HomeMy WebLinkAbout2023-08-01 ResolutionPrepared By:Ben Clark, Sr. Engineer
Reviewed By:Kumi Morris, Facilities Manager
Juli Seydell Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Engineer's Report
Resolution
Item Number: 5.b.
August 1, 2023
Resolution accepting the work for the Mercer Aquatic Center Pool Dehumidification System
Improvements Project.
Executive Summary:
The Mercer Aquatic Center Pool Dehumidification System Improvements Project was
completed by Universal Climate Control, Inc. of Coralville, Iowa in substantial accordance
with the plans and specifications prepared by Shive-Hattery, Inc., of Iowa City, Iowa. The
Engineer’s Report and Performance and Payment bonds are on file with the City Clerk.
Project Estimated Cost: $481,000.00
Project Bid Received: $621,433.00
Project Actual Cost: $645,590.16
There were three (3) change orders on this project, which included additional work for the
Building Automation System controls, additional duct work and return grill in the chemical
room, replacing an exterior rooftop access ladder, upsizing a louver and installing privacy
slats that were not part of the original contract.
Background / Analysis:
The 2012 City Space Needs Study and Master Plan identified the Heating, Ventilation, and
Air Conditioning (HVAC), mechanical and electrical systems as deficient, energy inefficient
and requiring code updates throughout the facility. This project replaced the infrastructure’s
aging HVAC system and improved the building’s air quality to meet the current building code.
The current code requires more fresh outdoor air supply, even air distribution,
dehumidification and proper exhaust for a healthy environment for the building and the pool
patrons. Another benefit of meeting the current code is that it will result in a reduction of use
of pool chemicals.
5,
Prepared by: Ben Clark,Engineering Division,Public Works,410 E.Washington St.,Iowa City,IA 52240(319)356-5436
Resolution No. 23-206
Resolution accepting the work for the Mercer Aquatic Center
Pool Dehumidification System Improvements Project
Whereas, the Engineering Division has recommended that the work for construction of the Mercer
Aquatic Center Pool Dehumidification System Improvements Project, as included in a contract
between the City of Iowa City and Universal Climate Control, Inc. of Coralville, Iowa dated March
22, 2021, be accepted; and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Clerk's office; and
Whereas, funds for this project are available in the Mercer Park Pool —
Dehumidification/Tuckpointing account#R4369; and
Whereas, the final contract price is $645,590.16.
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 1st day of August , 2023
M r
Approved by
Attest: L o n L._
City Clerk City Attor ey s Office
(Sara Hektoen—07/26/2023)
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Prepared By:Dan Striegel, Equipment Superintendent
Reviewed By:Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$236,177 - funds are available in account #81710520
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 5.c.
August 1, 2023
Resolution authorizing the procurement of one (1) new aerial bucket truck.
Executive Summary:
At the August 1, 2023 City Council meeting, consideration will be given to a resolution
authorizing the procurement of one (1) new aerial bucket truck. Truck will include an Altec
model AT41S articulating and telescoping aerial device with a two-person platform mounted
on a new Ford F550 4x4 chassis.
Sourcewell Cooperative contract 110421-ALT will be utilized for the procurement of the turn-
key aerial bucket truck from Altec Industries in Birmingham AL. Price of the truck with
contract discount is $236,177 as per Altec/Sourcewell quote #1434348 dated July 18, 2023.
Current order to delivery time is estimated at two to three years.
Funding for this purchase is available in account #81710520.
Background / Analysis:
The Traffic Engineering Division has one two-person bucket truck (Unit #312- 2001
International 4700) in their fleet that has exceeded its life expectancy and is scheduled for
replacement. The truck is used for traffic signal and on-street lighting maintenance and
repair, hanging banners, and other high-reach tasks.
Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246(319)356-5197
Resolution No. 23-207
Resolution authorizing the procurement of one (1) new aerial
bucket truck.
Whereas, an aerial bucket truck in Traffic Engineering Operations is scheduled for replacement;
and
Whereas, Sourcewell cooperative contract 110421-ALT will be utilized for the procurement of the
aerial bucket truck; and
Whereas, the total purchase price of the truck is $236,177.00; and
Whereas,the amount exceeds the City Manager's spending authority of$150,000.00,thus requiring
City Council approval; and
Whereas, funds for this purchase are available in account 81710520; and
Whereas, approval of this procurement is in the public interest.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The proposed procurement as described above is approved.
2. The City Manager is authorized to take the steps necessary to effectuate the purchase and
approve any change orders that may develop during the manufacturing process.
Passed and approved this 1st day of August , 2023
Ma
Approved by
Attest: .Lj_Q'j :p k)) Q C,P
City Clerk City Attor ey's Office
(Sue Dulek-07/20/2023)
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Prepared By:Geoff Fruin, City Manager
Reviewed By:Darian Nagle Gamm, Director of Transportation Services
Fiscal Impact:Expenditures will vary based on the number of rides
provided. Sufficient funds are budgeted annually in
Transportation Services.
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
28E Agreement
Item Number: 5.d.
August 1, 2023
Resolution authorizing the Mayor to sign and the City Clerk to attest the 28E Agreement
between the City of Iowa City and Johnson County for the contracting of paratransit service
within the corporate limits of Iowa City.
Executive Summary:
This resolution approves the 28E agreement for Iowa City to contract with Johnson County for
paratransit services within the corporate limits of Iowa City for FY2024 through FY2028.
Background / Analysis:
Iowa City has contracted with Johnson County for several decades to provide federally
required paratransit service along with our fixed route transit system. This agreement extends
the contractual agreement another five years through FY 2028. While the agreement is
largely the same as the previous five-year agreement, there are a couple notable changes.
During the fare-free transit pilot, rides completely within Iowa City (origin and destination) will
also be fare-free and Iowa City will not receive revenue to offset those trip costs. Further, this
agreement allows other jurisdictions (i.e. Coralville and the County) to voluntarily charge a
fare for trips that cross from Iowa City into their jurisdiction. For example, Coralville will be
permitted to charge a fare for a ride that begins in Iowa City but ends in Coralville. Coralville
and Johnson County have confirmed with State and Federal officials that such charges are
authorized.
Secondly, Iowa City currently provides thirteen vehicles to SEATS to help provide paratransit
service. SEATS has expressed that a fourteenth vehicle is needed to overcome vehicle
maintenance downtime and prepare for an expected growth in ridership. While ridership is
still well below pre-pandemic peaks it is rising and there is a concern that fare-free trips will
place more stress on the vehicle fleet. Thus, the language has provisions that specify that a
fourteenth vehicle may need to be procured by Iowa City during this contractual period.
Iowa Secreta of State Pts OF/o� FILED
321 East 12th Street rf�,'
N ?uuWr`y r' Filing Date:08/03/2023 05:00 PM
Des Moines, IA 50319 p SE ;cr • Filing Number: M516279
' RY
sos.iowa.gov
28E Agreement
Participants
Full Legal Name Organization Type County
Party i City of Iowa City City Johnson
Party 2 Johnson County County Johnson
Participants
400-TRANSPORTATION
Service Type
Agreement between the City of Iowa City and Johnson County for the contracting of paratransit service within the corporate limits of Iowa City.(Res
23-208)
---- -------------- - —--- -
Purpuee
06/30/2028
Duration --------------- --_
Contact Person: (Optional)
Kellie
Contac!First Name
Grace
Contact Last Name
City Clerk
Job Title
City Clerk
Department
319-356-5041
Phone Number
Prepared by: Geoff Fruin; City Manager's Office, Iowa City, IA 52240(319)356-5010
Resolution No. 23-208
Resolution authorizing the Mayor to sign and the City Clerk to attest
the 28E Agreement between the City of Iowa City and Johnson County
for the contracting of paratransit service within the corporate limits of
Iowa City.
Whereas, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by
a public agency of this state may be exercised jointly with another public agency having such power; and
Whereas, it is in the mutual interest of the City of Iowa City and Johnson County to encourage the use of
public transit; and
Whereas, the parties have negotiated a 28E Agreement for the contracting of paratransit services for
FY2024—FY2028, a copy of which is attached and incorporated herein.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The attached 28E Agreement for paratransit services between the City of Iowa City, Iowa, and
Johnson County, Iowa is hereby approved in substance, and the Mayor is hereby authorized to
execute and the City Clerk to attest to a 28E Agreement for paratransit services with Johnson
County that makes no material changes in substance.
2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa,
as required by Iowa Code Chapter 28E.
Passed and approved this 1st day of August, 202-. �--
1
May•i
Approved by
Attest: w1p P
City Clerk City Attorn 's Office
(Jennifer Schwickerath —07/20/2023)
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
AYES : NAYS : ABSENT :
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
28E Agreement for Paratransit Service between the City of
Iowa City and Johnson County for the period of August 1,
2023 through June 30, 2028
This Agreement is made and entered into by and between the City of Iowa City, Iowa,
hereinafter referred to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as the
"County".
Scope of Services
The County shall provide to Iowa City through Johnson County SEATS paratransit service
consistent with the Americans with Disabilities Act("ADA").
General Terms
1. Paratransit service area for Iowa City shall be the corporate limits of the city of Iowa
City.
2. Paratransit service shall be operated within 3/4 miles of a mile from the Iowa City transit
fixed route service. Johnson County SEATS will operate paratransit service the same
times and days of the week as the Iowa City fixed route service. The paratransit service
shall operate a holiday schedule consistent with Iowa City Transit. Iowa City shall give
30 days' notice to the County prior to any changes in paratransit service.
3. Paratransit service shall be operated as an origin to destination service. Service will be in
compliance with the "SEATS Riders Guide" as amended. Johnson County SEATS
operators shall be sensitive to the needs of passengers with disabilities.
4. Any change in service resulting in a substantial change in operating costs shall be cause
for renegotiating the County's fmancial responsibility described below. Said
renegotiation shall be conducted in good faith and begin no later than 30 days after said
service changes take effect. Failure of the parties to successfully renegotiate the amount
of the County's responsibility hereunder shall be grounds for termination of the
agreement at the end of the fiscal year in which the changes take effect.
5. The paratransit service shall be operated with a fare which shall be twice the Iowa City
fixed route fare. Paratransit fares collected shall be retained by the County and be
considered as payment toward the cost of services provided to the City of Iowa City. If
no fare is collected for a ride that is an Iowa City trip as defined by Section 15 of the
agreement (such as if Iowa City moves to a zero-fare system), then Iowa City will not
receive credit for any fares that might be legally charged by another jurisdiction for said
ride (i.e. the ride originates in Iowa City and ends in a different jurisdiction). Any other
fare collected on behalf of any contracting agency and administered by the paratransit
provider will not affect the agreement with Iowa City.
Page 1 of 17
6. Maintenance for all vehicles owned by Iowa City shall be completed by Iowa City. This
includes, but is not limited to, parts, labor and transportation for all routine and
preventative maintenance, emergency repairs, etc. Installation and repair of lifts are also
the responsibility of the City. Iowa City provides thirteen vehicles used to provide the
previously described paratransit service. If at any point during the agreement period total
Iowa City revenue hours for a completed fiscal year exceeds 30,000, or, for a completed
3-month quarter exceeds 10,000, then Iowa City will provide a fourteenth vehicle to
assist in meeting the increased demand for service. The County will not notify Iowa City
that the City must procure a 14th vehicle until July 2024 at the earliest.
• If the 30,000 revenue hours threshold is met in FY 24 (July 2023 through
June 2024) or if the 10,000 revenue hours threshold is met in any quarter—
then Iowa City will begin the process of procuring a 14th vehicle (used or
new) no later than August 31, 2024 unless
o Iowa City's City Council decides to return to a fare required
service after the pilot program ends July 31, 2025
and
o the Iowa City SEATS revenue hours go below 30,000 per fiscal
year or below 10,000 per quarter.
• If the City returns to collecting fares, then the County and the City can
also reassess the need for vehicles beginning July of 2025.
The increase in demand is anticipated after Iowa City becomes a zero-fare transit City. In
the event that Iowa City receives approval from the Iowa Department of Transportation
to replace one of these vehicles and IDOT provides the option for Iowa City to keep the
vehicle that is being replaced for one year after the replacement vehicle is acquired, the
replaced/retired vehicle shall be made available for paratransit service in the event that
one or more of the primary vehicles are out of service, unless that replaced/retired vehicle
becomes cost prohibitive to maintain for service and Iowa City determines it is cost
prohibitive to maintain that vehicle for service. Iowa City shall also be responsible for
insuring its vehicles against accidental or catastrophic loss due to fire, earthquake, flood
or other natural disaster. Iowa City shall, upon request by the County and no less than
quarterly, provide the County with detailed records indicating the timing and details of
maintenance done on its vehicles. The County is responsible for the cost of maintenance
and repairs that occur as a result of an accident occurring due to SEATS driver error or
negligence while the vehicle is being operated by a County employee. Iowa City is
responsible for maintenance and repairs that occur as a result of an accident occurring
due to improper repairs by Iowa City or mechanical malfunctions associated with
maintenance done by Iowa City. In the event that any of the thirteen primary vehicles
needs to be replaced during the course of this contract or in the event that Iowa City must
purchase a fourteenth vehicle, Johnson County encourages Iowa City to prioritize the
selection of replacement vehicles based on optimal fuel efficiency and low emissions.
Page 2 of 17
Johnson County may be willing to assist with the cost of the acquisition of new vehicles
that meet suitable fuel efficiency and/or low emissions criteria.
7. Vehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly
marked as City of Iowa City and Johnson County paratransit vehicles — with the option
of cobranding allowed (such as if additional jurisdictions decide to adopt uniform
signage). Iowa City shall provide signage for the purpose of identifying vehicles that are
in use as Iowa City-Johnson County paratransit vehicles. Vehicles and personnel used to
provide Iowa City-Johnson County paratransit service shall be neat and clean in
appearance. Iowa City will continue to have the option to use the vehicles from the Iowa
City paratransit fleet when not assigned to Johnson County SEATS paratransit service.
In order to maintain operational efficiencies, vehicles owned by the City of Iowa City
may be used across jurisdictions serviced by Johnson County SEATS.
8. The County shall be familiar with the Americans with Disabilities Act, as amended, and
will conduct paratransit service consistent with it and with the complementary service
requirements for Iowa City transit. Iowa City makes determinations of Iowa City resident
rider eligibility based upon an ADA certification process. Iowa City is responsible for its
rider application process and for complying with the ADA regarding rider applications.
It shall be Iowa City's responsibility to notify Johnson County SEATS as to whether the
Iowa City resident applicant is ADA eligible. Priority for paratransit service will be
given to persons certified under the ADA.
9. Johnson County SEATS shall maintain reporting as required by the Federal Transit
Administration. In addition Johnson County SEATS shall provide a management
information system consisting of information for each trip provided. This information
shall be submitted to Iowa City as a monthly report no more than twenty days from the
end of the previous month. Johnson County shall use a computerized management
infoiivation system enabling Iowa City to receive information in a summary format,
commonly identified as the "Performance Summary Report". If Iowa City requests
additional reports, the County will provide them; the County prepares the additional
reports and can charge its cost to prepare them to Iowa City — Iowa City pays the
County's cost for preparing the additional reports.
10. Johnson County SEATS shall comply with the Federal Transit Administration Drug and
Alcohol testing requirements and shall be responsible for meeting all FTA requirements.
The County shall certify that they have not been debarred from federally funded
contracting. Johnson County SEATS shall comply with any other requirements of the
Federal Transit Administration. Johnson County SEATS employees shall have all
commercial drivers' licenses required by Iowa law. SEATS employees are employees of
Johnson County. Iowa City shall not be responsible for the acts of SEATS employees.
Johnson County employees are not agents of the City of Iowa City.
11. Johnson County SEATS shall submit proof of insurance meeting the City of Iowa
City requirements, which include:
Page 3 of 17
A. $2 Million in Non-Owned Auto Liability Insurance with Iowa City added
as an additional insured.
B. $100,000 in Hired Auto Physical Damage Insurance
C. Proof of workers compensation coverage.
Any changes to those requirements would be considered a proposed amendment to this
agreement.
12. Each party agrees to release, indemnify and hold the other party, its officers and
employees harmless from and against any and all liabilities, damages, business
interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all
costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or
charged to, the other party by reason of any loss or damage to any property or injury to or
death of any person arising out of or by reason of any breach, violation or non-
performance by the party or its servants, employees or agents of any covenant or
condition of this Agreement or by any act or failure to act of those persons. The County
shall not be liable for its failure to perform this Agreement or for any loss, injury,
damage or delay of any nature whatsoever resulting therefrom caused by any act of God,
fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause
beyond the County's control.
13. Iowa City shall continue to apply for federal capital assistance for replacement of
vehicles. Iowa City shall be responsible for all local match funds for vehicles scheduled
for replacement or to be added to the Iowa City fleet.
14. Johnson County SEATS and Iowa City Transit agree to the terms contained in Exhibit A,
attached and incorporated herein by this reference.
15. For the purposes of this Agreement, the County shall be responsible for Johnson County
trips, Iowa City shall be responsible for Iowa City trips, Coralville shall be responsible
for Coralville and North Liberty trips, and University Heights shall be responsible for
University Heights trips. In an effort to maintain the efficiency of service provided to all
entities, Iowa City and Iowa City vehicles may be used as a part of the Johnson County
SEATS system and therefore be allowed to cross into other jurisdictions.
A Johnson County trip shall include any trip taken by a resident of Johnson County who
does not live in Iowa City, Coralville,North Liberty or University Heights; any trip that
starts or ends within Johnson County but outside of Iowa City, Coralville,North Liberty
or University Heights in said service areas; and any trip taken that is paid for pursuant to
the County's contract with Pathways.
An Iowa City trip shall include any trip that starts in Iowa City and ends in Iowa City or
Coralville, except any such trip that would otherwise be considered a Johnson County
trip.
Page 4 of 17
A Coralville trip shall include any trip that starts in Coralville and ends in Coralville or
Iowa City, except any such trip that would otherwise be considered a Johnson County
trip.
A North Liberty trip shall include any trip that starts or ends in North Liberty, except any
such trip that starts in University Heights or would otherwise be considered a Johnson
County trip.
A University Heights trip shall include any trip that starts or ends in University Heights,
except any such trip that starts in North Liberty or would otherwise be considered a
Johnson County trip.
Compensation and Duration
This agreement shall be for a period of five years effective August 1, 2023 through June 30,
2028. This agreement may be modified at any time by mutual written agreement of the parties.
The contracted amount contained herein represents the County's full and complete financial
responsibility toward mandated paratransit services contracted to the cities of Iowa City by
Johnson County SEATS based on the terms of this agreement. For fiscal year 2023 (July 1, 2022
— June 30, 2023) Iowa City will receive cost participation funds in the amount of$189,401.04
from the County, payable in equal monthly credits during the course of that term. The amount of
cost participation funds for fiscal year 2023 shall serve as the baseline for FY24 (July 1, 2023 —
June 30, 2024). The County's cost participation funding shall be increased for FY24 and
thereafter annually for each year of the contract by the same percentage that the County's actual
costs increased as determined by the previous three fiscal years average, but in no event more
than 3% in any given year.
The County shall invoice Iowa City monthly for the operating costs associated with providing
paratransit services under this Agreement. These costs shall be in relation to the number of Iowa
City rides and the cost per revenue hour to provide them. The monthly invoice shall show in
detail Iowa City's monthly operating costs, less fare revenues (if any), Medicaid waiver revenues
and the County's cost participation referenced above. Iowa City shall pay the monthly cost
within thirty (30) days of receipt of the invoice. If either party chooses to terminate this
agreement, a one-year written notice must be provided. Should the agencies wish to enter into a
28E Agreement for contracted paratransit services beginning in FY2029, staffs shall begin
negotiations prior to July 1, 2027.
Extent of Agreement
1. No separate legal entity is established by this Agreement.
2. This Agreement is between public agencies contracting to perform governmental service
pursuant to Iowa Code Section 28E.12.
Page 5 of 17
3. Pursuant to Iowa Code Section 28E.8(1)(a) (2023) Iowa City shall file this Agreement, in
an electronic format, with the Secretary of State of Iowa in the manner specified by the
Secretary of State.
4. The department head that oversees SEATS shall administer this Agreement and the
services described in it. The Agreement does not provide for the acquisition of joint
personal or real property.
5. The Agreement represents the entire agreement between Iowa City and Johnson County
for paratransit service. It may be amended only by a written instrument signed by both
parties.
Assignment
This Agreement is not assignable without written consent of both parties.
Dated this Zrilk day of J(it J 20 �i j .
'
CITY OF IOWA CITY J SON COUNTY IOWA
By: ( By:
:BRe;Teague, Mayor Li Green-Dou ass, Chair
'' ll T
Attest: �(,. f')othLa5e-- Attest: S� b L— City
Clerk County Auditor
Approved by:
Ci Attorney's Office
Page6of17
CITY ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this , S+ day o i,C -� , 20 a') ,before me,
s (,U'J4 , a No�, rc,PPublic in and for the State of Iowa,
personally appeared Bruce Teague and Kellie h i 7o 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. 2-3-2D passed
by the City Council, on the ) s"- daap�f tJ -s-- , 20 Z? , and that
Bruce Teague and Kellie l .rachtitr aowledged the xecution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily
executed. CW/Met/t4t—‘ ',/,(/&(444,44--,
..Am.�,. TAMARA NEUMANN Notary Public in and for the State of Iowa
Commission Number 838058 My commission expires:
* * MY COMMISSION EXPIRES
rlOin MARCH 14,2025;
COUNTY ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this / day of Jv , 20 23 ,before me,
(Si] V1W-e ne er , a Notary Public in and for the State of Iowa,
personally appeared Lisa Green-Douglass and Travis Weipert,to me personally known, and,
who,being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors
and County Auditor,respectively, of the County of Johnson, Iowa;that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation,by authority of its Board of Supervisors, as contained in
the Motion adopted by the Board of Supervisors, on the 7.11... day of July -
, 20 2 3 , and Lisa Green-Douglass and Travis Weipert acknowledge 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.
..,/a."7
JILL WENGER 1 Notary Public in and for he State of Iowa
211:r COMMISSION NUMBER 849166 My commission expires:
MY COMMISSION EXPIRES
OWP 06/30/26
Page 7 of 17
EXHIBIT A
Because federal funds may be used to support the SEATS paratransit contract, Iowa City and
Johnson County SEATS hereby agree to the following required federal clauses:
ADA Access
The Contractor agrees to provide transportation services consistent with the Americans with
Disabilities Act (ADA) and comply with the provisions of the Act applicable to the facilities
used for and the personnel policies applicable to staff involved in•the administration of any
contract issued pursuant to a solicitation by this recipient or subrecipient of Federal transit
assistance. The Contractor's project manager shall be responsible for assuring that "reasonable
accommodations" are made to ensure compliance with the provisions of the ADA regarding
service provision, hiring and managing personnel as well as workplace accessibility. The
employment provisions of ADA require that reasonable accommodations be made in existing
worksites to allow a qualified employment candidate with a disability to access the workplace
and perform their job duties.
Under the ADA, it is also incumbent upon the Contractor to assure that any "accessible vans or
buses" and the ancillary equipment that such vans or buses are required to be equipped with by
49 CFR Part 37 Subpart B Subsection 37.23, i.e., to satisfy.thef,ADA's mobility aid user
accessibility provisions, are inspected and properly maintained `-i s'rsuch; t e' Contractor is
required to provide appropriate vehicle maintenance and staff train gc'urider,th s<contr'.act,with.a
subrecipient of Federal transit assistance. This training must assure that vehicle operators have
acquired skills in communicating with assisting persons with disabilities, are proficient in
passenger assistance techniques, operation of vehicle level change devices, securement systems,
public address systems and other access-related equipment.
Vehicle operators shall be required to report any access equipment problems as soon as possible.
And, the Contractor shall make repairs to access equipment as soon as possible,preferably on the
day following a report of deficiency or malfunction report. Any vehicle with inadequate or
malfunctioning access equipment shall not be kept in service if a deficiency presents a
heightened risk of passenger or vehicle operator injury. And, such a vehicle shall not be returned
to revenue service until access equipment deficiencies are remedied. The Contractor shall
cooperate with transit system, as well as State or Federal agency staff, or assessment contractors
of agencies with oversight responsibility for assessment of whether the Contractor is complying
with the provisions of the ADA. Such assessments shall require Contractor's staff to meet with
oversight personnel and provide access to documentation relating to policies and instructions for
access equipment pre-trip cycling, staff training, as well as access equipment operation,
reliability and maintenance. Contractor shall permit drivers and administrative staff to be
interviewed by persons performing ADA compliance assessments.
Drug Use and Testing -Alcohol Misuse and Testing Requirements... . . _ .•
The Contractor agrees to comply with all applicable Federal regulations governing workplace
drug use and alcohol misuse in the transit industry. Specifically, the Contractor shall establish a
DrugUse and Alcohol Misuse Policyacceptable to the transit agency purchasing
se, ices P g Y P g
Page 8 of 17
pursuant to this solicitation or contract award and conforming with the Federal Transit
Administration (FTA) regulations. These regulations are detailed in 49 C.F.R. Part 665
"Prevention of Alcohol Misuse and Prohibited Drug Use in Transit" as amended. Contractor
shall comply with these regulations mandating testing of safety-sensitive employees for the use
of drug and the misuse of alcohol in violation of law or Federal regulation, and prohibits
performance of safety-sensitive functions when there is a positive test result. The Contractor
shall as well comply with U.S. DOT regulations detailed in 49 CFR Part 40, Revised and
corresponding Technical Amendments, that set standards for the collection and testing of urine
and breath specimens from safety-sensitive employees. Contractor's employees shall be
provided with the training required by these regulations as well as access for review, upon
request, to the Federal regulations and Contractor's Policy on Prohibited Drug Use and Alcohol
Misuse.
Fly America Requirement
The Vendor/Contractor shall comply with 49 U.S.C. 40118 (the "Fly America" Act) and
regulations promulgated by the General Services Administration, at 41 CFR Part 301-10, which
provide that recipients. and subrecipients of Federal funds and their contractors are required to
use-U.S. Flag air carriers for U.S. Government financed international air travel and transportation
of their personal effects or property, to the extent such service is available, unless travel by
foreign air carrier is a matter of necessity, as defined by the Fly America Act. This provision
shall be included by the Contractor in all subcontracts that may involve international air
transportation.
Charter Bus Requirements
The Contractor agrees to comply with 49 U.S. C. Section 5323(d) and 49 CFR Part 604, which
provides that recipients and subrecipients of FTA assistance are prohibited from providing
charter service using federally funded equipment or facilities if there is at least one private
charter operator willing and able to provide the service, except under one of the exceptions
detailed at 49 CFR 604.9. Any charter service provided under one of the exceptions must be
"incidental." I.e., it must not interfere with or detract from the provisions of mass transportation.
School Bus Requirements
Pursuant to 69 U.S.C. Section 5323 (f) and 49 CFR Part 605, which provide that recipients and
subrecipients of FTA assistance are prohibited from providing school bus operations exclusively
for the transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions. When operating exclusive school bus
service under an allowable exemption, recipients and subrecipients may not use federally funded
equipment, vehicles, or facilities.
Energy Conservation Requirement
The Vendor/Contractor bidder shall comply with mandatory standards and policies relating to
energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the
Energy Policy and Conservation Act.
Clean Water Requirement
Page 9 of 17
Each Vendor/Contractor, by signing the Certificate of Compliance with Terms of Service under
this Request for Architectural and Engineering Qualifications (RFQ) is obliged under penalty of
law to perform such services using materials, and under conditions that comply with the federal,
state and local clean water regulations governing said production. As such, the Contractor agrees
to comply with and perform construction oversight that are the Contractor's responsibility to
assess whether work performed by construction contractors is compliant with all applicable
standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C.1251 et seq. The contractor also agrees to report each violation to the
Purchaser and understands and agrees that the Purchaser must, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
The Vendor/contractor is required to include these requirements in each subcontract exceeding
$100,000 financed, in whole or in part, with Federal assistance provided by a contract awarded
under this solicitation and assisted by FTA.
Lobbying Disclosure Requirements and Prohibition
Pursuant to the Byrd Anti Lobbying Amendment, 31 U.S.C.1352, as amended by the Lobbying
Disclosure Act of 1995, P.L.104-65 [to be codified at 2 U.S.0 1601, et seq.],
vendors/contractors/EM's who submit a bid for an award of $100,000 or more shall file the
certification required by 49 CFR.part 20, "New Restrictions on Lobbying." Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
about obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995
who has made lobbying contacts on its behalf with nonfederal funds with respect to that Federal
contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to
tier up to the recipient.
Access to Records and Reports Requirements
In accordance with 49 CFR 18.36(I), the Vendor/contractor and any vendor acting on its behalf
in this solicitation agree to provide the Iowa Public Transit System awarding a contract, the Iowa
Department of Transportation, the FTA Administrator, the Comptroller General of the United
States or any of their authorized representatives access to any books; documents, papers and
records of the Contractor which are directly pertinent to any contract awarded pursuant to this
solicitation for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 CFR Part 633.17, to provide the FTA Administrator or his
authorized representatives, including any PMO contractor, access to Contractor's records
pertaining to contracts awarded that involve a major capital project, as defined at 49 U.S.C. 5302
(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C.
section 5307, 5309, or 5311.
The Contractor agrees to permit any of the parties described in the preceding paragraph to
reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
Page 10 of 17
The Contractor agrees to maintain all books, records, accounts and reports required under any
contract awarded pursuant to this solicitation for a period of not less than three years after the
date of termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Contractor agrees to maintain
same until the Purchaser, the Iowa DOT, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals, claims
or exceptions related thereto. Reference 49 CFR 18.39(I) (11).
Federal Changes
The Contractor or vendor awarded a service contract pursuant to this solicitation agrees to
comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Master Agreement (Form FTA MA
(6) dated October, 1999) between the Purchaser and the Iowa DOT as required by the Grant
Agreement form the FTA to the Iowa DOT as they may be amended or promulgated from time
to time during the term of the contract awarded pursuant to this solicitation. Contractor's failure
to so comply shall constitute a material breach of this contract.
Clean Air
The Contractor, by signing the Certificate of Compliance with Solicitation Requirements, is
obliged under penalty of law to manufacture the bus being offered in compliance with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C.7401 et seq. The FSM agrees to report each violation the Purchaser and understands and
agrees that the Purchaser must, in turn, report each violation as required to assure notification to
FTA and the appropriate EPA Regional Office.
The Contractor is required to include these requirements in each subcontract exceeding $100,000
financed, in whole or in part, with Federal assistance provided by a contract awarded under this
solicitation and assisted by FTA.
Recycled Products
The Contractor shall develop construction specifications and building plans that, to the extent
practicable utilized recycled products and, at a minimum require construction contractors to
perform work in a manner that complies with the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962) including , but not
limited to, the regulatory provisions of 40 CFR Part 247 and Executive Order 12873, insofar as
these requirements are applicable to any item so designated by the Environmental Protection
Agency (EPA), or material used to produce said item(s), that was designated in Subpart B of 40
CFR Part 247. Insofar as the Purchaser acquired $10,000 or more of one of the items EPA
designates in the fiscal year during which a contractor awarded a contract for project
construction is authorized to commence work or when the cost of such items purchased by the
Contractor during the previous fiscal year was $10,000 or more.
No Federal Government Obligation to Third Parties
The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
Page 11 of 17
contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor , or
any other party (whether or not a party to that contract) pertaining to any matter resulting from
the underlying contract.
Any Contractor/firm submitting qualifications pursuant to this solicitation agrees to include the
paragraph/provision immediately above in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the provision shall not be modified,
except to identify the subcontractor who will be subject to this provision.
Program Fraud and False or Fraudulent Statements and Related Acts
(1) Each Contractor/ firm submitting qualifications in response to this RFQ are obliged to
comply with the provisions of the Program Fraud Civil Remedies Act of 1986, as amended,
at 31 U.S.C. Section 3801 et seq, and U.S. DOT regulations "program Fraud Civil
Remedies," 49 CFR, Part 31. Upon execution of the underlying contract (accepting a
contract awarded pursuant to this solicitation), the contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to
be made, pertaining to the underlying contract or the FTA assisted project for which this
contract is being manufactured or work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. Section 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C. Section
5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the clauses delineated as (1) and (2) above in each
subcontract financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified except to identify the subcontractor who
will be subject to the provisions.
Termination
(1)Termination for Convenience (General Provision)
Any transit system/ Purchaser that awards a professional service contract incorporating this
provision may teiiuinate such contract, in whole or in part, at any time by written notice to
the Contractor when it is in the Transit System's/Government's best interest. The Contractor
shall be paid its cost, including contract close-out costs, and profit on work performed up to
the time of termination. The Contractor shall promptly submit its termination claim to the
Transit System (or Purchaser) to be paid to the Contractor. If the Contractor has any property
in its possession belonging to a Purchaser, the Contractor will account for such property and
Page 12 of 17
return or dispose of such property as directed by and at the cost of the Purchaser be paid its
costs
(2)Termination for Default [Breach or Cause] (General Provision)
If the Contractor does not deliver work as per the terms of this solicitation or any contract
awarded thereof in accordance with the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the Purchaser may
terminate his contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default.
The Contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the Purchaser that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the Purchaser, after setting up a new delivery or performance
schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
(3)Opportunity to Cure General Provision
The Purchaser in its sole discretion may in the case of teu nination for breach or default,
allow the Contractor a specified period of time in which to cure the defect. In such case, the
notice of teiniination will state the time period in which cure is permitted and other
appropriate conditions.
If the Contractor fails to remedy to Purchaser's satisfaction the breach or default or any of the
terms covenants, or conditions of the Contract within ten (10) business days after receipt by
Contractor or written notice from the Purchaser setting forth the nature of said breach or
default, Purchaser shall have the right to terminate the Contract without any further
obligation to the Contractor. Any such termination for default shall not in any way operate to
preclude the Purchaser from also pursuing all available remedies against Contractor and its
sureties for said breach or default.
Government-wide Debarment and Suspension
Each prospective Contractor must submit an appropriately prepared, and signed certification
regarding any debarment action or other factors relevant to the firm's, or any its principal's,
eligibility to participate in federally funded projects. By signing and submitting this bid or
proposal, the prospective lower tier participant (contractor/ vendor) is providing the certification
as per the instructions delineated at 29 CFR part 29, Appendix B.
Civil Rights Requirements
(1)Nondiscrimination — In accordance with Title VII of the Civil Rights Act as amended, 42
U.S.C. Section 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C, Section 6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.
Section 12132, and Federal transit law at 49 U.S.C. Section 5332, the Contractor agrees that
it will not discriminate against any employee or applicant for employment because of race,
Page 13 of 17
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue
(2)Equal Employment Opportunity: Contractors/, or subcontractors thereof, performing lower
tier contract services must be an equal opportunity employer as defined in the Rights Act of
1964 and in Iowa Executive Order Number Fifteen. The successful firm, in accepting the
offer of a professional service contract under terms of this solicitation, certifies that its
officials shall not discriminate against any employee or applicant for employment because of
race, religion, color, sex, disability, or national origin. The successful firm shall also take
affirmative action to ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, disability, or
national origin. The following requirements apply to the underlying contract:
(a)Race, Color, Creed,National Origin, Sex- In accordance with title VII of the Civil Rights
Act, as amended, 42 U.S.C. Section 2000e, and Federal transit laws at 49 U.S.C. Section
53432, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor," 41 CFR Parts 60 et seq., (that implement Executive Order No. 11246, Equal
Employment Opportunity as amended by Executive Order No;11375, "amending
Executive Order 11246 relating to Equal Employment Opportunity, " 42 U.S.C. Section
2000e note) , and with any applicable Federal statutes, executive orders, regulations and
Federal policies that may affect manufacturing activities undertaken in the course of
producing the buses being purchased. The Contractor agrees to take such affirmative
actions as may be necessary to ensure compliance. These actions shall include, but shall
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. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b)Age — In accordance with Section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. Section 623 and Federal transit law at 49 U.S.C. Section
5332, the Contractor agrees to refrain form discrimination against present and prospective
employees for reason of age. In addition, the contractor agrees to comply with any
implementing requirements FTA may issue.
(c)Disabilities — In accordance with Section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. section 12112, the Contractor agrees that it will comply with the
requirements of the U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act, "29
CFR part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor agrees that is shall include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified, only if necessary, to
identify the affected parties and clarify the responsibilities entailed.
Transit Employee Protective Agreements
Page 14 of 17
The Contractor agrees to comply with:
(1)applicable transit employee protective requirements as follows:
(a)General Transit Employee Protective Requirements - to the extent that FTA determines
that transit operations are involved, the Contractor agrees to carry out the transit
operations work on the underlying contract in compliance with terms and conditions
determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests
of employees employed under this contract and to meet the employee protective
requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 CFR Part 215, and
any amendments thereto. These terms and conditions are identified in the letter of
certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from
which Federal assistance is provided to support work on the underlying contract. The
Contractor agrees to carry out that work in compliance with the conditions stated in that
U.S. DOL letter. The requirements for this subsection (a), however, do not apply to any
contract financed with Federal assistance provided by FTA either for projects for elderly
individuals with disabilities authorized by 49 USC Section 5310(a)(2), or for projects for
nonurbanized areas authorized by 49 U.S.C. Section 5311. Alternate provisions for those
projects are set forth in subsections (b) and (c) of this provision.
(b)Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. Section
5310(a)(2) for Elderly Individuals and Individuals with Disabilities. —If the contract this
provision is incorporated by involves transit operations financed in whole or in part with
Federal assistance authorized by 49 U.S.C. Section 5310(a)(2), and if the U.S. Secretary
of Transportation has determined or determines in the future that the employee protective
requirements of 49 U.S.C. section 5310(b) are necessary or appropriate for the state and
the public body subrecipient for which work is perform on the underlying contract, the
Contractor agrees to carry out the Project in compliance with the terms and conditions
determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S. C. Section
5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215 and any amendments thereto. These
terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the
date of which is set forth in the Grant Agreement or Cooperative Agreement with the
state. The contractor agrees to perform transit operations about the underlying contract
incompliance with the conditions stated in that U.S. DOL letter.
(c)Transit Employee Protective Requirements for Projects Authorized by 49 U.S. C. Section
5311 in Nonurbanized Areas — If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S. C Section 5311, the
Contractor agrees to comply with the terms and conditions of the Special Warranty for
the Nonurbanized Area Program agreed to by the Secretaries of Transportation and
Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any
revision thereto.
(2)The Contractor also agrees to include any applicable requirements in each subcontract
involving transit operation financed in whole or in part with Federal assistance provided by
FTA.
Breaches and Dispute Resolution
If the vendor awarded a contract (i.e. Contractor) pursuant to this solicitation abandons, or before
completion, discontinues that project; or if by reason of any of the events or reason, the
commencement, prosecution, or timely completion of this project by the vendor is rendered
Page 15 of 17
improbable, infeasible, impossible, or illegal, the IPTS may, by written notice to the vendor,
suspend any or all of its obligations under the contract until such a time as the event or
conditions resulting in such suspension has ceased or been corrected, or the agency may
terminate any of its obligations under the contract.
Upon receipt of a fmal termination or suspension notice, the vendor shall proceed promptly to
carry out their actions required which may include any or all of the following: (1) necessary
action to terminate or suspend, as the case may be, project activities and contracts and. (2)
furnish a statement of the status of the project activities and contracts and. as a proposed
schedule, plan and budget or terminating or suspending and closing-out project activities and
other undertakings, the cost of which are otherwise included as project costs. The closing out
shall be carried out in conformity with the latest schedule, plan, and budget within a reasonable
time. Reimbursement to the vendor in the event of termination shall be for actual costs, less any
assessment of damages.
Disputes arising in the performance of any Contract awarded pursuant to this solicitation that are
not resolved by agreement of the parties and concurred with by the Iowa DOT shall be decided
in writing by the authorized representative of the Procurement Administrator for the IPTS that
awarded the contract for professional services. This decision shall be final and conclusive unless
within ten calendar days from the date of receipt of its copy of the decision, the contractor mails
or otherwise delivers a written appeal to the Procurement Administrator. In regard to any such
appeal, the Contractor shall be afforded with an opportunity to be heard and to offer evidence in
support of its position. If the Contractor deems that the Procurement Administrator rendered a
decision that it cannot accept, any further review of the matter must be settled in a court of
competent jurisdiction within Iowa.
Disadvantaged Business Enterprise Requirements (DBE) Plan Approval/Submission:
Each contractor/vendor shall comply with all rules and regulations promulgated by the Federal
Transit Administration of the U.S. DOT regarding participation of Disadvantages Business
Enterprises in contracting opportunities by any contract awarded under this solicitation. As such,
any bidder must complete and submit with any bid a Disadvantaged Business Enterprise
Certification for Non-Rolling Stock Materials or Services as promulgated under 49 CFR Part
26.and other applicable laws and regulations.
State and Local Law Disclaimer
The use of many of the clauses delineated herein to comply with Federal requirements may be
significantly affected by State law. In the event the Code of Iowa may contain requirements that
are not precluded by federal statute, state law or local shall be applicable. If the Contractor has
reason to believe that any discrepancy exists between local, state, or federal requirements, it is
incumbent on the Contractor to request in writing that a determination be made and issued by the
Procurement Administrator to resolve any such discrepancy.
Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and conditions required by
DOT, whether or not expressly set forth in the provisions of this solicitation. All contractual
provisions required by DOT, as set forth in FTA circular 4220.1D., dated April 15, 1996, are
Page 16 of 17
hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated teiins shall be deemed to control in the event of a conflict with other provisions
contained in this solicitation or contract awarded thereof The Contractor shall not perfoiin any
act, fail to perform any act, or refuse to comply with any requests made by the IPTS/Transit
Agency, other participating Iowa public transit systems, or the Iowa DOT which would cause
any of these parties to be in violation of FTA terms and conditions.
***Non-Collusion Bidding Certification: Not Applicable per FTA c.4220.1E, because this 28E
agreement is to purchase service from another governmental entity.
Prohibited Interest: No member of, or delegate to, the Iowa State Legislature or the Congress of
the United States shall be admitted to any share or part of this contract or to any benefit arising
therefrom. No member, officer, or employee of the Transit Agency during his/her tenure or for
one year thereafter shall have any interest, direct or indirect in a contract, or proceeds resulting
from this solicitation.
Certificate of Compliance: Each Contractor must submit a properly prepared and signed
Certificate of Compliance with Federal and this Solicitation's Requirements. Signing the form
obligates the vendor to all requirements of this solicitation and constitutes the vendor's assurance
that it has the capacity and intent to deliver the services agreed upon or delineated as the scope of
Contractor responsibilities in a manner that confojins with or exceeds federal and state standards
and the transit agency's minimum requirements which are herein delineated or incorporated by
reference into a Transit or Professional Services Agreement.
Declaration of Project Federal Assistance, Payment for Services
Federal assistance is anticipated to defray approximately 20% (but not greater than 80%) of the
budgeted project costs of the work or item(s) being purchased. Federal assistance for the items
being purchased cannot be reimbursed to the purchaser (Transit Agency) by the Iowa
Department of Transportation or the Federal Transit Administration until such work /item is
delivered, inspected, and accepted. Unless otherwise detailed in writing, payment for the item(s)
purchased shall not be made to the Contractor until approximately 30-45 days after the date an
item is accepted by the Purchaser's Project Manager/transit agency and concurrence is given, if
such is required by the Iowa DOT as the grantee
Protest of Solicitation Administration
Any party may initiate a protest of these provisions or decisions made pursuant to them in
accordance with the protest procedure issued as part of this solicitation. See Protest Provision
Retention of Payment:
A reasonable portion of the amounts payable may be retained to assure correction of service
deficiencies and compliance with the provisions of the Transit or Professional Services Contract
jointly executed by the Transit Agency and the Contractor. The Contractor shall be informed in
writing of all such items failing to meet provisions agreed upon and the amount retained for each
item.
Page 17 of 17
Prepared By:Wendy Ford, Economic Development Coordinator
Reviewed By:Sue Dulek, Assistant City Attorney
Rachel Kilburg, Asst. City Manager
Staff Recommendation:Approval
Commission Recommendations:NA
Attachments:Resolution
Item Number: 5.e.
August 1, 2023
Resolution authorizing the City Manager to sign a one-year extension of the listing agreement
with Lepic-Kroeger Realtors for the Iowa City Industrial Campus.
Executive Summary:
The City owns lands on 420th Street, and since 2015 has worked with commercial real estate
agents to facilitate the marketing and sales of the industrial lots.
Background / Analysis:
In 2015, the City Council approved a one year listing agreement with the local real estate
firm, Lepic-Kroeger Realtors, to sell lots in the Industrial Campus. That agreement has been
extended each year since and this agreement will extend it to July 15, 2024. The resolution
also authorizes the City Manager to sign future extensions.
The benefits to the City of a having a listing agreement with a real estate company are that
commercial realtors are connected to numerous networks that can be helpful in linking
prospective buyers with sellers, they can prepare and distribute promotional materials
including fly-over video, and they are knowledgeable about the market and market prices.
Lepic Kroeger has been instrumental in two sales of this industrial property and will continue
to market the remaining 40 acres on the south side of 420th Street.
See,
Prepared by: Susan Dulek,First Asst City Attorney,410 E.Washington Street,Iowa City,IA 52240(319)356-5030
Resolution No.23-209
Resolution authorizing the City Manager to sign a one-year extension
of the listing agreement with Lepic-Kroeger Realtors for the Iowa City
Industrial Campus.
Whereas, the 420TH Street Industrial Park is a 173-acre shovel-ready industrial use site,
which is now known as Iowa City Industrial Campus; and
Whereas, in Resolution No. 15-229, the City Council approved a one-year Commercial
Listing Agreement with Lepic-Kroeger, Realtors to sell lots at the Iowa City Industrial
Campus; and
Whereas, Council has extended said agreement every year thereafter most recently to
July 15, 2023 in Resolution No. 22-186; and
Whereas, the City has sold two lots in Iowa City Industrial Campus and additional lots
remain available for sale; and
Whereas, it is in the best interest of the City to extend the term again by one year to July
15, 2024.
Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that:
1. The City Manager is authorized to sign an amendment to the Commercial Listing
Agreement to extend the term to July 15, 2024.
2. The City Manager is further authorized to extend the term of the Commercial
Listing Agreement thereafter.
Passed and approved this 1st day of August, 2023.
LIA-"-- ( jadg-Cer42—
M r
Attest: fa -P ) c.,.ei
City Clerk
Approved by
City Attor y's Office—07/20/2023
Resolution No. 23-209
Page 9
It was moved by Taylor and seconded by Thomas
that the Resolution be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
X Alter
X Bergus
X Dunn
X Harmsen
X Taylor
X Teague
Thomas
Prepared By:Rebecca Passavant, City Attorney's Office Administrative
Secretary
Fiscal Impact:No impact
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 5.f.
August 1, 2023
Resolution accepting payment of $300.00 civil penalty and waiver of right to hearing from
Casey’s #4367
Executive Summary:
This Resolution accepts a waiver of right to hearing and payment of a $300.00 civil penalty by
Casey's #4367. The civil penalty is required by Iowa Code Section 453A.22(2) due to a first
instance of an employee selling or providing tobacco to a minor within a two-year period.
Prepared by:Jennifer Schwickerath,Asst.City Attorney,410 E.Washington St.,Iowa City,IA 52244,319-356-5030
Resolution number: 23-210
Resolution accepting payment of $300.00 civil penalty and
waiver of right to hearing from Casey's #4367
Whereas, on May 13, 2023, an employee of Casey's Marketing Company, DBA Casey's.
#4367, 2410 Mormon Trek Blvd, Iowa City, violated Iowa Code §453A.2(1) by selling or
providing tobacco, tobacco products or cigarettes to a minor and this was the first such
violation by one of its employees in a two-year period; and
Whereas, at the time of the violation, Casey's#4367 was operating under a retail
cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of$300.00 as a result of its employee violating
Iowa Code §453A.2(1), for a first violation within a two-year period; and
Whereas, Casey's#4367 has waived its right to the hearing required by Iowa Code
§453A.22(2)and accepted responsibility for its employee's violation of Iowa Code
§453A.2(1) by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council should accept the waiver of right to hearing and payment of$300.00 civil
penalty on behalf of Casey's#4367.
Be it further resolved, that the City Clerk will forward this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and a proved this 1st day of August , 2023.
Ma
Approved by
•
Attest: Y ,
Ci Clerk City Attorn 's Office— 07/24/2023
Resolution No. 23-210
Page 2
It was moved by Taylor and seconded by Thomas
that the Resolution be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
X Alter
X Bergus
X Dunn
x Harmsen
X Taylor
X Teague
X Thomas
Prepared By:Ethan Yoder, Civil Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 5.g.
August 1, 2023
Resolution rejecting bids received July 18, 2023 for the 2023 City of Iowa City Parking Garage
Maintenance and Repair Project.
Executive Summary:
This agenda item rejects all of the bids received on July 18, 2023 for the 2023 City of Iowa
City Parking Garage Maintenance and Repair Project.
One (1) bid was submitted prior to the July 18, 2023 deadline:
Bidder Name City Bid
Western Waterproofing
Company, Inc. West Des Moines, Iowa $298,032.00
Engineer’s Estimate $184,500.00
With only one bid received and the bid amount exceeding the Engineer ’s Estimate of
Probable Cost by more than 60%, staff recommends that Council reject all bids. Staff is
currently evaluating how best to proceed with the Project but expects to rebid the work later
this summer/fall.
Background / Analysis:
This annual project addresses maintenance, rehabilitation, and repairs on the City’s six
parking garage structures. The items within this year ’s annual project were either identified
and programmed within the City’s Five-Year Condition Review and Proposed Repair and
Maintenance Master Plan, June 2020, or have manifested themselves in the past year.
5-15
Prepared by: Ethan Yoder,Engineering Division,Public Works,410 E.Washington St.,Iowa City,IA 52240(319)356-5145
Resolution No. 23-211
Resolution rejecting bids received July 18, 2023 for the 2023
City of Iowa City Parking Garage Maintenance and Repair
Project.
Whereas, bids were received on July 18, 2023 for the 2023 City of Iowa City Parking Garage
Maintenance and Repair Project; and
Whereas, only one bid was submitted and it exceeded the Engineer's Estimate by more than
60%; and
Whereas, the Department of Public works recommends that Council reject all bids, and
Whereas, funds for this project are available in the Parking Facility Restoration Repair account
#T3004; and
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. All bids received on July 18, 2023, for the 2023 City of Iowa City Parking Garage
Maintenance and Repair Project are rejected.
2. The current bid package will be evaluated for the best course of action to be rebid at a
later date.
Passed and approved this 1st day of August , 2023
M r
Approved by
Attest:
City Clerk City Attorn y's Office
(Liz Craig—07/27/2023)
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
Alter
x Bergus
X Dunn
Harmsen
X Taylor
x Teague
Thomas
Prepared By:Justin Harland, Sr. Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Engineer's Report
Resolution
Item Number: 5.h.
August 1, 2023
Resolution accepting the work for the First Avenue and Scott Boulevard Intersection
Improvements Project.
Executive Summary:
The project has been completed by All American Concrete, Inc. of West Liberty, Iowa in
substantial accordance with the plans and specifications. The Engineer ’s report and
Performance and Payment bonds are on file with the City Clerk.
• Project Estimated Cost: $1,700,000.00
• Project Bid Received: $1,489,158.25
• Project Actual Cost: $1,629,756.04
Background / Analysis:
The First Avenue and Scott Boulevard Intersection Improvements Project involved
reconstruction of the First Avenue and Scott Boulevard intersection, which converted the
existing four-way stop into a single-lane roundabout. Construction also included storm
sewer, water main, sidewalk improvements, street lighting, and site restoration.
There were eight (8) change orders issued during construction, including temporary barrier
rail, project schedule adjustments, storm sewer intake adjustments, unit price adjustments,
street lighting, grading modifications, modular block retaining wall, temporary seeding, utility
handhole adjustments and other related work.
it
At�*
some i City Council Supplemental Meeting Packet
CITY OF IOWA CITY August 1, 2023
Information submitted between distribution of late handouts on Monday and 3:00 pm on
Tuesday.
Late Hall Unix ii,ij�
5. Consent Calendar- Resolutions and Motions
Item 5.h First Avenue and Scott Boulevard Intersection Improvem3Performanceand
comment, Council Action Report, Engineers report, and resolution
Comment: The project has been completed by All American Concrete o
substantial accordance with the project manual. The Engineer's Report a
Payment bonds are on file with the City Clerk.
• Project Estimated Cost: $ 1,700,000.00
• Project Bid Received: $ 1,489,158.25
• Project Actual Cost: $ 1,631,473.24 $1,G�04
2-Rep I a-r Agenda
Item 9.g Hawkeye Smoke and Liquor Tobacco Civil Penalty - See revised resolution.
August 1,2023 City of Iowa City
itt
Prepared by: Justin Harland,Engineering Division,Public Works,410 E.Washington St.,Iowa City,IA 52240(319)356-5145
Resolution No.
Reso tion accepting the work for the First Avenue an• Scott
Boulev- d Intersection Improvements Project
Whereas, the Engines ing Division has recommended that the work •r construction of the 1st
Avenue and Scott Bo -yard Intersection Improvements Project as included in a contract
between the City of Iowa and All American Concrete, Inc. of -st Liberty, IA, dated February
21, 2022, be accepted; and
Whereas, the Engineer's Repo and the performance, :yment and maintenance bond have
been filed in the City Clerk's office; . d
Whereas, funds for this project are ay.'able in the st Avenue and Scott Boulevard Intersection
Improvements Project account#S3944; ald
Whereas, the final contract price is $1,629,75 04.
Now, therefore, be it resolved by the 'ity Co Id of the City of Iowa City, Iowa, that said
improvements are hereby accepted by 'e City of to a City, Iowa.
Passed and approved this day of , 2023
Mayor
Appro -d by
•
Attest: vi
City Clerk City Attorne 7 Office
(Liz Craig—07 6/2023)
It was move. by and seconded by e Resolution be
adopted, a • upon roll call there were:
Ayes: Nays: Absent:
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
5,k
Prepared by: Justin Harland,Engineering Division,Public Works,410 E.Washington St.,Iowa City,IA 52240(319)356-5145
Resolution No. 71_7 1
Resolution accepting the work for the First Avenue and Scott
Boulevard Intersection Improvements Project
Whereas, the Engineering Division has recommended that the work for construction of the 1st
Avenue and Scott Boulevard Intersection Improvements Project, as included in a contract
between the City of Iowa City and All American Concrete, Inc. of West Liberty, IA, dated February
21, 2022, be accepted; and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Clerk's office; and
Whereas, funds for this project are available in the 1st Avenue and Scott Boulevard Intersection
Improvements Project account#S3944; and
Whereas, the final contract price is $1,631,473.24.
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 1st day of August , 2023
M r 1232-8—s—
Approved by
•
Attest: --�)Z_c c_P� •
City Clerk City Attorn 's Office—08/01/2023
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were: •
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Prepared By:Marri VanDyke, Civil Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$129,000 available in the Water Storage Account #W3331
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Agreement
Item Number: 5.i.
August 1, 2023
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 Strand Associates, Inc. to
provide engineering consultant services for the Water Storage Study.
Executive Summary:
This agenda item approves a consultant agreement with Strand Associates, Inc. for services
related to the Water Storage Study. This study includes the evaluation of new water storage
devices and their ability to satisfy water system demands from new developments. After the
study, Strand will move into design of the selected improvements.
Background / Analysis:
The Carson Farm and Hi Point areas on the west and east side of the City will create water
system demand distant from existing water system pressure sustaining devices. This
distance during peak demand hours is expected to reduce pressures to other customers. To
mitigate this impact, larger looped pipes surrounding the new developments and new storage
device(s) with pressure boosting equipment are likely to be recommended.
Prepared by:Marri VanDyke,Engineering Division,410 E.Washington St.,Iowa City, IA 52240,(319)356-5044
Resolution No. 23-213
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 Strand Associates, Inc. to
provide engineering consultant services for the Water Storage
Study.
Whereas, the Carson Farms and Hi Point areas on the west and east side of Iowa City will create
water system demand distant from existing water system pressure sustaining devices; and
Whereas, larger looped pipes surrounding the new developments may be required and a new
storage device with pressure boosting equipment is likely recommended; and
Whereas, the City would like to conduct a study related to the installation of a new water storage
device to sustain service level flows and pressures to new development; and
Whereas, said study will provide direction on three projects on the unfunded list; and
Whereas, the City issued a Request for Qualifications for On-Call Professional Design and
Engineering Services (2023-2025) to private consulting firms interested in providing design and
engineering services related to public improvement projects in the City of Iowa City; and
Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with
Strand Associates, Inc. to provide said services; and
Whereas, it is in the public interest to enter into said Consultant Agreement with Strand
Associates, Inc.; and
Whereas, funds for this project are available in the Water Storage Account#W3331.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Consultant Agreement attached hereto is in the public interest and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Passed and approved this 1st day of August , 2023
Mayor
Resolution No. 23-213
Page 2
1 , Approved by
Attest:
City Clerk City Attorn 's Office
(Liz Craig—07/27/2023)
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
X Thomas
Consultant Agreement
This Agreement, made and entered into this 1st day of August , 2023, by
and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the
City and Strand Associates, Inc. ,' of Madison, Wisconsin, hereinafter referred to as the
Consultant.
Whereas, the Carson Farms and HiPoint areas on the west and east side of Iowa City will create
water system demand distant from existing water system pressure sustaining devices; and
Whereas, the City would like to conduct a study related to the installation of a new water storage
device to sustain service level flows and pressures to new development; and
Whereas, the City would like to have preliminary design prepared to be ready for future
development growth; and
Whereas, Consultant will perform an evaluation of the distribution system including updating and
calibrating a water model, simulations, water storage siting and sizing; and
Whereas, Consultant will provide preliminary design documents for water storage additions;
and
Whereas, the City issued a Request for Qualifications, On-Call Professional Design and
Engineering Services (2023-2025), October 12, 2022, to private consulting firms interested in
providing design and engineering services related to public improvement projects in the City of
Iowa City; and
Whereas, submittals were received from consulting firms and evaluated by a selection committee;
and
Whereas, Consultant was selected based on qualifications, key personnel, project approach, and
fees and rates; and
Whereas, funds are available in the Water Storage, Account No. W3331.
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
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Review project scope, schedule, areas of potential future development, and
existing and future service boundaries with City during a virtual kickoff meeting.
Collect the following information from City.
1. Distribution system mapping in geographical information system (GIS)
format.
2. Supervisory control and data acquisition (SCADA) control set points.
3. Existing water treatment plant (WTP) high service and booster station
pump curves and design points.
4. Ground storage reservoir (GSR) capacities and physical dimensions.
5. Existing and future land use mapping.
6. Water treatment plant(WTP) production from 2016 through 2022, including
maximum daily demand.
7. Annual sales data from 2016 through 2022,
8. Metered water sales information from 2022 by physical location.
9. Population projections from City and those prepared by others.
10. Distribution growth study and existing water model_
11. East pressure zone project improvements.
B. Prepare a new water system model using WaterGEMS software and City-provided
GIS files.
1. Incorporate high service and booster pump, GSR, and SCADA information
into the model, as appropriate.
2. Allocate demands using metered sales information.
C. Assist City in conducting up to fifteen (15) field hydrant flow tests throughout the
system and compile the test results. City shall be responsible for providing all
necessary traffic control and operating all hydrants necessary to conduct the
testing.
D. Perform a steady-state calibration of the water model using field hydrant flow
testing results and City-provided SCADA information.
E. Review the water model to evaluate the proposed future East Pressure Zone
locations, based on studies performed by others.
F. Evaluate a potential West Pressure Zone for appropriate services elevations and
developing a zone boundary by identifying water mains to be dead-ended,
opportunities for looping dead-end water mains, and pressure reducing valve and
check valve locations. Evaluate using the existing Emerald GSR or constructing a
new pumping facility and GSR to supply the potential West Pressure Zone.
G. Perform a preliminary siting and sizing study for new water storage facilities in the
City's future East and potential West Pressure Zone. Locations to be evaluated
include the Taft Avenue and HiPoint Golf Course areas in the future East Pressure
Zone and the Slothower Street area in the potential West Pressure Zone or west
side of existing main zone. Evaluate factors including capacity, topology, land
availability, lot size, system hydraulics, Federal Aviation Administration
considerations, benefits of elevated tanks versus GSR and associated pumping
facility, and opinions of probable construction cost (OPCC).
H. Evaluate the following future anticipated developments for service pressures and
available fire flows with and without additional storage:
1. HiPoint development in future East Pressure Zone.
2. Carson Farms development in potential West Pressure Zone or west side of
existing main zone.
3. One unidentified future development, as determined by City.
Page 2 of 7
I. Reevaluate Main/Central Pressure Zone using the water model, after
implementation of future East and potential West Pressure Zones, for feasibility to
potentially reduce the existing pressure gradient for energy efficiency and cost
savings purposes. Analyze WTP and booster stations that discharge into the
Main/Central Pressure Zone to review potential modifications, if any, to
accommodate reduced gradient, including removal of the Bloomington GSR from
the City's water system.
J. Conduct a virtual meeting with City to present results of preliminary siting study
and for City to select a preferred alternative for both the future East Pressure Zone
and west-side storage facilities. Incorporate City comments into City-selected
alternative conceptual design, as appropriate.
K. Prepare a draft report summarizing the model and calibration, East and West
Pressure Zone evaluation and potential modifications with 0 PCC, water storage
preliminary siting and sizing study, and potential modifications to the existing
GSRs. Submit to City for review.
L. Conduct a virtual meeting with City to review the draft report. City shall provide
written comments within two weeks of draft report submittal. Meeting is anticipated
to occur within one week after receiving City written comments. Incorporate City
comments into draft report, as appropriate.
M. Finalize the report and submit three hard copies and one electronic portable
document format file to City.
N. Prepare draft preliminary design document for City-selected projects, including
modifications to existing GSRs, new water storage in the east and west sides of
the City, and implementation of a potential West Pressure Zone. Preliminary
design document will generally include the following:
1. Preliminary water storage tank site plans showing general utilities, access
drive, grading, and structures.
2. Preliminary water storage tank plans and sections.
3. Design criteria for water storage tanks and existing GSR modifications.
4. Preliminary pressure zone boundaries and locations of isolation valves and
new valves.
O. Prepare a topographic survey of up to two City-selected water storage tank sites.
Contact Iowa One Call to provide marked underground utility locations prior to
survey.
P. Assist City with procurement of geotechnical engineering services at City-selected
sites. Review geotechnical information provided by the City, and incorporate
information into the preliminary design documents, as appropriate.
Q. Conduct a virtual meeting with City to review draft preliminary design documents.
Incorporate City comments, as appropriate, and prepare final preliminary design
documents.Submit three hard copies and one electronic portable document format
file to the City.
Page 3 of 7
II. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown.
_�P.rojectSehedule
I a. 3 :`._:G:k".,sTask Completion'
Kickoff Meeting Week of August 28, 2023
Preliminary Water Storage Siting Study to City January 23, 2024
' Review Meeting No. 1 January 30, 2024
Draft Report to City March 15, 2024
Review Meeting No. 2 _ March 22, 2024
' Final Report April 30, 2024
Draft Preliminary Design Documents to City June 14, 2024
Review Meeting No, 3 June 21, 2024
Final Preliminary Design Documents July 31, 2024
III. Compensation for Services
City shall compensate Consultant for Services on an hourly rate basis plus expenses an estimated
not-to-exceed fee of$129,000.
The estimated not-to-exceed fee for the Services is based on wage scale/hourly billing rates that
anticipates the Services will be completed as indicated.
Hourly Billing Rates*
Principal Engineer $322 to $401
Senior Project Manager $219 to $325
Project Managers $124 to $230
Project Engineers and Scientists $ 96 to $155
Engineering Technicians and Draftspersons $ 54 to $186
Administrative $112 Average
'Updated annually on July 1
IV. General Terms
A. The Consultant shall not commit any of the following employment practices and agrees to
prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, 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 services
performed up to the time of termination. However, such sums shall not be greater than the
"not-to-exceed" amount listed in Section Ill. 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.
Page 4 of 7
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 services set forth in this Agreement. Any requests made by the City shall be given
with reasonable notice to the Consultant to assure attendance. Meetings in addition to
those provided in I. Scope of Services shall be considered additional services.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, copies of all basic notes and sketches, charts, computations, and any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost, and
without restrictions or limitation as to the use relative to specific projects covered under
this Agreement. In such event, the Consultant shall not be liable for the City's use of such
documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of
a licensed professional as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however,
that failure of the Consultant to satisfactorily perform in accordance with this Agreement
shall constitute grounds for the City, upon notification to Consultant, 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 reproducible copies for the Consultant's own filing use.
Ivl. Fees paid for securing approval of authorities having jurisdiction over the Project will be
paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa
Code prohibits a City officer or employee from having an interest in a contract with the
City, and certifies that no employee or officer of the City, which includes members of the
City Council and City boards and commissions, has an interest, either direct or indirect, in
this Agreement, that does not fall within the exceptions to said statutory provision
enumerated in Section 362.5.
O. Indemnification
1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold
harmless the City against any and all claims, demands, suits, loss, expenses,
including reasonable attomey's fees, and for any damages which may be asserted,
claimed or recovered against or from the City by reason of personal injury, including
Page 5 of 7
bodily injury or death, and property damages, including loss of use thereof,caused by
Consultant's negligent acts, errors or omissions in performing the services provided
by Consultant to the City pursuant to the provisions of this Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries which may
result to any person or property by reason of Consultant's negligent acts, errors or
omissions in connection with the services provided by Consultant to the City
pursuant to this Agreement, and agrees to pay the City for all damages caused to the
City's premises resulting from the negligent acts, errors or omissions of Consultant.
3. The Consultant's obligation to indemnify the City shall not include the obligation to
indemnify, hold harmless, or defend the City against lability, claims, damages,
losses, or expenses, including attorney fees, to the extent caused by or resulting
from the negligent act, error, or omission of the City.
4. For purposes of this paragraph, the term "Consultant" means and includes the
Consultant, its officers, agents, employees, sub-consultants, and others for whom
Consultant is legally liable, and the term "City"means and includes the City of Iowa
City, Iowa its Mayor, City Council members, employees.
P. insurance
1. 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 in the sum of $1,000,000 Per
Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To
the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause
(endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing that all
coverages, limits and endorsements required herein are maintained and in full
force and effect, and certificates of Insurance shall provide a minimum thirty (30)
day endeavor to notify, when available by Consultant's insurer. if the Consultant
receives a non-renewal or cancellation notice from an insurance carrier affording
coverage required herein, or receives notice that coverage no longer complies with
the insurance requirements herein, Consultant agrees to notify the City within five
(5) business days with a copy of the non-renewal or cancellation notice.
Q. Standard of Care
1. The Consultant shall perform services for, and furnish deliverables to, the City
pertaining to the Project as set forth in this Agreement. The Consultant shall
possess a degree of learning, care and skill ordinarily possessed by reputable
professionals, practicing in this area under similar circumstances. The Consultant
shall use reasonable diligence and professional judgment in the exercise of skill
and application of learning.
2. Consultant represents that the Services and all its components shall be free of
defects caused by negligence; shall be performed in a manner consistent with the
standard of care of other professional service providers in a similar Industry and
application; shall conform to the requirements of this Agreement; and shall be
sufficient and suitable for the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
Page 6 of 7
4. Consultant's obligations under this Section shall exist without regard to, and shall
not be construed to be waived by, the availability or unavailability of any insurance,
either of City or Consultant,
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the laws of the State
of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in
a court of competent jurisdiction in Johnson County, Iowa.The parties hereto hereby submit
to personal jurisdiction therein and irrevocably waive any objection as to venue therein,
including any argument that such proceeding has been brought in an inconvenient forum.
FOR THE CITY FOR THE CONSULTANT
CITY OF IOWA CITY STRAND ASSOCIATES, INC_°
By: I 1rBy:
Joseph M. Bunker
Title: Mayor Title: Corporate Secretary
Date: 08/01/2023 Date: 7 44.3
ATTEST: 1,2,/..e_ )72 Ci.e'_e ATTEST:
Approved by:
City Atto ey's Office
Date: 7/28/23
Page 7 of 7
Prepared By:Marri VanDyke, Civil Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$170,000 available in the Treatment Technology Study
Project Account #W3321 and the Collector Well No. 2
Cleaning and Upgrade Account #W3322
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Agreement
Item Number: 5.j.
August 1, 2023
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 Strand Associates, Inc. to
provide engineering consultant services for the Water Treatment Technology Study.
Executive Summary:
This agenda item approves the consultant agreement with Strand Associates, Inc. for
services related to the Water Treatment Technology Study, which includes an engineering
study of dissolved nutrient removal from source water, the long-term financial and
environmental sustainability of lime softening, and filter system valving and build-out based
on the study results.
Background / Analysis:
Regulations on source and finished water are changing with federal administrations and
increasing evidence of chemical toxicity, which will result in a need to have treatment
technologies capable of ionic removal. Further, quicklime and lime solids managements costs
have continued to increase and a cost/benefit analysis of lime softening is warranted while
investigating treatment technologies. The existing filters may need modification to
accommodate new technologies. This is a study and will inform future CIP projects, including
five projects on the unfunded list – Nutrient Removal, WTP Filter #6 Buildout, Water Plant
Softener Improvements, Soda Ash Replacement, and Lime Lagoon Outlet Structure
Modifications.
Prepared by:Marri VanDyke,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5044
Resolution No. 23-214
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 Strand Associates, Inc. to
provide engineering consultant services for the Water Treatment
Technology Study.
Whereas, the need for treatment technologies capable of removing dissolved ions in source and
finished water is growing based on changing federal regulations and increasing evidence of
chemical toxicity; and
Whereas, the City would like to conduct a study related to dissolved nutrient removal from source
water, the long-term financial and environmental sustainability of lime softening, and filter system
valving and build-out based on the study results; and
Whereas, said study would be used to inform future CIP, including five projects on the unfunded
list; and
Whereas, the City issued a Request for Qualifications for On-Call Professional Design and
Engineering Services (2023-2025) to private consulting firms interested in providing design and
engineering services related to public improvement projects in the City of Iowa City; and
Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with
Strand Associates, Inc. to provide said services; and
Whereas, it is in the public interest to enter into said Consultant Agreement with Strand
Associates, Inc.; and
Whereas, funds for this project are available in the Treatment Technology Study Project Account
#W3321 and the Collector Well No. 2 Cleaning and Upgrade Account#W3322.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Consultant Agreement attached hereto is in the public interest, and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Passed and approved this 1 st day of 'btu Gt , 2023
I
Ma '12‘48""-Q—
Resolution No. 23-214
Page 2
Approved by
Attest: 2
City lerk City Attorne s Office
(Liz Craig—07/27/2023)
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Consultant Agreement
This Agreement, made and entered into this 1st day of August 2023 , by and
between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City
and Strand Associates, Inc.°, of Madison, Wisconsin, hereinafter referred to as the Consultant.
Whereas, the need for treatment technologies capable of removing dissolved ions in source and
finished water is growing based on changing federal regulations and increasing evidence of
chemical toxicity; and
Whereas, the City would like to conduct a study related to dissolved nutrient removal from source
water and the financial and environmental sustainability of lime softening; and
Whereas, the City would like to review current source water and treatment methodology and
potential alternatives to both source water production and treatment; and
Whereas, Consultant will perform an evaluation of source water and treatment alternatives for
potential modifications based on life cycle cost analysis, maintenance, resiliency, environmental
impact, current and future regulations, and immediate and future capacity; and
Whereas, the City issued a Request for Qualifications, On-Call Professional Design and
Engineering Services (2023-2025), October 12, 2022, to private consulting firms interested in
providing design and engineering services related to public improvement projects in the City of
Iowa City; and
Whereas, submittals were received from consulting firms and evaluated by a selection committee;
and
Whereas, Consultant was selected based on qualifications, key personnel, project approach, and
fees and rates; and
Whereas, funds are available in the Treatment Technology Study Project, Account W3321 and
Collector Well No. 2 Cleaning and Upgrade Project, Account No. W3322.
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.
!. Scope of Services
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Conduct an in-person kickoff meeting with the City, collect data from the City and
conduct an initial tour of the City's water treatment plant and collector wells. Provide
a site visit for up to three Consultant representatives, including one six-hour day of
on-site time to collect City-provided data and review existing facilities.
B. Obtain existing water quality information, water treatment plant information,
monthly operating reports, and chemical usage information, well inspection
reports, hydrogeologic survey information, and other City-provided documentation.
C. Collect City-provided data, including the following water quality parameters:
1. Historical monthly operating reports submitted to the Iowa Department of
Natural Resources (IDNR) for the five most recent years.
2. Raw and finished water quality monitoring, completed by City within the five
most recent years, including the following:
a. Field pH
b. Total alkalinity
c, Total hardness
d. Calcium
e. Sulfates and chlorides, if available
f. Conductivity
g. Orthophosphates concentrations, at entry point and distribution
h. Water temperature
i, Sodium
j. Dissolved inorganic carbon
k. Total phosphorous
I. Poly- and perfluoroalkyl substances (PFAS) concentrations
m. Other water quality parameters, including iron, manganese, and
aluminum
3. Information on water treatment chemicals used by City as part of its
community water supply.
4. Operational budgets and capital improvement plans through the five most
recent years of operation and up to five years into the future_
5. Water treatment plant related documents including drawings and previous
reports.
6. Utility bills for electric, gas, wastewater, and related external costs
supporting water treatment plant operations.
7. Future demand projections anticipated by the City for the next 20 years,
D. Prepare draft Technical Memorandum (TM) No. 1, which includes the following:
1. Summarize the existing facilities, existing capacities, hydrogeologic survey
results, and existing well conditions.
2. Develop the conceptual design criteria for each source water alternative
evaluated. The anticipated source water alternatives to be reviewed
include rehabilitation of collector wells, new vertical alluvial wells, and new
river pretreatment. Information provided by the City and its hydrogeologic
consultant will be used to supplement this evaluation.
3. Review site piping needs for each source water alternative.
4. Review potential areas for development of new well sources using
information provided by City's hydrogeologic consultant, including
connection of lime settling lagoon effluent and water plant site storm sewer
to Collector Well No. 1.
5. Prepare an opinion of probable construction cost (OPCC) and an
anticipated life-cycle analysis for each alternative.
6. Summarize the evaluation of each source water alternative on anticipated
costs, maintenance, resiliency, environmental impact, and immediate and
future water supply capacity.
7. Prepare draft TM No. 1 and submit to City for comments. City shall provide
written comments within one week of submittal. TM No. 1 is anticipated to
include the following sections:
a. Section 1—Introduction and Background
Page 2 of 8
b_ Section 2—Summary of Existing Supply
c. Section 3—Source Water Supply Evaluation
d. Section 4—Source Water Supply Life Cycle Cost Summary
8. Attend one virtual meeting with City to discuss and incorporate City
comments, as appropriate. Meeting will occur within two weeks of initial
submittal to City.
E. Prepare draft TM No. 2 which includes the following:
1. Summarize the information provided by City used to establish a baseline
of existing operations into a life-cycle cost analysis for comparison with
treatment alternatives evaluated within this study.
2. Evaluate the probable life-cycle cost opinion for the existing lime softening
process on a dollar per million gallon (MG) production and pounds of
carbon dioxide per MG of treatment.Lime opinion of probable life cycle and
carbon dioxide per MG will consider how the product moves from mine,
kiln, transport, slaking, water treatment, discharge, and hauling and
disposal for land application from data received from others supplying
chemicals to the water treatment plant.
3. Evaluate land application of lime residuals as an allowed disposal method
based on potential legislation on contaminants of concern.
4. Summarize the existing facility and related opinion of probable life-cycle
costs.
5. Conduct preliminary analysis of the existing water treatment facility and the
ability to change, as appropriate, up to two softening alternatives (ion
exchange softening and membrane softening).
6. Provide City with evaluation of the advantages and disadvantages of each
alternative along with understanding of the relative opinion of probable life
cycle costs, capabilities, regulatory, and operational needs of each
alternative to allow comparison with lime softening from a dollar per MG
and pounds of carbon dioxide per MG approach.
7. Summarize the treatment alternatives to lime softening and related opinion
of probable life-cycle costs.
8. Prepare draft TM No. 2 and submit to City for comments. City shall provide
written comments within one week of submittal. TM Na. 2 is anticipated to
include the following sections:
a. Section 5—Summary of Existing Treatment
b, Section 6—Existing Lime Softening Treatment Evaluation
c. Section 7—Softening Treatment Alternative Evaluation
d. Section 8—Softening Treatment Life Cycle Cost Summary
9. Attend one in-person meeting for up to three Consultant representatives
with City to discuss comments and incorporate City comments, as
appropriate. Meeting will occur within two weeks of initial submittal to City.
F. Prepare draft TM No. 3 which includes the following:
Page 3 of 8
•
1_ Evaluate other related water treatment plant items and how they may relate
to the existing water treatment plant or the two potential lime softening
alternatives. The other related items include:
a. Use of anionic or cationic polymers for clarification of the source
waters.
b. Comparison of the high service pumps and pump curves related to
the existing system delivery curves and the ability to potentially
improve or reduce energy use. This comparison may consider the
use of variable frequency drives (VFD) to promote energy savings
using the existing pumps. Prepare an OPCC for the replacement of
the four high service pump VFDs.
c. Use of potassium permanganate with the treatment process,
including impacts on taste and order, manganese health advisory
levels, and injection point location.
d. Removal of the soda ash storage and feed system.
e. Nitrate treatment in addition to deep well blending.
f. Corrosion control with injecting orthophosphate at the contact tank
inlet.
g. PFAS treatment beyond the use of the existing,granular activated
carbon filters, including reverse osmosis filtration and ion
exchange.
2. Provide considerations for additional evaluations, either needed or
suggested, that may be appropriate to aid in the comparison or selection
of alternatives.
3. Evaluate the potential ability to perform un-staffed water treatment plant
operation during third-shift operations.
4. Summarize the current applicable PFAS advisories published by the United
States Environmental Protection Agency and IDNR.
5_ Summarize the evaluation of other water treatment plant items and
considerations as itemized above.
6. Prepare conceptual phasing and summary of OPCC for City-selected
source water and treatment alternatives.
7. Prepare draft TM No. 3 and submit to City for comments. City shall provide
written comments within one week of submittal, TM No. 3 is anticipated to
include the following sections:
a. Section 9—Additional Treatment Considerations
b. Section 10—Conclusions, Phasing, and Opinions of Probable
Costs
8. Attend one virtual meeting with City to discuss and incorporate City
comments, as appropriate. Meeting will occur within two weeks of initial
submittal to City.
G. Communicate with City and its hydrogeologic consultant and attend up to four
virtual meetings and one in-person meeting. Incorporate, as appropriate, the
hydrogeologic survey information provided by City and its hydrogeologic
consultant into the source water evaluation technical memorandums, where
appropriate. A total of 48 hours of engineering time is assumed for this task.
Page 4 of 8
H. Assemble Technical Memoranda Nos. 1 through 3 with City comments
incorporated, as appropriate, and prepare a final report.
II. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown.
Proje:ct-$chedule. : v a
Task _; - -Corrlpietion'
Kickoff Meeting Week of August 28, 2023
TM No. 1 to City November 30, 2023
TM No. 1 Review Meeting December 14, 2023
TM No. 2 to City January 23, 2024
TM No. 2 Review Meeting February 6, 2024
TM No. 3 to City March 15, 2024
TM No. 3 Review Meeting March 29, 2024
Final Report April 30, 2024
III. Compensation for Services
City shall compensate Consultant for Services on an hourly rate basis plus expenses an estimated
not-to-exceed fee of$170,000.
The estimated not-to-exceed fee for the Services is based on wage scale/hourly billing rates that
anticipates the Services will be completed as indicated.
Hourly Billing Rates*
Principal Engineer $322 to$401
Senior Project Manager $219 to$325
Project Managers $124 to$230
Project Engineers and Scientists $ 96 to$155
Engineering Technicians and Draftspersons $ 54 to$186
Administrative $112 Average
Updated annually on July 1
IV. General Terms
A. The Consultant shall not commit any of the following employment practices and agrees to
prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, 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 services
performed up to the time of termination. However, such sums shall not be greater than the
Page 5 of 8
"not-to-exceed" amount listed in Section III. 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 services set forth in this Agreement. Any requests made by the City shall be given
with reasonable notice to the Consultant to assure attendance. Meetings in addition to
those provided in I. Scope of Services shall be considered additional services.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, copies of all basic notes and sketches, charts, computations, and any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost, and
without restrictions or limitation as to the use relative to specific projects covered under
this Agreement. In such event, the Consultant shall not be liable for the City's use of such
documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of
a licensed professional as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however,
that failure of the Consultant to satisfactorily perform in accordance with this Agreement
shall constitute grounds for the City, upon notification to Consultant, 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 reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project will be
paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa
Code prohibits a City officer or employee from having an interest in a contract with the
City, and certifies that no employee or officer of the City, which includes members of the
City Council and City boards and commissions, has an interest, either direct or indirect, in
this Agreement, that does not fall within the exceptions to said statutory provision
enumerated in Section 362.5.
Page 6 of 8
0. Indemnification
1. To the full extent permitted by law, Consultant agrees to defend, indemnify,and hold
harmless the City against any and all claims, demands, suits, loss, expenses,
including reasonable attorney's fees, and for any damages which may be asserted,
claimed or recovered against or from the City by reason of personal injury, including
bodily injury or death, and property damages, including loss of use thereof, caused by
Consultant's negligent acts, errors or omissions in performing the services provided
by Consultant to the City pursuant to the provisions of this Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries which may
result to any person or property by reason of Consultant's negligent acts, errors or
omissions in connection with the services provided by Consultant to the City
pursuant to this Agreement, and agrees to pay the City for all damages caused to the
City's premises resulting from the negligent acts, errors or omissions of Consultant.
3_ The Consultant's obligation to indemnify the City shall not include the obligation to
indemnify, hold harmless, or defend the City against lability, claims, damages,
losses, or expenses, including attorney fees, to the extent caused by or resulting
from the negligent act, error, or omission of the City.
4_ For purposes of this paragraph, the term "Consultant" means and includes the
Consultant, its officers, agents, employees, sub-consultants, and others for whom
Consultant is legally liable,and the term"City"means and includes the City of Iowa
City, Iowa its Mayor, City Council members, employees.
P. Insurance
1. 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 in the sum of $1,000,000 Per
Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To
the fullest extent permitted by applicable state law,a Waiver of Subrogation Clause
(endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing that all
coverages, limits and endorsements required herein are maintained and in full
force and effect, and certificates of Insurance shall provide a minimum thirty (30)
day endeavor to notify, when available by Consultant's insurer. If the Consultant
receives a non-renewal or cancellation notice from an insurance carrier affording
coverage required herein, or receives notice that coverage no longer complies with
the insurance requirements herein, Consultant agrees to notify the City within five
(5) business days with a copy of the non-renewal or cancellation notice.
Q. Standard of Care
1. The Consultant shall perform services for, and furnish deliverables to, the City
pertaining to the Project as set forth in this Agreement. The Consultant shall
possess a degree of learning, care and skill ordinarily possessed by reputable
professionals, practicing in this area under similar circumstances. The Consultant
shall use reasonable diligence and professional judgment in the exercise of skill
and application of learning.
2. Consultant represents that the Services and all its components shall be free of
defects caused by negligence; shall be performed in a manner consistent with the
Page 7of8
standard of care of other professional service providers in a similar Industry and
• application; shall conform to the requirements of this Agreement; and shall be
sufficient and suitable for the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to, and shall
not be construed to be waived by, the availability or unavailability of any insurance,
either of City or Consultant_
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S, This Agreement shall be interpreted and enforced in accordance with the laws of the State
of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in
a court of competent jurisdiction in Johnson County, Iowa.The parties hereto hereby submit
to personal jurisdiction therein and irrevocably waive any objection as to venue therein,
including any argument that such proceeding has been brought in an inconvenient forum.
FOR THE CITY FOR THE CONSULTANT
CITY OF IOWA CITY STRAND ASSOCIATES, INC.°
By: (.Q By: Aie
Joseph M. Bunker
Title: Mayor Title: Corporate Secretary
Date: 08/01/2023 Date: 7 ,V2,3
ATTEST: ATTEST:
Approved by:
City Attorn 's Office 6‘6.-
Date: 7/28/23
Page 8 of 8
Prepared By:Ben Clark, Sr. Engineer
Reviewed By:Juli Seydell Johnson, Parks and Recreation Director
Kumi Morris, Facilities Manager
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$61,500 available in the Recreation Center Improvements
account #R4351
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Agreement
Item Number: 5.k.
August 1, 2023
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 Shive-Hattery, Inc., of Iowa
City, Iowa to provide consulting services for the Mercer Aquatic Center and Scanlon
Gymnasium Roof Replacement Project.
Executive Summary:
This agenda item authorizes an agreement to provide consulting services for the Mercer
Aquatic Center and Scanlon Gymnasium Roof Replacement Project.
Background / Analysis:
The agreement includes a feasibility assessment for installing rooftop photovoltaic (solar)
panels, in addition to design, bidding and construction phase services for replacing the
roofing systems throughout Mercer Aquatic Center and Scanlon Gymnasium. The Scanlon
Gym roof currently has sandbags holding the roof membrane in place as staff discovered it
was bubbled and detaching from the building earlier this summer. Necessary improvements
for future photovoltaic panel installations will be incorporated into the design where feasible.
The project also includes bidding previously-designed skylight and masonry repair work.
Tentative Schedule:
Preliminary Evaluation: August 2023
Schematic Design: September 2023
Design Development: November 2023
Construction Documents: December 2023
Bidding and Negotiation: January 2024
Construction Phase: Spring – Fall 2024
Prepared by:Ben Clark,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436
Resolution No. 23_7 1 5
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 Shive-Hattery, Inc., of Iowa
City, Iowa to provide consulting services for the Mercer Aquatic
Center and Scanlon Gymnasium Roof Replacement Project.
Whereas, the City desires the services of a qualified firm to provide consulting services for the
Mercer Aquatic Center and Scanlon Gymnasium Roof Replacement Project, herein after
referred to as the Project; and
Whereas, the Project involves the replacement of the roofing systems throughout Mercer
Aquatic Center and Scanlon Gymnasium; and
Whereas, the Project includes a feasibility assessment to potentially incorporate future rooftop
photovoltaic(solar) panel installations in the design of the replacement roofing systems; and
Whereas, this project shall include, as a bid alternate, the previously prepared skylight and
masonry repairs scope of work; and
Whereas, the City issued a Request for Qualifications, On-Call Professional Design and
Engineering Services (2023-2025), to private consulting firms interested in providing design and
engineering services related to public improvement projects in the City of Iowa City; and
Whereas, submittals were received from consulting firms and evaluated by a selection
committee; and
Whereas, Consultant was selected based on qualifications, key personnel, project approach,
and fees and rates; and
Whereas, funds are available in the Recreation Center Improvements Account#R4351.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Consultant Agreement attached hereto is in the public interest, and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Passed and approved this 1st day of August , 2023
Ma
Approved by
Resolution No. 23-715
Page 2
Attest: 14ejQ p 41-4_,L1 r' P
City Clerk City Att ey's Office
(Liz Craig-07/26/2023)
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Consultant Agreement
This Agreement, made and entered into this 1st day of August 2023
by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City
and Shive-Hattery, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant.
Whereas the City desires to obtain the services of a qualified consulting firm to provide preliminary
design, final design, preparation of a project manual for bidding, bidding assistance,
and constructions services for the Mercer Aquatic Center and Scanlon Gymnasium Roof
Replacement Project;and
Whereas,the Project involves the replacement of the roofing systems throughout Mercer Aquatic
Center and Scanlon Gymnasium including a feasibility assessment for installing rooftop
photovoltaic(solar) panels; and
Whereas,the Consultant previously prepared drawings and technical specifications for a masonry
and skylight repairs project that was bid and not awarded due to budgetary constraints; and
Whereas, this project shall include, as a bid alternate, the previously prepared skylight and
masonry repairs scope of work; and
Whereas, the City issued a Request for Qualifications, On-Call Professional Design and
Engineering Services (2023-2025), to private consulting firms interested in providing design and
engineering services related to public improvement projects in the City of Iowa City; and
Whereas,submittals were received from consulting firms and evaluated by a selection committee;
and
Whereas, Consultant was selected based on qualifications, key personnel, project approach, and
fees and rates; and
Whereas, funds are available for the consultant work for the Mercer Aquatic Center and Scanlon
Gymnasium project in the Other Projects Account#R4129.
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. Project Description
The project shall include the following:
A. Photovoltaic Feasibility Study
1. The study shall include the following:
a. Review existing roof systems, equipment, roof drains, roof
penetrations, skylights, structural systems, and existing dead/live
load capacities.
b. Identify potential future layout(s)for installing photovoltaic(solar)
panels.
c. Identify pathways for future electrical conduit and other utilities
that may be required.
211230594 Page 1 of 12
d. Provide options for the new roofing system, with respect to
compatibility with solar panels and attachment and fastening
systems.
2. The study shall include cost estimates and options for any required
building upgrades for the future addition of photovoltaic systems, prior to
replacing the roof systems.
3. The study shall be completed as part of the Preliminary Evaluation.
B. Roof Replacement:
1. Remove and replace the existing roofing to the existing roof deck
throughout the buildings. Replace waterproofing including thermal and
moisture-protection.
2. Properly flash all roof mounted equipment, and adjacent wall transitions.
New roof edge sheet metal, copings, and caps will be included to integrate
the roof covering into a single warrantable system.
C. Skylight System Replacement/Repair and Masonry Tuckpointing/Repair:
1. Repair existing skylight system above main lobby area, including gaskets,
seals, flashings, and affected interior finishes. Under a separate alternate
replace the skylight panels and any damaged framing systems.
2. Repair/tuckpoint exterior masonry systems including sealant control joints,
mortar joints, and damaged brick.Also modify cavity wall drainage to
correct wicking and venting issues.
3. This scope of work was previously designed and shall be incorporated into
the project and bid as an alternate.
II. Scope of Services
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Basic Services
1. Attend Project meetings, communicate, provide agenda, record, and
distribute meeting minutes to the members of the Project team, and report
progress to the City for the duration of the Project.
2. Contact governmental authorities, including other City departments,
required to approve the Construction Documents and entities providing
utility services to the Project. Consultant shall respond to applicable
design requirements imposed by those authorities and entities.
3. Assist the City in connection with the City's responsibility for filing
documents and permits required for the approval of governmental
authorities, including other City departments, having jurisdiction over the
Project.
4. Inform the City of the presence of any suspect hazardous material, such
as, but not limited to, mercury, asbestos, and lead. Consultant shall
advise the City on appropriate and/or required testing and mitigation.
211230594 Page 2 of 12
B. Preliminary Evaluation
1. Prepare a preliminary evaluation of the schedule, budget, Project site,
availability and accuracy of record documents, the proposed procurement
and delivery method, and other Project specific information, such as
plans, facility studies and reports, each in terms of the other, to ascertain
the requirements of the Project. Consultant shall notify the City of:
a. Any inconsistencies discovered in the information.
b. Other information or consulting services that may be reasonably
needed for the Project.
2. Present the preliminary evaluation to the City and discuss with the City
alternative approaches to design and construction of the Project.
Consultant shall reach an understanding with the City regarding the
requirements of Project.
C. Schematic Design Phase
1. Based on the requirements of the Project agreed upon with the City,
Consultant shall prepare and present,for the City's approval, a
preliminary design illustrating the scale and relationship of the Project
components.
2. Based on the City's approval of the preliminary design, Consultant shall
prepare Schematic Design Documents for the City's approval.The
Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building
plans, sections and elevations; and may include some combination of
study models, perspective sketches, or digital representations.
Preliminary selections of major building systems and construction
materials shall be noted on the drawings or described in writing.
3. Consultant shall consider sustainable design alternatives, such as
material choices and building orientation,together with other
considerations based on program and aesthetics, in developing a design
that is consistent with the City's program, schedule and budget for the
cost of the work.
4. An initiative of the City of Iowa City's strategic plan is to promote energy
and environmental sustainability. The project should include a carbon
emissions reduction effort, with specific options that will allow the facility
and the City to achieve 45% or greater reduction in carbon emissions as
well as a review of choice of systems in terms of life cycle costs. The City
may obtain more advanced sustainable design services as an Additional
Service.
5. Consultant shall consider the value and present to the City options of
alternative materials, building systems and equipment, together with other
considerations based on program and aesthetics, in developing a design
for the Project that is consistent with the City's program, schedule, and
budget for the cost of the work.
211230594 Page 3 of 12
6. Submit to the City an estimate of the cost of the work.
7. Submit the Schematic Design Documents to the City and request the
City's approval.
D. Design Development Phase
1. Based on the City's approval of the Schematic Design Documents, and
on the City's authorization of any adjustments in the Project requirements
and the budget for the cost of the work, the Consultant shall prepare
Design Development Documents for the City's approval.
2. The Design Development Documents shall illustrate and describe the
development of the approved Schematic Design Documents and shall
consist of drawings and other documents including plans, sections,
elevations, typical construction details, and diagrammatic layouts of
building systems to fix and describe the size and character of the Project
as to civil, architectural,structural, mechanical and electrical systems,
and other appropriate elements.
3. The Design Development Documents shall also include outline
specifications that identify major materials and systems and establish, in
general, their quality levels.
4. Consultant shall update the estimate of the cost of the work. The
estimated cost of work will be the programmed into the project budget as
the Consultant's Estimate and will be published in the council packet and
released to the public. The Consultant shall advise the owner of any
adjustments prior to starting construction documents.
5. Submit the Design Development Documents to the City, advise the City of
any adjustments to the estimate of the cost of the work, and request the
City's approval.
E. Construction Documents Phase
1. Based on the City's approval of the Design Development Documents, and
on the City's authorization of any adjustments in the Project requirements
and the budget for the cost of the work, Consultant shall prepare
Construction Documents and fine tune the estimated construction cost for
the City's approval.
2. The Construction Documents shall illustrate and describe the further
development of the approved Design Development Documents and shall
consist of Drawings and Specifications setting forth in detail the quality
levels and performance criteria of materials and systems and other
requirements for the construction of the Work.
3. Consultant shall incorporate the design requirements of governmental
authorities having jurisdiction over the Project into the Construction
Documents.
F. Bidding and Negotiation Phase
1. Facilitate the distribution of Bidding Documents to prospective bidders.
2. Prepare a contractor contact list that the consultant will contact prior to
distributing the Bidding Documents.
211230594 Page 4 of 12
•
3. Contact all contractors on the contractor contact list and submit the dates
of contact and bidding status information to the City a week before the
pre-bid conference.
4. Organize and conduct a pre-bid conference; prepare agenda; record and
distribute meeting minutes for prospective bidders.
5. Prepare responses to questions from prospective bidders and provide
clarifications and interpretations of the bidding documents to the
prospective bidders in the form of addenda.
6. If the bidding documents permit substitutions, upon the City's
authorization, Consultant shall consider requests for substitutions and
prepare and distribute addenda identifying approved substitutions to all
prospective bidders.
7. Assist with the opening of the bids, and subsequently documenting and
distributing the bidding results, as directed by the City. •
8. Review bids and make a recommendation to award the contract in a
formal document letter.
G. Construction Phase
1. Organize, create an agenda, and conduct a preconstruction conference, •
prepare and distribute meeting minutes.
2. Attend regular progress meetings, prepare, and distribute meeting
minutes, an average of one site meeting every other week of construction
for the duration of the project.
3. The Consultant shall visit the site a minimum of every 10 days or at
intervals appropriate to the stage of the Contractor's operations in order
to:
a. Become generally familiar with and to keep the City informed
about the progress and quality of the portion of the Work
completed.
b. Endeavor to guard the City against defects and deficiencies in the
Work.
c. Determine in general if the Work is being performed in a manner
indicating that the Work,when fully completed will be in
accordance with the Contract Documents.
d. Prepare and distribute field notes with photographic
documentation throughout the project.
4. Keep the City reasonably informed about the progress and quality of the
portion of the Work completed, and promptly report to the City:
a. Known deviations from the Contract Documents.
b. Known deviations form the most recent construction schedule
submitted by the Contractor.
c. Defects and deficiencies observed in the Work.
211230594 Page 5 of 12
5. Review and maintain record of Contractor's Shop Drawings, Product Data
and Samples to check for conformity with the Contract Documents.
6. Review and respond to requests for information about the Contract
Documents.
7. Prepare Construction Change Directives and Change Orders for the
City's approval and execution as required.
8. Review Contractor Pay Applications and certify, that to the best of the
Consultant's knowledge, the Contractor is entitled to payment in the
amount certified.
9. Conduct post construction reviews of the work per
architectural/engineering discipline and issue punch list of items to be
completed.
10. Conduct final reviews of the work per architectural/engineering discipline
after the contractor has notified Consultant,they have completed the
punch list.
11. Consultant shall review.the Operation and Maintenance manuals from the
contractor and ensure that the documents and warranties are accurate
and complete.
12. Upon completion of construction, Consultant shall issue prepare final
closeout documents and assist in obtaining executed documents to
conclude the work. The close out documents should be an electronic set
of full records including:
a. Approved substitutions
b. Final product submittals.
c. Field note documentation
d. Meeting minutes.
e. Record Drawings.
f. Operation and Maintenance Manuals.
13. When the Project is completed,the Consultant shall prepare and provide
a full set of as-constructed Record Drawings, based on changes to the
Contract Documents and Contractor mark-ups, in electronic format as
follows:
a. One complete set of as-constructed Record Drawings shall be
provided in portable document format (pdf).
b. CAD files shall be in the most recent version of Autodesk
AutoCAD and shall include the following:
c. If the files(s) have been translated from another CAD application,
it should be noted as such.
d. Each plan sheet should be complete and ready to print.
e. Plot Style file shall be included.
211230594 Page 6 of 12
•
•
f. If applicable, include all file types used in the plan set; these may
include, but not be limited to, linked attachments such as images,
spreadsheets, and external reference drawings. Do not include
any project data files or other documents not contained within the
plan set. If necessary, include a"Readme"document or any
clarification that may be required.
g. All drawing files that have externally referenced drawings shall be
inserted or bound into the drawing file.
h. All submittals shall include an explanation of the Consultant's CAD
layer scheme.
i. All drawing files shall have the correct layer scheme in place.
I. Services Not Included: The following are additional services are not included in this
Scope, but may be performed upon prior execution of a written amendment to
this Agreement :
1. Asbestos sampling, monitoring, or abatement design services.
2. Production of design documents for any recommended structural
reinforcement or electrical upgrades associated with potential future solar
panels.
Ill. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the
following schedule:
Preliminary Evaluation End of August, 2023
Schematic Design End of September, 2023.
Design Development Early November, 2023
Construction Documents Mid-December, 2023
Bidding and Negotiation January, 2024 •
Construction Phase Spring, 2024 through Late Summer!Early Fall, 2024
IV. Compensation for Services
Consultant shall be compensated for performing the Scope of Services on an hourly basis plus
reimbursable expenses in accordance with the Standard Hourly Fee Schedule, attached hereto
and incorporated herein by this reference, not exceed Sixty-One Thousand, Five Hundred Dollars
($61,500.00)as outlined below:
Preliminary Evaluation $8,500.00
Schematic Design $8.000.00
Design Development $14,000.00
Construction Documents $14,000.00
Bidding and Negotiation $2,000.00
Construction Phase $15,000.00
Total $61,500.00
211230594 Page 7 of 12
V. General Terms
A The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, 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"not-to-exceed"amount listed in Section III. 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 licensed professional as required by Iowa law.
211230594 Page 8 of 12
J The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance
with this Agreement shall constitute grounds for the City to withhold payment of
the amount sufficient to properly complete the Project in accordance with this
Agreement.
K Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and
continue in full force and effect.
L Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultant's own filing use.
M Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a
contract with the City, and certifies that no employee or officer of the City,which
includes members of the City Council and City boards and commissions, has an
interest, either direct or indirect, in this Agreement,that does not fall within the
exceptions to said statutory provision enumerated in Section 362.5.
0 Indemnification
1. To the full extent permitted by law, Consultant agrees to defend,
indemnify, and hold harmless the City against any and all claims,
demands, suits, loss, expenses, including attorney's fees, and for any
damages which may be asserted, claimed or recovered against or from
the City by reason of personal injury, including bodily injury or death, and
property damages, including loss of use thereof, caused by Consultant's
negligent acts, errors or omissions in performing the work and/or services
provided by Consultant to the City pursuant to the provisions of this
Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries
which may result to any person or property by reason of Consultant's
negligent acts, errors or omissions in connection with the work and/or
services provided by Consultant to the City pursuant to this Agreement
and agrees to pay the City for all damages caused to the City's premises
resulting from the negligent acts, errors or omissions of Consultant.
3. The Consultant's obligation to indemnify the City shall not include the
obligation to indemnify, hold harmless, or defend the City against lability,
claims, damages, losses, or expenses, including attorney fees, to the
extent caused by or resulting from the negligent act, error, or omission of
the City.
4. For purposes of this paragraph, the term "Consultant" means and
includes the Consultant, its officers, agents, employees, sub-consultants,
and others for whom Consultant is legally liable, and the term "City"
means and includes the City of Iowa City, Iowa its Mayor, City Council
members, employees, and volunteers.
211230594 Page 9 of 12
P Insurance
1. 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 in the sum of
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause(endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits, and endorsements required herein are
maintained and in full force and effect, and certificates of Insurance shall
provide a minimum thirty(30) day endeavor to notify,when available by
Consultant's insurer. If the Consultant receives a non-renewal or
cancellation notice from an insurance carrier affording coverage required
herein, or receives notice that coverage no longer complies with the
insurance requirements herein, Consultant agrees to notify the City within
five(5) business days with a copy of the non-renewal or cancellation
notice.
Q Standard of Care
1. The Consultant shall perform services for, and furnish deliverables to,the
City pertaining to the Project as set forth in this Agreement. The
Consultant shall possess a degree of learning, care and skill ordinarily
possessed by reputable professionals, practicing in this area under
similar circumstances. The Consultant shall use reasonable diligence
and professional judgment in the exercise of skill and application of
learning.
2. Consultant represents that the Services and all its components shall be
free of defects caused by negligence; shall be performed in a manner
consistent with the standard of care of other professional service
providers in a similar Industry and application; shall conform to the
requirements of this Agreement; and shall be sufficient and suitable for
the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with
the generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to,
and shall not be construed to be waived by, the availability or
unavailability of any insurance, either of City or Consultant.
R There are no other considerations or monies contingent upon or resulting from
the execution of this Agreement, it is the entire Agreement, and no other monies
or considerations have been solicited.
S This Agreement shall be interpreted and enforced in accordance with the laws of
the State of Iowa. Any legal proceeding instituted with respect to this Agreement
shall be brought in a court of competent jurisdiction in Johnson County, Iowa.
The parties hereto hereby submit to personal jurisdiction therein and irrevocably
waive any objection as to venue therein, including any argument that such
proceeding has been brought in an inconvenient forum.
211230594 Page 10 of 12
For the City For the Consultant
1
By: En.A.A4...g.--- ( By: (/ �
��� , Tim Fehr, PE
Title: Mayor Title: Project Manager
Date: 08/01/2023 Date: July 20,2023
Attest: _Le V--)Al_ar.e_____,
Appro d by: b ,,e
City Attor ey's Office
Date
211230594 Page 11 of 12
EXHIBIT A
STANDARD HOURLY FEE SCHEDULE 2023
PROFESSIONAL STAFF: TECHNICAL STAFF:
Grade 1 $104,00 Grade 1 $ 73.00
Grade 2 $124.00 Grade 2 $ 89.00
Grade 3 $138.00 Grade 3 $102.00
Grade 4 $154.00 Grade 4 $110.00
Grade 5 $172.00 Grade 5 $123.00
Grade 6 $185.00 Grade 6 $141.00
Grade 7 $202,00 Grade 7 $157.00
Grade 8 $221.00
Grade 9 $240.00
ADMIN'STAFF: $ 71.00 •
SURVEY STAFF:
One Person $158.00
Two Person $245.00
One Person with ATV $183.00
Two Person with ATV $270.00
Drone Surveyor(Video or Photogrammetry) $195.00
Drone Surveyor(Thermography) $360.00
Reality Capture Processing $161.00
Hydrographic Survey Crew(Two Person) $311.00
Scanning Surveyor $215.00
Surveyor with Two Scanners $295.00
Surveyor with Three Scanners $375.00
Ground Penetrating Radar $160.00
REIMBURSABLE EXPENSES:
TRAVEL IN-HOUSE SERVICES
Mileage-Car/Truck $0.65!Mile Prints/Plots:
Mileage-Survey Trucks $0.75/Mile Bond $.30/Sq.Ft.
Lodging,Meals Cost+10% Mylar $.75/Sq.Ft.
Airfare Cost+10% Photo-gloss $.90/Sq.Ft.
Car Rental Cost+10% Color Bond $.60/Sq.Ft.
Foam Core Mounting $13.00
OUTSIDE SERVICES
Aerial Photogrammetry Cost+10% Color Prints:
Professional Services Cost+10% Letter Size $ 1.00
Prints/Plots/Photos Cost+10% Legal Size $ 2.00
Deliveries Cost+10%
211230594 Page 12 of 12
Hourly Fee Schedule
Effective January 1, 2024 to December 31, 2024
• PROFESSIONAL STAFF:
Grade 1 $111.00
Grade 2 $133.00
Grade 3 $147.00
Grade 4 $165.00
Grade 5 $184.00
Grade 6 $198.00
Grade 7 $216.00
Grade 8 $236,00
Grade 9 $257.00
TECHNICAL STAFF:
Grade 1 $78.00
Grade 2 $96,00
Grade 3 $109.00
Grade 4 $118,00
Grade 5 $132.00
Grade 6 $151.00
Grade 7 $168.00
ADMIN STAFF: $77.00 •
SURVEY STAFF:
One Person $168.00
Two Person $261.00
One Person with ATV $196.00 •
Two Person with ATV $289.00
Drone Surveyor(Video or Photogrammetry) $208.00
Drone Surveyor(Thermography) $384,00
Drone Processing $155,00
Hydrographic Survey Crew(Two Person) $304.00
Scanning Surveyor $216.00
Surveyor with 2 Scanners $304.00
Surveyor with 3 Scanners $392.00
Ground Penetrating Radar $172.00
SHIVEHATT ERY
1207931 i October 14,2022 ARCHJFCFURENGJNEERING
Hourly Fee Schedule
Effective January 1, 2025 to December 31, 2025
PROFESSIONAL STAFF:
Grade 1 $117.00
Grade 2 $140.00
Grade 3 $155.00
Grade 4 $174.00
Grade 5 $194.00
Grade 6 $208.00
Grade 7 $227.00
Grade 8 $248.00
Grade 9 $270.00
TECHNICAL STAFF:
Grade 1 $82.00
Grade 2 $101.00
Grade 3 $115.00
Grade 4 $124.00
Grade 5 $139.00
Grade 6 $159.00
Grade 7 $177.00
ADMIN STAFF: $81.00
SURVEY STAFF:
One Person $177.00
Two Person $275.00
One Person with ATV $206.00
Two Person with ATV $304.00
Drone Surveyor(Video or Photogrammetry) $219.00
Drone Surveyor(Thermography) $404.00
Drone Processing $163.00
Hydrographic Survey Crew(Two Person) $320.00
Scanning Surveyor $227.00
Surveyor with 2 Scanners $320.00
Surveyor with 3 Scanners $412.00
Ground Penetrating Radar $181.00
SH Ur:HA E RY
'12079311 October 14.2022 ARC N RE CT U RE •ENGINEERING
Prepared By:Ben Clark, Sr. Engineer
Reviewed By:Juli Seydell Johnson, Parks and Recreation Director
Kumi Morris, Facilities Manager
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$96,500 available in the City Hall – Other Projects account
#R4129
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Agreement
Item Number: 5.l.
August 1, 2023
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 Shive-Hattery, Inc., of Iowa
City, Iowa to provide consulting services for the City Hall and Robert A. Lee Recreation Center
Roof Replacement Project.
Executive Summary:
This agenda item authorizes an agreement to provide consulting services for the City Hall
and Robert A. Lee Recreation Center Roof Replacement Project.
Background / Analysis:
The agreement includes a feasibility assessment for installing rooftop photovoltaic (solar)
panels, in addition to design, bidding and construction phase services for replacing the
roofing systems throughout City Hall and the Robert A. Lee Recreation Center. Necessary
improvements for future photovoltaic panel installations will be incorporated into the design
where feasible.
Tentative Schedule:
Preliminary Evaluation: August 2023
Schematic Design: October 2023
Design Development: January 2024
Construction Documents: April 2024
Bidding and Negotiation: May 2024
Construction Phase: July 2024 – May 2025
Prepared by:Ben Clark,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436
Resolution No. 23-216
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 Shive-Hattery, Inc., of Iowa
City, Iowa to provide consulting services for the City Hall and
Robert A. Lee Recreation Center Roof Replacement Project.
Whereas, the City desires the services of a qualified firm to provide consulting services for the
City Hall and Robert A. Lee Recreation Center Roof Replacement Project, herein after referred
to as the Project; and
Whereas, the Project involves the replacement of the roofing systems throughout City Hall and
the Robert A. Lee Recreation Center; and
Whereas, as part of the design, necessary improvements for future photovoltaic (solar) panel
installations will be identified and incorporated where feasible; and
Whereas, the City issued a Request for Qualifications, On-Call Professional Design and
Engineering Services (2023-2025), to private consulting firms interested in providing design and
engineering services related to public improvement projects in the City of Iowa City; and
Whereas, submittals were received from consulting firms and evaluated by a selection
committee; and
Whereas, Consultant was selected based on qualifications, key personnel, project approach,
and fees and rates; and
Whereas, funds are available in the City Hall — Other Projects account#R4129.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Consultant Agreement attached hereto is in the public interest, and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Passed and approved this 1st day of August , 2023
0
M r
J Approved by
Attest: / Ill y e L •
City lerk City Attorn 's Office
(Liz Craig —07/26/2023)
Resolution No. 23_21 h
Page 2
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
Thomas
Consultant Agreement
This Agreement, made and entered into this 1st day of August ,2023
by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City
and Shive-Hattery, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant.
Whereas the City desires to obtain the services of a qualified consulting firm to provide preliminary
design, final design, preparation of a project manual for bidding, bidding assistance, and
constructions services for the City Hall and Robert A. Lee Recreation Center Roof Replacement
Project;and
Whereas, the Project involves the replacement of the roofing systems throughout City Hall and
the Robert A. Lee Recreation Center including a feasibility assessment for installing rooftop
photovoltaic(solar) panels; and
Whereas, the City issued a Request for Qualifications, On-Call Professional Design and
Engineering Services (2023-2025), to private consulting firms interested in providing design and
engineering services related to public improvement projects in the City of Iowa City; and
Whereas,submittals were received from consulting firms and evaluated by a selection committee;
and
Whereas, Consultant was selected based on qualifications, key personnel, project approach, and
fees and rates; and
Whereas, funds are available for the consultant work for the City Hall and Robert A. Lee
Recreation Roof project in the City Hall—Other Projects Account#R4129.
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. Project Description
The project shall include the following:
A. Photovoltaic Feasibility Study
1. The study shall include the following:
a. Review existing roof systems, equipment, roof drains, roof
penetrations, skylights, structural systems and existing dead/live
load capacities.
b. Identify potential future layout(s)for installing photovoltaic(solar)
panels.
c. Identify pathways for future electrical conduit and other utilities
that may be required.
d. Provide options for the new roofing system, with respect to
compatibility with solar panels and attachment and fastening
systems.
2. The study shall include cost estimates and options for any required
building upgrades for the future addition of photovoltaic systems, prior to
replacing the roof systems.
Page 1 of 11
211230594
3. The study shall be completed as part of the Preliminary Evaluation.
B. Roof Replacement:
1. Remove and replace the existing roofing to the existing roof deck
throughout the buildings. Replace waterproofing including thermal and
moisture protection.
2. Properly flash all roof mounted equipment, and adjacent wall transitions.
New roof edge sheet metal, copings, and caps will be included to integrate
the roof covering into a single warrantable system.
IL Scope of Services
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Basic Services
1. Attend Project meetings, communicate, provide agenda, record and
distribute meeting minutes to the members of the Project team, and report
progress to the City for the duration of the Project.
2. Contact governmental authorities, including other City departments,
required to approve the Construction Documents and entities providing
utility services to the Project. Consultant shall respond to applicable
design requirements imposed by those authorities and entities.
3. Assist the City in connection with the City's responsibility for filing
documents and permits required for the approval of governmental
authorities, including other City departments, having jurisdiction over the
Project.
4. Inform the City of the presence of any suspect hazardous material, such
as, but not limited to, mercury, asbestos, and lead. Consultant shall
advise the City on appropriate and/or required testing and mitigation.
B. Preliminary Evaluation
1. Prepare a preliminary evaluation of the schedule, budget, Project site,
availability and accuracy of record documents, the proposed procurement
and delivery method, and other Project specific information, such as
plans, facility studies and reports, each in terms of the other, to ascertain
the requirements of the Project. Consultant shall notify the City of:
a. Any inconsistencies discovered in the information.
b. Other information or consulting services that may be reasonably
needed for the Project.
2. Present the preliminary evaluation to the City and discuss with the City
alternative approaches to design and construction of the Project.
Consultant shall reach an understanding with the City regarding the
requirements of Project.
Page 2 of 11
211230594
C. Schematic Design Phase
1. Based on the requirements of the Project agreed upon with the City,
Consultant shall prepare and present, for the City's approval, a
preliminary design illustrating the scale and relationship of the Project
components.
2. Based on the City's approval of the preliminary design, Consultant shall
prepare Schematic Design Documents for the City's approval. The
Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building •
plans, sections, and elevations; and may include some combination of
study models, perspective sketches, or digital representations.
Preliminary selections of major building systems and construction
materials shall be noted on the drawings or described in writing.
3. Consultant shall consider sustainable design alternatives, such as
material choices and building orientation, together with other
considerations based on program and aesthetics, in developing a design
that is consistent with the City's program, schedule and budget for the
cost of the work.
4. An initiative of the City of Iowa City's strategic plan is to promote energy
and environmental sustainability. The project should include a carbon
emissions reduction effort, with specific options that will allow the facility
and the City to achieve 45% or greater reduction in carbon emissions as
well as a review of choice of systems in terms of life cycle costs. The City
may obtain more advanced sustainable design services as an Additional
Service.
5. Consultant shall consider the value and present to the City options of
alternative materials, building systems and equipment, together with other
considerations based on program and aesthetics, in developing a design
for the Project that is consistent with the City's program, schedule, and
budget for the cost of the work.
6. Submit to the City an estimate of the cost of the work.
7. Submit the Schematic Design Documents to the City and request the
City's approval.
D. Design Development Phase
1. Based on the City's approval of the Schematic Design Documents, and
on the City's authorization of any adjustments in the Project requirements
and the budget for the cost of the work, the Consultant shall prepare
Design Development Documents for the City's approval.
2. The Design Development Documents shall illustrate and describe the
development of the approved Schematic Design Documents and shall
consist of drawings and other documents including plans, sections,
elevations,typical construction details, and diagrammatic layouts of
building systems to fix and describe the size and character of the Project
• as to civil, architectural, structural, mechanical, and electrical systems,
and other appropriate elements.
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I .
3. The Design Development Documents shall also include outline
specifications that identify major materials and systems and establish, in
general, their quality levels.
4. Consultant shall update the estimate of the cost of the work. The
estimated cost of work will be the programmed into the project budget as
the Consultant's Estimate and will be published in the council packet and
released to the public. The Consultant shall advise the owner of any
adjustments prior to starting construction documents.
5. Submit the Design Development Documents to the City, advise the City of
any adjustments to the estimate of the cost of the work, and request the
City's approval.
E. Construction Documents Phase
1. Based on the City's approval of the Design Development Documents, and
on the City's authorization of any adjustments in the Project requirements
and the budget for the cost of the work, Consultant shall prepare
Construction Documents and fine tune the estimated construction cost for
the City's approval.
2. The Construction Documents shall illustrate and describe the further
development of the approved Design Development Documents and shall
consist of Drawings and Specifications setting forth in detail the quality
levels and performance criteria of materials and systems and other
requirements for the construction of the Work.
3. Consultant shall incorporate the design requirements of governmental
authorities having jurisdiction over the Project into the Construction
Documents.
F. Bidding and Negotiation Phase
1. Facilitate the distribution of Bidding Documents to prospective bidders.
2. Prepare a contractor contact list that the consultant will contact prior to
distributing the Bidding Documents.
3. Contact all contractors on the contractor contact list and submit the dates
of contact and bidding status information to the City a week before the
pre-bid conference.
4. Organize and conduct a pre-bid conference; prepare agenda; record and
distribute meeting minutes for prospective bidders.
5. Prepare responses to questions from prospective bidders and provide
clarifications and interpretations of the bidding documents to the
prospective bidders in the form of addenda.
6. If the bidding documents permit substitutions, upon the City's
authorization, Consultant shall consider requests for substitutions and
prepare and distribute addenda identifying approved substitutions to all
prospective bidders.
7. Assist with the opening of the bids, and subsequently documenting and
distributing the bidding results, as directed by the City.
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8. Review bids and make a recommendation to award the contract in a
formal document letter.
G. Construction Phase
1. Organize, create an agenda and conduct a preconstruction conference,
prepare and distribute meeting minutes.
2. Attend regular progress meetings, prepare and distribute meeting
minutes, an average of one site meeting every other week of construction
for the duration of the project.
3. The Consultant shall visit the site a minimum of every 10 days or at
intervals appropriate to the stage of the Contractor's operations in order
to:
a Become generally familiar with and to keep the City informed
about the progress and quality of the portion of the Work
completed.
b. Endeavor to guard the City against defects and deficiencies in the
Work.
c. Determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed will be in
accordance with the Contract Documents.
d. Prepare and distribute field notes with photographic
documentation throughout the project.
4. Keep the City reasonably informed about the progress and quality of the
portion of the Work completed, and promptly report to the City:
a. Known deviations from the Contract Documents.
b. Known deviations form the most recent construction schedule
submitted by the Contractor.
c. Defects and deficiencies observed in the Work.
5. Review and maintain record of Contractor's Shop Drawings, Product Data
and Samples to check for conformity with the Contract Documents.
6. Review and respond to requests for information about the Contract
Documents.
7. Prepare Construction Change Directives and Change Orders for the
City's approval and execution as required.
8. Review Contractor Pay Applications and certify, that to the best of the
Consultant's knowledge, the Contractor is entitled to payment in the
amount certified.
9. Conduct post construction reviews of the work per
architectural/engineering discipline and issue punch list of items to be
completed.
10. Conduct final reviews of the work per architectural/engineering discipline
after the contractor has notified Consultant they have completed the
punch list.
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•
11. Consultant shall review the Operation and Maintenance manuals from the
contractor and ensure that the documents and warranties are accurate
and complete.
12. Upon completion of construction, Consultant shall issue prepare final
closeout documents and assist in obtaining executed documents to
conclude the work. The close out documents should be an electronic set
of full records including:
a. Approved substitutions.
b. Final product submittals.
c. Field notes documentation.
d. Meeting minutes.
e. Record Drawings.
f. Operation and Maintenance Manuals.
13. When the Project is completed, the Consultant shall prepare and provide
a full set of as-constructed Record Drawings, based on changes to the
Contract Documents and Contractor mark-ups, in electronic format as
follows:
a. One complete set of as-constructed Record Drawings shall be
provided in portable document format(pdf).
b. CAD files shall be in the most recent version of Autodesk
AutoCAD and shall include the following:
c. If the files(s) have been translated from another CAD application,
it should be noted as such.
d. Each plan sheet should be complete and ready to print.
e. Plot Style file shall be included.
f. If applicable, include all file types used in the plan set;these may
include, but not be limited to, linked attachments such as images,
spreadsheets, and external reference drawings. Do not include
any project data files or other documents not contained within the
plan set. If necessary, include a"Readme"document or any
clarification that may be required.
g. All drawing files that have externally referenced drawings shall be
inserted or bound into the drawing file.
• h. All submittals shall include an explanation of the Consultant's CAD
layer scheme.
All drawing files shall have the correct layer scheme in place.
Services Not Included: The following are additional services are not included in
this Scope, but may be performed upon prior execution of a written amendment
to this Agreement:
1. Asbestos sampling, monitoring, or abatement design services.
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•
2. Production of design documents for any recommended structural
reinforcement or electrical upgrades associated with potential future solar
panels.
Ill. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the
following schedule:
Preliminary Evaluation End of August, 2023
Schematic Design End of October, 2023
Design Development Early of January, 2024
Construction Documents End of April, 2024
Bidding and Negotiation End of May, 2024
Construction Phase July 2024-May 2025
IV. Compensation for Services
Consultant shall be compensated for performing the Scope of Services on an hourly basis plus
reimbursable expenses in accordance with the Standard Hourly Fee Schedule, attached hereto
and incorporated herein by this reference, not exceed Ninety-Six Thousand, Five Hundred
Dollars($96,500.00) as outlined below:
Preliminary Evaluation $16,500.00
Schematic Design $16,000.00
Design Development $23,000.00
Construction Documents $23,000.00
Bidding and Negotiation $2,000.00
Construction Phase(City Hall) $8,500.00
Construction Phase(Robert A. Lee Recreation Center) $7,500.00
Total $96,500.00
V. General Terms
A The Consultant shall not commit any.of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, 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"not-to-exceed" amount listed in Section III. The
City may terminate this Agreement upon seven (7) calendar days'written notice
to the Consultant.
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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 licensed professional as required by Iowa law.
J The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance
with this Agreement shall constitute grounds for the City to withhold payment of
the amount sufficient to properly complete the Project in accordance with this
Agreement.
K Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and
continue in full force and effect.
L Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultant's own filing use.
j M Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a
contract with the City, and certifies that no employee or officer of the City,which
includes members of the City Council and City boards and commissions, has an
interest, either direct or indirect, in this Agreement,that does not fall within the
exceptions tb said statutory provision enumerated in Section 362,5.
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•
•
0 Indemnification
1. To the full extent permitted by law, Consultant agrees to defend,
indemnify, and hold harmless the City against any and all claims,
demands, suits, loss, expenses, including attorney's fees, and for any
damages which may be asserted, claimed or recovered against or from
the City by reason of personal injury, including bodily injury or death, and
property damages, including loss of use thereof, caused by Consultant's
negligent acts, errors or omissions in performing the work and/or services
provided by Consultant to the City pursuant to the provisions of this
Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries
which may result to any person or property by reason of Consultant's
negligent acts, errors or omissions in connection with the work and/or •
services provided by Consultant to the City pursuant to this Agreement
and agrees to pay the City for all damages caused to the City's premises
resulting from the negligent acts, errors or omissions of Consultant.
3. The Consultant's obligation to indemnify the City shall not include the
obligation to indemnify, hold harmless, or defend the City against lability,
claims, damages, losses, or expenses, including attorney fees, to the
extent caused by or resulting from the negligent act, error, or omission of
the City.
4. For purposes of this paragraph, the term"Consultant" means and
includes the Consultant, its officers, agents, employees, sub-consultants,
and others for whom Consultant is legally liable, and the term"City"
means and includes the City of Iowa City, Iowa its Mayor, City Council
members, employees, and volunteers.
P Insurance
1. 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 in the sum of
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement)shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits and endorsements required herein are
maintained and in full force and effect, and certificates of Insurance shall
provide a minimum thirty (30)day endeavor to notify, when available by
Consultant's insurer. If the Consultant receives a non-renewal or
cancellation notice from an insurance carrier affording coverage required
herein, or receives notice that coverage no longer complies with the
insurance requirements herein, Consultant agrees to notify the City within
five (5) business days with a copy of the non-renewal or cancellation
notice.
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Q Standard of Care
1. The Consultant shall perform services for, and furnish deliverables to, the
City pertaining to the Project as set forth in this Agreement. The
Consultant shall possess a degree of learning, care and skill ordinarily
possessed by reputable professionals, practicing in this area under
similar circumstances. The Consultant shall use reasonable diligence
and professional judgment in the exercise of skill and application of
learning.
2. Consultant represents that the Services and all its components shall be
free of defects caused by negligence; shall be performed in a manner
consistent with the standard of care of other professional service
providers in a similar Industry and application; shall conform to the
requirements of this Agreement; and shall be sufficient and suitable for
the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with
the generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to,
and shall not be construed to be waived by, the availability or
unavailability of any insurance, either of City or Consultant.
R There are no other considerations or monies contingent upon or resulting from
the execution of this Agreement, it is the entire Agreement, and no other monies
or considerations have been solicited.
S This Agreement shall be interpreted and enforced in accordance with the laws of
the State of Iowa. Any legal proceeding instituted with respect to this Agreement
shall be brought in a court of competent jurisdiction in Johnson County, Iowa.
The parties hereto hereby submit to personal jurisdiction therein and irrevocably
waive any objection as to venue therein, including any argument that such
proceeding has been brought in an inconvenient forum.
For the City For the Consultant
----f By: By:
Tim R. Fehr, PE
Title: Mayor Title: Project Manager
Date: 08/01/2023 Date: July 20,2023
Attest: C- p f '
A roved by: I
4.GI ,At-t-tAkinvi
ciac(47144-
- City Attorneys Office
/ g73
Date
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EXHIBIT A
STANDARD HOURLY FEE SCHEDULE
Effective January 1,2023 to December 31,2023
PROFESSIONAL STAFF: TECHNICAL STAFF:
Grade 1 $104.00 Grade 1 $ 73.00
Grade 2 $124.00 Grade 2 $ 89.00
Grade 3 $138.00 Grade 3 $102.00
Grade 4 $154.00 Grade 4 $110.00
Grade 5 $172.00 Grade 5 $123.00
Grade 6 $185.00 Grade 6 $141.00
Grade 7 $202.00 Grade 7 $157.00
Grade 8 $221.00
Grade 9 $240.00
ADMIN STAFF: $ 71.00
SURVEY STAFF: •
One Person $158.00
Two Person $245.00
One Person with ATV $183.00
Two Person with ATV $270.00 •
Drone Surveyor(Video or Photogrammetry) $195.00
Drone Surveyor(Thermography) $360.00
Reality Capture Processing $161.00
Hydrographic Survey Crew(Two Person) $311.00
Scanning Surveyor $215.00
Surveyor with Two Scanners $295.00
Surveyor with Three Scanners $375.00
Ground Penetrating Radar $160.00
REIMBURSABLE EXPENSES:
TRAVEL IN-HOUSE SERVICES
Mileage-Car/Truck $0.65/Mile Prints/Plots:
Mileage-Survey Trucks $0.75/Mile Bond $.30/Sq.Ft.
Lodging,Meals Cost+10% Mylar $.75/Sq.Ft.
Airfare Cost+10% Photo-gloss $.90/Sq.Ft.
Car Rental Cost+10% Color Bond $.60/Sq.Ft.
Foam Core Mounting $13.00
OUTSIDE SERVICES
Aerial Photogrammetry Cost+10% Color Prints:
Professional Services Cost+10% Letter Size $ 1.00
Prints/Plots/Photos Cost+10% Legal Size $ 2.00
Deliveries Cost+10%
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Hourly Fee Schedule
Effective January 1, 2024 to December 31, 2024
PROFESSIONAL STAFF:
Grade 1 $111.00
Grade 2 $133.00
Grade 3 $147.00
Grade 4 $165.00
Grade 5 $184.00
Grade 6 $198.00
Grade 7 $216.00
Grade 8 $236.00
Grade 9 $257.00
TECHNICAL STAFF:
Grade 1 $78.00
Grade 2 $96.00
Grade 3 $109.00
Grade 4 $118.00
Grade 5 $132.00
Grade 6 $151.00
Grade 7 $168.00
ADMIN STAFF: $77.00
SURVEY STAFF:
One Person $168.00 •
Two Person $261.00
One Person with ATV $196.00
Two Person with ATV $289.00
Drone Surveyor(Video or Photogrammetry) $208.00
Drone Surveyor(Thermography) $384.00
Drone Processing $155.00
Hydrographic Survey Crew(Two Person) $304.00
Scanning Surveyor $216.00
Surveyor with 2 Scanners $304.00
Surveyor with 3 Scanners $392.00
Ground Penetrating Radar $172.00
SHIVE-HATTERY
1207931 I October 14,2022 ARCNIIECfURFtENGINEERING
•
Hourly Fee Schedule •
Effective January 1, 2025 to December 31, 2025
PROFESSIONAL STAFF:
Grade 1 $117.00
Grade 2 $140.00
Grade 3 $155.00
Grade 4 $174.00
Grade 5 $194.00
Grade 6 $208.00
Grade 7 $227.00
Grade 8 $248.00
Grade 9 $270.00
TECHNICAL STAFF:
Grade 1 $82.00
Grade 2 $101.00
Grade 3 $115.00
Grade 4 $124.00
Grade 5 $139.00 •
Grade 6 $159.00
Grade 7 $177.00
ADMIN STAFF: $81.00
SURVEY STAFF:
One Person $177.00
Two Person $275.00
One Person with ATV $206.00
Two Person with ATV $304.00
Drone Surveyor(Video or Photogrammetry) $219.00
Drone Surveyor(Thermography) $404.00
Drone Processing $163.00
Hydrographic Survey Crew(Two Person) $320.00
Scanning Surveyor $227.00
Surveyor with 2 Scanners $320.00
Surveyor with 3 Scanners $412.00
Ground Penetrating Radar $181.00
SHIVE-HATTERY
12079311 October 14,2022 ARCHITFCTURF ,F.NGINEE-RING
Prepared By:Kim Sandberg, Program Assistant
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Engineer's Report
Resolution
Item Number: 5.m.
August 1, 2023
Resolution accepting the work for the trail improvements for Stone Bridge Estates – Part
Seven, and declaring public improvements open for public access and use.
Executive Summary:
Construction of the trail located within Stone Bridge Estates – Part Seven has been
completed in substantial accordance with the plans and specifications on file with the
Engineering Division of the City of Iowa City.
Background / Analysis:
As part of the subdivider ’s agreement for the Stone Bridge Estates – Part Seven subdivision,
a trail was required to be installed within a trail easement located within Outlot F. The trail
was initially not constructed, as the area had not yet been built upon. All other improvements
for Stone Bridge – Part Seven Subdivision were accepted by Council in 2012.
The trail has now been constructed within Outlot F and it is necessary for Council to accept
the trail improvements to fulfill the obligation required through the subdivider’s agreement.
5,IPA'
Prepared by:Kim Sandberg,Engineering Division,410 E.Washington St.,Iowa City,IA 52240(319)356-5139
Resolution No. 7'1_71 7
Resolution accepting the work for the trail improvements for
Stone Bridge Estates — Part Seven, and declaring public
improvements open for public access and use
Whereas, the Engineering Division has certified that the trail improvements for Stone Bridge
Estates — Part Seven have been completed by the Developer in accordance with the plans and
specifications on file with the City of Iowa City.
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 and that all dedications and
public improvements, in relation to trail improvements, previously set aside as not being open for
public access are hereby formally accepted and declared open for public access and use.
Passed and approved this 1st day of August , 2023
( A-�-
Approv by
Attest: VULAC,e---
City Clerk City Attor ey's Office
(Sara Hektoen —07/26/2023)
It was moved by Tsyl or and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Attachments:REZ23-0004 Staff Report Final w-attachments.pdf
Swygard-late P&Z correspondence.pdf
Item Number: 6.a.
August 1, 2023
Motion setting a public hearing for August 15, 2023 on an ordinance conditionally rezoning
approximately 1.63 acres of land located at 614, 622, and 630 Orchard Court from Low
Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5) to
Riverfront Crossing – Orchard (RFC-O). (REZ23-0004)
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ23-0004
Prepared by: Anne Russett, Senior
Planner
Date: July 19, 2023
GENERAL INFORMATION:
Applicant/Owner: M&W Properties
P.O. Box 5152
Coralville, IA 52241
319-430-5991
Ryanwade1000@gmail.com
Contact Person: Michael Welch
Welch Design and Development
PO Box 679
North Liberty, IA
Requested Action: Rezoning of 614, 622, and 630
Orchard Court from Low Density
Single-Family Residential with a
Planned Development Overlay
(OPD/RS-5) to Riverfront Crossing -
Orchard zone (RFC-O).
Purpose: Rezone the area consistent with
surrounding properties to align with
the adopted land use policy direction
of the Downtown and Riverfront
Crossings Master Plan.
Location: North of W Benton Street and west
of Orchard Street/Court
Location Map:
Size: 1.63 Acres
Existing Land Use and Zoning: Residential buildings, Low Density
Single-Family Residential with a
Planned Development Overlay
2
(OPD/RS-5)
Surrounding Land Use and Zoning: North: RS-8, Medium Density
Single-Family Residential
Zone
RFC-WR, Riverfront
Crossings - West Riverfront
South: RS-8, Medium Density
Single-Family Residential
Zone
RFC-O, River Front
Crossing-Orchard
Subdistrict
West: RS-8, Medium Density
Single-Family Residential
Zone
East: RFC-WR, Riverfront
Crossings - West Riverfront
Comprehensive Plan: Mixed Use
District Plan: Riverfront Crossings Master Plan,
Orchard District
Neighborhood Open Space District: SW3
Public Meeting Notification: Properties within 500’ of the subject
property received notification of the
Planning and Zoning Commission
public meeting. A rezoning sign was
posted on the site on July 3, 2023.
File Date: June 12, 2023
45 Day Limitation Period: July 27, 2023
BACKGROUND INFORMATION:
In 2016, the City Council adopted an amendment to the Downtown and Riverfront Crossings
Master Plan (Master Plan) creating the Orchard District, which included properties along
Orchard Street and Orchard Court north of Benton Street. The purpose of the District was to
encourage residential redevelopment that would serve as a transition between the higher
intensity mixed-use area along S. Riverside Drive and the lower intensity single-family
residential neighborhood to the west.
To implement the land use vision of the Orchard District adopted as part of the Master Plan, the
City Council adopted an amendment to the zoning code to create a new Orchard zoning district
(RFC-O) with associated standards into the Riverfront Crossings Form-Based Code. The zoning
standards were adopted to ensure that buildings are complementary in mass and scale to the
adjacent single-family neighborhood. This zoning code amendment also included the addition of
the Orchard District to the Regulating Plan.
3
In 2017, the property located at 627 Orchard Court was rezoned to RFC-O (REZ17-00003) to
align with the vision of the Master Plan. A new 45-unit, 3-story building was constructed in
conformance with the regulations of the Riverfront Crossings Form-Based Code. The project
includes five income-restricted, affordable housing units on-site.
In 2018, the area within the Orchard District to the south of the subject property was rezoned to
RFC-O (REZ18-00019) to align with the vision of the Master Plan. This included 224, 226, 330,
650, and 652 Orchard Court; 711, 725, 727, 741, and 743 Orchard Street; and 204 W. Benton
Street and included the following conditions:
a.Prior to issuance of a building permit, Owner shall:
i.Dedicate 15’ of right-of-way along the north side of the Benton St. frontage to the
City;
ii.Dedicate a 30’ wide access easement running in a north-south direction generally
along the western 30’ of the vacated Orchard Court right-of-way south across the
property locally known as 330 Orchard Ct., to the southern property line of 330
Orchard Ct., in a location approved by the City Engineer;
iii.Dedicate a 30’ wide public access easement over the span of the pedestrian
street;
iv. Design and obtain approval from the City Forrester of a landscaping plan for the
subject property. The landscaping plan shall include, among other plantings, street
trees in the Orchard St. right-of-way; and
v. Execute an affordable housing agreement to satisfy the affordable housing
obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the
provision of on-site owner-occupied dwelling units, on-site rental dwelling units,
and/or the payment of a fee in lieu of the remaining dwelling units not provided on-
site or as otherwise agreed to between Owner and the City.
b.Prior to issuance of a certificate of occupancy, Owner shall:
i.Construct a 6’ wide sidewalk along the Benton St. frontage of the subject property
in a location approved by the City Engineer;
ii.Construct a 5’ wide sidewalk along the Orchard St. frontage of the subject
property;
iii.Construct a pedestrian street as shown in the concept plan; and
iv.Install all plantings shown on and required by the approved landscaping plan.
In 2022, a developer requested to rezone the subject property to RFC-O (REZ22-0015) in order to
facilitate a specific development concept presented with the rezoning. This rezoning not only
included the subject property, but the land to the south (which was already rezoned RFC-O
(REZ18-00019)). Property addresses for this proposed rezoning included 224, 226, 330, 614,
622, 630, 650, and 652 Orchard Court; 711, 725, 727, 741, and 743 Orchard Street; and 204 W.
Benton Street. The rezoning failed at City Council by a vote of 4-3 since a supermajority was
needed due to the submittal of a valid protest petition from neighbors.
The rezoning application being considered now is for the last remaining 1.63 acres of the Orchard
District that have yet to be rezoned to RFC-O to align with land use policy direction of the
Downtown and Riverfront Crossings Master Plan. This rezoning will complete the land use vision
adopted in the Master Plan.
A good neighbor meeting was not held for this rezoning application.
ANALYSIS:
Current Zoning: The property was zoned Low Density Single-Family Residential with a Planned
Development Overlay (OPD/RS-5) in 1981 (Ordinance No. 81-3038).
4
The RS-5 zone is primarily intended for the development of single-family residential although
some other uses such as duplexes and daycares are allowed in the zone. This conventional
zoning district was created prior to the establishment of the Master Plan and is not consistent with
the current vision for the area. The Planned Development Overlay allows flexibility in the use and
design of structures and land in situations where conventional development may be
inappropriate and where modification to requirements of the underlying zone will not be contrary
to the intent and purpose of this title, inconsistent with the comprehensive plan, as amended, or
harmful to the surrounding neighborhood.
Proposed Zoning: The Riverfront Crossing - Orchard zone (RFC-O) was created to implement
the land use vision adopted with the Orchard District in the Downtown and Riverfront Crossings
Master Plan. The standards incorporated into the zone were designed to ensure that
redevelopment would result in a transition between the higher intensity development along S.
Riverside Dr. and the single-family neighborhood to the west.
The RFC-O zone restricts building height to three stories. Furthermore, unlike the other RFC
zones, the Orchard zone has no bonus height provisions and does not allow building heights to
exceed the base maximum of three stories. The RFC-O also includes standards related to
stepbacks intended to help with the perceived scale of the building. Multi-family buildings that
are two stories or greater are required to have a 10’ stepback. Additionally, development must
be setback at least 30’ from adjacent single-family residential intended to mitigate the visual
impact of larger buildings.
The RFC-O zone also requires the provision of affordable housing, as defined in the Zoning
Code. This requirement mandates the provision of affordable housing units in the amount of 10
or more percent of all dwelling units in the development. This requirement may also be satisfied
through a fee in lieu contribution to an affordable housing fund.
Rezoning Review Criteria:
Staff uses the following two criteria in the review of rezoning:
1.Consistency with the
comprehensive plan;
2.Compatibility with the existing
neighborhood character.
Consistency with the
Comprehensive Plan: The Riverfront
Crossings Master Plan includes several
objectives related to the development
of the Orchard District:
1.Encourage redevelopment that
is complementary in mass and
scale to the adjacent single-
family neighborhood
2.Create a transition from larger-
scale mixed-use and
commercial building along
Riverside Drive to single family
3.Improve design quality of
development
4.Create better and more visible
street access.
5
The plan further notes that development should be restricted to building typologies, such as
cottage clusters, townhomes, live -work townhomes and multi-dwelling buildings that are
designed and scaled in a manner that is complementary to the rhythm and scale of the single-
family neighborhood located to the south and west, where the goal is to preserve the existing
housing stock.
The figure above shows an excerpt from the Riverfront Crossings Master Plan that lists the plan
objectives, desired development character for the district, and the types of development
envisioned for this area.
The proposed rezoning to RFC-O would therefore allow redevelopment that creates a transition
from larger-scale mixed use and commercial buildings along S. Riverside Drive to single family
housing to the west of the district. Development would be required to go through the staff
Design Review Committee and comply with the Riverfront Crossings Form-Based Code, which
incorporates standards that implement the vision and objectives of the adopted policy direction
for this area. Rezoning the property to RFC-O aligns with the Master Plan and facilitates the
type of redevelopment envisioned for this area.
Compatibility with Existing
Neighborhood Character: The Orchard
form-based zoning provisions are
specifically intended to ensure
neighborhood compatibility. The form-
based provisions were deliberately and
expressly created for this area to provide a
transition between the more intensive
development allowed in the Riverfront
Crossings – West Riverfront (RFC-WR)
zone to the east and the existing Medium
Density Single-Family Residential (RS-8)
to the west. To ensure neighborhood
compatibility the zone restricts height to
three stories and requires an increased
setback of 30’ from adjacent residential
uses. In addition, the Regulating Plan (see
figure at right) includes a north/south
pedestrian street that ensures more than
one building, which helps to break up the
mass and scale of any redevelopment.
This pedestrian street is already a required
feature for the land rezoned to RFC-O in
2018.
Transportation and Access: During the 2018 rezoning of adjacent property, utilizing the same
street network, the applicant submitted a traffic study to evaluate how the 2018 proposed
development might impact traffic in the area. The study examined the two intersections
immediately adjacent to the project: Benton Street and Orchard Street and Benton Street and S.
Riverside Drive. The analysis indicated that while the S. Riverside Drive and Benton Street
intersection would continue to operate at an acceptable level of service (LOS) with the
estimated increased vehicle trips, southbound vehicles queueing on Orchard Street at Benton
Street would not. The operating LOS during the AM peak hour and a PM peak hour would be E
and F, respectively.
The parcel rezoned in the 2018 rezoning was anticipated to create an additional 20-30 peak
6
hour trips during AM and PM peak hours (approximately 7:30 A.M. to 8:30 A.M. and 4:30 P.M.
to 5:30 P.M.). The proposed rezoning being considered now would likely result in substantially
more traffic generation than previously contemplated, resulting in an unacceptable LOS for the
Benton and Orchard Street intersection. Engineering and transportation planning staff find that
signalization is the best way to maintain an acceptable level-of-service and safety at the
intersection. Staff recommends as a condition of the rezoning that the owner be required to
signalize the intersection of Benton Street and Orchard Street and construct any necessary
intersection improvements, such as turn lanes.
Staff is also recommending a condition that Orchard Street north of Benton Street be
reconstructed in a manner approved by the City Engineer because it is likely that any
redevelopment will substantially impact the street. The 2018 rezoning already requires the
installation of a 6-foot wide sidewalk along W. Benton Street and a 5-foot sidewalk along
Orchard Court. The City has adopted a Complete Streets policy to encourage a connected
sidewalk network. In furtherance of that policy, Staff is recommending a condition that the 5-foot
sidewalk along Orchard Court be extended north along the subject property frontage.
NEXT STEPS:
Upon recommendation from the Planning and Zoning Commission, the City Council will hold
a public hearing on the proposed rezoning ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of REZ23-0004, a proposal to rezone approximately 1.63 acres
of property located at 614, 622, and 630 Orchard Court from Low Density Single-Family
Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard
zone (RFC-O), subject to the following conditions:
1.Prior to site plan approval for any development on the property, Owner shall:
a.Enter into an agreement with the City providing for the construction of public
improvements, which may allow for the provision of an improvements escrow, prior
to issuance of a building permit. In all cases, however, the public improvements shall
be constructed prior to the issues of any certificate of occupancy. The public
improvements shall include, but not be limited to:
i. 5’ wide sidewalk along the Orchard Street/Court frontage of the subject property
in a location approved by the City Engineer.
ii. Traffic signalization at the corner of W. Benton and Orchard Streets, and
associated intersection improvements, which may include turn lanes, as approved
by the City Engineer.
iii. Reconstruction of Orchard Street/Court in a manner approved by the City
Engineer.
ATTACHMENTS:
1.Location Map
2.Zoning Map
3.Rezoning Exhibit
Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
PROJECT AREA
1.63 Ac
71,196 SF
S88°45'11"W 309.37N00°41'22"W 254.82C4
S07°40'28"W 114.73C1C
2
C3
CURVE SEGMENT TABLE
CURVE
NUMBER
C1
C2
C3
C4
DELTA
159°09'14"
041°15'37"
034°08'33"
008°24'25"
RADIUS
50.00'
15.00'
125.00'
2100.00'
ARC
LENGTH
138.88'
10.80'
74.49'
308.13'
CHORD
LENGTH
98.34'
10.57'
73.39'
307.86'
CHORD
BEARING
S18°04'47"W
S40°56'35"E
S37°18'05"E
N85°15'08"E
SHEET NUMBER:
PAGE 1
PROJECT NO:
1028.1
ISSUED DATE:
06/13/2023
PROJECT MANAGER:
WELCH
REVISION:
---
IOWA CITY
PROPERTIES
ORCHARD COURT
PROJECT NAME:
M&W PROPERTIES, LLC
CLIENT:
REZONING EXHIBIT
SHEET NAME:
ENGINEER:
REVISION LOG:
REV DESCRIPTION DATE
--CITY SUBMITTAL #1 06-13-23
=1"
WHEN PRINTED ON 22"x34" SHEET
0 25 50 10075
50'ORCHARD STREETAPPLICANT INFORMATION
PROPERTY OWNER
M&W PROPERTIES, LLC
2312 DEMPSTER DRIVE
CORALVILLE, IA 52241
APPLICANT
M&W PROPERTIES, LLC
2312 DEMPSTER DRIVE
CORALVILLE, IA 52241
CIVIL ENGINEER
WELCH DESIGN AND DEVELOPMENT
MICHAEL J. WELCH, PE
PO BOX 679
NORTH LIBERTY, IA 52317
(319) 214-7501
REZONING EXHIBIT
ORCHARD COURT
IOWA CITY, IOWA
LEGAL DESCRIPTION
ZONING INFORMATION
CURRENT ZONING:RS-5
PROPOSED ZONING RFC-O
POINT OF
BEGINNING
ALL OF LOTS 4, 5, 6, 7, AND 8 OF ORCHARD COURT SUBDIVISION, ALL IN THE CITY OF IOWA CITY, JOHNSON COUNTY,
IOWA DESCRIBED AS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF SAID ORCHARD COURT SUBDIVISION THENCE ALONG THE EAST
LINE OF SAID LOT 4 S08°00'47"W, 114.47 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE
138.88 FEET ALONG SAID NORTH LINE ON A 50.00 FOOT RADIUS CURVE CONCAVE EASTERLY (CHORD BEARING
S18°04'47"W, 96.34 FEET) TO THE WEST RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 10.80 FEET ALONG SAID
WEST LINE ON A 15.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY (CHORD BEARING S40°56'35"E, 10.57 FEET);
THENCE ALONG SAID WEST LINE 74.49 FEET ON A 125.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY (CHORD
BEARING S37°18'05"E, 73.39 FEET) TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID SOUTH LINE
S88°45'11"W, 309.37 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE ALONG SAID WEST LINE N00°41'22"W,
254.82 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE 318.13 FEET ALONG THE NORTH LINE OF SAID
SUBDIVISION ON A 2,100.00 FOOT RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING N85°15'08"E, 307.86 FEET)
TO THE POINT OF BEGINING.
DESCRIBED AREA CONTAINS 1.63 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD.GIBLIN DRIVEORCHARD
COURT
W. BENTON STREETOLIVE STREETS. RIVERSIDE COURT
IOWA INTERSTATE
R
A
I
L
R
O
A
D
I r ,
-k _ 4
City Council Supplemental Meeting Packet
CITY OF IOWA CITY July 31, 2023
Information submitted between distribution of packet on Thursday and 4:00pm on Monday.
Late Hand W(s);--
t66..a
Calendar- Setting Public Hearings
ezoning 614, 622 and 630 Orchard Court - See correspondence from
gh.
9. Regular Formal Agenda
Item 9.d Adding New Fee for Electric Vehicle Charging - See revised comment.
Comment: This ordinance would add a new fee of $-91-6 $.16 per kilowatt hour for
electric vehicle charging in public parking facilities. It is intended to reimburse the City
for the cost of providing the electric vehicle charging, which includes the cost of
electricity, the cost of the platform to facilitate the charging session and the state's
excise tax on electric fuel.
10. Council Appointments
Item 10.b Parks & Recreation Commission - See revised cover sheet.
July 31,2023 City of Iowa City
Prepared By:Ben Clark, Sr. Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin City Manager
Fiscal Impact:$560,000 available in the Equipment Building Roof Replacement
account #P3990 and to be determined insurance proceeds
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 6.b.
August 1, 2023
Resolution setting a public hearing on August 15, 2023 on project manual and estimate of cost
for the construction of the 2023 Equipment Shop Roof Replacement Project, directing City
Clerk to publish notice of said hearing, and directing the City Engineer to place said project
manual on file for public inspection.
Executive Summary:
This agenda item begins the bidding process for the construction of the 2023 Equipment
Shop Roof Replacement Project.
Background / Analysis:
A high wind event on March 31, 2023 damaged the roof of the Equipment Building.
Temporary repairs were made but are not a sufficient permanent solution. Damage to the
roof is a covered expense under the City’s property insurance. There is a $250,000
deductible and City staff is currently in negotiations with the insurance carrier to determine
what portion of the replacement cost of the roof will be covered under insurance.
This project includes removing temporary repair work and the remainder of the existing metal
roof panels, and replacing the entire roof with new structural insulated standing seam metal
panels. The new panels will have a 4-inch thick insulation core and structural bracing will also
be installed.
Project Timeline:
Public Hearing – August 15, 2023
Bid Letting – August 30, 2023
Award Date – September 5, 2023
Construction – December 22, 2023
Prepared by:Ben Clark,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436
Resolution No. 23-218
Resolution setting a public hearing on August 15, 2023 on
project manual and estimate of cost for the construction of the
2023 Equipment Shop Roof Replacement Project, directing City
Clerk to publish notice of said hearing, and directing the City
Engineer to place said project manual on file for public
inspection.
Whereas, funds for this project are available in the Equipment Building Roof Replacement
account#P3990.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
1. A public hearing on the project manual and estimate of cost for the construction of the
above-mentioned project is to be held on the 15th day of August, 2023, at 6:00 p.m. in the
Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four(4) nor more than twenty(20) days before
said hearing.
3. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this ist day of August , 2023
or
Approved by
•
Attest: A,e AxaP
City Clerk City Att ey's Office
(Liz Craig-07/26/2023)
It was moved by Taylor and seconded by Thnmac the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
Thomas
Prepared By:Ben Clark, Sr. Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$335,000 available in the WWTP Roof Replacements
account #V3170
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 6.c.
August 1, 2023
Resolution setting a public hearing on August 15, 2023 on project manual and estimate of cost
for the construction of the Wastewater Roof Improvements Project, directing City Clerk to
publish notice of said hearing, and directing the City Engineer to place said project manual on
file for public inspection.
Executive Summary:
This agenda item begins the bidding process for the construction of the 2023 Wastewater
Roof Improvements Project.
Background / Analysis:
A multi-year roof management program was prepared in December 2022 to assist the
Wastewater Division with maximizing the life of the roofing systems on all buildings at the
Wastewater Treatment Facility and stormwater and sanitary lift stations throughout the City.
This project includes complete tear-off and roof replacements on the Gas Metering Building,
Sludge Processing Building and South McCollister Pump Station. Additionally, miscellaneous
repairs will be completed on the Influent Pump Station, Grit Dewatering Building, Blower
Building, and Sludge Pump Building.
Project Timeline:
Public Hearing – August 15, 2023
Bid Letting – August 30, 2023
Award Date – September 5, 2023
Construction – September through December 2023
Prepared by:Ben Clark,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436 666kkk
Resolution No. 23-219
Resolution setting a public hearing on August 15, 2023 on
project manual and estimate of cost for the construction of the
Wastewater Roof Improvements Project, directing City Clerk to
publish notice of said hearing, and directing the City Engineer to
place said project manual on file for public inspection.
Whereas, funds for this project are available in the WWTP Roof Replacements account#V3170.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
1. A public hearing on the project manual and estimate of cost for the construction of the
above-mentioned project is to be held on the 15th day of August, 2023, at 6:00 p.m. in the
Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four(4) nor more than twenty(20) days before
said hearing.
3. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this i st- day of Aiigist , 2023
Approved by
Attest: kle.,(1„:e ,�p
City Clerk City Attor y's Office
(Liz Craig—07/26/2023)
It was moved by Taylor and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Prepared By:Bryan Dannen, Sr. Civil Engineer
Reviewed By:Juli Seydell Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin City Manager
Fiscal Impact:$790,000 available in the South Side Recycling Site
account # L3334 and Sturgis Ferry Boat Drop
Improvements account # R4399
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Location Map
Resolution
Item Number: 6.d.
August 1, 2023
Resolution setting a public hearing on August 15, 2023 on the project manual and estimate of
cost for the construction of the Sturgis Ferry Park Improvements and Southside Recycling
Center Project, directing City Clerk to publish notice of said hearing, and directing the City
Engineer to place said project manual on file for public inspection.
Executive Summary:
This project generally includes the construction of new park amenities, including a park
pavilion, paved access and parking lot, and recycling facilities at Sturgis Ferry Park.
Background / Analysis:
The project will improve the quality, accessibility and safety of the current boat ramp. The
existing site is difficult for first-time visitors to navigate and lacks amenities. The
improvements will enhance the boat drop and provide additional opportunities for bank-edge
fishing. The project also accommodates a planned future connection to Iowa City’s existing
bike and pedestrian trail network. In addition, the recycling facilities fill a gap in coverage on
the south side of Iowa City. This site was identified after the loss of the Benton Street and
North Dodge Street sites, and it will provide a permanent location for the temporary recycling
area currently at the old Public Works site.
Project Timeline:
Hold Public Hearing and Approve Project Manual: August 15, 2023
Bid Letting Date: September 12, 2023
Contract Award: September 19, 2023
Construction: October 2023 to May 2024
S Riverside DrRuppert Rd
Iowa RiverProject Location
Iowa City
Municipal Airport
¯
,
Prepared by:Bryan Dannen,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5413
Resolution No. 23-220
Resolution setting a public hearing on August 15, 2023 on the
project manual and estimate of cost for the construction of the
Sturgis Ferry Park Improvements and Southside Recycling
Center Project, directing City Clerk to publish notice of said
hearing, and directing the City Engineer to place said project
manual on file for public inspection.
Whereas, funds for this project are available in the South Side Recycling Site account#L3334 and
Sturgis Ferry Boat Drop Improvements account#R4399.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
1. A public hearing on the project manual and estimate of cost for the construction of the
above-mentioned project is to be held on the 15th day of August, 2023, at 6:00 p.m. in the
Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four(4) nor more than twenty(20) days before
said hearing.
3. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this 1st day of August , 2023
or
Approved by
Attest: - )% ►_e I-2 .
City lerk City Atto ey's Office
(Sara Hektoen—07/27/2023)
It was moved by Tayl nr and seconded by Tbomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x
Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Prepared By:Ethan Yoder, Civil Engineer
Reviewed By:Juli Seydell Johnson, Parks & Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$963,000 available in account #’s R4374 – Mercer Park
Ball Diamond Improvements and R4391 – Tennis Court
Renovations
Staff Recommendation:Approval
Commission Recommendations:Recommended by Parks & Recreation Commission at April
12, 2023 meeting.
Attachments:Resolution
Item Number: 9.a.
August 1, 2023
Resolution approving project manual and estimate of cost for the construction of the Mercer
Park and City Park Court Renovation Project, establishing amount of bid security to
accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place
for receipt of bids.
Executive Summary:
This project generally includes removal and replacement of playing surfaces, drainage
updates, removal and replacement of fencing, and the addition of a hitting wall at Mercer
Park, as well as resurfacing, replacement of fencing, and the addition of hitting practice walls
at City Park. Project originally included renovations of the Mercer Park Baseball Fields. The
baseball complex renovations have been delayed in order to align with funding from the Iowa
City Community School District. The baseball field project is now anticipated for the
summer/fall of 2024.
Background / Analysis:
The tennis court surfaces, fencing and practice walls are deteriorating and require renovation
for continued use.
Project Timeline:
Bid Letting Date: August 22, 2023
Contract Award Council Meeting Date: September 5, 2023
Construction Dates: September 2023 – Spring 2024
4
Prepared by:Ethan Yoder Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5145
Resolution No. 23-221
Resolution approving project manual and estimate of cost for the
construction of the Mercer Park and City Park Court Renovation
Project, establishing amount of bid security to accompany each
bid, directing City Clerk to post notice to bidders, and fixing time
and place for receipt of bids.
Whereas, notice of public hearing on the project manual and estimate of cost for the above-
named project was published as required by law, and the hearing thereon held; and
Whereas, the City Engineer or designee intends to post notice of the project on the website
owned and maintained by the City of Iowa City; and
Whereas, funds for this project are available in the Mercer Park Ball Diamond #1 Turf Conversion
and Tennis Court Renovations accounts#R4374 and #R4391.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The project manual and estimate of cost for the above-named project are hereby
approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa
City, Iowa.
3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated
by the Master Builder of Iowa, and the Iowa League of Cities website.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 1:00 p.m. on the 22nd day of August,
2023. At that time, the bids will be opened by the City Engineer or his designee, and
thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said
bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 6:00 p.m. on the 5th day of September, 2023, or at a special meeting called for
that purpose.
Passed and approved this 1 RI- day of August , 2023.
MaI
( FCC
�oo Approved by
Attest: P)), ��JL
City Clerk City Attorne Office
(Liz Craig—07/24/2023)
Resolution No. 23-221
Page 2
It was moved by Harmsen and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Prepared By:Marri VanDyke, Civil Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$475,000 available in the Annual Pavement Rehabilitation
account #S3824
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Location Map
Resolution
Item Number: 9.b.
August 1, 2023
Resolution approving project manual and estimate of cost for the construction of the North
First Avenue Improvements Project, establishing amount of bid security to accompany each
bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids.
Executive Summary:
The project includes complete roadway reconstruction between Stuart Court and Hickory
Trail, as well as minor storm sewer improvements.
Background / Analysis:
North First Avenue has deteriorated beyond the point of rehabilitation between Stuart Court
and Hickory Trail. Complete reconstruction is necessary in this area to improve pavement
conditions. The width and alignment of North First Avenue will not be changed with this
project.
Project Timeline:
Bid Letting – August 22, 2023
Award Date – September 5, 2023
Construction – September to October 2023
Location Map
North First Avenue Improvements Project
Project
Location
N 1st AveStuart CtBluffwood Circ
l
e
Hickory
T
r
a
i
l Cypress Ct
q, b
Prepared by:Marri VanDyke,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5044
Resolution No. 23-222
Resolution approving project manual and estimate of cost for the
construction of the North First Avenue Improvements Project,
establishing amount of bid security to accompany each bid,
directing City Clerk to post notice to bidders, and fixing time and
place for receipt of bids.
Whereas, notice of public hearing on the project manual and estimate of cost for the above-
named project was published as required by law, and the hearing thereon held; and
Whereas, the City Engineer or designee intends to post notice of the project on the website
owned and maintained by the City of Iowa City; and
Whereas, funds for this project are available in the Annual Pavement Rehabilitation Account
#S3824.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The project manual and estimate of cost for the above-named project are hereby
approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa
City, Iowa.
3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated
by the Master Builder of Iowa, and the Iowa League of Cities website.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 22nd day of August,
2023. At that time, the bids will be opened by the City Engineer or his designee, and
thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said
bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 6:00 p.m. on the 5th day of September, 2023, or at a special meeting called for
that purpose.
Passed and approved this 1st day of August , 2023.
YSA-Adc---
May
Approved by
Attest: t t---P now
City lerk City Attorney' Office = 07/24/2023
Resolution No. 71-772
Page 2
It was moved by Bergus and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Prepared By:Wendy Ford, Economic Development Coordinator
Reviewed By:Rachel Kilburg, Assistant City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Attachments:Report on Process for Council
Map
Resolution
Plan Amendment
Item Number: 9.f.
August 1, 2023
Resolution approving Amendment No. 17 to the City University Project 1 Urban Renewal Plan
to add a project to the Urban Renewal Area.
Executive Summary:
Any urban renewal activities undertaken in an urban renewal area must be included in the
respective urban renewal plan. Amendment #17 to the City University Project 1 Urban
Renewal Area includes a project to rehabilitate the historic exterior of the Iowa City Senior
Center, located within the urban renewal area.
It is important to note that the amendment to the plan does not constitute the approval of any
contract for the project, which will be presented at a future date.
Background / Analysis:
Approval of Amendment No. 17 to the City University Project 1 Urban Renewal Plan would
allow City Council to consider an exterior renovation project in the future that could be funded
by tax increment financing generated from the entire district.
The project would entail exterior renovation over a two year construction season. The
Exterior Historic Assessment from December 2021 identified several areas on the structure in
need of restoration and rehabilitation, including the limestone veneer, masonry parapet, block
arches, and panels, cornice, elastomeric sealants, the wood window frame elements,
windowsill carved stone brackets, raised panels and window. The Senior Center Exterior
Building Envelope Preservation, Restoration and Rehabilitation project will address the items
in the report and the project work includes exterior limestone repair and restoration,
dismantling and reconstruction of existing parapet piers, removal and replacement of existing
windows, removal and replacement of exterior doors, repair and restoration of historic wood
elements at monumental window openings and historic doorways.
The 25,000 square foot building has operated in this capacity for 42 years, serves low
income and aging adults, attracts people from all over the county, and is instrumental in
engaging our older population within the larger community, which suggests that alternative
funding options for the same purposes would be cost prohibitive, disruptive, and provide no
solutions for the historic preservation and building maintenance of this publicly owned historic
building.
Tax increment generated from taxes paid by property owners in this urban renewal area
would be used to finance the project.
Date: July 5, 2023
To:City Council
From: Wendy Ford, Economic Development Coordinator
Re:Report on Amendment process and consultation with affected taxing entities
This report documents the required processes following adoption of a resolution of necessity,
including the public notice given of a public hearing and consultation meeting with other taxing
entities prior to adopting an amendment to an Urban Renewal Plan.
Resolution of Necessity
A Resolution of Necessity (resolution #23-184) to consider Amendment #17 to the City-
University Project 1 Urban Renewal Plan was adopted by City Council on June 20, 2023.
Consultation with Taxing Entities
On June 20, 2023 a meeting notice and invitation were sent for a consultation with the City of
Iowa City and the other taxing entities, Johnson County and the Iowa City Community School
District, concerning the proposed Amendment #17 to the City-University Project 1 Urban
Renewal Area.
The consultation was held on June 30, 2023 at 11:00 a.m. in Emma Harvat Hall, City Hall and
there were no attendees.
State law requires that the taxing entities must submit any written recommendations for
modification regarding the proposed division of revenue within 7 days after the consultation
(June 27, 2023). There were no submissions.
Notice of Public Hearing
On July 13, 2023, notice of a Public Hearing to be held August 1, 2023, on Amendment #17 to
the City-University Urban Renewal Plan was published in the Iowa City Press Citizen.
etk
Prepared by:Wendy Ford,410 E.Washington St., Iowa City, IA 52240(319)356-5248
Resolution No. 23-223
Resolution approving Amendment No. 17 to the City University
Project 1 Urban Renewal Plan to add a project to the Urban
Renewal Area.
Whereas, on June 20, 2023, City Council adopted a resolution of necessity (Res. No.
23-184) contemplating an amendment to the City-University Project 1 Urban Renewal
Plan to facilitate the exterior renovation of the historic building housing the Iowa City
Senior Center, said amendment being the 17th amendment thereto; and
Whereas, pursuant to Res. No. 23-184, consultation with affected taxing entities was
duly held and all required responses to the recommendations made by the affected
taxing entities, 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
Wheresas, pursuant to said Res. No. 23-184, a public hearing was held after due and
proper notice of said public hearing was given, as provided by law, by timely
publication in the Iowa City Press Citizen.
Now, therefore, be it resolved, by the City Council of the City of Iowa City,
Iowa:
Section 1. This Council finds that Amendment No. 17 to the City-University
Project 1 Urban Renewal Plan, attached hereto, conforms to the general plan for the
development of the City as a whole; will not result in the displacement of families; and
does not contain open land to be acquired by the City.
Section 2. That Amendment No. 17 is hereby approved and adopted as the
"Amendment No. 17 to the City-University Project 1 Urban Renewal Plan for the City-
University Project 1 Urban Renewal Area"; and the City Clerk is hereby directed to file
a certified copy of said Amendment No. 17 with the proceedings of this meeting.
Section 3. That the City-University Project 1 Urban Renewal Plan for the City-
University Project 1 Urban Renewal Area, as amended herein, shall be in full force and
effect from the date of this resolution until the later of the date of termination set forth
in the Plan, as amended, 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
Amendment No. 17 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 1st day of August , 2023.
Sr ( A-A-S4-12—
M
-1-
Res. No. 23-223
Page: 2
ATTEST:
City4tLLe
erk
APPROVED:
City Attorne
(Sara Hektoen —07/27/2023)
It was moved by Alter and seconded by RPrV,S
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
Taylor
x Teague
x Thomas
-2-
Amendment No. 17
City-University Project 1
Urban Renewal Plan
City of Iowa City, IA
Original Area Adopted 1969
Amendment No. 1 — 1972 Amendment No. 9 —2001
Amendment No. 2 — 1973 Amendment No. 10 — 2012
Amendment No. 3 — 1973 Amendment No. 11 — 2013
Amendment No. 4— 1976 Amendment No. 12 — 2014
Amendment No. 5 — 1977 Amendment No. 13 — 2015
Amendment No. 6 — 1979 Amendment No. 14 — 2016
Amendment No. 7 — 1984 Amendment No. 15 — 2017
Amendment No. 8 — 1987 Amendment No. 16 — 2020
Table of Contents
Section 1 — Introduction
Section 2 —Urban Renewal Plan Objectives
Section 3 - Proposed Urban Renewal Projects
Section 4— Proposed Urban Renewal Activities
Section 5 -Debt
Section 6 — Urban Renewal Plan Amendments
Section 7 - Effective Period
Section 8 - Repealer
Section 9 - Severability Clause
SECTION 1- INTRODUCTION
The City-University Project 1 Urban Renewal Plan ("Plan") for the City-University
Project 1 Urban Renewal Area ("Area" or "Urban Renewal Area"), adopted in 1969 and
amended sixteen times since, is being further amended with this Amendment #17 to
add a historic presevervation goal and the Senior Center Exterior Building Envelope
Preservation, Restoration and Rehabilitation project.
The base valuation of the area will be unchanged by this Amendment.
SECTION 2— URBAN RENEWAL PLAN OBJECTIVES
• The Urban Renewal Goals and Objectives previously set forth remain unchanged
by this Amendment. This Amendment No. 17 adds the goal of historic preservation and
rehabilitation of the Iowa City Senior Center exterior, originally built in 1904 as the Iowa
City Post Office. The historic structure is in need of an exterior renovation project. The
City commissioned an Exterior Historic Assessment complete in December 2021, which
identified several areas on the structure in need of restoration and rehabilitation,
including the limestone veneer, masonry parapet, block arches, and panels, cornice,
elastomeric sealants, the wood window frame elements, window sill carved stone
brackets, raised panels and window.
SECTION 3 - PROPOSED URBAN RENEWAL PROJECTS
Although certain project activities may occur over a period of years, in addition to
the projects previously proposed in the Plan, as amended, the following proposed urban
renewal projects are hereby added to the Plan:
1. Public Buildings
Project Date Estimated cost
Senior Center Exterior Building Envelope 2024-25 $2,000,000
Preservation, Restoration and Rehabilitation
Rationale:
The Iowa City Senior Center Exterior Building Envelope Preservation,
Restoration and Rehabilitation project will address the recommendations of the 2021
Exterior Historic Assessment, including exterior limestone repair and restoration,
dismantling and reconstruction of existing parapet piers, removal and replacement of
existing windows, removal and replacement of exterior doors, repair and restoration of
historic wood elements at monumental window openings and historic doorways.
The Iowa City Senior Center is located in the former United States Post Office
building at 28 S. Linn Street. Built in 1904 and expanded in 1931, it served as the local
post office until 1975 when a new building was built. Because of its central location, the
vacated building was selected as the new location for the Senior Center in 1981 and
has operated there for 42 years.
The imposing structure was built in the Beaux Arts Style with exterior walls of
Indiana limestone, with ornamental stonework, including quoins, keystones and a stone
balustrade along the parapet. It was listed on the National Register of Historic Places in
1979 and is a Local Landmark and contributing building to Iowa City's Historic
Downtown District.
This 25,000 square foot building is a community center. It has operated in this
capacity for 42 years, serving low income and aging adults, attracts people from all over
the county, and is instrumental in engaging older population within the larger community
Its programming enhances quality of life by creating opportunities to support wellness,
social connections, community engagement, and lifelong learning for a diverse and
growing older adult population.
Its restoration and rehabilitation will serve the entire Urban Renewal Area as an
anchor destination and encourage private investment. This project furthers the stated
City-University Project 1 Urban Renewal Plan objective to preserve and protect
buildings that, for reasons of age, history, architecture or significance, are listed or are
eligible for listing on the National Register of Historic Places (set forth in the 2001 Plan
Amendment).
The City desires to rehabilitate this historic structure so that it may continue to be
a functional space for the Senior Center program and services. Alternative options for
providing the same services would be cost prohibitive, disruptive, and provide no
solutions for its historic preservation and building maintenance.
SECTION 4— PROPOSED URBAN RENEWAL ACTIVITIES
All activities or actions from previous Plan amendments continue, as detailed in
previous Plan amendments.
SECTION 5 - DEBT
1. FY 24 constitutional debt limit: $368,416,450
2. Outstanding general obligation debt: $52,915,000
3. Proposed amount of loans, advances, indebtedness or
bonds to be incurred: The specific amount of debt to be
incurred for the Proposed Urban Renewal Projects has not
yet been determined. The Projects authorized in this
Amendment are only proposed projects at this time. The City
Council will consider each proposed project on a case-by-
case basis to determine if it is consistent with the Plan and in
the public's best interest. These proposed Projects, if
approved, will commence and be concluded over a number
of years. In no event will debt be incurred that would exceed
the City's debt capacity. It is expected that such
indebtedness, including interest thereon, may be financed in
whole or in part with tax increment revenues from the Urban
Renewal Area. Subject to the foregoing, it is estimated that
the cost of the Proposed Urban Renewal Projects described Not to exceed:
above will be approximately as follows: $2,200,000
SECTION 6 — URBAN RENEWAL PLAN AMENDMENTS
If the City of Iowa City desires to amend this Plan, it may do so in conformance
with applicable state and local laws.
SECTION 7 - EFFECTIVE PERIOD
This Urban Renewal Plan Amendment #17 will become effective upon its
adoption by the City Council. Notwithstanding anything to the contrary in the Urban
Renewal Plan, any prior amendment, resolution, or document, the Urban Renewal Plan
shall remain in effect until terminated by the City Council, and 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, will be consistent with Chapter 403 of the Iowa Code.
SECTION 8 - REPEALER
Any parts of the previous Plan, as previously amended, in conflict with this
Amendment are hereby repealed.
SECTION 9 - SEVERABILITY CLAUSE
If any part of the Amendment is determined to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan
as a whole or the previous amendments to the Plan, or any part of the Plan not
determined to be invalid or unconstitutional.
Prepared By:Rebecca Passavant, City Attorney's Office Administrative
Secretary
Reviewed By:Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 9.g.
August 1, 2023
Resolution assessing $1500.00 civil penalty and thirty-day retail cigarette permit suspension
against Hawkeye Smoke and Liquor.
Executive Summary:
Iowa Code Section 453A.22(2) provides that, after a hearing, a civil penalty shall be
assessed when an employee of a retailer violates Iowa Code Section 453A.2(1) by selling or
providing tobacco, tobacco products, or cigarettes to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against
Hawkeye Smoke and Liquor, 108 E. College St. The civil penalty for a third violation within a
three-year period is $1500.00 and a thirty-day retail cigarette permit suspension.
Prepared by:Jennifer Schwickerath,Asst.City Attorney,410 E.Washington St.,Iowa City,IA 52244,319-356-:030
Resolution number:
esolution assessing $1500.00 civil penalty and arty-day retail
c'•arette permit suspension against Hawkeye :moke and
Liq, or
Whereas, on :y 13, 2023, an employee of Linn Food C, DBA Hawkeye Smoke and
Liquor, 108 E. •ollege St., Iowa City, violated low. Code §453A.2(1) by selling or
providing tobacco, •bacco products or cigarettes to . minor; and
Whereas, at the time o the violation, Hawkeye oke and Liquor was operating under a
retail cigarette permit iss. ed by the City of to City; and
Whereas, pursuant to low. Code §453 A. 2(2), an establishment which holds a retail
cigarette permit is subject to . civil pen- •y of$300.00 the first time its employee violates
Iowa Code§453A.2(1), after a ' -aring :nd proper notice; either a civil penalty of$1500.00
or a suspension of its permit for .= p: iod of thirty(30) days the second time its employee
violates §453A.2(1) within a two- :ar period, after a hearing and proper notice; and both
a $1500.00 civil penalty and t' 'rty (30) day permit suspension the third time its
employees violate §453A.2(1) ithi a three-year period, after a hearing and proper
notice; and
Whereas, a hearing was held on this date •y the City Council to determine whether to
assess the civil penalty .•ainst Hawkeye S oke and Liquor and at said hearing the City
Council heard the facts if the violation and t arguments of the retailer, if any; and
Whereas, this is the ird such violation of an e ••loyee of Hawkeye Smoke and Liquor
within a three-year ieriod to be considered by th- City Council under Iowa Code
§453A.22(2).
Now, therefore, •e it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council a,er notice and hearing and pursuant to lo, a Code §453A.22(2) and
§453AS.47A 1) hereby imposes a $1500.00 civil penalt and thirty day retail cigarette
permit suspension against Hawkeye Smoke and Liquor.
Be it further resolved, that said retail cigarette permittee has enty(20) days from the
date of t is Resolution to pay the $1500.00 civil penalty in full t• the City Clerk and to
deliver • the City Clerk its retail cigarette permit for service of a ',lay day suspension.
Be it f rther resolved, that the City Clerk will forward a copy of this ' -solution to the City
Attor ey's Office, which will then provide a copy of the same to the re .it cigarette permit
holier via regular mail sent to the permit holder's place of business as appears on the
ap' lication for a retail cigarette permit.
Passed and approved this_day of , 2023.
ayor
Approved by
Attest:
City Cle City Attorney'- 0, ce—07/24/2023
It was moved by and seconded b, the
Resolution be adopted, and u••n roll call there were:
AYES: NAY'• ABSENT:
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
I r ,
^^ City Council Supplemental Meeting Packet
CITY OF IOWA CITY August 1, 2023
Information submitted between distribution of late handouts on Monday and 3:00 pm on
Tuesday.
Late Handout(s):
5. Consent Calendar- Resolutions and Motions
Item 5.h First Avenue and Scott Boulevard Intersection Improvements - See revised
comment, Council Action Report, Engineers report, and resolution.
Comment: The project has been completed by All American Concrete of West Liberty, Iowa, in
substantial accordance with the project manual. The Engineer's Report and Performance and
Payment bonds are on file with the City Clerk.
• Project Estimated Cost: $ 1,700,000.00
• Project Bid Received: $ 1,489,158.25
• Project Actual Cost: $ 1,631,473.24 $1,629,756.04
9. Regular Agenda
Item 9.g Hawkeye Smoke and Liquor Tobacco Civil Penalty - See revised resolution.
August 1,2023 City of Iowa City
Prepared by:Jennifer Schwickerath,Asst. City Attorney,410 E.Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 23-224
Resolution accepting payment of $1 ,500.00 civil penalty, a thirty-day
suspension and waiver of right to hearing from Hawkeye Smoke and
Liquor
Whereas, on June 26, 2021, an employee of Linn Food LLC, DBA Hawkeye Smoke and Liquor, 108
E. College St., Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco
products or cigarettes to a minor and this was the first such violation by one of its employees in a
two-year period; and
Whereas, on January 12, 2023, an employee of Linn Food LLC, DBA Hawkeye Smoke and Liquor,
108 E. College St., Iowa City,violated Iowa Code§453A.2(1)by selling or providing tobacco,tobacco
products or cigarettes to a minor and this was the second such violation by one of its employees in
a two-year period; and
Whereas, on May 13, 2023, an employee of Linn Food LLC, DBA Hawkeye Smoke and Liquor, 108
E. College St., Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco
products or cigarettes to a minor and this was the third such violation by one of its employees in a
three-year period; and
Whereas, at the time of the violation, Linn Food LLC, DBA Hawkeye Smoke and Liquor was
operating under a retail cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code§453A.22(2), an establishment which holds a retail cigarette permit
is subject to a civil penalty of$300.00 as a result of its employee violating Iowa Code §453A.2(1)for
a first violation within a two-year period; subject to a civil penalty of$1,500.00 or a thirty-day permit
suspension for a second violation within a two-year period, at the retailer's option; and subject to a
civil penalty of$1,500.00 and a thirty-day permit suspension for a third violation within a three-year
period; and
Whereas, Linn Food LLC, DBA Hawkeye Smoke and Liquor has waived its right to the hearing
required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa
Code §453A.2(1), by paying a $1500.00 civil penalty, and surrendering its tobacco permit for thirty
days, from August 2, 2023 to August 31, 2023, to the City Clerk of the City of Iowa City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City
Council should accept the waiver of right to hearing, a payment of$1500.00 civil penalty (upon
receipt) and the thirty-day surrender of the tobacco permit on behalf of Linn Food LLC, DBA
Hawkeye Smoke and Liquor.
Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office,
which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent
to the permit holder's place of business as it appears on the application for a retail cigarette permit.
Resolution No. 23-224
Page: 2
Passed and approved this 1 si-day of A„ ist , 2023.
May
Approved by
Attest:
City Clerk City Attorn 's Office
(Jennifer Schwickerath —08/01/2023)
It was moved by Alter and seconded by Bergus the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
x Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas