; liquidated damages. In the event of a violation of the clause set forth in subparagraph (1) of this ph, the contractor and any subcontractor esponsible therefore shall be liable for the unpaid wages. In asuch contractor and subcontractor sha be liable to the United States (in the case of work done under conthe District of Columbia or a territo to such District or to such territory), for liquidated damages Ii uidated damages shall be comp ed with respect to each individual laborer or mechanic, including wn a d guards, employed in violati n of the clause set forth in sub paragraph (1) of this paragrae su of $10 for each calends day on which such individual was required or permitted to work in of the s ndard workweek of hours without payment of the overtime wages required by the clause se sub par raph (1) of this p ragraph. (3) Withholding for unpaid wages and liquidated amages upon written request of an authorized representati of the withheld, from any moneys payable on account of work erf such contract or any other Federal contract with the s e contract subject to the Contract Work Hours and Saf contractor such sums as may be determined to be cess, subcontractor for unpaid wages and liquidated dama s as pi of this paragraph. D or its designee shall upon its own action or epartment of Labor withhold or cause to be ned by the contractor or subcontractor under any prime contract, or any other Federally- assisted andards Act which is held by the same prime 'U(y to satisfy any liabilities of such contractor or d in the clause set forth in subparagraph (2) (4) Subcontracts. The contractor or subcontract shall insert in an ubcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph nd also a clause requ ing the subcontractors to include these clauses in any lower tier subcontracts. The prjrne contractor shall be re onsible for compliance by any subcontractor or lower tier subcontractor wi the clauses set forth in sub agraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions Q;f this paragraph C are applicable on here the amount of the prime contract exceeds $100,000. � \ (1) No laborer or mechanic shall b required to work in surroundings or under w king conditions which are unsanitary, hazardous, or danger us to his health and safety as determined under onstruction safety and health standards promulgated the Secretary of Labor by regulation. (2) The Contractor shall co ly with all regulations issued by the Secretary of Labor pu uant to Title 29 Part 1926 and failure to comply ay result in imposition of sanctions pursuant to the Contract ork Hours and Safety Standards Act, 40 USC 01 et se . (3) The Contractor sh I include the provisions of this paragraph in every subcontract so that uch provisions will be binding on each bcontractor. The Contractor shall take such action with respect to any s contract as the Secretary of Hous g and Urban Development or the Secretary of Labor shall direct as a means f enforcing such provisions. Civil Rigl$s Provisions As applic §61e, the Subcontractor agrees to comply with: a. Titic( VI of the Civil Riqhts Act of 1 Title VI, codified at 42 U.S.C. § 2000d, prohibits racial discrimination by recipients of federal funds as follows: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title VIII of the Civil Rights Act of 1968 as amended Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988, ich is codified at 42 U.S.C. § 3604, prohibits discriminating against persons in the sale or rent or a dwel ' g based on disability. Discrimina ion includes a refusal to make reasonable accommodations in rules nd policies, when such accommodations may be necessary to afford such person equal opportunity to us nd enjoy a dwelling. Ti of 197A as amended Section 109 is c81l ified at 42 USC 5309 and provides that no person shall the ground of race, color, national origin, religion, or x be excluded from participation in, be denied t benefits of, or be subjected to discrimination under any pro ram or activity funded in whole or in part with CYSG funds. on e. The Americans with Di bilities Act of 1990, as amended prohibits private employers, state and local governments, employmen agencies and labor unions fro discriminating against qualified individuals with disabilities in job applicatio procedures, hiring, firing, a ancement, compensation, job training, and other terms, conditions, and privile es of employment. The A covers employers with 15 or more employees, including state and local gover ents. The Subcontractor agrees to comply ' h all F deral regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (2 U. C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any derally assisted program. The Contractor shall provide the Subcontractor with any guidelines niece s for compliance with that portion of the regulations in force during the term of this Agreement. f. Age Discrimination Act of 1975 This prohibits disc/ned the basis of ag \nr s or activities receiving Federal financial assistance. g. Executive Order 11 This Executive Ordresident Kennediscrimination in the sale, leasing, rental, or other disposition of facilities owned by the federal government or provided with federal funds." 14) Prevailing Wao— See insert if applicable. /-"X' Prepared by: Jason Reichart, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5416 RESOLUTION NO. RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HDR ENGINEERING, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TAFT SPEEDWAY FLOOD MITIGATION STUDY PROJECT. \ / WHEREAS, the City of I a City desires to conduct a feasibility study of various flood itigation alternatives in the Taft Speedway /Idyll d neighborhood; and WHEREAS, the study will ad ess public concerns and determine the most co effective, environmentally sound flood mitigation alternativ for that area; and WHEREAS, the City desires the s VTHITY a consulting firm to provide ofessional engineering services necessary to conduct the Taft Spee d Mitigation Study; and WHEREAS, the City of Iowa City tiated an Agreement r said consulting services with HDR Engineering, Inc., to provide said sed WHEREAS, it is in the public interr into said Cons tant Agreement with HDR Engineering, Inc.; and WHEREAS, funds for this project a i the Ta Speedway Levee account #3965- 434730 fund. NOW, THEREFORE, BE IT RESO TH ITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement content. 2. The Mayor and C=day et Agreement. Passed and approved this of in the public interest, and is approved as to form and authorized "and directed to execute the attached Consultant's MAYOR 20 by ATTEST: _ GL taW AA Me fber CITY CL K City A rney's Office I30 I CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of , , by and between the City of Iowa City, a municipal corpora on, hereinafter referred to as the Cit d HDR Engineering Inc., of Omaha, Nebraska, herein; pr referred to as the Consultant. \ WHEREAS, the Taft Spe way Neighborhood experienced significant flood' g in 2008 inundating Foster Road and prevent in access to the Peninsula Area and City water ells. WHEREAS, the City of Iowa 'ty hired Stanley Consultants to draft report that would evaluate potential flood protection options or the Taft Speedway and Parkvie Terrace Neighborhoods. WHEREAS, in October of 2010 t CDBG Disaster Recove Program announced Iowa City would receive funding to construct th Taft Speedway Lev(e. WHEREAS, the residents in Taft Spe Vd Terrace neighborhoods requested further study of the viability of the Taft S nd the impacts it would have on their neighborhoods. WHERE AS, the national HUD Disaster required Iowa City to address the concerns of Taft Speedway and Parkview ts and provide additional information regarding the effects the Taft Speedway Len them. WHEREAS, the City of Iowa City issued a pyblic Re uest for Qualifications, interviewed three of the five total applicants and chose HDR E ineering 1 c. for contract negotiations based on their approach to public engagement and exper ence on simi r projects. WHEREAS, the City of Iowa City hasp egotiated an Agre�nent for said consulting services with HDR Engineering Inc.; and 1 \ NOW THEREFORE, it is agree by and between the pantie hereto that the City does now contract with the Consultant to ovide services as set forth herei . I. SCOPE OF SERVIC S The Consultant shall here and follow all the requirements set forth in the Community Development Block G nt (CDBG) guidline, outlined in Exhibit A, at ched and incorporated herein. Consultant agree to perform the following services for the City, and to do so in a timely and satisfactory manly er. A. Project Management 1. Meetin This task ill include coordination between the City and Consultant necessary to develop pro' ct milestones and guidelines, review and refine key issues and provide updatigs on project activities. i 2. Data Collection This task provides ' nformation necessary to perform the study and incl es the compilation and revi w of existing data that will be used in the study s as site studies and data, map ing information, environmental data, etc. B. Public Engagement 1. Public Meeting Plan and This task will include the d velopment of /enaand ogistics necessary for public meetings, as well as de ne milestone mated oduction, mailings, and notifications. 2. Media Plan This task will involve planning fo the dislication of information regarding study act ivities, public me tings a 3. Public Meeting 1 This task will involve the produ ids administrate a public meeting. T e in information on the study purpo e, scc serve as a public forum to ollect in Consultant will be responsibl for record 4. Public Meeting 2 of materials and staff necessary to it meeting will provide the public with and schedule. This meeting will also t from the public on the project. The i all meeting minutes. This task will inv a the production o materials and staff necessary to administrate a pu is meeting. The second ublic meeting will provide the public with information on the analyses conducted, results and feasible flood mitigation alternatives. ublic input will once again a collected at this meeting. The Consultant ill be responsible for recording all eeting minutes. C. Environmental and Archeological Review 1. Environmental Review This task will involve database research and review of potential environmental resources in the project vicinity for consideration in evaluating the various flood mitigation alternatives. 2. Archeological Survey This task will involve database research and review of potential archeological resources in the project vicinity for consideration in evaluating the various flood mitigation alternatives. D. Alteri�tive Refinement and Development 1. Altern'a`tive Development This task ill include the development of initial list of /various es to be screened based on ge \resu bility and ability to meet project 2. Workshop 1 This task wa Project Team Meeting to rev alternatives and initial screen. E. Screened Alternative An 1. Analyses Refinement This task will involve further a alysis of up to hree screened alternatives to allow comparisons with defined scre ing criteria feasibility and ability to meet project goals. 2. Workshop 2 This task will involve an additional PrqNct Team meeting to review the analysis of screened alternatives and results of a \and F. Final Report Preparation This task will include the preparati n of draal docu mentation of study results and recommendations. G. Coordination with Others This task will include River and other infra: H. Additional Services Additional Se Supplemental the following 3 kation with ongoing hydrauli modeling efforts of the Iowa re projects in the project vicinit are not included in this contract. [ authorized under a nent. the CONSULTANT shall furnish o obtain from others A detailed scope of servi es can be found in Attachment 1, attached and incor orated herein. Consultant agrees to pe orm all services described above and in Attachment, 1 in timely and satisfactory manner. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Work will begin within seven days of the execution of this agreement. Public Meeting #1 Worksh p #1 Worksh #1 Public Me ting #2 Draft Docu ntation Final Docume tation July 19, 2011 August 19, 2011 August 19, 2011 October 19, 2011 November 2, 2011 November 9, 2011 III. GENERAL TER A. The Consults t shall not commit any of the following ployment practices and agrees to prohi 't the following practices in any subcon acts. 1. To dischar or refuse to hire any individu because of their race, color, religion, sex, ational origin, disability, age marital status, gender identity, or sexual orien tion. 2. To discriminate a inst any individual ' terms, conditions, or privileges of employment be cau a of their race, olor, religion, sex, national origin, disability, age, marita Vreement dentity, or sexual orientation. B. Should the City terminate this e Consultant shall be paid for all work and ser vices performed up to rmination. However, such sums shall not be greater than the "lumt listed in Section IV. The City may terminate this Agreement up calendar days' written notice to the Consultant. C. This Agreement shall be binding pon !M successors and assigns of the parties hereto, provided that no assig ment sh \enden ithout the written consent of all Parties to said Agreement/thperformance D. It is understood ree that the retethe Consultant by the City for the purpose of tht all be as aendent contractor and shall be exclusive, but Itant shall have t to employ such assistance as maybe require for performance of tht. E. It is agreed by hat all records an rtai ing to information needed by the Consultant project shall be e by aid City upon reasonable request to the nt. The City agrernish a reasonable assistance in the use of thes and files. F. It is further Areed that no Party to this Agreement shall pe orm contrary to any state, federkil, or local law or any of the ordinances of the City Iowa City, Iowa. G. At the re uest of the City, the Consultant shall attend meetings ofAhF City Council relative /o the work set forth in this Agreement. Any requests ma tk, y b the City shall b)6 given with reasonable notice to the Consultant to assure atten nce. 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 tq specific projects covered under this Agreement. In such event, the Consultant sh I not be liable for the City's use of such documents on o)?her projects. The C sultant agrees to furnish all reports, specifcatio s, and drawings, with the seal of rofessional engineer affixed thereto or su seal as required by Iowa law. The City agre to tender the Consultant all feo in a timely manner, excepting, however, that fa' ure of the Consultant to reas ably and satisfactorily perform in accordance with t is Agreement shall con stit to grounds for the City to withhold payment of the am nt sufficient to proper) complete the Project in accordance with this Agreement. K. Should any section of Nis Agreemen be found invalid, it is agreed that the remaining portion shall be erred sev rable from the invalid portion and continue in full force and effect. L. Original contract drawings shall eq6me the property of the City. The Consultant shall be allowed to keep mylar re oducible copies for the Consultant's own filing use. M. Fees paid for /ae ing approv of au orities having jurisdiction over the Project will be paid by ity. N. Upon signing treeme , Consultant a nowledged that Section 362.5 of the Iowa Code proa City fficer or employe from having an interest in a contract with the City, artifie that no employee or fficer of the City, which includes members of th Co ncil and City boards an commissions, has an interest, either direct or ct in this agreement, that do not fall within the exceptions to said statutory i enumerated in Section 362. . O. The Consultanes at all times material to this Agr ment to have and maintain professional insurance covering the Con ultant's liability for the Consultant's n nt acts, errors and omissions to he City in the sum of $1,000,000. IV. COMPENSATION OR SERVICES Consultant shall perfor the Scope of Services for a fee not to exceed $84,55 . A general breakdown of this fee i described in Attachment 2, attached and incorporated rein. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the gen rally accepted standards of the Engineering Profession. B. It is fu her agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreemept, that it is the entire Aareemen and that no other monies or considerations *e been solicited. FOR THE CITY FOR TH CONSULTANT By: By: Title: Title: n�fn- Date: 613,11 ATTEST: Approved by: ity Attorney's Office Date pw \forms \oonsag mt.frm For City of Iowa City Taft Speedway Flood Mitigation Study Iowa City, IA ENGINEERING PROPOSAL Attachment 1 The purpose of this effort is to conduct feasibility study of flood mitigation alte Iowa City, Iowa (City). In January 2009, Stanley Consultants developed a report alternatives for the Idyllwild neighborhoo at 100 -year and 500 -year flood if Study (FIS). Using Stanley's report as a s . gheo p int, this effort will evaluate the techniques and the overall impact each tec que would have on the residents o soliciting, reviewing, and discussing the envi onmental impacts of alternative archaeological site studies; evaluating altemativ ; and issuing a final report. The scope of work is segmented into seven task series: + m A CITY OF IOWA CITY ONE COMPANY Many Solutionss" native in the Taft Speedway area in eval ring potential flood protection vel per the FEMA Flood Insurance ie sibility of various flood mitigation aft Speedway. Work will include; with the public; environmental and Task Series 100 —Project Management, Kickoff Meeting nd Back and Data Review Task Series 200 — Public Engagement Task Series 300 — Environmental Review and Archeological y Task Series 400 — Alternative Refinement/Development and Bening Task Series 500 — Screened Alternative Analyses Task Series 600 — Final Report Documentation Task Series 700 — Coordination with Others The HDR Team proposes to provide the following pr fessional service \DB TASK 100 — PROJECT MANAGEMENT, CKOFF MEETINGROUND DATA REVIEW Task Objectives: Coordinate work ffort, administer contkickoff meeting, and assemble background proj t information. HDR Activities: Task 110 Pr sect Mana ement. Condject management tasks. Includes developme of project initiation forms development of a project guide, monthly ' voicing, monthly progress rclose out activities and other adiiiinisVittion project activities. Task 20 Meetings, Conduct coordination meetings to di uss Project tasks and present fincJ'ngs. A kick -off meeting and six conference call/net meeti gs are planned. btask 120.1 Kick -off Meeting. Conduct a kickoff meeting leconference where HDR and City staff will review and refine the key issues identified abov the approach to address them, previous study and analyses, and finalize the approach to ublic engagement. An agenda will be prepared prior to the meeting and meeting minut s prepared after the meeting. Subtask 120.2 Coordination Conference Calls. Periodic coordination conference calls will be City PM will be conducted to provide updates /coordinate project activities. A total of 3 conference calls are planned. Attachment 1 - Page 1 Taft Speedway Flood Mitigation Alternatives Study Contract Task Deliverables: Task 130 Data Collection. This task provides the information necessary to perform the study. All reasonable efforts shall be made to avoid duplication of work by using valid existing information. Subtask 130.1 Gather and Review Existing Data. HDR will collect and review existing data from the City and other identified sources: • 2009 Iowa City Study prepared by Stanley • Iowa River regulatory floodplain model data • GIS shape files • Aerial mapping • T ographic mapping/DEM data • Av Table geotechnical/geologic data for pr ect area • Parc 1 data and assessed property values • Proje area demographic information • Past co espondence /meeting transcript Subtask 130.2 Cr to Base Map. Use topo aphic mapping and GIS shape file coverages to create base map pi of the project area. Subtask 1303 Site R connaissance. onduct a site reconnaissance of the study area. Site photographs will b taken. Vehi ar traffic will be restricted to public roadways. Identify probable impact eas. Cata g photographs and summarize data collected during the site reconnaissance. • Monthly invoic and progress reports • Meeting agend a d meeting minutes • Base mannin ro subtask 130.2 Key Understandings: • Kick -off eeting will e held at the offices of the City • New dat collection eff s (topographic survey, subsurface investigation, utility s ey, etc.) are n t included in this scope of work, but could be added oup-h contract a ndment as additional services. - PUBLIC Task Objectives: Facilitate and Manage three proposed public me-\tings HDR Activities: Task 210 4/ornmunity Coalition En a ement O ortunities. HDR will prepare material to engag community groups identified by the City to engage them in the study process. HDR 1 prepare content for communication with th e groups. Communication methods • Direct mail informational letter • Informational posters (11x17, full- color) • Flyers (8 '/� x 11, full- color) Task 220 Public Meeting Plan Schedule. HDR will provide a content development and production schedule that includes planning, outreach (media release, advertisement, invitation mailing, web publishing, social media promotion, logistical planning, etc.), and wrap -up activities. This schedule will be updated to reach the needs of each public engagement milestone. Attachment 1 - rage z Taft Speedway Flood Mitigation Alternatives Study Contract Task 230 Public Meeting Tools. Subtask 230.1 Web Content. HDR will provide project information to be published on the City's website by the City, as well as project information to be pushed out on existing City Twitter and Facebook sites, if applicable. Project specific website and social media can be developed as an amendment to this scope. Subtask 230.2 Mailing. Electronic copy of invitatiok will be provided to City to allow mailing by first clas Conta t mailing lists will be developed by the City that • Local Residents and Landowners • Local Businesses Local faith -based organizations • Elected Officials • Local governmental officials • ongovernmental Organization ostcards for the public meetings mail two weeks prior to events. • ighborhooa or Homeowners Associations • Co unity gathering places chools, libraries, community centers) Subtask 230.3 Med Plan. HDR will w rk with the City to develop a media plan that identifies media outlet contact informati deadlines, format/specifications, and cost. Task 240 Public Meetin Orientatio . Orientation for the first public meeting will be conducted at the kickoff m ting. Ori tations for the second and third public meetings will be held in conjunction 'th the orkshops. Materials will be reviewed. Meeting plan will be discussed to ident m ting protocol, format and team roles. A code of conduct and talking points docu e t will be established for interacting with the public and the press. Task 250 Public JPorPoint ng 1. T e in ial public meeting will provide an overview of the study, approach, ives an sched e. At this meeting, the public will be encouraged to participate in a tated p blic foru format. A survey will be designed to help gather specific coity i It on the s reening criteria. Subtask 250.1 M terials. HDR 1 design and produce tools used in support of meetings, which is: • Ont' g Handout (11x17, 1- color) • OnrPoint Presentation • Twe Maps (30x40, full- color) • Si heets • Purum Registration Cards • Rn Subtask 250.2 Staffing. HDR will staff the public eeting with project manager, a professional f ilitator, a technical lead, and a court repo er. The City will be responsible for all logisti al activities which include securing the meeti g location and refreshments. Subtask 50.3 Post- Meeting Activities. HDR will provide meeting summary document, which 11 include: • Final Meeting Plan • Final Meeting Materials and Outreach • Legal Meeting Transcription Attachment 1 - Page 3 Taft Speedway Flood Mitigation Alternatives Study Contract Task Deliverables: • Summary of Survey Findings • Sign -in Sheets Task 270 Public Meeting 2. The second and final public meeting will present a brief summary of the alternative screening and the analyses of screened alternatives. Subtask 27 meetings, wh • • I Meeting Materials. HDR will desi h includes: eeting Handout (11x17, full- color) informational Boards (30x40, full -I O e PowerPoint Presentation Si -in Sheets Cotilment Forms / and produce tools used in support of Subtask 270.2 Sta ng. HDR will staff the public meeting with project manager, a professional facilitator, and a technical lead. e City will be responsible for all logistical activities which include ecuring the meeting ocation and refreshments. Subtask 270.3 Post -Mee 'ng Activities. which will include: • Final Meetin Plan • Final Meeting aterial ai • Comment Form • Summary of Co e is • Sign -in Sheets will provide a meeting summary document, Outreach • Electronic documents of o trea h tools 0 2 Dire t Mai Invitations o 2 Inf rmation 1 Posters 0 2 F1 ers • Draft and Final Sched le • One Updat s • Electronic copies o ublic Meeting ools • Two W Content and Soci 1 Media Updates • Two I itation Postcards (4. 5x5.5, full- color) • Draft and Final edia Plan • 2 Meeting Pla s • Draft and Fi 1 Meeting Materials • 2 eeting Handouts (11 x17, full olor) • Informational Boards (30x40, fu 1- color) • 2 PowerPoint Presentations and S 'pts • 2 Base Maps (30x40, full- color) • 2 Sign -in Sheets • 2 Comment Forms • 1 Public Forum Registration Cards • 1 Survey • 2 Public Meeting Summaries • 1 Legal Transcription Key Understandings: / J • City will develop, provide, and maintain list of community coalition groups and contact list for mailings • HDR will provide final electronic documents for all mailings. Attachment 1 - Page 4 Taft Speedway Flood Mitigation Alternatives Study Contract • The City will print, pay for postage and distribute all mailings. • City will distribute all media and pay for placements of ads. • HDR will print all meeting materials. • HDR will subcontract with a local Court Reporter for Public Meeting #1. • The City will provide an electronic signature for the identified project representative. TASK 300 - ENVIRONMENTAL AND Task Objectives: Ni-form environmental and archeological reviews. REVIEW HDR Activities: HD will complete an Environmental and Arc eological Review. The environmental re v- will consist of an initial review of envir mental resources to determine potential enviro ental issues affecting development the proposed alternatives, in accordance with 24 de of Federal Regulations (CFR) 5 . Task 310 E vironmental Review. Th environmental review will consist of desktop analyses. Task Deliverables: Key U Subtask 310.1 Da base Search. C nduct a desktop analysis of project compliance with statutes, regulations, executive or ers and policies cited at 24 CFR 58.5, using the Determination of Le Yi as a guide. The desktop review would include an analysis of the resourc 24 CFR 58.5 (specific elements include cultural and historic resources, wet waters of the United States, sole source aquifers, endangered species, wenic rivers, air quality and noise, farmlands, HUD standards, and environmce). The environmental review would identify resources where further coordinFederal and state agencies would be required and determine the possible ntal documentation required to complete the proposed project. identifying potential hi toric and ard� Subtask 320.1 Da base Search.\\ database research d coordination N This coordination ill determine the and the need for rther surveys. Id the project will e summarized. `fatal Su A database search will be conducted and consist of eological resources in the study area. duct an archaeological desktop nalysis through the Iowa Department of Economic Development. °nt of recent surveys performed for other projects .�d resources from past surveys in the vicinity of nvironmental Memoranda Prepare a memorandum documenting issues for consideration and e in alternative screening and findings of al database search survey. Inform tion from this task will be used to identify that prohibit an alternative or will re ire modification of an alternative. 1 Draft Memorandum. Prepare draft 330.2 Final Memorandum. Incorporate Draft and Final Environmental Memorandum comments and prepare final • The feasibility study itself is exempt from NEPA review requirements Attachment 1 - Page 5 Taft Speedway Flood Mitigation Alternatives Study Contract • NEPA document for the project is not included in this initial scope. • HDR personnel involved in the Environmental and Archaeological Review would include four specialists (a human and physical environment specialist, a natural resource specialist, a NEPA specialist, and a cultural resource specialist). • It is assumed that the environmental and archaeo�Ogical reviews would be completed in approximately one to two months. / 6K 400 - ALTERNATIVE REFINEMENT/DEV /VLOPMENT Task Objectives: D*lop list of alternatives HDR Activities: Task X10 List of of Alterntives. Following he first public meeting, HDR will prepare initial lis of alternatives based on the review of background data and site constraints, and discussion from the public meeting. Initial st of alternatives will be submitted to City for review. A ximum of 10 alternatives is a icipated in development of the fee estimate. Task 420 Alte ative Develop ment an Screenin Following comments on initial list from the City, a ematives will be d coed at a conceptual level to allow qualitative comparison of alte atives The prim screening criteria for this effort will be based on fatal flaws, general p 'ect feasibility, nd ability of project to meet project goals. Task Deliverables: Task 430 Workshop 1. A worko meeting (Workshop 1) will be held with City staff to screen alternatives. HD will _p are tools and information used in support of the workshop, which includes: • One PowerPoi resentation • Two Base Map 30x40, full- color) • Meeting Age Subtask 430.1 Pre -Wor hop Pre aration. Prepare a draft of the completed initial draft of the screening results ai submitted ne week prior to Workshop 1. Subtask 430.2 W/ork p 1. Discuss i ial screening results. Potential refinements will be identified and disSubtask 430.3 orkshop Activities . HDR will provide a meeting workshop summary, which ude: • DFinal Meeting Minutes • D Final alternative Screenin results • Intial alte ative criteria lists • Draft and inal Workshop Materials Yand PowerPoint Presentation 2 Base Maps (30x40, full- color) I Meeting Agenda • Dra Final Workshop Summary • Dra Final screening results Key Understandings: • Al rnatives will be defined to general conceptual level to all w screening based on g eral feasibility, fatal flaw analysis, and ability to meet proje t goals. • DR will print Workshop Materials. • he City of Iowa City will identify and secure Workshop meeting cation, coordinate refreshments and/or meals, identify City participants and send invitations. • Workshop is anticipated to be half day • Fee estimate based on attendance by 3 HDR professionals (project manager and two engineers. Attachment I - Page 6 Taft Speedway Flood Mitigation Alternatives Study Contract Task Objectives: HDR Activities: Task TASK 500 SCREENED ALTERNATIVE ANALYSES Conduct further evaluation of the screened alternatives (maximum of 3 alternatives assumed in scope and fee development) resultin� from Task 400. refin to allow further evaluation. Altei suffici t definition to allow approxima develop in conjunction with the City Criteria m include elements such as:/ • Existin infrastructure impacts • Utility i acts • Technical easibil • Level of pr ectio • Floodplain i ac • ROW constrai s • Social and Envi • Floodplain and fl • Residence ingress • Coordination/imp • Costs • Potential funding Subtask 510.1. refined for the sci for each screened be developed (i.e. involve civil, hy� disciplines. / The screened alternative concepts will be ;s will still be conceptual in detail, but with mtitative comparisons to screening criteria considering input from Public Meeting 1. n provided is (irn= to area and cumulative) and regi ements nmenta Impacts d in ance impacts a d gress act ith adjacent infrastructure projects Subtask 510 Screening Matrix. staff. it. Project components and potential impacts will be Cost estimates with contingencies will be developed metric for normalizing cost/benefit comparison will I valuation protected) It is anticipated this effort will rn, economic, geotechnical, and structural technical matrix will be developed in concert with City Task 520 orksho 2. A working sessio (Workshop 2) will be held with City staff where th final screening matrix will be compl ed and reviewed. Subtas 520.1 Pre - Workshop Preparation. P pare a draft of the completed screening matri and submitted to City one week prior to rkshop 2. HDR will prepare tools and info ation used in support of the workshop, which l cludes: • One PowerPoint Presentation • Three Base Maps (30x40, full- color) • Meeting Agenda , ubtask 520.2 Workshop 2. Discuss screened alternative valuation and screening results, potential refinements /comments, and planning for final pub meeting. Subtask 520.3 Post - Workhop Activities. HDR will pro ide a meeting workshop summary, which will include: • Draft and Final Meeting Minutes • Sign -in Sheet Final Workshop Materials • PowerPoint Presentation Attachment 1 - Page 7 Taft Speedway Flood Mitigation Alternatives Study Contract Key Understandings: • 3 Base Maps (30x40, full- color) • Meeting Agenda Draft and Final Workshop Summaries Draft and Final Alternative Screening Matrices • HDR will print all Workshop Materials. • Hydraulic profile and flooding depth info ation will be provided by HR Green for the Iowa River for each of the alternatives • The City of Iowa City will identify and s ure Workshop meeting location, coordinate refreshments and/ or meals, i entify City participants and send invitations. • Workshop is anticipated to be half -d • Fee estimate based on attendance by HDR professionals (project manager, and two engineers). TASK 600 DOCUMENTATION Task Objectives: Docur%nt evaluations and findings 1-f the Taft Speedway flood mitigation study. HDR Activities: Task 61k Report Pre aratio Final documentation of the project activities will be prepared a d include: envir ental technical memorandum, alternative screening evaluation a results technic 1 memorandum, screened alternative evaluation and results technical mem andum, public meeting and public involvement summaries, and supporting technical appen Task Deliverables: Subtask 610.1 DrI't Rejort. Prepare draft report. Subtask 610.2 Final IVport. Incorporate review comments and prepare final report. • Draft and Key Understandings: • 2 hard co ies and one ectromc copy (pdf format) of draft and final report document ion will be provi d to City. TA 700 COORDINATIO WITH OTHERS Task Objectives: =oordination. Taft Speedway study efforts \thatincl acent and associated project efforts. HDR Activities: Flood mitigatielated infrastructure projects are occurring that re associated with the Taft Speedwt. Two primary coordination efforts have be identified. The first is the Dubut improvement project in the immediate vX inity of the project area. The second iaulic modeling of the Iowa River for the reater Iowa City urban corridor. Subtask 710.1 Dubuque Street Coor. C rdination with City staff and City consultant for exchange of project informt inclu es: Dubuque Street plan ae data (e 'sting a nd proposed, if available) • Environmental data • Topographic data • Geotechnical information • Coordination of public meetings and outreach efforts Attachment 1 - Page 8 Taft Speedway Flood Mitigation Alternatives Study Contract Task Deliverables: Subtask 710.2 Hydraulic Modeling Coordination. Direct coordination with HR Green will be required to implement proposed alternatives into the HEC -RAS model to predict potential impacts on system hydraulics as well' s impacts to water surface profiles and adjacent properties such as Parkview Terrace neiliborhood. • Data requests and responses to requests • Alternative configurations (concepts) in lan view with typical sections for inclusion in the hydraulic model Correspondence Key Understandings: D to requests and responses to ata requests will be routed through City Project Attachment I - Page 9 Taft Speedway Flood Mitigation Alternatives Study Contract V CQ L C O U T b 7 d .� C L d G O .� bL O O Gii T A 3 'O d a F F V R L C O U a, 0 H V C w. d Q C' O .� b0 'D r 'O O _O w T R 3 d a �, F EXHIBIT A Special Conditions Supplement for all CDBG Contracts and Agreements The City is referred to as " ntractor and recipient" below and Consultant as "subcontractor and subrecipient." City and Consultant agree to a ide by the following provisions, as applicable: 1) Clean Air Act (42 U.S.C. 401 et seq.) and the Federal Water P Ilution Control Act (33 U.S.C. 1251 et seq.), as amende . Contracts and subgrants o amounts in excess of $100,00 shall comply with all applicable standards, orders or regulation issued pursuant to the Clean it Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Co rol Act as amended (33 U. C. 1251 et seq.). Violations shall be reported to HUD and the Regiona Office of the Environme al Protection Agency (EPA). Contractors and subcontractors agree: a. That any facility to be used in the p ormance contract is not listed on the Environmental P tection b. To comply with all the requirements of Section 114 f the Section 308 of the Federal Water Pollution Co trol inspection, monitoring, entry, reports, and informa 114 and Section 308 of the Acts, respectively, and 1 c. That, as a condition for the award of this cor awarding official of the receipt of any co uni used for the performance of or benefit fr m the EPA List of Violating Facilities; of th/contract or subcontract or to benefit from the 1ge cy (EPA) List of Violating Facilities; C ean Air Act, as amended, 42 U.S.C. 1857 et seq. and /Act, as amended, 33 U.S.C. 1251 et seq. relating to as well as all other requirements specified in Section ether regulations and guidelines issued thereunder; R ct, the contractor or subcontractor will notify the a 'on from the EPA indicating that a facility to be on act is under consideration to be listed on the d. To include or cause to be included in a construction aforementioned criteria and requirement . or subcontract which exceeds $100,000 the 2) Contract Work Hours and SafeO Standards Act (40 U. C. 327 through 333) Where applicable, all contract awarded by recipients i excess of $2,000 for construction contracts and in excess of $2, 00 for other contracts that env Ive the employment of mechanics or laborers shall include a provi ion for compliance with Section 102 and 107 of the Contract Work Hours and Safety Standar Act (40 U.S.C. 327 -333), as sup lemented by Department of Labor regulations (29 CFR part ). Under Section 102 of the Act, e h contractor shall be required to compute the wages of ery mechanic and laborer on the bas of a standard workweek of 40 hours. Work in exces of the standard workweek is permissi le provided that the worker is compensated at a rat of not less than 1 1/2 times the basic rat of pay for all hours worked in excess of 40 hours i the workweek. Section 107 of the Act is applicable to construction work and provides that no la rer or mechanic shall be required to work in surroundings or under working conditions which a unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of s plies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 3) Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. 4) Davis -Bacon Act, as amended (40 U.S.C. 276a to 276a -5) When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis - Bacon Act (40 U.S.C. 276a to 276a -5) and as supplemented by Department of Labor regulations (29 CFR part 5, 'Labor Standards Provisions Applicable to Contracts Governing Federally Financed and ssisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and echanics at a rate not less than the minimum wages specified in a wage determination ma by the Secretary of Labor. In addition, contracto shall be required to pay wages not less than nce a week. The recipient shall place a copy of a current prevailing wage determination issued b the Department of Labor in each solicitation nd the award of a contract shall be conditioned upo the acceptance of the wage determination. he recipient shall report all suspected or reported viola ' ns to HUD. 5) Debarment and Suspension ( .O.s 12549 and 12689) No contract shall be made to pa s listed on the General Servi s Administration's List of Parties Excluded from Federal Procureme t or Nonprocurement Pr rams in accordance with E.O.s 12549 and 12689, "Debarment and spension," as set forth t 24 CFR part 24. This list contains the names of parties debarred, ,us ed, or otherwise a luded by agencies, and contractors declared ineligible under statutory or regulqtory authority of er than E.O. 12549. Contractors with awards that exceed the small purchase threXhold shall pr ide the required certification regarding its exclusion status and that of its principal em oyees. 6) Drug -Free Workplace Requirements The Drug -Free Workplace Act of 1988 (42 U.S.C. ) requires grantees (including individuals) of federal agencies, as a prior condition of being aw r Xanwith grant, to certify that they will provide drug -free workplaces. Each potential recipient uy that it will comply with drug -free workplace requirements in accordance with th Act HUD's rules at 24 CFR part 24, subpart F. 7) Equal Employment Opportunity Contractor shall comply with E.O. 112YR ual Employment portunity," as amended by E.O. 11375, "Amending Executive Order 1Relating to Equal E loyment Opportunity," and as supplemented by regulations at 41 part 60, "Office o f deral Contract Compliance Programs, Equal Employment Opportu partment of Labor." During the performance of the contra , the Contractor agrees as follows: (a) The Contractor will not discrimi to against any employee or applicant fo employment because of race, color, religion, sex or national rigin. The Contractor will take affirmativ ction to insure that applicants are employed and that mployees are treated during employment, with ut regard to their race, color, religion, sex or natio al origin. Such action shall include, but not be lim' ed to the following: employment, upgra g, demotion, or transfer; recruitment or recruitme advertising; layoff or termination rates of ay or other forms of compensation; and selection for tra' ing, including apprenticeship. The Contra for agrees to post in conspicuous places, available to emplo es and applicants for employmen notices to be provided by the municipality setting forth the pr visions of the non - discrimination cl use. (b) The Contractor will n all solicitations or advertisements for employees placed by or on ehalf of the Contractor, state at all qualified applicants will receive consideration for employment without regard to race, col , religion, sex or national origin. (c) The Contract r will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the property Owner, advising the labor union of workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 amended as of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or the Secretary of Housing and Urban Development, pursuant thereto, and will permit access to his books, records, and accounts by the property owner, the City, the Secretary of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulation and orders. (f) In the event of the tractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, egulations or orders, this contract may be cancelled, terminated or suspended in whole or in pa and the Contractor may be declared ineligible for further Government contracts or Federally funde onstructed contracts in accordance with procedures authorized in Executive Order 11246 of Septe ber 24,1965, and such other sanctions m y be imposed and remedies involved as provided in Executive rder 11246 of September 24,1965, or y rule, regulations or order of the Secretary of Labor, or as oth iise provided by law. (g) The Contractor will include the p visions of paragraphs (a) throu (g) in every subcontract or purchase order unless exempted by rul , regulations or orders of the ecretary of Labor issued pursuant to Section 204 of Executive Or r 11246 of September 24, 965, so that such provisions will be binding upon each subcontractor or ven or. The Contractor w take such action with respect to any subcontract or purchase order as the pr erty owner may d' ect as a means of enforcing such provisions, including sanctions for non - compli ce; provided, owever, that, in the event the Contractor becomes involved in, or is threatene with litigati with a subcontractor or vendor as a result of such direction, the Contractor may requ t the Un' ed States to enter into such litigation to protect the interest of the United States. In addition to the federal EEO requirements above, C tractor agrees that its employees and agents shall not discriminate against any person in employ nt r public accommodation because of race, religion, color, creed, gender identity, sex, national rigin, exual orientation, mental or physical disability, marital status, or age. "Employment" all include but not be limited to hiring, accepting, registering, classifying, promoting, or referring employme . "Public accommodation" shall include but not be limited to providing goods, services acilities, privile es and advantages to the public. 8) Lobbying and Influencing Federal Empty es (1) No Federal appropriated funds shall a id, by or on behal\submit ontractor, to any person for influencing or attempting to influenc an officer or employee gency, a Member of Congress, an officer or employee of C ngress, or an employee ber of Congress in connection with the making of any F eral grant and the amend modification of any Federal grant. (2) If any funds other than Federa appropriated funds have be will be paid to any person for influencing or attempti g to influence an officer or emof ny agency, a Member of Congress, an officer or emplo ee of Congress, or an employem er of Congress in connection with any Federal gr nt, the contractor shall completbmit tandard Form -LLL, "Disclosure of Lobby Activitie , iin ac cordance with its instructio 9)Nonsegregated F/ed The federally- co struction contractor certifies that she or he does not mai tain or provide, for his employ gregated facilities at any of his establishments and that a or he does not permit hiy es to perform their services at any location, under his t rol, where segregated faa maintained. The federally- assisted construction contractor rtifies that she or he wiaintain or provide, for his employees, segregated facilities at y of his establishmenthat she or he will not permit his employees to perform their service at any location undeontrol where segregated facilities are maintained. The federally assisted construction tor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, 3 transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally - assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific ti a periods) she or he will obtain identical certifications from proposed subcontractors prior tot irward of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal O�qortunity Clause and that she or he will retain such certifications in his files. 10) Section 3 of the ousing and Urban Development Act of 1968 Contractor agreesN comply with Section 3 requirements, the reg and to include the fo wing language in all subcontracts executed A. lei ED E. F1 1 The work to be perfo ed under this contract Housing and Urban De elopment Act of 196 purpose of Section 3 to ensure that generated by HUD assist ce or HUD -assi greatest extent feasible, be ' ected to low - who are recipients of HUD asst tance for ho The parties to this contract agre to comply implement Section 3. As eviden d by th contract certify that they are under n contra from complying with the part 135 regul ions. The contractor agrees to send to each ab which the contractor has a collective bar i notice advising the labor organization commitments under this Section 3 clause, places at the work site where both employ positions can see the notice. The notice shal minimum number and job titles subject to positions, the qualifications for each; and applications for each of the positions; and t The contractor agrees to include this e compliance with regulations in 24 CFR a provided in an applicable provision of he finding that the subcontractor is in v olati contractor will not subcontract with ny s knowledge that the subcontractor ha been 135. The contractor will certify that any v cant empl filled (1) after the contractor is sele ed but bef than those to whom the regulations f 24 CFR pa were not filled to circumvent the c ntractor's obli Noncompliance with HUD's re ations in 24 C contract for default, and debarm t or suspension With respect to work performe in connection w 7(b) of the Indian Self -bete nation and Educa work to be performed under is contract. Secti preference and opportunities or training and em the award of contracts subcontracts shall Economic Enterprises. P ies to this contract th 7(b) agree to comply wi Section 3 to the maxi with section 7(b). is supiect to the 8, as amended, employment a sted projects and very low -i using. s set forth in 24 CFR 135, this Agreement: :quirements of Section 3 of the U.S.C. 1701 u (Section 3). The other economic opportunities red by Section 3 shall, to the e persons, particularly persons with HUD's r gulations in 24 CFR part 135, which the executio of this contract, the parties to this ctual or of r impediment that would prevent them or orga ation or representative of workers with Wing a eement or other understanding, if any, a w ers' representative of the contractor's I ill post copies of the notice in conspicuous ee and applicants for training and employment I d s ibe the Section 3 preference, shall set forth ire, vailability of apprenticeship and training he na and location of the person(s) taking anticipate date the work shall begin. ction 3 cla a in every subcontract subject to rt 135, and ag es to take appropriate action, as subcontract or this Section 3 clause, upon a on of the regulat ns in 24 CFR part 135. The ubcontractor where the contractor has notice or found in violation of t regulations in 24 CFR part oyment positions, includin training positions, that are ore the contract is executed, d (2) with persons other rt 135 require employment op ortunities to be directed, gations under 24 CFR part 135. FR part 135 may result in sanctio s, termination of this from future HUD assisted contrac . ith Section 3 covered Indian housin assistance, section tion Assistance Act (25 U.S.C. 450e) so applies to the on 7(b) requires that to the greatest a ent feasible (i) ployment shall be given to Indians, and (i preference in be given to Indian organizations and dian -owned at are subject to the provisions of Section 3 and section mum extent feasible, but not in derogation of compliance 11) Women and Minority Owned Business Enterprises 4 Contractor shall use its best efforts to afford minority and women -owned business enterprises (at least fifty -one (51) percent owned and controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12) Federal Laoor Provisions Applicability The Project or Pr ram to which the construction work covered by this contract pertains is being assisted by the Uni d States of America and the following Federal Labor Standards Provisions are included in this C ntract pursuant to the provisions applicable t such Federal assistance. A. 1. (i) Minimum Wag . All laborers and mechanics employed r working upon the site of the work will be paid uncondi .onally and not less often than once a eek, and without subsequent deduction or rebate on a account (except such payroll d uctions as are permitted by regulations issued by the Se retary of Labor under the Copela d Act (29 CFR Part 3), the full amount of wages and bona a fringe benefits (or cash eq valents thereof) due at time of payment computed at rates no less than those contained ' the wage determination of the Secretary of Labor which is at ched hereto and made part hereof, regardless of any contractual relationship which may a alleged to exist betw en the contractor and such laborers and mechanics. Contributions made r costs reasonably a ticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Ba n Act on behalf o laborers or mechanics are considered wages paid to such laborers or mecha ics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, o rogram , which cover the particular weekly period, are deemed to be constructively made or inc red d ring such weekly period. Such laborers and mechanics shall be paid the ropriate wage rate and fringe benefits on the wage determination for the classification of w k actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Labo r or mechanics performing work in more than one classification may be compensated at th rate pecified for each classification for the time actually worked therein: Provided, That the mploye 's payroll records accurately set forth the time spent in each classification in which rk is perfo ed. The wage determination (including any additional classification and wage rat conformed u der 29 CFR 5.5(a)(1)(ii) and the Davis - Bacon poster (WH -1321) shall be poste at all times by t contractor and its subcontractors at the site of the work in a prominent an accessible, place\�vhere it can be easily seen by the workers. (ii) (a) Any class of laborers or mech nics which is not listed in t e wage determination and which is to be employed under the ontract shall be classified in c nformance with the wage determination. HUD shall approve an additional classification and age rate and fringe benefits therefore only when the following riteria have been met: (1) The work to be performed blithe classification requested is not perfomed by a classification in the wage determination; an (2) The classification is utiliz�d in the area by the construction industry; and (3) The proposed wage r�te , including any bona fide fringe benefits, bears a re sonable relationship to the wage r s co ntained in the wage determination. (b) If the contractor and he laborers and mechanics to be employed in the classification (if known), or their repres ntatives, and HUD or its designee agree on the classification and wage rate (including the a unt designated for fringe benefits where appropriate), a report of the action taken shall b sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrato , or an authorized representative, will issue a determination within 30 days of receipt ands advise HUD or its designee or will notify HUD or its designee within the 30 -day period that add 'onal time is necessary. (Approved by the Office of Management and Budget under OMB Con I Number 12150140.) (d) The wage rate ( cluding fringe benefits where appropriat determined pursuant to subparagraphs (1)(ii) ) or (c) of this paragraph, shall be pai to all workers performing work in the classification unde his contract from the first day on w ch work is performed in the classification. (iii) Whenever the minim wage rate prescribed in he contract for a class of laborers or mechanics includes a fringe enefit which is not expre ed as an hourly rate, the contractor shall either pay the benefit as state in the wage determin tion or shall pay another bona fide fringe benefit or an hourly cash equiva nt thereof. (iv) If the contractor does not ma payments to trustee or other third person, the contractor may consider as part of the wages of any labor r or mechanic the amount of any costs rea- sonably anticipated in providing bon fide fring benefits under a plan or program, Provided, That the Secretary of Labor has foun upo the written request of the contractor, that the applicable standards of the Davis -Bacon ct h ve been met. The Secretary of Labor may require the contractor to set aside in a separate a nt assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0140.) 2. Withholding. HUD or its designee s all up its own action or upon written request of an authorized representative of the Depart ent of L or withhold or cause to be withheld from the contractor under this contract or any her Federa contract with the same prime contractor, or any other Federally- assisted contra subject to D vis -Bacon prevailing wage requirements, which is held by the same prime co tractor so much f the accrued payments or advances as may be considered necessary to y laborers and me hanics, including apprentices, trainees and helpers, employed by the con actor or any subcontr for the full amount of wages required by the contract. In the event of lure to pay any laborer o mechanic, including any apprentice, trainee or helper, employed or rking on the site of the; , all or part of the wages required by the contract, HUD or its esignee may, after written tice to the contractor, sponsor, applicant, or owner, take suc action as may be necessary cause the suspension of any further payment, advance, or guarantee of funds until such viola 'ons have ceased. HUD or its designee may, after writt en otice to the contractor, disburse suc amounts withheld for and on account of the contractor subcontractor to the respective emplo ees to whom they are due. The Comptroller General hall make such disbursements in the cas of direct Davis -Bacon Act contracts. 3. (i) Payrolls and asic records. Payrolls and basic records rel ting thereto shall be maintained by the con actor during the course of the work preserved for eriod of three years thereafter for all lab rers and mechanics working at the site of the work. Such records shall contain the name, dress, and social security number of each such worke his or her correct classification, hour rates of wages paid (including rates of contributions or sts anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in 6 providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show t e costs anticipated or the actual cost incurred in providing such benefits. Contractors em toying apprentices or trainees under approved programs shall maintain written evidence of the r istration of apprenticeship programs and certification of trainee programs, the registration of the pprentices and trainees, and the ratios and wage rates prescribed in the applicable program (Approved by the Office of Managem nt and Budget under OMB Control Numbers 1215 -0140 d 1215 - 0017.) (ii) (a) The contractor sh I submit weekly for each week in hich any contract work is performed a copy of all payrolls to H or its designee if the agency is a parry to the contract, but if the agency is not such a party, a contractor will submit the ayrolls to the applicant sponsor, or owner, as the case may be, f transmission to HUD or ' s designee. The payrolls submitted shall set out accurately and complet all of the information equired to be maintained under 29 CFR 5.5(a)(3)(i). This information may a submitted in any orm desired. Optional Form WH -347 is available for this purpose and may a purchased fro the Superintendent of Documents (Federal Stock Number 029-005-00 4-1), U.S. G ernment Printing Office, Washington, DC 20402. The prime contractor is respo ible for th submission of copies of payrolls by all subcontractors. (Approved by the Offi of Man ement and Budget under OMB Control Number 1215 - 0149.) (b) Each payroll submitted shall be accomp ied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her ag who pays or supervises the payment of the per- sons employed under the contract and sha c ify the following: (1) That the payroll for the payroll period ontain the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that suc informati n is correct and complete; (2) That each laborer or mechanic (in uding each h er, apprentice, and trainee) employed on the contract during the payroll period as been paid th full weekly wages earned, without re- bate, either directly or indirectly, an that no deductions ave been made either directly or indirectly from the full wages earne , other than permissi le deductions as set forth in 29 CFR Part 3; (3) That each laborer or mecha c has been paid not less th the applicable wage rates and fringe benefits or cash equival is for the classification of wor performed, as specified in the applicable wage determinatio incorporated into the contract. (c) The weekly submission a properly executed certification set orth on the reverse side of Optional Form WH -347 sh satisfy the requirement for submission f the "Statement of Compli- ance" required by subpar raph A.3.(ii)(b). (d) The falsification of a of the above certifications may subject the c tractor or subcontractor to civil or criminal pros ution under Section 1001 of Title 18 and Sectio 31 of Title 31 of the United States Code. (iii) The contractor r subcontractor shall make the records required under bparagraph A.3.(i) available for insp tion, copying, or transcription by authorized representati es of HUD or its designee or the," Department of Labor, and shall permit such representati es to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not indivi ually registered in the program, but who has been certified by the Office of Apprenticeship Tr ining, Employer and Labor Services or a Stat Apprenticeship Agency (where appropriate) to be igible for probationary employment as an a prentice. The allowable ratio of apprentices to journ men on the job site in any craft classific ion shall not be greater than the ratio permitted to the ontractor as to the entire work force der the registered program. Any worker listed on a pa oll at an apprentice wage rate, o is not registered or otherwise employed as stated abo , shall be paid not less than t applicable wage rate on the wage determination for the cla ification of work actually p ormed. In addition, any apprentice performing work on the job ite in excess of the ratio ermitted under the registered program shall be paid not less than t e applicable wage rate on the wage determination for the work actually performed. Where a c tractor is performing/construction on a project in a locality other than that in which its program is gistered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate specified in t e contractor's or subcontractor's registered program shall be observed. Every prentice m st be paid at not less than the rate specified in the registered program for the appre tice's lev of progress, expressed as a percentage of the journeymen hourly rate specified in t e appli able wage determination. Apprentices shall be paid fringe benefits in accordance wit the provisions of the apprenticeship program. If the apprenticeship program does not speci ringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wag determination for the applicable classification. If the Administrator determines that a differ practice prevails for the applicable apprentice classification, fringes shall be paid in ac rda ce with that determination. In the event the Office of Apprenticeship Training, Employer nd La or Services, or a State Apprenticeship Agency recognized by the Office, withdraws a proval o an apprenticeship program, the contractor will no longer be permitted to utilize appr ntices at I s than the applicable predetermined rate for the work performed until an acceptab a program is proved. (ii) Trainees. Except as provided i 29 CFR 5.16, tr ineas will not be permitted to work at less than the predetermined rate for th work performed u less they are employed pursuant to and individually registered in a prog m which has receiv d prior approval, evidenced by formal certification by the U.S. Departm nt of Labor, Employme and Training Administration. The ratio of trainees to journeymen on a job site shall not be g eater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specifie in the approved program f the trainee's level of progress, expressed as a percentag of the journeyman hourly rate pecified in the applicable wage determination. Trainees sh II be paid fringe benefits in accor ance with the provisions of the trainee program. If the tr 'nee program does not mention fringe benefits, trainees shall be paid the full amount of fringe b nefits listed on the wage determination nless the Administrator of the Wage and Hour Division determines that there is an apprenticeship rogram associated with the corresponding journey an wage rate on the wage determination whi h provides for less than full fringe benefits for app entices. Any employee listed on the payroll a a trainee rate who is not registered and participating in a training plan approved by the E ployment and Training Administration shall,?6e paid not less than the applicable wage rate on th wage determination for the work actually performed. In addition, any trainee performing work on t job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the eve t the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 2R CFR Part 3 which are incorporated byTeference in this contract 6. Subcontracts. a contractor or subcontractor will in ert in any subcontracts the clauses contained in subpar a aphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by ap ropriate instructions require, a a copy of the applicable prevailing wage decision, and also clause requiring the subcon actors to include these clauses in any lower tier subcontracts. T prime contractor shall be esponsible for the compliance by any subcontractor or lower tier bcontractor with all the ontract clauses in this paragraph. 7. Contract termination; de rment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the c ntract and for de arment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon Nand Relat d Act Requirements. All rulings and interpretations of the Davis -Bacon an Relat Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in thi con act 9. Disputes concerning labor standar Disputes arising out of the labor standards provisions of this contract shall not be su ct to the general disputes clause of this contract. Such disputes shall be resolved in acco da a with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. ispute within the meaning of this clause include disputes between the contractor (or any of its bcontra tors) and HUD or its designee, the U.S. Department of Labor, or the employ es or their presentatives. 10. (i) Certification of Eligibility By entering int this contract the contractor certifies that neither it (nor he or she) nor any erson or firm who as an interest in the contractor's firm is a person or firm ineligible to be aw rded Government c ntracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.1 (a)(1) or to be award HUD contracts or participate in HUD programs pursuant to 24 CFR art 24. (ii) No part of this contract Oall be subcontracted to any erson or firm ineligible for award of a Government contract by virt a of Section 3(a) of the Davis- acon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs p rsuant to 24 CFR Part 24. (iii) The penalty for maki g false statements is prescribed in t e U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S Criminal Code, Section 1 01 0, Titl 18, U.S.C., "Federal Housing Administration transacti ns ", provides in part: 'Whoever, for the p rpose of ... influencing in any way the action of such dministration..... makes, utters or publish s any statement knowing the same to be false..... s II be fined not more than $5,000 or impriso d not more than two years, or both." 13) 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. % (1) Overtime requirements. No contractor or subcontractor contra 4"Inrgequire for any part of the contract work which may require or invol the employment of laborers or mechanics s or permit any such laborer or mechanic in any work eek in which he or she is employed on su work to work in excess of 40 hours in such workweek unless such borer or mechanic receives compensa 'on at a rate not less than one and one -half times the basic rate of pa for all hours worked in excess of 40 ours in such workweek. (2) Violation; liability for u \Sh ages; liquidated dama es. In the event of any violation of the clause set forth in subparagraph (1) of agraph, the contractor nd any subcontractor responsible therefore shall be liable for the unpaid wages. ion, such contractor a d subcontractor shall be liable to the United States (in the case of work done undect for the District of olumbia or a territory, to such District or to such territory), for liquidated damch liquidated dam ges shall be computed with respect to each individual laborer or mechanic, includih en and guards employed in violation of the clause set forth in subparagraph (1) of this par in a sum of $ for each calendar day on which such individual was required or permitted to woress o the stain and workweek of 40 hours without payment of the overtime wages required by the clausrth in s b par graph (1) of this paragraph. (3) Withholding for unpaid wages and liqu upon written request of an authorized reps withheld, from any moneys payable on accoi such contract or any other Federal contr contract subject to the Contract Work H � contractor such sums as may be deter in( subcontractor for unpaid wages and liqu' atE of this paragraph. ited damages. HUD or its designee shall upon its own action or ntative of the Department of Labor withhold or cause to be work performed by the contractor or subcontractor under any wit the same prime contract, or any other Federally- assisted and Safety Standards Act which is held by the same prime to be ecessary to satisfy any liabilities of such contractor or damage as provided in the clause set forth in subparagraph (2) (4) Subcontracts. The contractor ors bcontractor shall ins in any subcontracts the clauses set forth in subparagraph (1) through (4) of this pbragraph and also a cla se requiring the subcontractors to include these clauses in any lower tier subcontrac .The prime contractor sh I be responsible for compliance by any subcontractor or lower tier subcontr ctor with the clauses set fo in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The prov ions of this paragraph C are applicable only where the amount of the prime contract exceeds $100,000. / (1) No laborer or mechanic sh ll be required to work in surroundings or nder working conditions which are unsanitary, hazardous, or da erous to his health and safety as determin d under construction safety and health standards promulgateA by the Secretary of Labor by regulation. (2) The Contractor shall co ply with all regulations issued by the Secretary o Labor pursuant to Title 29 Part 1926 and failure to comp) may result in imposition of sanctions pursuant to th Contract Work Hours and Safety Standards Act, 40 USC 01 et se . (3) The Contractor s:bcontractor. ' include the provisions of this paragraph in every subcontr ct so that such provisions will be binding on each The Contractor shall take such action with respe t to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct s a means of enforcing such provisions. Civil Rights Provisions As applicable, the Subcontractor agrees to comply with: a. Title VI of the Civil Rights Act of 1964 as amended Title VI, codified at 42 U.S.C. § 2000d, prohibits racial discrimination by recipients of federal funds as follows: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title VIII of the Civil Rights Act of 1968 as amended Title VIII of the Civil Right Act of 1968, as amended by the Fair Housing Act of 1988, which is codified at 42 U.S.C. § 3604, prohibits di criminating against persons in the sa a or rent or a dwelling based on disability. Discrimination includes a r usal to make reasonable accomm dations in rules and policies, when such accommodations may be nec sary to afford such person equal o portunity to use and enjoy a dwelling. amended c. Jecuon guy vi I ILIC I UI lI , ,.,u ,.. .... __.....__..._ Section 109 is codified at 42 USC 53 9 and provides Tbeenied n shall on the ground of race, color, national origin, religion, or sex be excluded fro participation the benefits of, or be subjected to discrimination under any program or activity fun d in whole CDBG funds. 0 The Americans with Disabilities Act of 199 as mended, prohibits private employers, state and local governments, employment agencies and labor u ons from discriminating against qualified individuals with disabilities in job application procedures, hiring, iring, advancement, compensation, job training, and other terms, conditions, and privileges of employme t. he ADA covers employers with 15 or more employees, including state and local governments. e. Section 504 of the 1973 Rehabilitation Act The Subcontractor agrees to comply wit all Federal reg ations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 ( U.S.C. 794), wh h prohibits discrimination against the individuals with disabilities or handicaps in a Federally assiste program. The Contractor shall provide the Subcontractor with any guidelines n cessary for compliant with that portion of the regulations in force during the term of this Agreement. f. Age Discrimination Act of 1975 This prohibits discrimination o the basis of age in programs r activities receiving Federal financial assistance. g. Executive Order 11063 This Executive Order signe by President Kennedy "prohibits discrimina 'on in the sale, leasing, rental, or other disposition of prope ies and facilities owned or operated by the fed al government or provided with federal funds." 14) Prevailing Wage — See�nsert if applicable. To: Iowa City City Clerk For: City Council Members From: Jim White Sr. and Carol Seydel Date: July 8, 2011 Message: Please read the attached. Thank You. C7 N f Ste'° csa+ i N CO E Page 5 Champion: Did I understand you'll have to close the Airport while you're doing the middle of the runways or... Farris: Yeah, the ... the intersection of those two main, you know, the two main runways or the two runways that are open now, urn, is planned, uh, to take ... I think it's a 21 day ... 28 day schedule with about a 20 -hour work day, so they try to work as quickly as they can. At that point (both talking) yeah, those two runways will be closed. You can still come in helicopter traffic, but fixed -wing. Champion: Is that during the football season? Farris: Hoping to be finished, they're going to start Monday. Champion: Oh, okay! Farris: That pushes it to about right on the 30th. If good weather, like everything else. Soon as the rip up the, if it gets muddy it's hard for 'em to do the work, but that's (mumbled). ti Bailey: Okay, thanks, Greg. C C_ Farris: Thanks. co Bailey: Anyone else? : <r White: Good evening. My name's Jim White Sr. I'm a resident of 121�,T'aft N Speedway in Iowa City, Iowa, and after 13 months of hard work, toil affil a lot of...money, I've been able to move back into my home. This is after my, uh, final City inspection that was conducted about a week ago. The property my home resides in was owned by Bill Englert. It was Bill Englert's home, close by was the Englert Ice House, close by was Dutch Hall, close by were a lot of things connected with the Englert family in Iowa City. If you read anything written by Irving Weber in that area, you'd read a number of articles about Little Dutch Hall, Brighton Beach was the name of the cottage that, uh, Bill Englert owned, and I happened to inherit that. This has been in the family over 110 years. In 2003, I started to ... this home, I tore down the old Bill Englert cottage, and I attempted to put it back and mirror as close I could to the original structure. In 1993 the Bill Englert home did, uh, cottage did not get flooded. Did not have a drop of water in it. So when the old cottage was torn down, a new one was built, and it was raised 2 feet higher and the 1993 flood missed our front door by over 3 feet. So we figured we had a 5 foot cushion. In, uh, November 2007, I finished this project and I spent January, February, and March as a new retiree in Arizona. Came back to Iowa City in time to fight the flood. House was really never lived in. So This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of July 28, 2009. #4 Page 6 you might say from age 62 to 68 all I've done is work on this house. And work in this area. At no time was I verbally or in writing ever told that r ' Taft Speedway was going to be raised. In fact, myself and my neighbors ­",Fere told just the opposite. There wouldn't be money for such a project. ,-moo we asked many times, what are you going to do with Taft Speedway, CL_ ��now far's Taft Speedway going to extend down the Peninsula? And what's co C..D mooing to happen to Taft Speedway? And we were told over and over again �= �"C-ihere wasn't enough money for such a project. In fact some of my eighbors are not even here this evening, because as they told me, it ain't mooing to happen! Because there's not going to be enough money to do it. ti And we've been told ... I, one person's told me, we were promised that it would only be raised from the church to Dubuque Street. Just to ramp up to the new elevation of Dubuque Street. Last night the Council agreed in principal to a new project, and I do emphasize the new project. That came about last night - the City staff presented this as a new project. It was the last thing, it was your final project that you had to discuss in that regard. And it came about because of a new trove of money ... that potentially might be there. Some Council Members say that we were told Taft Speedway was going to be elevated or raised. We were told just the opposite! The Council was led to believe Taft Speedway was going to be, uh, raised anyway. That's not the case. When the church, when Parkview Church acquired what we call the wetland, swamp, the old Ice House property, there was some discussion as an option being given that Taft Speedway would become a dead-end ... at the Parkview Church property line, and many of our residents on Taft Speedway didn't object to that possible option because it would cut down on the flow of traffic through that area. So ... Taft Speedway doesn't have to be elevated, because Dubuque Street's going to be elevated. Last night the Taft, uh, Speedway elevation was indicated as saving Parkview Church. But I think we also know that Parkview is either building or is in the process of going to build a new church somewhere else. So in reality maybe Parkview will be University of Iowa property, and I just wonder, you know, are we saving or protecting Idyllwild as well as protecting potential University of Iowa property. It was stated in the paper that some of this property was being purchased to keep developers out, and I just wondered if the Council would do the same thing if Parkview came available. Would Parkview be purchased by the City and torn down so that developers didn't develop it? Or would it be just given to the University of Iowa, uh, for a token. What effect will the raised Taft Speedway have on the new University of Iowa boat house? That was built and is being built in Terrell Mill. Will we have to build a dam, a levee, a dike around the new boat house? Some Council Members think the residents of our area have just been sitting around watching the river flow by from our verandas. If you go up and down Taft Speedway, you will see since 1993 and 2008 there are many constriction projects still ongoing. I'm one of the lucky ones! I moved back in after 13 months. Many of my neighbors are still reconstructing This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of July 28, 2009. M Page 7 and building. There were 12 homes on this street, and now last night there was mention maybe there were only eight of us. I do not know of the four buyouts. I know of one official buyout, one potential buyout. We've been Bailey: Thank you, and as you heard last night, we will have opportunity for public input. This is simply a grant application. The money isn't there yet, and there will be opportunity during that application period for public to ... to provide input, which we will consider. White: My only concern on that is, and every organization I've ever been involved in, once you get the money, once you get the cash cow, it's very difficult to give it up, and if you receive it, will everyone on the Council be willing to say we got the money but now we're not going to spend it? And I'm sure you wont' about what the public would think, if that was the case, and I ... even later on if the complexion of the Council changes, those people will feel obligated to spend that money that was received for such and such project. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of July 28, 2009. hard at work after 1993 and after 2008 doing our own flood mitigation l- work, at our own expense. Time doesn't allow me to go into all those i things, but you know that from, uh, building permits that some homes wr �- _J;,,- raised, were raised four feet, many homes were raised an entire story. In a L1992, the final plan for the Idyllwild subdivision was approved. We had fought a standard, um, truck stop, two or three attempts at mature student UP— =) :_) housing, and finally we lost out to the Idyllwild condominiums. But many cD of the residents there were opposed in 1992, to what was going on. Many of the residents of Taft Speedway predicted that not only would we have to worry about flooding from the south, but now we had a new direction of flood that could come from the north. Bailey: Mr. White, would you begin to conclude your remarks? Please. White: Sure. In 1993, the area flooded. In 2008, it flooded, and that was really with the help of the coffer dam and the Park Bridge. In my life time there's only been one other major flood in that area, and that was in 1947. So I think we're really doing a lot of work and a lot of concern about an area, in our case it was never flooded in the house, and that the flood business you're all so worried about, maybe absent the coffer dam, maybe a higher Dubuque Street bridge and absent more developments like Idyllwild, maybe we wouldn't have as much flooding. I know you want me to conclude, but I do want you to know, it's not just about dollars and cents. I pay $5,600 a year in taxes to live, excuse me, to own a home that I don't live in. So, when you talk about the number of people in Idyllwild and the number of homes in Idyllwild, and the amount of the tax base, please realize that you're talking to human beings, people that've been in the area for over ... and families for over a hundred years, and that, uh, we might deserve better than that. Thank you. Bailey: Thank you, and as you heard last night, we will have opportunity for public input. This is simply a grant application. The money isn't there yet, and there will be opportunity during that application period for public to ... to provide input, which we will consider. White: My only concern on that is, and every organization I've ever been involved in, once you get the money, once you get the cash cow, it's very difficult to give it up, and if you receive it, will everyone on the Council be willing to say we got the money but now we're not going to spend it? And I'm sure you wont' about what the public would think, if that was the case, and I ... even later on if the complexion of the Council changes, those people will feel obligated to spend that money that was received for such and such project. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of July 28, 2009. #4 Page 8 Bailey: Thank you. Seydel: I'm sorry. I'm Carol Seydel, and I'm going to speak on the same issue, but I will do it as quickly as I can. Um ... um, my family, uh, is directly related to the Englerts through my great -aunt who married Will Englert, and Will was known as quite an entrepreneur, uh, his father started the Ice Company on the river and that's why the land was acquired. He also had, uh, the Parnell home was a, um, tavern and um, stopped at by travelers, so that whole area had been related to a great history of Iowa City, and I do not like to think that you're going to absolutely ignore it. I call it ... we have maintained that land ... I...we don't live there all the time. It's a cy-; second home, but what I want to make sure you understand is... it's kind of �•a shrine, and I don't think that you're looking at it with enough respect to, _ `c-uh, realize what we have involved in that. Um, the Idyllwild, as you n- 1J>_-kdlow, was a big mistake. I think the Peninsula was another big mistake, a) �­)'—the development up on the hill, and I have eight questions. Number one, •� >-� -'what about fixing, uh, Foster Road, which is the one that should be fixed. �yTaft Speedway is ... has been, what we were told, never... that it would not -- CDbe traveled on. So Foster Road is the important road. Foster Road is flooded not by the river. It's flooded by seepage from the bottom and it's flooded by the water that drains off all around that area. Second question I have is ... um, have you consulted a hydrologist? I'm certain you have. He would tell you about the drainage down into, um, Idyllwild, which will be behind a dike or levee as you're calling it. Uh, number three ... the next quest is ... how much is this dike or levee going to cost, and is it cost - effective to the amount of money that the Idyllwild concept or subdivision costs? I mean, they have to balance. You can't put a lot of money in something that's not going to be worth, uh, being protected, the area being protected. I also wondered if you're going to fill my property up to a level with Taft, the new Taft Speedway, which would be only fair, and when you keep saying that you asked us for a buyout, I told them very much from the begimiing that that property was historical property, it was never going to be sold. We have taken care of it. My parents worked hard to take care of it. It always looked like a park. We've done the same thing. Jim and Marietta, my sister, uh, and I and my husband Lisle have worked hard to keep it as it is. We have used it for a home for our grandchildren and children to go to college. They learned how to take care of property by living in the little house, and that house is historical in itself as it was the caretaker's cottage at the Country Club. And, um, I just think that I know that it was just a ... an idea to put this forward, but please, consider that you're not dealing with just, uh, I hate to use a term, but river rats! We are people that have a very, very conscious and devoted interest in our property on that land. So, I don't think you're looking at it in quite the right way. It's probably more important to Iowa City than Idyllwild. Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of July 28, 2009. #4 Bailey: Page 9 Thank you. Anyone else wishing to speak to Council? All right. We'll move on to Planning and Zoning items. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of July 28, 2009. cv � rn. N Page 9 Thank you. Anyone else wishing to speak to Council? All right. We'll move on to Planning and Zoning items. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of July 28, 2009. Marian Karr From: MECrawford @aol.com Sent: Sunday, July 17, 2011 5:27 PM To: Council Subject: Levee Protection Because there have been many opinions expressed recently relative to the proposed Taft Speedway /No Name Road levee, I thought I should again communicate. 1. The levee will not only protect the 92 homes in Idyllwild but also Foster Road which is the only access road to the Peninsula and Mackinaw housing developments, as well as the Elks Club. 2. Homeowners in Idyllwild were not allowed the opportunity to be bought out by FEMA as did others in our City that were affected by the 2008 flood. 3. Our homeowners association and almost all of the homeowners in Idyllwild had no flood insurance prior to the 2008 flood. Flood insurance was not required by mortgage lenders, and in 2008, according to FEMA, no building was in the 100 year flood plain. 4. With no flood insurance, and some FEMA and State assistance most homeowners who lived in Idyllwild prior to the 2008 flood still chose to rebuild. Contrary to some statements that have been made by a few others in our City, there was considerable cost to the many homeowners who chose to rebuild. 5. A levee will protect the values of the 92 homes in Idyllwild and all other properties along and up Foster Road. With increased values, property taxes will increase and provide increased revenue to the City. 6. To protect against a future flood greater than a 100 year flood, it is not possible to raise the buildings in Idyllwild . 7. Presently, of the 92 homes in Idyllwild, 46 are owner occupied and 43 are rented. The rental properties are made available by Idyllwild homeowners who chose to rebuild, and rentals will not be allowed after 2016. Two homes are now for sale, and as each rental property is sold, it then must then be an owner occupied home. Only one home remains unoccupied as a result of the flood and that is being maintained by our homeowners association. Finally, I want to complement City Hall staff for their cooperation. They have done an excellent job pursuing the grant through HUD, and their open communication relative to the process has been extremely helpful. We look forward to the public meeting concerning the levee. Mike Crawford 54 Pentire Circle Iowa City, Iowa 52245 319- 512 -5510 Marian Karr From: Sally Cline <clinesally @cs.com> Sent: Saturday, July 16, 2011 6:52 PM To: Council Subject: Fwd: Levee SALLY CLINE, GRI, ABR Licensed to Sell Real Estate in the State of Iowa IOWA REALTY 327 2nd Street, Suite 200 A Coralville, IA 52241 Cell phone: 319 - 331 -0270 Fax: 319- 354 -6432 - - - -- Original Message---- - From: Angie Tegen <t.tegen @mchsi.com> To: David Purdy <david -purdy @iowa- city.org >; Sally Cline <CLINESALLY @cs.com> Sent: Sat, Jul 16, 2011 11:15 am Subject: Levee Angie Tegen 143 Pentire Circle Iowa City, IA 52245 319 - 351 -4028 319 - 331 -4027 cell Mr Purdy, Thank you for forwarding this to the responsible persons. My husband and I were flood victims in 2008. We have a condominium at Idyllwild. We had 4ft of water in our home. We were dislocated for 6 months while our home was being rebuilt. The attorney for residents along Taft Speedway has stated that it did not cost us a significant amount. I disagree. The financial cost of repair and the value loss were significant for us. The tears, heartache, and stress were also significant. But we had no choice. We were not offered a buyout. We would certainly accept a buyout at 2008 prices. We had to have courage and move forward. One of the things that gave us hope was the plan for a levee. The plan was thoroughly explained to everyone, including the residents along Taft Speedway. They had been offered a buyout. Nine families decided to stay. There are 92 units at Idyllwild and many more residents along Foster Road and the Peninsula that a levee would protect from future flooding. I would certainly have compassion for the nine families on the wrong side of the levee should there be another flood, but they had a choice. Our only choice was to dig in our heels and move forward. Idyllwild is a wonderful development and home to courageous tax paying Iowa City citizens. We deserve a levee. Please make it come to fruition. Sincerely, Angela Tegen Marian Karr From: Doug Wallace <damkwall @yahoo.com> Sent: Tuesday, July 19, 2011 1:58 PM To: David Purdy Cc: Council Subject: Taft Speedway Levee Dear Dave, This email is in response to a letter by Jim White, Taft Speedway resident, which was recently published in the Press Citizen. We have been owners in the Idyllwild Condominium Association since 2005. Like many others, we were caught in the 2008 flood and suffered extensive damage to our home. Thanks to federal, state and local government support we were able to rebuild and returned to Idyllwild in March of 2009. In spite of the support received it was necessary to spend a significant amount of our savings in order to rebuild. To us, the rebirth of Idyllwild has been a miraculous experience; something we hope you have been able to witness. Currently, thanks to a grant from the federal government, Iowa City is investigating plans to build a levee that, among other things, will protect the 92 homes in Idyllwild from future flooding. This will result in increased property values which will allow those wishing to sell to receive fair value for their homes and will increase property tax revenue for the City. It will also provide access to the considerable development at the terminus of Foster Road in case of a flood similar to that of 2008. In Idyllwild we had no choice but to rebuild since unlike a single family home, it is not feasible to raise a 4 unit condo building to be above a flood stage and, under FEMA guidelines, we were not eligible for a buyout. While we empathize with those in the 9 single family homes along Taft Speedway who will be outside the proposed levee, we are encouraged by hydraulic modeling that shows the construction of a levee along Taft Speedway will not significantly raise their water level in a once -in -a 500 year flood. Their main opposition to the proposed levee appears to be one of aesthetics. We hope this will be overcome by the design and landscaping of the levee. We continue to be very grateful for the financial and emotional assistance we received during the flood of 2008.. Thank you for considering this vital levee project. And thank you for your continuing support to the citizens of Iowa City. With best regards and friendship, Douglas and Mary Kathryn Wallace 45 Colwyn Court Iowa City, Iowa 52245 D: 319 -541 -9393 MK: 319 -541 -9501 Marian Karr From: MECrawford @aol.com Sent: Wednesday, July 20, 2011 4:21 PM To: Council Cc: David Purdy Subject: Fwd: Taft Speedway Levee Please also share this email with City Council member. Thank you Mike Crawford From: clinesally @cs.com To: mecrawford @aol.com Sent: 7/19/2011 7:33:02 P.M. US Mountain Standard Time Subj: Fwd: Taft Speedway Levee fyi SALLY CLINE, GRI, ABR Licensed to Sell Real Estate in the State of Iowa IOWA REALTY 327 2nd Street, Suite 200 A Coralville, IA 52241 Cell phone: 319 - 331 -0270 Fax: 319- 354 -6432 - - - -- Original Message---- - From: Janet Lessner <jlessner @niu.edu> To: david - purdy @iowa - city.org Cc: CLINESALLY @cs.com Sent: Tue, Jul 19, 2011 9:22 pm Subject: Taft Speedway Levee Dear Mr. Purdy, I wish to comment on the Taft Speedway issue There's little doubt that the nine remaining residents of Taft Speedway will fight hard to prevent the levee from being built, and they have every right to do so. They have lived at the water's edge for many years, and they are committed to their river related lifestyles, including the real and continuing threat of floods. It has ever been thus for these families. They have lived with the threat or the reality of floods from their very first days there. And clearly, since they have rejected the FEMA offer to purchase their homes for more than fair market value, they have chosen to continue to live with that threat knowing that there are no practical steps that can be taken to decrease their obvious and continuing vulnerability. Not so with the residents of Idyllwild. Almost to a person, the threat of a flood was remote, if not inconceivable. When my sister and I purchased a condo there for our elderly mother, we were assured that Idyllwild was well beyond reach of the river, and the devastating flood of '94 was offered as reassuring evidence of that. The City Council of Iowa City was also convinced that the chances of flooding were remote, as can be seen in the record of its deliberations concerning the approval of development of the Idyllwild community. Unlike the residents of Taft Speedway, the residents of Idyllwild did not choose to live dangerously. In hindsight, it might be said that Idyllwild residents were unrealistic and likely unwise, but putting oneself in harm's way unwittingly is different from doing so knowingly. Taft Speedway residents know that their only hope for reducing the impact of the next flood is to make sure the flood waters are allowed to engulf the adjoining property, namely the Idyllwild community. So to protect the interests of nine families, 92 families would suffer. This equation is unbalanced. The levee needs to be built to protect the welfare of the many rather than be rejected to protect the welfare of the few. Sincerely, Janet E. Lessner 10 Spring Valley Dr. NE Iowa City Marian Karr From: Susan. Pappas @act.org Sent: Thursday, July 21, 2011 12:51 PM To: David Purdy Cc: Council; Rick Fosse; Jeff Davidson; Steve Long; Tom Markus Subject: In support of Taft Speedway /No Name Road Levee Dear David, As am Idyllwild homeowner who experienced the devastation, disruption, and hard choices resulting from the 2008 flood, I was encouraged last fall when the City was awarded $8 million in federal funds to elevate the roads surrounding the Idyllwild neighborhood. I commend the City staff for their efforts to obtain the funding and the City Council for their unanimous decision to accept the funds. I reiterate my support for the proposed Taft Speedway /No Name Road levee and protest what appear to be stalling /delaying tactics on the part of levee opponents. I recognize that not everyone supports this project. I note that most of the opponents are homeowners who were offered, but rejected, FEMA buyout offers, unlike Idyllwild homeowners, who were not eligible for buyouts. The proposed levee is not Alaska's Bridge to Nowhere or Coralville's Rainforest, both projects of questionable benefit for which federal funding was ultimately withdrawn. Rather, it is a reasonable and necessary solution to the threat of future flooding. The levee will not only protect the inhabitants (and property value) of 92 homes in my neighborhood but also guarantee access to properties further up Foster Road. Because this will be a complicated, multi -year project, it is important the we proceed with the planning for the levee so that the project can be coordinated with the plans for the elevation of Dubuque Street. Delays in either project will likely result in increased costs and unnecessarily postpone the realization of the benefits to public safety and access for which these projects are designed. encourage those responsible to act with all due speed to move this project forward. Sincerely, Susan Pappas 58 Pentire Circle Iowa City 319.338.0692 13 Marian Karr From: Melissa Clow Sent: Monday, August 01, 2011 2:43 PM To: Marian Karr Subject: FW: Gateway Project -Taft Speedway Levee Marian — received these comments over the weekend through the Dubuque Street / Park Road Bridge website. Are you the correct person to send them on to? Thanks, Melissa Clow, El, LEED AP City of Iowa City, Engineering 319 - 356 -5413 phone 319 - 330 -1420 cell APlease consider the environment and do not print this email unless necessary. From: and rosenquist [ mailto :mdrosenquist @hotmail.com] Sent: Sunday, July 31, 20118:15 PM To: melissaclow @iowacitygateway.org Subject: Gateway Project -Taft Speedway Levee Dear Ms Clow, Please forward this message to the city council regarding the Gateway Project -Thank you Re: Gateway Project -Taft Speedway Levee: I don't think the Idyllwild Condominiums will be attractive to buyers after the Taft Speedway Levee is built to the south and Foster Road is raised to the north. The condo with be sitting in a bowl. A person looking to buy a condo wants creature comforts, no maintenance and a pleasant view. There are many condos in the Iowa City /Coralville area that meet these criteria. My guess would be that after the levee and road are built Idyllwild will become a rental location. After the 1992 city council voted to override the zoning commission's rejection of building on this flood zone, the residents requested it not become rental units or student housing. This is exactly the direction it will go. Building the levee would restrict the natural flood plain of the Iowa River. It has to go somewhere. Please study the impact the proposed Taft Speedway levee will have on the surrounding areas taking into account the flood mitigation projects being done in communities upstream from Iowa City. One of the important lessons I learned during our 100 -year and 500 -year floods is that you can battle the water, but if it continues to surge, eventually nature will win. I hope the current city council does not decide to over - correct a previous council's poor decision by throwing money at it without thoroughly studying the impact on the surrounding neighborhood. Thank you, Marilyn Rosenquist 323 Mullin Ave Iowa City REPLY TO: ❑ 135 HART SENATE OFFICE BUILDING WASHINGTON, DC 20510 -1501 (202)224 -3744 e -mail: grassley.senate.gov /contact.cfm ❑ 721 FEDERAL BUILDING 210 WALNUT STREET DES MOINES, IA 50309 -2140 (515)288 -1145 1501ST AVENUE NE SUITE 325 CEDAR RAPIDS, IA 52401 (319)363 -6832 'United Mates senate CHARLES E. GRASSLEY WASHINGTON, DC 20510 -1501 July 25, 2011 The Honorable Matt Hayek Mayor of Iowa City City of Iowa City 410 East Washington Stroet Iowa City, Iowa 52240 Dear Mayor Hayek: REPLY To: 1 ..,..,.) ❑ 103 FEDERAL COURTHOUSE BUILDING 320 6TH STREET Sioux QTY, IA 51101 -1244 (712)233 -1860 ❑ 210 WATERLOO BUILDING 531 COMMERCIAL STREET WATERLOO, IA 50701 -5497 (319)232 -6657 ❑ 131 WEST 3RD STREET SUITE 180 DAVENPORT, IA 52801 -1419 (563)322 -4331 ❑ 307 FEDERAL BUILDING 8 SOUTH 6TH STREET COUNCIL BLUFFS, IA 51501 -4204 (712)322 -7103 Enclosed is a copy of an e -mail and information from Ms. Sonia Ryang of Iowa City, Iowa regarding the proposed flood mitigation by Iowa City. This matter is one which is outside my jurisdiction as a federal legislative official. Any information that you may be able to provide her regarding this matter would be greatly appreciated. Should you have any comments, you may contact me at my Cedar Rapids office. You have my very best wishes. CEG /GF RANKING MEMBER, JUDICIARY Committee Assignments: AGRICULTURE BUDGET FINANCE PRINTED ON RECYCLED PAPER CO- CHAIRMAN, INTERNATIONAL NARCOTICS CONTROLCAUCUS a � u r- a"" Sincerely, V+ N Charles E. Grassley United States Senator Committee Assignments: AGRICULTURE BUDGET FINANCE PRINTED ON RECYCLED PAPER CO- CHAIRMAN, INTERNATIONAL NARCOTICS CONTROLCAUCUS - - - -- Original Message---- - From: sryang5l @gmail.com [mailto:sryang5l @gmail.com] Sent: Friday, July 15, 2011 8:50 PM To: grasszzwebrespond99(Grassley) Subject: Contact Submission Form <Prefix>Dr.< /Prefix> <FIRSTNAME>Sonia< /FIRSTNAME> <LASTNAME>Ryang< /LASTNAME> <ADDRESSI>701 Normandy Drive< /ADDRESSI> <ADDRESS2>< /ADDRESS2> <CITY>Iowa City< /CITY> <STATE>IA< /STATE> <ZIP>52246 < /ZIP> < EMAIL >sryang5l @gmail.com< / EMAIL> <HomePhone>319- 512- 4465< /HomePhone> <WorkPhone>< /WorkPhone> <MessageBody>Dear Hon. Senator Grassley: My name is Sonia (Soon) Ryang. I live on 701 Normandy Drive, Iowa City, IA, the area that was severely impacted by the flood of 2008. I am writing to you with my concern about the way CDBG money has been handled by the City of Iowa City: the City appears to be wasting a lot of public funding. My neighborhood is referred to as Park View Terrace, comprising of Normandy Drive, Eastmoor Drive, Manor Drive, Park Place, Park Road, and Granada Court. Since the flood of 2008, this neighborhood has been subjected to the City of Iowa City s aggressive buy -out project funded through CBDG by HUD. Following the 08 flood, the state of Iowa received $230 million for the CDBG voluntary property acquisition. In November 2009, the City of Iowa City circulated a`memo stating that homes that were "substantially damaged" by the 2008 flood would be eligible for CDBG (non -FEMA) buyout. In December 2009, the city officially authorized the acceptance of $11.6 million toward this purpose. From my communication with•Katie Gieszler, Project manager in the Iowa Department of Economic Development, the eligible parcel must have sustained 50,percent or more of pre -flood fair market value in a damage estimate. I quote from Ms Gieszler s email: .,,, C:3 c 71 C'; co r... C N An eligible parcel for the buyout must satisfy one of three conditions in order to participate: the property is substantially damaged ( +50% of the pre -flood fair market value in a damage estimate), the property is a health /safety risk, and the property is located in the 100 year flood plain. Properties purchased by the City in the 100 year flood plain will be demolished and deed restricted to remain green space in perpetuity. Properties purchased in the 500 year flood plain have no deed restriction and may be redeveloped /sold for future use (CDBG regulations apply). However, Iowa City has chosen to use more stringent guidelines for their buyout. Any property purchased by the City in the 100 year and 500 year flood plain will remain green space in perpetuity post- buyout. In light of these rules, there are at least two clear irregularities that substantially deviate from the protocol in PVT buyout project carried out by the City of Iowa City. (I also wish to bring up third potential case, which will follow 2 cases below.) Case 1: 527 Normandy Drive Two -level home with a full basement. Basement took water, but the residential part of the home was not touched by flood water. The owners did not qualify for the initial FEMA buyout since it is above 100 -year flood plain. The City s own documentation listed this house as NOT having sustained substantial damage (I have a copy of this document). The city valuated its flood damage at $105,267.28 and its pre -flood fair market value, at $4041267. ifis re ers the damage estimate to be 25.79 percent in proportion. The owners placed( --- h se fo ale with unfinished basement for around $230,000. The house did not sell. In �tmmeantimhe City decided to buy this house. According to the Johnson County Real Esta`te4ecgd, & July 7, 2010, the City bought this house for $411,600.00 using CDBG money. The F1�se has gmcw been demolished. = �t�°'°' N Case 2: 551 Normandy Drive This is a modern million - dollar architect - designed mansion (I have taken photographs of this house). The house took some water on the ground floor, but did not qualify for FEMA buyout, since it already stands on an elevated foundation above 100 -year flood plain. The City s own documentation listed this house as NOT having sustained substantial damage (I have a copy of this document). The city estimated its damage to be $210,000 and pre -flood fair market value, $954,954.00. Immediately after the flood, it was completely repaired and placed on the market -- this house belonged to a private trust and no one was living. It went on to the market for $1.3 million. The house did not sell. According to the Johnson County Real Estate Record, on April 6, 2011, the City bought this house for $972,316.80 by using CDBG money. This renders its damage by the 08 flood at 21.99 percent. The house is still standing, though waiting to be demolished. My picture shows that its back siding has been removed in part. Currently, another splendid house (registered historic landmark), 820 Park Road (which stands right on Iowa River, although the house is designed to withstand the flood, built on the bridge -like design), is on sale. Please see the link http: / /www.realtor.com /realestateandhomes - detail/ 820 -W- Park- Rd_Iowa- City_IA_52246_M78378- 55326: it is listed for $675,000. This is my third case. Information conveyed to me from my neighbor regarding this property tells me that the City of Iowa City is considering the buy -out of this property. Here's what Mr. Steve Long of the city s Planning Department stated regarding this house: We are aware that 820 Park Road is for sale. The property is eligible for a CDBG buyout, but due to the landmark status it will not and cannot be torn down. If the current owner agrees to a buyout, the City would acquire the property and retain the structure. The City would then discuss options for the use of the property. 2 Following the 08 flood, the City estimated that 820 Park Road sustained $177,247 in damage out of the pre -flood fair market value of $487,388, making its damage 36.37% in proportion still not reaching 50 %. I am curious to see how much the City would pay for this. My question is simple: How does this city have this much money to buy out these luxury homes by using what is ultimately out tax dollars? All those homes that I cited are above and beyond average home prices in this area. This does not appear to be in conformity with HUD grants in general, which normally target at assisting low- income families, avoiding slum and blight, promoting fair housing, and protecting residents from hazard. All these homes were placed in the regular commercial real estate market, which is an indication that these homes were well re- habilitated, positing no danger or risk to public safety. Indeed, as you can see from the buy -out map, many of us are still staying in this neighborhood this is not a condemned area that disaster hit so bad that no one can possibly live. On the contrary, this neighborhood is in the heart of Iowa City, with minutes access to the University of Iowa, University hospitals and clinics, Veterans Medical Center, many schools and stores. I am unable to shake off suspicion that this City is bailing out rich people, selectively to its liking, by using tax payer dollars acquired through HUD grant. I have observed these and a few other irregular, wasteful use of federal funding by the City of Iowa City, in its flood recovery effort. I have inquired about this matter to the state of Iowa Department of Economic Development. In response, Joe Bohlke, Infrastructure project manager wrote: You then ask what I believe is my personal opinion as to whether infrastructure and housing buy -outs are a healthy use of federal funds. First of all, I do not believe my personal opinion is relevant regarding projects submitted for funding. Additionally, I am unsure of the context in which you define healthy (physically, financially, socially ?). I would indicate that HUD CDBG funds are intended to improve the health, safety and welgare of the public. I would also share that the infrastructure funds that have been 2�jardea=meet all eligibility criteria from HUD.`? C I believe the big - picture question as to whether the funded projects are�-afi°e mgt a ropriate within the city of Iowa City is best directed at your City Council, as tFi -is the ority that made the determination how to approach flooding issues in the city ,'we asch projects to submit CDBG applications and to ultimately accept funding foie' _= «� As you can see, his response was to obfuscate the issue (as if my issue was burr -°outs as a whole) and then, merely emphasizing the Iowa City did the right thing. I found his response unsatisfactory and this led me to write to you directly. Currently Iowa City is considering building a levee around one enclave of condo complex (Idyllwild), mostly owned by a real estate corporation. This complex is located on the opposite side of the river from my neighborhood, but the levee would exclude homes on both sides of the river. When this complex was built in the early 1990s, not everyone was convinced by the corporate lobbying and there were opposing voices, yet in the end the City issued permission. The condo complex decided that its residents could not buy flood insurance, which I do not understand. Residents around this complex, including my neighbors, are very worried, since it is very conceivable that such a levee would flood our neighborhood even more severely. It appears that the City is applying CDBG money selectively, benefiting certain echelon and cluster of citizens and corporations, neglecting those of us who were unable to take buyout due to personal, financial, familial, and even medical circumstances. We, for example, could not take it, because we were unable to find the comparable house to our current one which we had already re- modeled to fit the special need of our daughter who has severe disability and is wheelchair- bound. Now that top -notch luxury homes are bought out from our neighborhood, the City would find it easier to flood us in the future such is a serious concern for our family and this neighborhood. As I mentioned, we are still living here: There are a little over seventy households in this neighborhood. It is not a condemned 3 neighborhood. The levee on the other side of Iowa River is most threatening to our safety. Yet, Iowa City is entertaining such a possibility. Coupled with irregular CDBG money disbursement, the levee construction strike me as part of mismanagement (at best) or favoritism of some sort exercised by the City of Iowa City at the expense of HUD grants. I'll appreciate it if you could look into this matter. Sonia (Soon) Ryang, Ph.D. 701 Normandy Drive Iowa City, IA 52246 Email: sryang5l @gmail.com Phone: 319 512 4465 < /MessageBody> <AddressTo>General< /AddressTo> 4 N C= � r C-) 1V --ice CO f r 3� Marian Karr From: Sent: To: Subject: Attachments: Please read revised letter. beckyhallO @aol.com Tuesday, August 02, 2011 11:08 AM Council slightly revised letter Dear Iowa City Council Members.docx Dear Iowa City Council Members, You will be voting on whether to proceed with a study of the impact of the proposed Idyllwild levee on the Taft Speedway and Parkview Terrace neighborhoods. I ask you to vote against the study and levee. These are my reasons for not wanting to spend $84 thousand dollars on the study and $11 million on a levee: 1. I do not want my tax dollars spent on a project I believe is a waste of money. City money, CDBG money, FEMA money, it all comes from our taxes! 2. 1 would not want a levee even if it were to be on the park side of the river, which might then be a problem for the neighborhoods on the other side of the river, which are the Idyllwild and Taft Speedway neighborhood. I live in Parkview Terrace. 3. Idyllwild investors should have flood insurance, as we do in Parkview Terrace. 4. 1 have been informed by friends who attend Parkview Church that they will be moving the church at sometime in the future, selling the building. 5. Foster Road can be raised, which is much less expensive, assuring the Peninsula neighborhood access at all times. 6. After visiting the Katrina Museum in New Orleans and seeing a very informative exhibit on 10 ways water can breach a levee, you realize levees are not at all full proof. In conclusion, I want to say that my main concern is not that the levee would be ugly or blocks views or that the levee may potentially cause greater flood risk in my neighborhood, which may both be true. My main concern is the waste of money! The cost for this project does not justify the results. Becky Hall 809 Eastmoor Dr. Iowa City, Iowa 52246 319 - 354 -9176 Marian Karr From: Sent: To: Subject: Attachments: Please read the attached beckyhallO @aol.com Monday, August 01, 2011 10:52 PM Council 1..44x..; -, A.,n.,,+ 0-4 — onflnn 13 Dear Iowa City Council Members, You will be voting on whether to proceed with a study of the impact of the proposed Idyllwild levee on the Taft Speedway and Parkview Terrace neighborhoods. I ask you to vote against the study and levee. These are my reasons for not wa4ing to spend $84 thousand d Ilars on the study and $11 million on a levee: 1. 1 do not want my tax dollars spent on a project I be eve is a waste of money. City money, CDBG money, FEMA money, it all comes ,from our taxe . 2. 1 would not want a levee even if it were to be n the park side of the river, which might be a problem for the neighborhoods on th"ther ide of the river, which is the Idyllwild and Taft Speedway neighborhood. I live in Parkvie 3. Idyllwild investors should have flood insu 4. 1 have many friends that attend Parkvie moving the church at sometime in the 5. Foster Road can be raised, which is m ch access at all times. N Yerrace. nce, as we do in Parkview Terrace. Church who have informed me that they will be ure. `. less expbensive, assuring the Peninsula neighborhood 6. After visiting the Katrina Museum ' New Orleans anc ways water can breach a levee, y u realize levees are ing a very informative exhibit on 10 at all full proof. In conclusion, I want to say that m main concern is not that the vee would be ugly or blocks views or that the levee may potentially ause greater flood risk in my nei borhood, which may both be true. My main concern is thew to of money! The cost for this projec does not justify the results. Becky Hall 809 Eastmoor Dr. Iowa City, Iowa 52246 319 - 354 -9176 Marian Karr From: MurphyGeerdes <mg9425 @mchsi.com> Sent: Monday, August 01, 2011 1:43 AM To: Council Subject: Idyllwild /Taft Speedway Proposed Study & Levee Dear Iowa City Council Members: On August 2 "d, you will have the opportunity to vote, under agenda items 12 and 13, whether to proceed with a study of the impact of the proposed Idyllwild levee on the Taft Speedway and the Parkview Terrace neighborhoods. I would attend the city council meeting to speak before you; however, I am on vacation. If you proceed with the study, ideally it would show the impact on the entire area under the river bluffs, including city park and all surrounding infrastructure (which review should also include some impacted residences along lower Park Road and Lee Street). I appreciate your deferring the vote from a couple of weeks ago to include Parkview Terrace within the scope of the contract's study. Of course, you need not vote to approve funding the study if you no longer wish to proceed with the levee. This is my preferred option. Assuming you vote to spend taxpayer /CDBG money for the study, I would still like to voice my objection to the levee itself. My family and I live in Parkview Terrace, we are not eligible for a buyout and do not want one. Flood waters did not reach our home in 2008, and we do not want them in the future. There are and will be many families living in Parkview Terrace over the coming years. An Idyllwild levee is a bad project on so many levels. 1. The levee will restrict the floodplain on the Idyllwild side of the river causing water to go to the City Park /Parkview Terrace side and beyond —we do not want more water on our side of the river. Even a few inches could mean the difference between homes on our side flooding and not flooding. I do not want any of my tax dollars used to support bad public policy. a. A levee could encourage more development in the Parkview Church area which would create further damage when the levee fails. b. Past Iowa City councils were repeatedly warned by numerous individuals not to allow development in the Idyllwild area, which had flooded numerous times in the past, but permitted this development anyway at the urging of developers and their attorneys. Building a levee would reward the decision to permit development where it should not be. c. Many of the Idyllwild condominiums are now owned by investors who bought cheaply after the flood. do not object to their making a profit but do not want my tax dollars to fund it. Iowa City's application for money to help build the levee stated the levee would provide "a permanent access to the Peninsula neighborhood...." Raising Foster Road, which is less expensive than building a levee, will achieve the city's goal. 4. The city could easily be liable for damages for inverse condemnation even though the Taft Speedway owners did not accept a buyout after they remediated their properties. The city might also have to condemn an Idyllwild building or two to get the levee built. From the map it appears that the end of Pentire Circle would be at risk. The presence of the levee may stop groundwater from escaping from Idyllwild and, if Iowa City is hit with a rainfall like Dubuque recently received, the groundwater couldn't be pumped out fast enough to avoid causing property damage. This damage might not be insured. Property owners can purchase flood insurance to cover damage caused by flooding and water back up coverage to cover some damage caused by water backup. Purchasing insurance to cover damage caused by groundwater is much more problematic, and it may, in fact, be unavailable. My understanding is that some Idyllwild residents have indicated they were not eligible for a buyout. I believe it is more accurate to state that the Idyllwild condominium owners would have had to reach agreement on a buyout because of how condominiums are owned. Because they could not reach agreement and some owners wanted to be eligible for relief funding, Idyllwild made a formal request before the Iowa City City Council Special Formal meeting on October 6, 2008, to not be included on the FEMA hazard mitigation grant program buyout list." In light of this, It seems more than a little ironic for anyone in Idyllwild to complain it is okay to build a levee and flood Taft Speedway residents because the Taft residents rejected a buyout. In fact, Taft Speedway residents have lived along the river for far longer than Idyllwild residents, and the Taft Speedway residents have admirably accepted the risks of living along the river. The Idyllwild residents, who did purchase property along a river should likewise accept the risk. Iowa City cannot put the levee on property purchased with HMGP (FEMA) funds. I have confirmed this with Ken Sessa of FEMA and John Wageman of Iowa Homeland Security and Emergency Management. Iowa City's own buyout map shows that 3 properties on Taft Speedway were purchased with HMGP funds. 8. Levees are ugly and no amount of dressing them up can make them not look like a levee. A levee across the river from Iowa City Park's river trail is a horrible legacy to leave those who enjoy the river view from City Park. 9. While I appreciate all of the thought that has gone into the recent flood models, I am deeply skeptical that any model, including those based on free software from the Army Corps of Engineers, can predict within a tenth of a foot where flood waters will reach long into the future. This is especially so when one considers all of the human judgment and assumptions that are made in using the model and the changes in terrain and landscape that occur over time. In summary, the river was clearly evident when people bought property along its banks and both sides of the river should be similarly situated when it comes to flooding —a levee should not be built on one side to endanger the other. The property tax base on both sides of the river can be protected through the purchase of flood insurance, and Foster Road can be raised less expensively than a levee can be built. The proposed Idyllwild levee project should go away, and this levee should not be built. Thank you for your attention to this matter. Mary Mary Murphy 890 Park Place Iowa City, Iowa 52246 3191354 -2375 mg94250)mchsi.com IN Marian Karr From: Rick Fosse Sent: Monday, August 01, 2011 9:17 AM To: 'Erica.Pennington @kcrg.com' Cc: Tom Markus; Marian Karr; Council; Ron Knoche Subject: RE: Media question about red flags along Taft Speedway Erica: Our office is not familiar with the red flags that you noted. They were not placed by the City and we do not know what they might represent or their accuracy (assuming they represent something). Please let me know if you have any other questions. Thanks, Rick Fosse Public Works Director From: Erica Pennington <Erica.Penningtongkcry com> Date: July 31, 2011 12:48:52 PM CDT To: "'councilgiowa- city.org "' <council(a iowa-city � Subject: Media question about red flags along Taft Speedway Hello members of the Council, My name is Erica Pennington. I'm a reporter with the Gazette and KCRG. I am doing a short piece to precede Tuesday's vote on hiring a firm to handle a feasibility study of building a levee along Taft Speedway and No Name Road. I was curious whether the Council was aware that there have been red flags tied along the utility poles in the area. Residents of Taft Speedway believe they were put up to show how high the levee will be if it is constructed. Is there any comment /validity of these ideas? If I could get a call back at (319) 538 -4929 as soon as possible that would be wonderful. Thank you, Erica Pennington The Gazette /KCRG This correspondence will become a public record. -_,; -M CITY OF IOWA CITY 14 .."ill +' MEMORANDUM To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Date: July 6, 2011 Re: Formal approval of Towncrest Financial Incentive Grant Programs Introduction: Upon adoption of the Towncrest Urban Renewal Area in December, 2010, staff presented a set of three new grant and financial assistance programs designed to be consistent with the Towncrest Urban Renewal Plan and promoted to property owners and developers with a goal of assisting early investors in the redevelopment of Towncrest. On July 5, 2011 the City Council approved a resolution granting the City Manager the authority to execute grant agreements for the two smaller programs at that time it was noted that the City Council had not formally approved the three programs which is why they will appear on the August 2, 2011 meeting agenda. History /background: The three programs are as follows: Fagade Renovation Program: $25,000 maximum Designed to provide technical and financial assistance to Towncrest property owners or business tenants seeking to renovate or restore commercial building facades including signage and lighting. Approved projects are eligible for a 50% matching grants for the cost of the fagade improvement. The minimum grant amount is $5,000 and the maximum is $25,000. A project may be eligible for a 75% grant matched with 25% from the business if the approved project is being done by a tenant in the building, if the property is vacant, and with improvements and a signed lease for a new tenant, would become occupied, or if the property owner makes significant private investment to the project as a whole where the total private investment in non- fagade elements is equal to or greater than the fagade grant. Predevelopment Design Assistance: $25,000 maximum To encourage the development of projects that can have a transformative impact on the Towncrest area consistent with the vision of the Towncrest Development Plan, these are 50% matching grants of up to $25,000 per project to support predevelopment expenses for projects eligible for the gap financing program. Eligible uses include architectural, structural engineering, and environmental assessment services. Expenses incurred prior to the execution of a predevelopment agreement with the City are not eligible for reimbursement, but may be considered as contributing toward the required 50% owner /developer match. This program is a component of the Gap Financing For Catalyst Projects Program. Gap Financing For Catalyst Projects: up to $300,000 The City seeks to provide gap financing in the form of forgivable loans support to projects that can positively impact the Towncrest area through job creation and retention, retail and professional services and new or enhanced residential opportunities. The "gap" will be calculated by analysis of the amount of private debt that can be secured given the project's net operating income or sales projections, and /or the calculation of reasonable returns to the project developer given their equity investment July 21, 2011 Page 2 in the project and associated risks to that investment. The program was developed because several businesses currently located in Towncrest or considering the area have indicated a preference for new or fully rehabilitated space that is not currently available. Original plans for the three new funding programs required that every request for funds be reviewed by the City Council Economic Development Committee and recommended for approval by the Council. At their meeting on July 5, 2011, Council approved a resolution granting the City Manager authority to execute agreements for the smaller two programs — the Fagade Improvement and Pre - Development Design Assistance programs, to streamline the process and reduce the time constraints for businesses. The Gap Financing For Catalyst Projects Program will continue to require approval of each project by the City Council via recommendation from the City Council Economic Development Committee. Discussion of Solution: Formal approval of the programs will enable the City Manager to enter into agreements for the two smaller programs which have the following parameters: 1. Funds are limited to $25,000 per project 2. Projects require a fifty percent (50 %) match by the Developer 3. Projects will meet all eligibility criteria set forth in the project application, and 4. The projects must enhance the Towncrest area and generally follow guidelines in the Towncrest Urban Renewal Area Design Guide Projects meeting eligibility requirements for the gap financing program will continue to be reviewed first by the City Council Economic Development Committee and then by City Council. Recommendation and Justification: Staff recommends Council approve all three programs: 1) the Towncrest Fagade Improvement Program and 2) the Pre - development Assistance program, which will enable individual projects to be approved administratively, and 3) the larger Gap Financing For Catalyst Projects Program, which will require Council approval. r f z� N 4/) Prepared by: Wendy Ford, Eco. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 1 1 -4 RESOLUTION APPROVING GRANT PROGRAMS IN THE TOWNCREST URBAN RENEWAL AREA FOR FAQADE RENOVATION, PREDEVELOPMENT DESIGN ASSISTANCE AND GAP FINANCING WHEREAS, Council implemented the Towncrest Urban Renewal Plan and adopted the Towncrest Design Guidelines, and WHEREAS, objectives included in the Towncrest Urban Renewal Plan include encouraging and supporting development that will expand the taxable values of property in the area, and to reverse the deterioration of commercial and residential property, and WHEREAS, proposed urban renewal activities to meet the objectives of the plan include making loans, forgivable loans, grants or rebates for development purposes, and WHEREAS, Council has approved budget authority for the Towncrest Urban Renewal Area Grant Programs, and WHEREAS, funds for these grants are available in the Towncrest capital improvements fund account #4514, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Facade Renovation, Pre - Development Design Assistance and Gap Financing Programs are approved as detailed in the attached Request for Proposals for Gap Financing For Catalyst Projects and Predevelopment Design Assistance, and Towncrest Area Facade Improvement Program Guidelines and Application Passed and approved this 2nd day of August , 2011 A W---110 MAYOR Ap roved y ATTEST: ­r� 9CuG`, C I T9)ft- _LE RK City Attorney's Office Resolution No. 11 -264 Page 2 It was moved by Bailey and seconded by ni rkpna the Resolution be adopted, and upon roll call there were: AYES: X x x x x wpdata/glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ABSTAIN: x ! r CITY OF IOWA CITY REQUEST FOR PROPOSALS GAP FINANCING FORGIVABLE LOAN and PRE - DEVELOPMENT DESIGN GRANT ASSISTANCE FOR CATALYST PROJECTS TOWNCREST AREA COMMERCIAURESIDENTIAL DEVELOPMENT OVERVIEW The City of Iowa City has established the Catalyst Project Gap Financing Grant Program and the Pre - Development Design Assistance Program to support the development of commercial, residential and mixed -use projects in the Towncrest area (see Attachment A, Towncrest Urban Renewal Area map). Grants totaling up to $300,000 for eligible catalyst projects are available and matching grants up to $25,000 for pre - development design assistance may also be available. Additional assistance through existing City programs and various state and federal tax credits and /or development assistance programs may also be available. The City is offering gap financing loans and pre - development design assistance grants to encourage commercial and residential development consistent with the goals of the Towncrest Urban Renewal Plan ( "Plan "). Gap financing is the difference between the total funding necessary for a project and the amount of available funding from all other sources. The funding is limited. Applications will be reviewed on a first come, first served basis until funding is depleted. Please contact the City today to discuss your project. 1. GAP FINANCING FORGIVABLE LOAN Gap financing in the form of forgivable loans up to $300,000 may be available to promote the development of one or more projects in the Towncrest area. The extent of gap financing assistance for selected projects will be determined by an analysis of the difference between reasonable project costs and 1) the amount of private debt that can be secured given the project's net operating income or sales projections; and /or, 2) the calculation of reasonable returns to the project's sponsor /developer given their equity investment in the project and associated risks to that investment. The amount of assistance provided may also be evaluated on the basis of the cost per job created or retained, or on the basis of the cost per resident served as appropriate for projects with nonprofit sponsorship or where significant employment and /or service Page 1 enhancements are proposed Other local, state and federal assistance may be available to support proposed projects depending on their eligibility and demonstrated need. The City will provide technical assistance to potential respondents in identifying opportunities for the inclusion of these sources of funds. ELIGIBLE USES OF CITY GAP FINANCING LOAN Gap financing is available to support projects that positively impact the Towncrest area through construction and rehabilitation of commercial, office and residential properties. Priority will be given for the use of City gap financing to support expenses related to the rehabilitation of existing structures and new construction. Gap financing for acquisition expenses will not be considered where significant rehabilitation and /or new construction is not proposed. Gap financing loans will be approved by the City Council. The general definition of gap financing is the difference (or gap) between all reasonable project costs and all other available sources of debt and equity financing. 2. PRE - DEVELOPMENT DESIGN GRANT To encourage the development of projects that can have a transformative impact on the Towncrest area consistent with the vision of the Towncrest Development Plan, 50% matching grants of up to $25,000 per project are available to support predevelopment expenses. Eligible uses include items such as architectural design, structural engineering, and environmental assessment services. Expenses incurred prior to the execution of a predevelopment agreement with the City are not eligible for reimbursement, but may be considered as contributing toward the required 50% owner /developer match. ELIGIBLE PROJECT LOCATIONS Projects may be located anywhere within the Towncrest Urban Renewal Area boundary as described in Attachment A. ELIGIBLE RESPONDENTS Eligible respondents (the project sponsor /owner) under this RFP are for - profit and non- profit entities (individuals or teams) experienced in the development of retail /commercial, residential and /or mixed -use projects. The project sponsor /owner must demonstrate they have the capacity and /or experience to complete the project. PROPOSAL SUBMISSION REQUIREMENTS Three (3) copies of the response to this RFP are required to be submitted in tabbed, sturdy binders labeled with the name of the proposed development, the project location, and the names of the project owner and developer. Tabbed sections of the response must correspond to the following sequence: Page 2 1) Signed letter of interest submitted on the letterhead of the Owner /Developer; 2) Project Summary - a brief but complete narrative description of the development concept and proposed uses; 3) A site plan with a front elevation; 4) A description of the development team (project owner, developer, architect, general contractor, consultants, etc.) including the names of each development team member, their complete contact information and a description of their real estate development experience; 5) Evidence of site control in the form of a contract for sale, option agreement, purchase agreement, deed or a fully- executed ground lease for the intended purpose of the development, including the acquisition and terms of the sale, as appropriate; 6) A description of known or potential issues related to zoning, environmental hazards, utilities or other regulatory or infrastructure issues; 7) A detailed estimate of construction and other development costs by item; 8) A summary of capital funding sources for the project, both construction and permanent as applicable, including evidence of lender interest or commitment, equity commitments and a clear identification of the amount of gap financing requested from the City. Include repayment provisions for all loans and a detailed description of the estimated or committed terms for each source of financing; 9) For rental developments, a 10 -year operating pro forma income and expense statement, including estimated project rents and other income as applicable and vacancy and income and expense escalation assumptions; 10) A description of the target market and anticipated tenant profile for the project, including, where available, letters of interest or committed leases, purchase agreements, etc.; 11) A preliminary schedule for the development of the project. Please submit responses and a letter of introduction to: Wendy Ford, Economic Development Coordinator Department of Planning and Community Development 410 E. Washington Street Iowa City, Iowa 52240 Page 3 CRITERIA FOR SELECTION Priority in the selection of one or more proposals and the commitment of financing will be given to proposed projects that meet the following criteria: Projects of sufficient scale and visibility to serve as an impetus for additional private investment in the Towncrest area. • Projects that support job creation and /or retention. • Projects that generate property taxes or other local government revenues that can support services and additional development incentives for the Towncrest area. • Mixed -use projects that combine retail /commercial and multifamily rental housing and /or homeownership opportunities; • Designs /developments that add to the pedestrian experience; • Projects that employ creative but sensible and economically justifiable "green" development (design, technology, materials, image); • Projects that otherwise advance the interests of the Towncrest Urban Renewal Plan; • Gap financing for Catalyst Project awards are subject to Council approval. The City may accept, accept in part, or reject any and all proposals submitted in response to this request. FOR ADDITIONAL INFORMATION See the Towncrest Urban Renewal Plan at www.icgov.org /towncrest See the Towncrest Design Plan at www.icgov.org /towncrest CONTACT FOR MORE INFORMATION Department of Planning and Community Development, (319) 356 -5230 410 E. Washington Street Iowa City, Iowa 52240 Wendy Ford, Economic Development Coordinator (319) 356 -5248, wendy-ford(a_iowa-city.org or Tracy Hightshoe, Associate Planner (319) 356 -5244, trace -hi htg shoe @iowa -gj .org Page 4 Attachment A Towncrest Urban Renewal Area Page 5 �i 1 -4 CITY OF IOWA CITY PROGRAM GOAL TOWNCREST AREA FACADE IMPROVEMENT PROGRAM GUIDELINES AND APPLICATION The City of Iowa City has established the Towncrest Area Fagade Improvement Program ( "Program ") to provide technical and financial assistance to Towncrest property owners or business tenants seeking to renovate or restore commercial building facades and associated elements, including signage and lighting. The Program seeks to support the economic vitality of the Towncrest commercial corridor and to encourage reinvestment and redevelopment throughout the area by improving the appearance of existing buildings. Promoting a positive image for the Towncrest area will assist in the retention of existing businesses and encourage business expansion and new business attraction. PARTICIPANT ELIGIBILITY The following are eligible as "Program Participants" to receive Program Grants: a. Owners of commercial buildings located in the Towncrest area as identified in Attachment A, Towncrest Urban Renewal Area boundaries. b. Tenants of commercial buildings located in the Towncrest area; provided that the Tenant provides a signed and notarized statement from the owner of the building indicating that the owner has reviewed the proposed improvement and consents to such improvement. ELIGIBLE IMPROVEMENTS Improvements consistent with the Towncrest Design Plan at www.icgov.org /towncrest as identified below are eligible for assistance through the Program: a. Building fagade improvements, including, but not limited to window and door repair; b. Repair and restoration of architectural details; c. Painting; d. Removal of siding or elements inconsistent with the design of the original building; e. Storefront rehabilitation; f. Awnings; g. Fagade lighting; h. Signage; i. Masonry repairs, and tuck pointing; j. Major landscaping improvements where necessitated by City- sponsored streetscape improvements; k. Necessary architectural and other professional services associated with the design and permitting of eligible improvements. Proposed improvements that address one or more of the items identified above, but that do not make a substantial improvement in the appearance of a building's fagade (e.g., signage upgrades without other improvements, awning repairs rather than replacements, etc.) are not eligible. A "building fagade" is defined to include any surface of the building that is clearly visible from the public right of way. A "secondary elevation" is defined as any elevation other than the one with the main entrance and fronting on a public street exposed to public view. Secondary elevations may also be eligible for fagade grants. GRANT AMOUNTS Approved projects are eligible for a grant in the amount of fifty percent (50 %) of the cost of the fagade improvement. A project may be eligible for a grant in the amount of seventy -five percent (75 %) of the cost of the fagade improvement if the City's Program Administrator determines that the approved project meets one of the following criteria: a. A business owner does not own the property in which he or she is investing and the improvements will support services or employment in the Towncrest area. Written permission from the owner must be included with the application materials. b. The property is vacant and the property owner can bring in a quality, viable tenant if the fagade improvements are made. A signed -lease agreement is requested as supporting documentation to meet this criterion. c. The property owner makes significant private investment to the project as a whole where the total private investment in non - fagade elements is equal to or greater than the fagade grant. Receipts for non - fagade elements must be submitted before distribution of any grant dollars in excess of 50% of fagade improvement costs. The minimum grant amount is $5,000 and the maximum grant amount is $25,000. 2 GRANT PROCESS Applicants will make a written application for grants on the Program application (see Attachment B). The completed application must include, at minimum: sufficient information to determine applicant eligibility, building eligibility and improvement eligibility, the address of the building of the proposed improvement, the total estimated cost of the proposed improvement, and the proposed grant amount. The Program Administrator will make a determination of the applicant's eligibility, the building's eligibility and the project's eligibility. The City Manager shall make the final decision approving of denying the grant application. Upon Program grant approval by the City Manager, the applicant will receive a written notice of a grant award and amount. The Program Participant and the City Manager will execute a grant agreement. PERMITS The Program Participant shall be responsible for obtaining necessary building permits and securing a contractor to complete the approved improvement prior to the commencement of work. All contractors used for work funded through the Program must be licensed if required by law and must be able to demonstrate their qualification to perform the authorized work. DISBURSEMENT PROCESS The Program Participant shall make reimbursement requests to Program Administrator in compliance with the provisions of the executed grant agreement. Requests for reimbursement will only be approved after the Program Participant has paid to the contractor the total amount of the improvement costs not covered by the program grant award. The Program Administrator shall verify the payment to contractors and that the improvements are completed in accordance with the grant agreement prior to the approval of a reimbursement request. CARE AND MAINTENANCE OF IMPROVEMENTS Program Participants shall be responsible for the adequate care and maintenance of the improvements for a minimum of five (5) years after of the completion of the work. DEADLINE The funding is limited. Applications will be reviewed on a first come, first served basis until funding is depleted. Please contact the City today to discuss your project. For Program Application or further information, contact: Iowa City Department of Planning and Community Development, (319) 356 -5230 410 E. Washington Street Iowa City, Iowa 52240 3 Attn: Wendy Ford, Economic Development Coordinator (319) 356 -5248 wendy- ford@iowa -city orq or Attn: Tracy Hightshoe, Associate Planner (319) 356 -5244 tracy-hightshoe@iowa- city.org Attachment A: Towncrest Urban Renewal Area boundaries 5 Towncrest Area Facade Improvement Program Application APPI IrATlr)N INFORMATION Attachment B: Contact: Wendy Ford, Program Administrator 410 E. Washington Street Iowa City, IA 52240 (319) 356 -5248 Name: Application Date: Phone: Approval Date: Referred by: Max Grant Amount: DUNS Number: (http://fedgov.dnb.com/webform) Agreement #: Shaded area for office use only BUSINESS INFORMATION Name of Business: Business /Project Owner's Name: Address: Phone: Fax: E -mail: Website: Type of Business: Approx. % of the building occupied by applicant business: Residential its in building? PROPFRTY OWNER INFORMATION Name: Years Owned: Address: Phone: City /State /Zip: PROPOSEDIMRPOVEMENTS Estimated Cost of Improvements: $ I Grant Amount Requested: $ DETAILED DESCRIPTION Please submit a detailed description of your fagade improvement project on a separate sheet. Include visuals if possible and describe all materials and proposed changes to building fagade. CHECK APPROPRIATELY: ❑ 1 own the property in consideration ❑ 1 lease the property in consideration* I have read the Towncrest Fagade Improvement Program and Design Guidelines. I understand that if the proposal is approved, I will make the above improvements to the property in accordance with the Program Guidelines. APPLICANT'S SIGNATURE: n DATE: "If you lease the property in consideration, the Owner must sign below: I acknowledge that the above - signed Applicant is a tenant in a building which I own and that the Applicant has my permission to make the alterations to the building in the manner described above in the event that the Applicant is awarded the grant applied for herein. OWNER'S SIGNATURE: 7 DATE: M� Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5138 RESOLUTION NO. 11 -265 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COLLEGE GREEN PARK LIGHTING REPLACEMENT PROJECT. WHEREAS, Advanced Electrical Services, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $99,259 for construction of the above -named project; and WHEREAS, funds for this project are available in the College Green Park Lighting Replacement Project account #4172. 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 Advanced Electrical Services, 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. 3. The Parks & Recreation Director is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 2nd day of August , 20 11 MAYOR ATTEST: CIT LERK Approved by City Attorney's Office 7 zq% It was moved by Wright and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey _X Champion X Dickens X Hayek X Mims X Wilburn X Wright pweng/ res/ awrdcon- CollegeGreenLighting.doc 7/11 15 NOTICE TO BIDDERS IOWA CITY COLLEGE GREEN PARK LIGHTING REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 28th day of July, 2011. 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 received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 2nd day of August, 2011, or at special meeting called for that purpose. The Project will involve the following: Replacement of the pedestrian lighting system in College Green Park. All work is to be done in strict compliance with the plans and specifications prepared by Shive- Hattery, 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 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 performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days 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 110394 -0 AF -1 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 five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: November 9, 2011 Specified Start Date: August 15, 2011 Liquidated Damages: $200 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the City of Iowa City, City Engineer's office, by bona fide bidders. A $35 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. 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 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, 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 re- quired 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 technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 110394 -0 AF -2 E-02-11 :15 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5138 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONS - RUCTION OF THE COLLEGE GREEN PARK LIGHTING REPLACEMENT PROJECT. WHEREAS, responsible bid of $ WHEREAS, funds for this p oje Project account #4172. NOW, THEREFORE, BE IT R CITY, IOWA, THAT: of for construction of the above -na are available in the College iX submitted the lowest 1roject; and Park Lighting Replacement VED BY THE CITY COUNCIL OF THE CITY OF IOWA 1. The contract for the constructi oft above -named project is hereby awarded to subject to the condition that awardee secure adequate performance and payment nd, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authoriz to sign d the City Clerk to attest the contract for construction of the above -na ed project, su .ect to the condition that awardee secure adequate performance and yment bond, insur ce certificates, and contract compliance program statements. 3. The Parks & Recreat' n Director is authorized to a cute change orders as they may become necessary i the construction of the above -nam project. Passed and approved t day of , 20 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng /res /awrdcon -Col IegeG reenLighting. doc 7/11 the Resolution be i �s Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5145 RESOLUTION NO. 11 -266 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH MARKET SQUARE PARK IMPROVEMENTS PROJECT. WHEREAS, Feldman Concrete of Dyersville, Iowa has submitted the lowest responsible bid of $177,967.60 for construction of the above -named project; and WHEREAS, funds for this project are available in the North Market Square Park Redevelopment account #4320. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to Feldman Concrete, 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. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 2nd day of August 20 11 S _ _ V - MAYOR Approved by ATTEST: 2UjZ�,2 iC 01 CIT LERK 'City Attorney's Office It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X x X pweng /res /awrdcon -N MarketSquarePa rk. doc 7/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright t} NOTICE TO BIDDERS North Market Square Park Improvements Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 21st day of July, 2011, and shall be received in the City Clerk's office no later than said date and time. Sealed propos- als will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat at 7:00 P.M. on the 2nd day of August, 2011, or at such later time and place as may then be scheduled. The Project will involve the following Improvements to North Market Square Park: • Installation of walks, play area, trees, terra seeding and other miscellaneous items. Project includes: Miscellaneous demolition including shelter and PCC shelter pad removal, 3000 SF PCC Basketball Court removal, 4,224 SF PCC Walk removal, play area sand and timber removal, 1402 SY PCC pavement, 300 SY PCC basketball court, Water service extension and Hydrant relocation, Electrical service feeders and, 39,150 SF terra seeding, 20 overstory trees, 25 understory trees and perennial groundcover. All work is to be done in strict compliance with the plans and specifications prepared by Confluence of Iowa City, which has heretofore been approved by the City Council, and is on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. ADVERTISEMENT FOR BIDS AF -1 Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor , and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: Aug. 15th, 2011 Completion Date: October 2011 Liquidated Damages: $500.00 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 Confluence, 9 South Linn Street, Iowa City, Iowa 52240, by bona fide bidders. A $50.00 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. " The deposit shall be refunded upon return of the contract documents within fourteen days after award of the project. If the contract documents are not returned within fourteen days after award and in a reusable condition, the deposit shall be forfeited. " 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 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. 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 will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent ADVERTISEMENT FOR BIDS AF -2 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 technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK ADVERTISEMENT FOR BIDS AF -3 Publish 6128 NOTICE TO BIDDERS North Market Square Park Improvements Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 14th day of July, 2011, and shall be received in the City Clerk's office no later than said date and time. Sealed propos- als will be opened immediately thereafter by he City Engineer. Bids submitted by fa achine shall not be deemed a 'sealed bid' f purposes of this Project. Proposals will b ac d upon by the City Council at a meeting t be Id in the Emma J. Harvat at 7:00 P.M. o the d day of August, 2011, or at such lat time d place as may then be scheduled. The oject will involve the followi g Improve ents to North Market Square P k: In tallation of a Pavilion footi gs, sla s, walks, play area, trees, erra see .ng and other miscella eous items. Project includ s: Miscellaneous de olition including shel r and PCC shel er pad removal, 3000 F PCC Basketb II Court removal, 4,224 S PCC Walk re oval, play area sand and tim r removal, In tallation of Pavilion foundation, PCC stair and slab, 1402 SY PCC pav ment, 3 0 SY PCC basketball court, Wate service xtension and Hydrant relocation, Elec ical rvice feeders and Pavilion lights, 39,1 S terra seeding, 20 overstory trees, 25 un story trees and perennial groundcover. All work is to be done i s ict compliance with the plans and specif' atio s prepared by Confluence of Iowa City hich s heretofore been approved by the ity Coun 'I, and is on file for public examin ion in the ice of the City Clerk. Each proposal sh I be completed o a form furnished by t City, and m t be accompanied in sealed envelope, se rate from the one co taining the proposal by bid bond executed y a corporation authorize to contract as a urety in the State of Iowa, the sum of 1 % of the bid. The bid securit shall be m e payable to the TREASURER OF THE TY OF IOWA CITY, IOWA, and shall be f eited to the City of Iowa City in the event th successful bidder fails to enter into a contr ct within ten (10) calendar days and post b nd satisfactory to the City insuring the faithf I performance of the contract and mai tenance of said Project, if required, pu uant to the provisions of this notice and t e other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, ADVERTISEMENT FOR BIDS AF -1 or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all m 1enals and labor , and also protect and save harmless the City from all claim and damages of any kind caused dir tly or indirectly by the operation of the contr ct, and shall also guarantee the maintenan a of the improvement for a period of five ( year(s) from and after its completion a d formal acceptance by the City. The following limitations shall ply to this Project: Specified Start Date: July 25 2011 Completion Date: October 30M. 2011 Liquidated Damages: $500/00 per day The plans, specification and proposed contract documents may b examined at the office of the City Clerk. C pies of said plans nd specifications and/ form of proposal b nks may be secure at the office of the Co fluence, 9 South nn Street, Iowa City, low 52240, by bona ide bidders. A $ .00 deposit is required for each set of plans d specific ions provided to bidders or other 'nterested ersons. The fee shall be in the fo of a check, made payable to: Treasurer f the ity of Iowa City, Iowa. " The deposit sha b refunded upon return of the contract docu ents within fourteen days after award of t project. If the contract documents re of returned within fourteen days after and d in a reusable condition, the deposi shall b forfeited. " Prospe tive bidd s are advised that the City of I wa City des es to employ minority contrac rs and sub ontractors on City projec . A listing of min rity contractors can be o ained from the to a Department of Eco mic Development a (515) 242 -4721 and the Iowa Department o Transportation Co tracts Office at (515) 239- 422. idders shall list on the Forri of Proposal t e names of persons, firms, companies or ther parties with whom the bidder,, intends to subcontract. This list shall include the type of work and approximate subcontract artgount(s). The Contractor awarded the contract shall submit a list on the Form of Agreemenf;of the proposed subcontractors, together \with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preferen will be given to products and provisions grow and coal produced within the State of Iowa, ADVERTISEMENT FOR BIDS AF -2 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 technicalities and irregularities. Published upon order of the City Council f Iowa City, Iowa. MARIAN K. KARR, CITY CL ADVERTISEMENT FOR BIDS AF -3 CITY OF IOWA CITY 17 MEMORANDUM Date: July 26, 2011 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director Re: Consultant Agreement Eastside Recycling Center Project — Amendment No. 1 August 2, 2011 Introduction Shive - Hattery, Inc. was contracted in October 2, 2007, to provide consultant services for the design and construction administration of the Eastside Recycling Center Project. The rejection of the first bid of this project and a variety of changes in scope have contributed to the need for a contract amendment. Background and History The consultant generated bid documents for the project in the spring of 2008. The project was originally bid on June 10, 2008, during the flood and just prior to the burst of the economic bubble. Subsequently, a single bid, significantly higher (41%) than the original cost opinion was submitted. The single bid was rejected by the City. Following the rejection of the bid, the consultant worked with the City to develop options to reduce project costs. The project was repackaged to be bid in spring of 2009, but uncertainties in the economy and budget required a further postponement until the spring of 2010. The project was rebid April 15, 2010, and five bids were received. The low bid was $3,784,000.00. The bid estimate was $4,441,000. Services and reasons for Amendment: 2008 Design In the original construction document development there were additions and modifications requested by the City. They are as follows: Description Fee 1. Evaluate payback with replacement of the Restore heating and cooling system; $4,500 incorporate IT connection to trunk line; relocate loading dock. 2. Design a replacement HVAC system for sales area. $8,100 3. Design a replacement ceiling with associated replacement ceiling with $10,000 associated electrical and mechanical in the sales area. 4. Design and detail a Bulk Water Building. $4,500 Total $27,100 2009 Design Following the unsuccessful 2008 bid, Shive - Hattery Inc., developed many options to reduce costs, some incorporated into the 2009 bid documents; the bid packages were also realigned with a multi - package approach. The total effort expended for this work was $42,000.00, though not contractually obligated, Shive - Hattery absorbed the fee for these services for their role in the unsuccessful bid, and they will not request compensation for these services. July 26, 2011 Page 2 2010 Design The delayed 2009 bid to the spring of 2010, had additional design costs associated with updating the documents. Shive - Hattery had expended $29,400, but this was negotiated to $15,000. Also, there were two additional design modifications that were added to the scope, expansion to the parking area that was to be constructed, and adding a north entryway to Restore. These services were rendered on a time and materials basis at $4,803.00. 2010 Bid phase Shive - Hattery will not request compensation for the second bid phase effort. The resultant effort expended was $17,615.00. This will be absorbed by the consultant. LEED Expenses allowance Since this project had already been submitted for LEED certification before it was rebid, there may be additional fees for review and certification up to $10,000. The consultant is working on the owner's behalf to have these fees waived. Reimbursable Expenses Reimbursable expenses were estimated at $25,000 for the original 2007 agreement. By the 2010 bid release, the consultant incurred $41,000 in reimbursable expenses. Part of the increase is due to the bid document printing invoices for 2010 bid phase was $21,400; compared to printing sets for 2008 of approximately $11,000, due to an increase of activity between the two bid seasons. Reimbursables include printing, reproductions and postal fees. A request to increase has been negotiated to a total of $50,000. Outline of negotiated consultant amendment fee items: Fee amendment Item 2008 Bid Package Scope Increase $ 27,100 2009 Bid Package Development [$42,000 - Absorbed by consultant] no fee 2010 Bid Package Update [$29,400, negotiated to:] $ 15,000 2010 Bid Package Scope Increase $ 4,803 2010 Bid Services [$17,615 - Absorbed by consultant] no fee LEED Expenses Allowance, increased estimated cap by $ 10,000 Reimbursable Expenses Allowance, increased estimated cap by $ 25,000 The original contract agreement was for $257,340 for design through construction administration including reimbursables and LEED expenses. Recommendation Staff recommends proceeding with this negotiated agreement Amendment No. 1 for the consultant services. cc: Dave Elias, Superintendent of Water Kumi Morris, Architectural Services Coordinator w/ pwad m i n /memos /S h iveAg ree me nt7 -2011 M� Prepared by: Kumi Morris, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5044 RESOLUTION NO. 11 -267 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE OCTOBER 2, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO PROVIDE ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES FOR THE EASTSIDE RECYCLING CENTER PROJECT (2401 Scott Boulevard). WHEREAS, the City of Iowa City entered into a contract on October 2, 2007 for consulting services with Shive - Hattery, Inc. of Iowa City, Iowa, to provide design and construction administration services for the Eastside Recycling Center (2401 Scott Boulevard); and WHEREAS, the proposed scope and services of the improvements to the East Side Recycling Center and the Restore facility has been increased and multiple bid packages have been developed; and WHEREAS, this project was originally bid in Spring of 2008, but two events affected the original bid environment, first dramatic increase in cost of construction materials, and second was the unprecedented flood event. Consequently, there was a single bid, significantly higher than the original cost estimated submitted; and WHEREAS, in order to control the construction costs, the Consultant made significant modifications to the plan, such as separating the project into two bid packages and constraining the LEED package to the Education Center; and WHEREAS, the City further delayed the project from 2009 until spring of 2010, and five bids were received and the construction contract was awarded to Knutson Construction; and WHEREAS, the City of Iowa City has renegotiated the fees and composed Amendment #1 to the Agreement for said consulting services with Shive - Hattery, Inc., of Iowa City, Iowa, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shive - Hattery, Inc.; and WHEREAS, funds for this project are available in the Eastside Recycling Center account #3316. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement Amendment attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement Amendment in duplicate. Passed and approved this 2nd day of August 2011. ATTEST: CI -ERK Pweng /res /eastsiderecycl i ng- shivehattery-amd. doc Approved by City Attorney's Office (- Resolution No Page 2 11 -267 It was moved by Mims adopted, and upon roll call there were: AYES: and seconded by Champion the Resolution be NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata/gIossary/resolution -ic. doc CONSULTANT AGREEMENT- EASTSIDE RECYCLING CENTER AMENDMENT NO. 1 THIS AMENDMENT to the October 2, 2007 CONSULTANT AGREEMENT for the development of the Eastside Recycling Center, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive - Hattery, Inc., of Iowa City, hereinafter referred to as the Consultant, is made and entered into this 2nd of August 02011. WHEREAS, the proposed scope of the improvements to the East Side Recycling Center and the Restore has been increased and multiple bid packages have been developed; and WHEREAS, this project was originally bid in Spring of 2008, but two events affected the original bid environment, first the uncontrollable global increase in the cost of construction materials, and second was the unprecedented flood event that was at the peak of June 15, 2008. Subsequently, a single bid, significantly higher than the original cost opinion was submitted; and WHEREAS, in order to control the construction costs, Consultant made significant modifications to the plans, such as separating the project into two bid packages and constraining the LEED package to the Education Center; and WHEREAS, the City delayed the project from 2009 until the Spring of 2010. Five bids were received and the construction contract was awarded to Knutson Construction. NOW THEREFORE, it is agreed by and between the parties hereto that the parties do now amend the Consultant Agreement as follows: I. Add the following to Section I Scope of Services, Construction Document Development: 1. Evaluate payback with replacement of the Restore heating and cooling system, incorporate an IT connection to the trunk line and relocate the dock (amended fee increase $4,500). 2. Design of a replacement HVAC system for the Sales Area (amended fee increase $8,100). 3. Design of a replacement ceiling with associated electrical and mechanical in the Sales Area (amended fee increase $10,000). . 4. Design and detailing of a bulk water enclosure (amended fee increase $4,500). 5. Add a new door to the Restore and expand the parking area (amended fee increase $4,800). 6. Modify documents to re -bid the project in 2010 (amended fee increase $17,600). II. Amend Section II Time of Completion Schedule accordingly: Revise the Accept Bids deadline to February 2010; Add Construction Administration deadline to be Final release of Final Retainage for Construction Contract. 106171 -2 -2- III. Amend Section IV. Compensation for Services lump sum fee schedule by deleting the original fee amounts and replacing them with the following amounts: Design Development (originally $47,300) $ 58,338.50 Construction Document (originally $94,770) $111,847.00 Bid (Originally $8,400) $ 10,330.50 Construction Administration (originally $34,970) $ 43,137.50 LEED Desian and Administration ( oriainally $26.900)$ 33.186.50 TOTAL (originally $212,340): $261,840.00 IV. Amend Section IV. Compensation for Services project - related expenses by deleting the original allowance amounts and replacing them with the following amounts to reflect an increase in reimbursable and LEED expenses: Reimbursable Expenses (original allowance $25,000) $50,000 LEED Expenses (original allowance $5000) $15,000 Commissioning Authority (allowance, no change) $15,000 Subtotal Reimbursable Expenses (originally $45,000) $80,000 V. All other provisions of the October 2, 2007, Consultant Agreement not specifically amended herein shall remain in full force and effect. FOR THE CITY _ FOR THE C S C TA By: � - K l A By: Mark T. Seabold, AI Title: Mayor Date: Augmgt 9 9n] I ATTEST:���� City Olerk pwlforms%con sag mt.frm 106171 -2 Title: Proiect Architect Date: Approved by: City Attorney's Office 2la'7 )J Date r =`9:,® CITY OF IOWA CITY �$ MEMORANDUM DATE: July 26, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Sidewalk Cafe Agreement with Thai Spice Cafe, 213 Iowa Avenue, Iowa City, Iowa — August 2, 2011 Introduction: Thai Spice Cafe desires to utilize public right -of -way along Iowa Avenue to operate a sidewalk cafe adjacent to their restaurant at 213 Iowa Avenue. History /Background: This is an initial application for a sidewalk cafe at this location. The Sidewalk Cafe Committee discussed this application and is recommending approval for operation of a sidewalk caf6 at this site as it meets all regulations. Discussion of Solution: To enable Thai Spice Cafe to operate a sidewalk caf6, staff has drafted a License Agreement between the City of Iowa City and Thai Spice Cafe. This Agreement will allow Thai Spice Cafe to install, operate, and maintain a sidewalk caf6. The agreement expires on February 1, 2012, as do all sidewalk caf6 agreements. Recommendation: Staff recommends the authorization of the License Agreement with Thai Spice Cafe, 213 Iowa Avenue at the August 2, 2011 council meeting. cc: Rick Fosse, Public Works Director 9 ( v Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 1 1 -26 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT THAI SPICE INC., D /B /A THE THAI SPICE CAFE, 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, Three Guys Holdings LLP, as landlord, and Thai Spice, Inc., d /b /a The Thai Spice Cafe, as tenant, applied for a temporary use of the public right -of -way at 213 Iowa Avenue, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; 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, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 2nd day of August , 2011. MAYOR ATTEST:�� CIT LERK A proved b City Attor y' ffic'e Resolution No. 1 1 - ?6R Page 2 It was moved by Bailey and seconded by l)i rkPnG the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata /glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright RESOLUTION NO. 11 -269 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, Tyrone Dye has filed a workers' compensation petition with the Iowa Workers' Compensation Commissioner against the City of Iowa City involving alleged at work injuries and claiming permanent and total disability; and WHEREAS, all parties in this matter have arrived at a proposed mediated settlement agreement and wish to resolve these claims without further administrative action and/or litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Mr. Dye an amount not to exceed $50,000, along with a Medicare set aside of $8,294.07, based on the proposed mediated settlement contingencies, in full satisfaction of any and all claims which the claimant and/or parties may have against the City in the above matters, and in consideration of the claimant's full release, closure and dismissal of all claims. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: All workers' compensation claims against the City of Iowa City as filed by Tyrone Dye should be and is hereby approved for settlement, per the terms of the proposed mediated settlement agreement, and said settlement, as previously discussed in executive session on August 1, 2011, is hereby ratified for a sum not to exceed $50,000, along with a Medicare set aside of $8,294.07, per the contingencies and terms outlined in the proposed mediated settlement agreement, payable to Tyrone Dye and his attorney of record, in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, per the contingencies and terms outlined in mediation and contingent upon execution of all appropriate releases, dismissals and file closures from all workers' compensation claims with prejudice. Passed and approved this 2nd day of August MAYOR A e ATTEST: CIT ERK City Att rney's Ifice Resolution No. 11 -269 Page 2 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpd ata/g I ossa ry/res ol u tion-ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright