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Home My WebLink About2023-09-19 ResolutionAttachments:cigarette resolution.pdf Item Number: 4.c. September 19, 2023 1. Cigarette Permit for JFMC LLC, dba The Pregame Lounge, 220 S. Van Buren St. Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 Resolution Number: 23-254 Resolution to Issue Cigarette Permits Whereas, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: The Pregame Lounge - 220 S. Van Buren St. Passed and approved this 1 9th day of 20 21 1 M aWr Approved by Attest:)� - .fin tity Clerk d1ty At orney's Office It was moved by Taylor and seconded by Resolution be adopted, and upon roll call there were: Ayes: _X X X Nays: Thomas Absent: �_- Alter B ergus Dunn Harmsen Taylor Teague Thomas the Prepared By:Nicole Davies, Finance Director Reviewed By:Geoff Fruin, City Manager Fiscal Impact:Adopted as part of the FY2024 Amended Budget Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Item Number: 5.a. September 19, 2023 Resolution Amending and Adopting FY2024 Interfund Transfers. Executive Summary: The Iowa Department of Management has administrative rules regarding the handling of interfund transfers. All interfund transfers are required to be adopted by resolution by the City Council. The proposed interfund transfers are also being adopted as part of the Fiscal Year 2024 Amended Budget. Background / Analysis: In April 2019, the Iowa Administrative Code incorporated regulations surrounding the management of interfund transfers. In addition to being adopted as part of the budget, which is subject to a public hearing, interfund transfers are required to be approved by the City Council by resolution. Each transfer must include the fund sending the transfer, the fund receiving the transfer, the amount of the transfer, and the reason for the transfer. These rules took effect in May 2019. Prepared by: Nicole Davies, Finance Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5085 Resolution No. 23-255 Resolution Amending and Adopting FY2024 Interfund Transfers Now therefore, be it resolved by the City Council of the City of Iowa City, Iowa that the City of Iowa City, in Johnson County, Iowa, approves the following transfer of monies between funds in accordance with the Administrative Code of the State of Iowa. The City Finance Director is herby authorized to initiate and record the listed inter -fund transfers up to the amounts set out below. Transfer Out Transfer In Original Amended Fund Fund Reason Amount Amount General Fund Cable TV Equipment Reserve Equipment Reserve $10,000.00 $10,000.00 General Fund Wastewater Fund Low Income Discount Donations $2,875.00 $2,875.00 General Fund Water Fund Low Income Discount Donations $2,500.00 $2,500.00 General Fund Refuse Collection Fund Low Income Discount Donations $8,125.00 $8,125.00 General Fund Storm Water Fund Low Income Discount Donations $1,500.00 $1,500.00 General Fund Capital Projects CIP funding $1,598,470.00 $3,598,470.00 General Fund Airport Fund CIP funding $100,000.00 $100,000.00 General Fund MPOJC Fund Operating funding $72,680.00 $72,680.00 General Fund MPOJC Fund Operating funding $0.00 $25,000.00 General Fund Affordable Housing Fund Operating Funding $1,000,000.00 $1,000,000.00 General Fund Library Replacement Reserve Equipment Reserve $62,422.00 $62,422.00 General Fund Debt Service Fund Aniston Village Loan Pmt $20,052.00 $20,052.00 General Fund Transit Fund Transit Levy Transfer $4,221,512.00 $4,221,512.00 General Fund TIF Fund Hilton Garden Inn Rebate Transfer $259,100.00 $259,100.00 General Fund Landfill Fund Loan Repayment $115,178.00 $115,178.00 Facility Reserve Capital Projects CIP funding $1,500,000.00 $3,500,000.00 Road Use Tax Fund Capital Projects CIP funding $2,765,000.00 $2,765,000.00 Road Use Tax Fund Landfill Fund Loan Repayment $76,786.00 $76,786.00 Road Use Tax Fund General Fund Forestry Cost Share $95,816.00 $95,816.00 Road Use Tax Fund MPOJC Fund Cost share $341,973.00 $341,973.00 Employee Benefits General Fund Employee benefits $13,192,818.00 $13,192,818.00 Employee Benefits Road Use Tax Fund Employee benefits $665,184.00 $665,184.00 Emergency Levy Fund Capital Projects CIP funding $350,000.00 $350,000.00 Tax Increment Financing General Fund Loan Repayment $42,869.00 $42,869.00 Tax Increment Financing Capital Projects TIF pre -certification expenditures $1,046.00 $1,046.00 Tax Increment Financing Debt Service Debt payments $1,688,012.00 $1,688,012.00 Parking Fund Landfill Fund Loan Repayment $378,595.00 $378,595.00 Parking Fund Parking Capital Reserve Reserve Transfer $1,000,000.00 $1,000,000.00 Parking Capital Reserve Capital Projects CIP funding $1,000,000.00 $.1,000,000.00 Transit Fund Transit Bus Reserve Reserve Transfer $1,000,000.00 $1,000,000.00 Transit Fund Capital Projects CIP funding $325,000.00 $325,000.00 Wastewater Fund Wastewater Debt Reserve Debt payments $2,575,000.00 $2,575,000.00 Wastewater Fund Wastewater Capital Reserve Reserve Transfer $3,500,000.00 $3,500,000.00 Wastewater Capital Reserve Wastewater Capital Projects CIP funding $2,455,000.00 $2,455.000.00 Water Fund Water Debt Reserve Debt payments $1,364,675.00 $1,364,675.00 Water Fund Water Capital Reserve Reserve Transfer $1,800,000.00 $1,800,000.00 Water Capital Reserve Water Capital Projects CIP funding $3,944,000.00 $3,944,000.00 Refuse Fund Capital Projects CIP funding $250,000.00 $250,000.00 Landfill Fund Landfill Reserves Closure/Replacement funding $875,000.00 $875,000.00 Landfill Fund Capital Projects CIP funding $527,750.00 $527,750.00 Landfill Replacement Reserve Landfill Capital Projects CIP funding $3,500,000.00 $3,500,000.00 Airport Capital Reserve Capital Projects CIP funding $47,000.00 $47,000.00 Storm Water Fund Storm Water Capital Reserve Reserve Transfer $1,100,000.00 $1,100,000.00 Storm Water Capital Reserve Storm Water Capital Projects CIP funding $990,000.00 $990,000.00 Housing Authority Fund General Fund PILOT/NDS Director cost share $54,791.00 $54,791.00 Passed and approved this 19th day of September -2023 Resolution No. 23-255 Page 2 Ma or Attest: City Clerk Approved by City Attorney' Office - 09/11/2023 It was moved by Taylor' and seconded by Thomas be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution Prepared By:Nicole Davies, Finance Director Reviewed By:Geoff Fruin, City Manager Fiscal Impact:No impact Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Purchasing Policy Manual Item Number: 5.b. September 19, 2023 Resolution approving and adopting the new Purchasing Policy Manual for City procurement. Executive Summary: The City's Purchasing Policy Manual is being amended with two major changes as well as many other minor language clarifications. The major provisions are increasing bid limits and purchasing authority as a result of inflationary impacts on expenditures, and modifications for online bidding software. Background / Analysis: There are two major changes being made to the latest version of the City's Purchasing Policy Manual. They are increasing bid limits and purchasing authority, and modifications for online bidding software. The first major change is increasing bid limits and purchasing authority. These limits have not been updated since the Purchasing Policy Manual was first adopted almost 10 years ago. With rising inflation and to keep the procurement process as efficient as possible, we are proposing changing the limits to what is as follows: Limits/Signatures Required NOTE: The thresholds identified below are based on the cost of the initial term of the contract without considering future extensions at the City’s option. The total cost of the full initial term is to be utilized for threshold purposes. NOTE: Public improvement purchases that are less than $50,000 shall follow the methods below in subsections (1) and (2). For public improvement purchases of $50,000 or more please see Section V. NOTE: For this policy, the City Attorney and City Clerk are considered Department Directors. 1.)$15,000 or less (Informal Quotation Process): Procurement Procedure: No set procedure. Pricing obtained must be reasonable. Quotes are recommended. Type of Purchase: All purchases unless exception listed in Section III. Signature Required: Employees up to their daily PCard limit, anything greater must be approved by the Division Head City Attorney Signature: Only on contracts for professional or consulting services 2.) $15,001 to $49,999 (Informal Competitive Process): Procurement Procedure: Request for Quote (RFQ) required. Munis: Quotes supporting the procurement method must be included with all requests for payments. If $25,000 or greater a completed Wage Theft Affidavit must be attached as well. Type of Purchase: All purchases unless listed as an exclusion in Section III. Signature Required: Department Director City Attorney Signature: Only on contracts for professional or consulting services 3.) $50,000 and higher (Formal Competitive Process): Type of Purchase: Professional and Consulting Services (See Section III.B.) Signatures Required: $50,000 to $100,000: Department Director and City Manager >$100,000: Department Director, City Manager, and City Council City Attorney Signature: All purchases Type of Purchase: Public Improvement Projects (all projects must also comply with Iowa Code Chapter 26 and all other related law.) Signatures Required: $50,000 to Competitive Bid Threshold for Vertical Infrastructure (Currently $196,000): Department Director and City Manager >Competitive Bid Threshold for Vertical Infrastructure: Department Director, City Manager, and City Council City Attorney Signature: All purchases Type of Purchase: All others unless listed as an exclusion in Section III. Signatures Required: $50,000 to $200,000 Department Director and City Manager >$200,000 Department Director, City Manager, and City Council City Attorney Signature: All purchases Munis: Purchase Order or Contract required; proposals or bids supporting the procurement method must be stored in the Purchase Order or Contracts Module. The other major change to the Purchasing Policy Manual was to add language to Section V. Public Improvements for changing over to an electronic bidding software. Nicole Davies, Finance Director, 410 E. Washington, Iowa City, IA 52240, (319) 356-5085 Resolution No. 23-256 Resolution approving and adopting the new Purchasing Policy Manual for City procurement. Whereas, the Iowa City Purchasing Manual was last updated August 4, 2020; and Whereas, personnel from the City's Finance, Public Works, Parks & Recreation, City Attorney, and City Manager departments have worked together to revise the Purchasing Manual, which staff believes will create a more concise document, while ensuring a competitive and fair environment for all parties, as well as appropriate accountability and minimizing of future procurement risk for the City; and Whereas, bid limits and purchasing authority limits have been increased; and Whereas, modifications have been made to allow for the use of online bidding software. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. That the attached new Purchasing Policy Manual is hereby approved and adopted. 2. The City Manager is authorized to approve non -substantive changes to the Purchasing Manual in writing. Passed and approved this 19th day of September 2023. M Wor Approved by City Attc r ey s Office - 09/13/2023 Attest: "L f, L�� !-�)) , L City Jerk Resolution No. 23-256 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 B ergus X Dunn X —� Harmsen Taylor X Teague X Thomas PURCHASING POLICY MANUAL Last revised: September 2023 1 TABLE OF CONTENTS SECTION I INTRODUCTION Purpose Page 2 Authority to Purchase Page 2-3 Employee Responsibility Page 3 SECTION II STANDARD PROCUREMENT PROCEDURES Minimum Solicitation Requirements Page 4 Limits Page 4-5 Methods Page 5-7 Advertising Public Bids and Request for Proposals Page 7 Contract Negotiation and Approval Page 7 SECTION III EXCEPTIONS TO STANDARD PROCUREMENT PROCEDURES Public Improvements Page 8 Professional and Consulting Services Page 8 Lease of Real Property or Rental of Equipment from Another Party for More than One Year Page 8-9 Information Technology Purchase Procedures Page 9 Department of Transportation Rock Salt Contract Page 9 Replacement of Fleet Vehicles Page 9 Insurance Coverage Page 10 Travel and Training Page 10 Bulk/Pooled Purchasing Page 10 Emergency Purchases Page 10 Sole Source Page 10-11 Cooperative Purchasing Page 11 Non-Profit Job Training Page 11 Contracts with Other Government Entities Page 11 SECTION IV LEGAL REQUIREMENTS Gratuities/Gift Law Page 12 Prohibited Interest in Public Contracts Policy Page 12 Wage Theft Policy Page 12 Local Preference Page 12-13 Minimum Wage Preference Page 13 State and Federal Funding Page 13 Donated Funds Page 14 Record Retention Page 14 Public Record Page 14 Surplus Equipment Transfer/Disposal Page 14 Shipping Terms Page 14-15 Payment Terms Page 15 SECTION V PUBLIC IMPROVEMENT POLICY General Policies Page 16 Competitive Bid Process Pages 16 - 18 Competitive Quotation Process Pages 18 - 19 Contract Administration Pages 20 - 21 Emergency Repairs Page 21 APPENDIX I PURCHASING TERMS AND DEFINITIONS Pages 22 - 24 APPENDIX II PURCHASING UNDER FEDERAL AWARDS Pages 25 - 27 2 SECTION I. INTRODUCTION A. Purpose The purpose of this manual is to define the City of Iowa City’s purchasing policies, for both goods and services and public improvements, in order to establish uniform purchasing practices throughout the City’s departments and divisions. The policies in this manual encourage competition while promoting fair and equitable treatment of individuals who participate in the procurement process. In the event there is a separate funding authority with its own procurement policy, departments and divisions shall follow both the funding authority’s rules, as well as the City’s purchasing policies. If they conflict, the more stringent policy shall prevail. The Iowa City Public Library and Iowa City Airport are managed by their own separate governing bodies and adopt their own purchasing policies. All other City entities are governed by this Purchasing Manual. B. Authority to Purchase City Council Any spending authority not delegated by City Council is retained by City Council. The City Council determines expenditure levels through the formulation and approval of an Annual Operating Budget and Capital Improvements Program. In performing this policy-making function, the City Council establishes a set of goals, priorities, and performance standards which the City organization directs its collective efforts toward accomplishing. The adoption of the Annual Operating Budget is the approval of a level of expenditures necessary to accomplish the goals and objectives that have been established by each City program. With the exception of specific statutory requirements for Public Improvements, and subject to the limitations imposed by Council resolution on City Manager spending authority, no further Council action is required to initiate purchases within the budget (See Section III (A) of the Purchasing Policy Manual for more on Public Improvements). City Manager The City Manager is delegated the responsibility by the City Council to carry out the policy, direction, and goals of the City Council. It is the City Manager’s responsibility to manage the Annual Operating Budget in such a way that the goals and priorities of the City Council are accomplished. All recommendations for changes in the City’s general purchasing policy will be made with the prior approval of the City Manager. The City Manager may, for good reason consistent with the purposes of these policies, give written permission to the Procurement Coordinator to allow a purchase that is not in compliance with these policies, if the waiver is not inconsistent with applicable law. The City Manager or designee may amend this Purchasing Manual to reflect City Council action. Any other change to the manual must be approved by the City Council. The Procurement Coordinator, City Engineer, and the Equipment Superintendent have been designated by the City Manager to carry out the policies and procedures of the Purchasing Manual. Each of these positions, and their respective divisions, is responsible for implementing and ensuring compliance with the City’s procurement requirements. The Procurement Coordinator assists City departments with the procurement of goods, services, and professional and consulting services. The Equipment Superintendent assists with the acquisition of equipment, vehicles, and fuel, while the City Engineer is responsible for the procurement of Public Improvements and related consultant services. 3 Departments City Departments are responsible for meeting the goals and objectives established by City Council and the City Manager and are provided budget funds to meet these goals. For proper management control, it is necessary that Departments have budget authority prior to making a purchase. Note: Budget authorization for the expenditure of funds does not negate a department’s responsibility to follow the City’s purchasing policies and bid thresholds stated within this manual. C. Employee Responsibility It is the individual responsibility of each employee involved in the procurement process to understand the intent and the meaning of the policies and the procedures stated in this manual. If there is any question or concern relative to either the policies or procedures, or the ability of the employee to respond effectively to the requirements of the procedures, then it is the responsibility of the employee to bring it to the attention of the Procurement Coordinator immediately. Employees are responsible for obtaining the proper approvals prior to purchasing in accordance with solicitation requirements defined in Section II and Section IV. Employees failing to follow the purchasing policies may be subject to discipline. 4 SECTION II. STANDARD PROCUREMENT PROCEDURES A. Minimum Solicitation Requirements The method of procurement for City departments shall be in accordance with the Purchasing Manual and shall consider the nature and circumstances of the specific procurement. The minimum standard methods of procurement are listed below. Exceptions and additional requirements to the below methods are listed in Section III. Departments should also inquire with the Purchasing Division whether the City already has a contract for whatever goods or services are being sought. If City Attorney’s Office approval/signature is required in Section B., the City Attorney’s Office approval/signature must be obtained prior to being signed by the City individual with the authority to make the purchase. Note: Freight, handling, and installation costs are included in all dollar limits stated below. City departments are strictly prohibited from dividing purchases into multiple transactions in order to avoid the bid threshold requirements. Similar purchases across departments may be combined at the Purchasing Division’s discretion to obtain better pricing, service, efficiency, or other purposes that are beneficial to the City. All consultants hired to assist with the development of specifications for a purchase shall be excluded from competing in the procurement process for the award of a contract for that particular purchase. B. Limits/Signatures Required NOTE: The thresholds identified below are based on the cost of the initial term of the contract without considering future extensions at the City’s option. The total cost of the full initial term is to be utilized for threshold purposes. NOTE: Public improvement purchases that are less than $50,000 shall follow the methods below in subsections (1) and (2). For public improvement purchases of $50,000 or more please see Section V. NOTE: For this policy, the City Attorney and City Clerk are considered Department Directors. 1.) $15,000 or less (Informal Quotation Process): Procurement Procedure: No set procedure. Pricing obtained must be reasonable. Quotes are recommended. Type of Purchase: All purchases unless exception listed in Section III. Signature Required: Employees up to their daily PCard limit, anything greater must be approved by the Division Head City Attorney Signature: Only on contracts for professional or consulting services 2.) $15,001 to $49,999 (Informal Competitive Process): Procurement Procedure: Request for Quote (RFQ) required. Munis: Quotes supporting the procurement method must be included with all requests for payments. If $25,000 or greater a completed Wage Theft Affidavit must be attached as well. Type of Purchase: All purchases unless listed as an exclusion in Section III. Signature Required: Department Director City Attorney Signature: Only on contracts for professional or consulting services 5 3.) $50,000 and higher (Formal Competitive Process): Type of Purchase: Professional and Consulting Services (See Section III.B.) Signatures Required: $50,000 to $100,000: Department Director and City Manager >$100,000:Department Director, City Manager, and City Council City Attorney Signature: All purchases Type of Purchase: Public Improvement Projects (all projects must also comply with Iowa Code Chapter 26 and all other related law.) Signatures Required: $50,000 to Competitive Bid Threshold for Vertical Infrastructure (Currently $196,000): Department Director and City Manager >Competitive Bid Threshold for Vertical Infrastructure: Department Director, City Manager, and City Council City Attorney Signature: All purchases Type of Purchase: All others unless listed as an exclusion in Section III. Signatures Required: $50,000 to $200,000 Department Director and City Manager >$200,000 Department Director, City Manager, and City Council City Attorney Signature: All purchases Munis: Purchase Order or Contract required; proposals or bids supporting the procurement method must be stored in the Purchase Order or Contracts Module. C. Methods Request for Quote (RFQ) The buyer will seek a minimum of three written quotations and an award will be made to the vendor who provides the quote with the best combination of cost and quality for the specified good or service. The written quotes must include the date, name of the company, name of the company representative, a description of the goods and/or service (manufacturer, model #, dimensions, etc.), delivery date, freight, terms, and dollar amount. Requests for quotes are managed by each department unless assistance is requested from the Purchasing or Engineering Division. Request for Bid (RFB) A Request for Bid is a formal method used to solicit competitive sealed bids. All Requests for Bids will be conducted by the Purchasing Division, Engineering Division, or Equipment Division. A bid is received as outlined in the bid document; bids may be allowed by paper or electronic means. Paper bids are submitted to the City Clerk’s office in a sealed envelope and electronic bids are received by electronic bidding software. A bid is not opened until a specified time and date, otherwise known as a public bid opening. Award of the bid is made to the lowest responsible and responsive bidder meeting the standards, specifications, and the General Terms and Conditions contained within the solicitation. Bids not received by the stated due date and time will be rejected. Request for Proposal (RFP) A Request for Proposal is a formal method used to solicit competitive sealed proposals that include all of the information contained within a bid as well as other criteria for evaluation. All Requests for Proposals will be conducted by the Purchasing Division, Engineering 6 Division, or Equipment Division.This form of solicitation is not evaluated on price alone; criteria including, but not limited to, the following may be used in evaluating proposals: the quality of the product or service, company responsibility and history, references, financial stability, technical expertise, warranties and guarantees, price, compliance with the specifications, management/customer service, and General Terms and Conditions. The criteria used and the value placed on the criteria will depend on the goods and/or the services solicited. Proposals are received as outlined in the proposal document; proposals may be allowed by paper or electronic means. Paper proposals are received by the City Clerk’s office and electronic submissions are received by electronic bidding software. Proposals received after the due date and time may be rejected. The Purchasing Division, Engineering Division, or the Equipment Division reviews the submitted proposals to make sure that they are complete. The Purchasing Division, Engineering Division, and Equipment Division reserve the right, but are not required, to seek additional information from a proposer or proposers during the review process to ensure their proposal(s) are complete. Only those proposals that are considered complete, otherwise known as responsive, are dispersed to an evaluation committee. The evaluation committee will consist of representatives from the department making the purchase, and other representatives appointed by the Purchasing Division, Engineering Division, or the Equipment Division in cooperation with the department. The committee will receive the complete proposals with instructions from the Purchasing Division, Engineering Division, or the Equipment Division regarding the evaluation process. The evaluation committee shall agree and adhere to the instructions. Once the evaluation committee has reviewed and scored the proposals, the evaluation committee may meet to discuss the proposals and the evaluations. Such discussion may result in final ranking that differs from the original individual scores of evaluators. During this time, items in question will be discussed. The evaluation committee may decide to make an award, elect to request clarification on the proposals, or request a best and final offer from one or more proposers. The evaluation committee may also request an oral presentation to assist with the final decision to award. During this time, all contact with the vendor will be conducted solely through the Purchasing Division, Engineering Division, or the Equipment Division’s point of contact, and responses will be presented in writing to the committee. Request for Qualifications (RFQL) A Request for Qualifications is a formal method used to solicit competitive sealed proposals for the procurement of professional or consulting services that awards the purchase to the firm(s) based upon the firm’s expertise and past performance. All Request for Qualifications will be conducted by the Purchasing Division, Engineering Division, or Equipment Division.This form of solicitation is evaluated on criteria including, but not limited to: the company’s responsibility and history, references, financial stability, technical expertise, experience, project approach, and cost. The criteria used and the value placed on the criteria will depend on the professional or consulting services solicited. Qualifications are received as outlined in the proposal document; qualifications may be allowed by paper or electronic means. Paper qualifications are received by the City Clerk’s office and electronic submissions are received by electronic bidding software. Qualifications received after the due date and time may be rejected. The Purchasing Division, Engineering Division, or the Equipment Division reviews the submitted qualifications to make sure that they are complete. The Purchasing Division, Engineering Division, and Equipment Division reserve the right, but are not required, to seek additional information from a proposer or proposers during the review process to ensure their qualification(s) are complete. Only those qualifications that are considered complete, otherwise known as responsive, are dispersed to an evaluation committee. The evaluation committee, which will consist of representatives from the department making the purchase, and other representatives appointed by the Purchasing Division, Engineering Division, or the Equipment Division in cooperation with the department, 7 will receive the complete qualifications with instructions from the Purchasing Division, Engineering Division, or the Equipment Division regarding the evaluation process. The evaluation committee shall sign and adhere to the instructions. Once the evaluation committee has reviewed and scored the qualifications, the evaluation committee may meet to discuss the qualifications and the evaluations. During this time, items in question will be discussed. Such discussion may result in final ranking that differs from the original individual scores of evaluators.The evaluation committee may decide to make an award or elect to request clarification on the qualifications. The evaluation committee may also request an oral presentation to assist with the final decision to award. During this time, all contact with the vendor will be conducted solely through the Purchasing Division, Engineering Division, or the Equipment Division’s point of contact, and responses will be presented in writing to the committee. D. Advertising Public Bids, Request for Proposals, and Request for Qualifications - City of Iowa City Website With the emergence of electronic procurement, the City of Iowa City’s public website has become one of the main advertising resources for formal Request for Bid, Request for Proposal, and Request for Qualifications solicitations. The Purchasing Division, Engineering Division, and the Equipment Division must post Requests for Proposals, Requests for Bids, Requests for Qualifications, addendums, and bid results to the electronic bidding software which will be linked from the City’s website. The Purchasing Division, Engineering Division, and the Equipment Division in cooperation with the department will use their discretion in determining other appropriate methods of advertising bid and proposal solicitations. E. Contract Negotiation and Approval Contract negotiations with a proposer or bidder will be a collaborative process between the Purchasing, Engineering, or Equipment divisions, the City Attorney’s Office, and the department making the purchase. In order to ensure all of the needs of the City are met, the office (of those mentioned above) with greatest knowledge, experience, and resources pertaining to the good or service being acquired will take the lead on the negotiation; however, all involved City divisions will take a participatory role. The department making the purchase shall be responsible for approving the final contract. The Purchasing, Engineering, or Equipment divisions will be responsible for preparing the contract for final approval and signature. Note: Every effort must be exhausted to research and provide clear and accurate descriptions and specifications of the technical requirements for the material, product, or service to be procured. Each procurement must identify all requirements which the vendors must fulfill and all other factors to be used in evaluating bids or proposals. 8 SECTION III. EXCEPTIONS/MODIFICATIONS TO STANDARD PROCUREMENT PROCEDURES Unless noted below, all purchases in this section must follow the City’s bidding procedures, with respect to the dollar limits listed in Section II. Standard Procurement Procedures, B. Limits. In addition, the contract entry or purchase order entry procedures listed in Section II apply to the following procurements. A. Public Improvements of $50,000 and Higher Public improvement projects differ significantly from the procedures used to procure goods and/or services, and the procurement for this work must be done in accordance with Iowa Code. Section V of this manual sets forth City policies for public improvement procurements of $50,000 and higher. Whether a project is a public improvement is controlled by Iowa Code Chapter 26, Public Construction Bidding, which currently defines a public improvement as outlined in Appendix I, Public Improvement. If the procurement meets the definition of a public improvement project, or there is a question whether the project qualifies as a public improvement project under Iowa law, acquiring departments should consult with the City Attorney’s Office for direction. All Public Improvement projects and competitive bid processes of $50,000 and higher will be managed by the City’s Engineering Division (see Section V. of the Purchasing Manual for policies and procedures for Public Improvements). B. Professional and Consulting Services Professional and Consulting Services include services provided by consultants or individuals or organizations possessing a high degree of education and training, such as lawyers, physicians, architects, planners, and engineers. The requested services may include information, professional advice, training, or direct assistance. Contractors working within other skilled or technical trades, such as construction, mechanical plumbing, electrical services, etc. are considered as providing Operational Services, not Professional and Consulting Services. It is the responsibility of the requesting department to confirm that the contractor possesses the skills required to perform the job. Cost remains an important consideration in securing Professional and Consulting Services. The requestor from the department must confirm that the service provider does not appear on the Prohibited Interest List, maintained by the Finance Department. Written contracts should contain the Prohibited Interest in Public Contracts Policy language, found in Section IV B. C. Lease of Real Property or Rental of Equipment from Another Party for More than One Year City Council signature approval is required for any lease of real property from another party for a term of 3 years or more (including all optional renewals). City Manager signature approval and Department Director approval is required for the leasing or rental of equipment for more than one year. All written lease contracts for real property or rental of equipment from another party must be reviewed and approved by the City Attorney’s Office. For any lease longer than one year for either real property or equipment rental, a copy of the signed lease should be forwarded to the Accounting division. The City allows the leasing or rental of equipment or building(s) if all of the following requirements are met: 1. Funds are budgeted and available to the requesting department; and 2. The period of time involved does not extend beyond fund availability; and 9 3. It is not the intent of the initial rental to transition into a lease/purchase option except for eligible purposes as listed in the City Debt Management Policy. D. Information Technology Purchase Procedures ITS approval is required for any Information Technology procurement. 1.) Hardware and Software Purchases and Related Maintenance Agreements The department initiating the procurement of information technology goods and services, shall submit a "Hardware/Software Recommendation" form to the Information Technology Services (ITS) Help Desk for evaluation and assistance and approval. In the case of information technology goods and services which are not linked to the City's computer network, and which are not supported by ITS, the initiating Department may inform ITS of its intended procurement via e-mail or memo, rather than by submitting a Hardware/Software Recommendation form. (ITS may request additional information from the initiating department if the intended procurement raises concerns as to connectivity, security, alternative procurement that may be less expensive or more efficient, or other issues of concern to ITS). ITS shall provide assistance in the development of specifications for hardware and software needs and related maintenance agreements and development of a Scope of Work ("SOW") to ensure compatibility with existing city hardware and software. For software purchases less than $50,000 per contract term of one year or more, the informal quotation process may be used. 2.) IT Consulting Services ITS will assist the initiating department in the development of the SOW. A preliminary SOW will be submitted to ITS for approval, and ITS will either recommend the SOW be accomplished with in-house resources, or the procurement of an outside source. If outsource procurement is required, ITS will assist the initiating department in defining outsource requirements. 3.)Departments will submit computer-related requests through ITS for review and approval prior to P-Card purchases. ITS will submit requests to the Purchasing Division to issue of any necessary purchase orders or requisitions. ITS will review the computer-related requests and either return it to the initiating department with comments and/or recommendations or forward the completed request to the Purchasing Division. 4.)Unless otherwise specified by ITS, all IT equipment will be delivered to ITS, and ITS will be responsible to track and verify satisfactory receipt of equipment. If the delivery is made directly to the initiating department, the department will immediately alert ITS of the equipment's arrival for inventory tracking purposes. 5.)Renewals of existing software and related maintenance agreements, or upgrades to existing software are not subject to standard procurement procedures and need only Department Director approval and if $50,000 or greater, City Manager approval too. E. Department of Transportation Rock Salt Contract The City of Iowa City piggybacks onto the Iowa Department of Transportation’s Request for Bid on a yearly basis. Although expenditures for this contract can be over $200,000, City Council approval is not required due to state procurement requirements. F. Replacement of Fleet Vehicles The City of Iowa City utilizes state contracts for purchases of car, light duty truck, and van fleet vehicles. Due to the small windows of time that is allowed to purchase under these contracts, it is not feasible to get City Council approval prior to these purchases. As long as these purchases are under a state contract, are part of the adopted budget, and are replacing existing fleet vehicles or are approved fleet additions, City Council approval is not required. 10 G. Insurance Coverage Insurance premium payments are approved through the City Council as part of the budget process. Contracts and other documents relating to procurement and management of insurance coverage over $200,000 need not be approved by the City Council. The City Council has delegated the City Manager to initiate and execute these contracts and related documents. The City Attorney will review any contract if requested by Finance or the City Manager. H. Travel and Training The City’s Travel and Training policy is located on the intranet under Employee Information > Other City Policies/Guidelines. I. Bulk/Pooled Purchasing Where departments purchase similar goods and services and it is in the best interest of the City, these purchases should be pooled together for bidding purposes. A list of commonly used and shared goods and services shall be maintained by the Purchasing Division in the Finance Department. J. Emergency Purchases An emergency purchase may be exempt from the competitive bidding process when the purchase is made due to an unexpected and urgent need, where health and safety or the conservation of public resources is at risk. The use of this process is greatly discouraged and should be utilized only when absolutely necessary. Emergency purchases that are considered public improvements under Iowa Code Section 26.2 (3), must follow the emergency bidding requirements set by state code (see Section V. of the Purchasing Manual for policies and procedures for Public Improvements). Before proceeding with an emergency purchase, the department requiring the commodity or service must receive written approval from the City Manager or designee. Within two (2) weeks following the emergency purchase, the department making the purchase must complete an “Emergency Purchase Form” available from the Purchasing Division and return it to the Purchasing Division. The form will be filed with the purchase in the City’s financial ERP system. K. Sole Source In general, all purchases shall be made on a competitive basis. However, there may be a reason to request a Sole Source purchase. This means that there must be only one product or service that meets the department’s needs, and there is only one vendor through whom the product or service can be procured. In this situation, the individual requesting the purchase must complete a Sole Source Procurement Request form and receive the required signatures; including, but not limited to, the Procurement Coordinator, Finance Director, Department Director, City Manager or designee and the City Attorney’s Office. Sole Source is not appropriate for use when the department has picked a preferred vendor or product among other available vendors or products. A sole source procurement, once approved, is effective for a period of five (5) years. Examples of a Sole Source procurement include: 1.)Items which must be compatible with existing equipment or systems and are available only from the original manufacturer or an exclusive distributor. 2.)Services that can be provided by only one source due to nature of the equipment requiring service (proprietary equipment features). 3.)Items that have specific features or are related to a specific geographic location that are available from only one source, by virtue of experience, expertise, proximity, or ownership of intellectual property rights. 4.)Items or services of information technology for which there are compatibility considerations, or the purchase would prevent voidance or termination of a warranty, or the purchase would prevent default under contract or other obligations. 11 5.)The Federal government or other government provider of funds for the items or services being purchased has imposed clear and specific restrictions on the use of the funds in a way that restricts the procurement to only one vendor. 6.)Professional and Consulting Services when it is in the City’s best interest to use the services of a particular provider due to expertise, experience or knowledge of City operations if the City Manager has authorized use of this sole source criteria prior to submission of the Sole Source procurement Request form. L. Cooperative Purchasing “Piggybacking”, a form of cooperative purchasing, allows government and government-related agencies to utilize existing purchasing contracts or agreements from other government entities. This type of purchasing is a competitive form of procurement that combines the requirements of two or more agencies in order to reduce administrative expenses and obtain better pricing based on volume discounts. City Attorney approval of cooperative purchase contracts is not required, but review by the City Attorney may be requested. In order for a government agency to participate in this form of cooperative purchasing, the following criteria must exist: 1.)The purchasing contract must be current. 2.)The purchasing contract must be the result of a formal competitive process. 3.)The government agency administering the contract must be willing to allow participation on behalf of other government agencies (note: participation may be limited to specific government agencies based on location, etc.). 4.)The government agency taking advantage of the existing contract must purchase the same products identified in the contract. 5.)If the cooperative purchasing contract is a regional contract, the state or the government agency requesting participation must have signed a contract to participate. M. Non-Profit Job Training Contracts with non-profit entities for goods or services provided by those receiving job training from the non-profit entity shall be excluded from this manual’s competitive procurement requirements. All signature authority requirements remain in place with the exception that Council approval is not required as the Council has given the City Manager authority to approve all such contracts without regard to price. N. Contracts with Other Governmental Entities Contracts with other governmental entities for goods or services shall be excluded from this manual’s competitive procurement requirements. All signature authority requirements remain in place with the exception that Council approval is not required as the Council has given the City Manager authority to approve all such contracts without regard to price. . 12 SECTION IV. LEGAL/CONTRACTUAL REQUIREMENTS A. Gratuities/ Gift Law As stated in Iowa Code section 68B.22, as amended, the “Gift Law” prohibits officials, employees, candidates, or their immediate family members from receiving or soliciting gifts from a person who is or is seeking to be a party to a sale, purchase, lease, or contract with the City. Gifts from such restricted donors may be accepted only if they are worth $3.00 or less. Additional exceptions can be found in Iowa Code Section 68B.22(4), as amended, but should not be relied on without the approval of the City Attorney’s Office. B. Prohibited Interest in Public Contracts Policy Pursuant to Iowa Code section 362.5 says that City employees shall not have a direct or indirect interest in any contract, job, or sale that is entered into, or services that are performed, for the City. Contracts made in violation of this prohibition are void unless certain exceptions apply. See “Prohibited Contracts” Administrative (City Manager) Regulation Policy for additional detail. Before proceeding with a purchase, the department procuring the goods or services must confirm the vendor is not on the Prohibited Vendor list, that is available on the City’s Intranet. Some exceptions apply, but no procurement may be made from a Prohibited Vendor without the written approval of the City Attorney’s Office. Procurements made in violation of this policy may result in disciplinary action and/or criminal charges under Iowa Code Section 362.5. C. Wage Theft Policy All City contractors with contracts of $25,000 or more must abide by the requirements of the City’s Wage Theft Policy. Pursuant to the Wage Theft Policy, the City will not enter into certain contracts with, or provide discretionary economic development assistance to, any person or entity (including an owner of more than 25% of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, for a period of five (5) years from the date of the last conviction, entry of plea, administrative finding or admission of guilt. The Wage Theft Policy does not apply to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City’s purchasing manual, cooperative/piggyback purchasing or contracts with other governmental entities. For all other applicable contracts, the City’s Wage Theft Policy must be included in the City’s solicitation/bid package. D. Local Preference Preference may be given to local businesses or vendors that have a business located within Johnson County. This includes branch operations and franchises. Cost and other considerations being equal, local businesses shall be given first consideration for the purchase of goods or services. A local business or vendor that submits a quote or bid by the established deadline falling within 5% of the lowest bid will have the opportunity to match the lowest price submitted, but only if that price was submitted by a non-local vendor. In this instance, the City representative responsible for issuing the solicitation will contact the local vendor/business that has fallen within the 5% threshold to request a price match. The business/vendor will have a twenty-four (24) hour period to submit a written price match to the City representative. If more than one local business/vendor meets the criteria above, each local vendor will be given forty-eight hours to submit a lower bid in writing. All revised bids must be at or lower than the original lowest bid. At the close of the forty-eight (48) hour period, the 13 contract will be awarded to the lowest bidder, local or otherwise. In the event of a tie, the local vendor will be awarded the contract. If two or more local vendors tie, the award will be determined by coin flip. The local preference policy does not apply to Public Improvement projects, goods and services acquired through the Request for Proposal or Request for Qualifications process, or purchases utilizing Federal Transit funds or Federal funding. E. Minimum Wage Preference Preference may be given to businesses or vendors that have a certified minimum wage at or above the Johnson County recommended minimum wage. This includes branch operations and franchises. Cost and other considerations being equal, businesses that have a certified minimum wage at or above the Johnson County recommended minimum wage shall be given first consideration for the purchase of goods or services. A business or vendor that has a certified minimum wage at or above the Johnson County recommended minimum wage that submits a quote or bid by the established deadline falling within 5% of the lowest bid will have the opportunity to match the lowest price submitted, but only if that price was submitted by a vendor that has not certified that they pay a minimum wage at or above the Johnson County recommended minimum wage . In this instance, the City representative responsible for issuing the solicitation will contact the vendor/business that has fallen within the 5% threshold to request a price match. The business/vendor will have a twenty-four hour period to submit a written price match to the City representative. If more than one business/vendor meets the criteria above, each vendor will be given forty-eight hours to submit a lower bid in writing. All revised bids must be at or lower than the original lowest bid. At the close of the forty-eight hour period, the contract will be awarded to the lowest bidder, regardless of minimum wage. In the event of a tie, the vendor with the highest minimum wage will be awarded the contract. If two or more vendors tie, the award will be determined by coin flip. The minimum wage preference policy does not apply to Public Improvement projects, goods and services acquired through the Request for Proposal or Qualifications process, or purchases utilizing Federal Transit funds or Federal funding. F. State and Federal Funding The purchasing policies stated in this manual are not preempted by the requirements for state and federal grants unless the city requirement is inconsistent with the state or federal grant requirements, in which case departments shall follow the strictest of any applicable policy. Departments shall adhere to the City’s purchasing policies and all state and federal requirements, including completion of all required documents. In addition, all applicable conditions of state or federal funding must be included in bid and proposal solicitations. Transit procurements conducted with funds administered by the Federal Transit Administration directly or through the Iowa Department of Transportation must follow all federal requirements. As these requirements differ from those outlined in the City of Iowa City Purchasing Manual, FTA regulations shall take precedence. The City of Iowa City Transportation Services Director shall provide documentation of the processes when federally funded procurements occur. See APPENDIX II for additional requirements for purchasing under Federal awards. 14 G. Donated Funds Departments are required to follow the bidding policies stated in this manual unless all of the following is true: 1.)Private funds are offered to the City for procurement of good or services. 2.)The City does not contribute any funds to the procurement. H. Record Retention The Purchasing Division and Public Works Department, who are responsible for the procurement of goods, services, and equipment, are required to retain all written contracts, including bid and request for proposal documents, the awarded vendor’s bid or proposal, and the purchase order for a period of ten (10) years after expiration of the contract. Departments procuring goods, services, and equipment through the informal quotation process, where assistance is not provided by Purchasing, are responsible for retaining documentation (including all quotes received) for a period of ten (10) years after expiration of the contract. I. Public Record Procurement information shall be recognized as public record to the extent provided by law and as set by Council Resolution 22-167, passed July 12 th, 2022, or by any subsequent resolution adopting a new public records policy. However, the identity of any vendor submitting a quote, bid, proposal, or qualifications and documents submitted may only be released to City staff prior to award of the contract, without approval of the City Attorney’s Office. All details of contract quotes, bids, proposals, and qualifications shall be kept confidential until final award of the contract. Details of contracts requiring Council approval may be disclosed as part of the Council approval process. In that event, disclosures should be limited as much as possible in order to best preserve the integrity of the procurement process. Questions regarding the potential confidentiality of documents should be directed to the City Attorney’s Office. J. Surplus Equipment Transfer/Disposal If a department no longer has a use for surplus vehicles and equipment, including, but not limited to, office furniture, heavy equipment, and computer equipment, the department should contact the Purchasing Division to assist with transfer or disposal. The Purchasing Division may contact other City divisions to determine whether they may have use for the surplus equipment. If no City department has use for the item, the Purchasing Division may dispose of it through public bidding (online), sealed bidding, the sale or transfer to other governmental agencies, or through donation or sale to a non-profit organization. The department requesting the transfer/disposal of the equipment shall provide the Purchasing Division with a description of the item (color, measurements), make, model, serial number, condition of the item, and any other pertinent information required to assist with transfer/disposal. K. Shipping Terms When purchasing goods from a vendor it is important that the department understands and designates the appropriate shipping terms. The shipping terms not only determine who has the legal right to specify the carrier and the routing of any goods purchased, but they also define the point at which the City takes title of the goods, otherwise known as “free on board” (F.O.B.), and thus who takes the risk of damage during transit. The most common freight terms are F.O.B. destination and F.O.B. point of origin. F.O.B. destination (City of Iowa City Address) – title/ownership of the goods passes to the department when the goods have been delivered to the City. The cost of shipping and the risk of loss are borne by the vendor. The vendor is responsible for the goods until they are delivered. 15 F.O.B. point of origin (vendor’s facility) – title/ownership of the goods passes to the department at the vendor’s facility. The department or division owns the goods in transit and files any claims. The department or division is responsible for the goods at the origin of shipment. Note: F.O.B. destination (City of Iowa City Address) is the City’s preferred method of shipping since the seller maintains ownership of the goods until they are delivered. The cost of shipping (activities performed in preparation of the outgoing shipment of goods, which may include packaging, weighing, marking, loading, etc.) and the risk of loss are borne by the seller. All shipments must be sent to an official City business address only and never to a personal address. L. Payment Terms Before a department signs a contract for the procurement of goods or services the payment terms must be carefully reviewed. Unless otherwise specified, the City’s standard payment terms designate that payment to the vendor may be made only after inspection, approval, and final acceptance of the goods or services. Procurements for construction, capital equipment, professional services and other labor intensive and/or capital-intensive projects may require interim payments. Interim payments or milestone payments must be clearly defined in written form in order to eliminate confusion between the City and the vendor. Whether the City makes interim payments or makes a single payment, it is important that the department not only receives the goods or services, but performs a complete inspection and confirms that the products received or the services performed are acceptable before payment to the vendor is made. Payment in advance is strongly discouraged. The City’s ability to remedy a problem is severely hampered if we have already paid the vendor for the good or services. Advance payment or prepayment for products or services is strongly discouraged (exclusions: subscriptions, memberships). 16 SECTION V. PUBLIC IMPROVEMENTS I.General Policies A. The purpose of this section is to procure the services of contractors by competition in a manner that will lead to the best results at the lowest price and to forestall fraud, favoritism and corruption in the making of contracts. B. These policies and procedures shall be maintained to be in conformance with the laws of the State of Iowa and shall be administered by the City Engineer, with assistance from the Public Works Director, City Attorney, Finance Director, and City Manager. In the event of a conflict between these policies and state law, state law shall apply. C. The public improvements procurement process is not required for soliciting and contracting for architectural, landscape architectural, engineering design, or other professional services for a public improvement project. Procurements such as this must be conducted in accordance with the provisions in Section II of the Purchasing Policy Manual. D. Minimum thresholds for competitive bidding will be established in Iowa Code section 26.3 and adjusted pursuant to Iowa Code section 314.1B. Public improvements that do not require competitive bidding under Iowa Code but are greater than $50,000 will be subject to the competitive quotation process as defined by Iowa Administrative Code chapter 180 and this policy. Public improvements that are estimated to cost less than $50,000 will be subject to the bidding procedures set in Section II.B of the Purchasing Policy Manual. Under Iowa Code Section 26.5, departments are prohibited from dividing the project into separate parts, regardless of intent. E. Thresholds for bidding are determined by the engineer’s cost estimate for the total cost of the improvement. The estimated total cost to construct a public improvement, includes the cost of labor, materials, equipment, and supplies, but excludes the cost of architectural or engineering design services and inspection. F. The City will establish a uniform and consistent process for receiving bids and quotations for public improvement projects. G. The City will establish a uniform bid opening process to ensure uniformity and consistency with the way in which bids and quotations for public improvement projects are opened and reviewed. The department representative responsible for the bid opening shall follow this procedure for opening and announcing all bids and quotations pertaining to public improvement projects submitted by contractors and received by the designee. H. Any public improvement contract that is subject to the terms and conditions of a state or federal grant shall adhere to any additional requirements of the grant, and the necessary controls or procedures needed to properly monitor or report compliance with those requirements will be instituted. Any public improvement contract shall also adhere to any other limitations or requirements as determined by City Council. I.The City reserves the right to waive any minor informalities or irregularities contained in any bid or quote. II. Competitive Bid Process A. Solicitation of Bids 1. Detailed and written plans and specifications and a detailed cost estimate must be prepared for the public improvement project by a licensed engineer, licensed landscape architect and/or a licensed architect. The City Engineer or designee will approve the written plans and specifications and detailed cost estimate and will prepare the form of contract. The form of contract must be reviewed and approved by the City Attorney’s office. 2. The City Engineer or designee shall prepare a memorandum summarizing the project plans and specifications, the scope of work, the project background, a 17 detailed cost estimate, and the funding sources. If the scope of the project has changed significantly from the scope that was approved in the Five-Year Capital Improvement Program, then any differences in scope must be explained in the memorandum as well. This memorandum must be reviewed by the City Attorney and the Finance Director and approved by the City Manager or their designees. The written plans and specifications and the detailed cost estimate shall then be placed on file with the City Clerk’s office. 3. The City Council shall hold a public hearing and approve the proposed plans, specifications, form of contract, and estimated total cost. A notice of public hearing on the plans, specifications, form of contract, description of the project and its location, and the estimated total cost must be published by the City Clerk in the Iowa City Press Citizen and posted by the City Engineer or designee on the City’s website more than 4 days but not more than 20 days before the public hearing. 4. Following the public hearing and Council approval of the plans, specifications, form of contract, and estimated total cost, the City Clerk shall post a notice to bidders in accordance with the resolution approving the plans and specifications. Those posting requirements may be satisfied by the City Clerk posting the notice on the Construction Update Network, operated by the Master Builders of Iowa, and the Iowa League of Cities website at least once, not less than 13 and not more than 45 days before the bid filing deadline. Additionally, the City Engineer or designee shall post the notice in the City’s electronic bidding software within these same time limitations. This notice must state all information required by Iowa Code Section 26.7, including: a. Time, place and method for filing sealed proposals; b. Time, place and method sealed proposals will be opened and considered on behalf of the City, which shall be the same time and place stated in the Council approved plans and specifications; c. The general nature of the public improvements on which bids are being requested; d. In general terms, when the work must be commenced and when it must be completed; e. Bid security and bid bond requirements. B. Receiving Bids Process – Paper Bids 1. For all bids required to be submitted on paper, contractors shall file those bids with the City Clerk’s Office before the time specified in the project specifications. 2. All bids shall be written on the appropriate City form. a. Competitive bids can only be filed in a sealed envelope and must be delivered to the City Clerk’s office by personal delivery or other mail delivery service. Each competitive bid must be accompanied by a Bidder Status Form. b. A bid bond must also be submitted in a separate, sealed envelope. If no such bond is timely filed, the bid will not be considered, and the Clerk or designee will return the bid unopened. 3. The City Clerk or designee who receives the bid shall note the time and date the bid is received. The City Clerk or designee shall make this notation on the outside of the sealed envelope. In addition to noting the time and date, as stated on the official City Clerk clock, the City Clerk or designee shall also sign his or her name or initials on the envelope upon receiving the bid. 4. No bids filed after the designated time will be received or considered. The City Clerk or designee shall return all late bids to the contractor unopened. C. Receiving Bids Process – Electronic Bids 1. For all bids required to be submitted electronically, contractors shall submit all bids on the City’s electronic bidding software before the time specified in the project specifications. 18 2. All bids shall be submitted on the appropriate City form. a. Each competitive bid must have a Bidder Status Form. b. A bid bond must also be submitted. If no such bond is timely filed, the bid will not be considered, and the bid will remain unopened. 3. No bids filed after the designated time will be received or considered. D. Bid Opening and Consideration Process 1. The Bid Opening Process will occur at the place, date, and time stated in the project specifications. 2. The City Engineer or designee shall introduce him or herself and announce that it is now ______o'clock, the time specified for the receipt of bids and no more bids shall be received on the ______ project. (The closing of receipt of bids shall be exactly at the time specified). Any bids submitted after the time specified will not be accepted and will be returned to the bidder unopened. 3. The City Engineer or designee will introduce other representatives, consultants, local, State and/or Federal representatives in attendance. 4. The City Engineer or designee will open the bids individually if paper bids were submitted. If electronic bids were submitted the City Engineer or designee will unseal the bids in the electronic bidding software. The bid bond envelope will be opened first followed by the competitive bid envelope for paper bids. The City Engineer or designee will announce the name of the bidder and whether: a. A bid bond or other approved bid security has been received; b.A Bidder Status Form has been received; c. The bid has been signed, is on the form specified and has acknowledged the addenda, if any exist; d. All documents and/or attachments required to be submitted as part of the proposal are enclosed; e. If a paper bid was submitted, the Bid Proposal Form(s) has/have been completely filled out and the total amount of the bid can be readily determined. 5. If any of the above items are missing or incomplete the bids will not be read or accepted but will be placed back in the envelope and returned to the Bidder if a paper bid was submitted. If the above items are enclosed and complete, then the City Engineer or designee will read the total base bid and the bid for any alternates listed in the proposal. 6. After all bids have been read, the City Engineer or designee shall state verbally that “the bid opening is over, and the bids will be tabulated and posted on the City’s electronic bidding software.” 7. The City Engineer or designee will review the bids to determine the lowest responsive, responsible bidder. A bid tabulation of the responsive bids received shall then be posted on the City’s electronic bidding software. Bids considered not responsive will not be posted. 8. Once the lowest responsive, responsible bidder has been determined by the City Engineer or designee, the results must be reviewed by the City Attorney and the Finance Director and approved by the City Manager or designee. Following City Manager approval, the results shall be submitted to the City Council for consideration at the next regularly scheduled meeting occurring after the bid filing deadline, or for consideration at a special meeting called by the City Council for the purpose of considering the recommendation. a. The City Engineer or designee shall recommend City Council award the contract to the lowest responsive, responsible bidder; b. If all bids received are considered by the City Engineer or designee to be non- responsive or are not acceptable, the City Engineer or designee will recommend that Council reject all bids and rebid the project; c. If the City only received one bid and it is 25% or higher than the Engineer’s Estimate, the recommendation to Council will be to reject it unless the City 19 Engineer determines that accepting the bid would be the most prudent course of action, and it is approved by the City Manager. 9. The City shall return the bidder’s bond to all unsuccessful bidders as soon as the City Council has awarded the contract or within 30 days from the bid opening, whichever is sooner. III.Competitive Quotation Process A. Solicitation of Quotations 1. The City Engineer or designee shall solicit competitive quotations for a public improvement when the estimated total cost of the public improvement equals or exceeds $50,000 but is less than the competitive bid threshold established in Iowa Code section 26.3. 2. The City Engineer or designee shall make a good-faith effort to obtain quotations for the work from at least two contractors regularly engaged in such work prior to letting a contract. Quotations shall be obtained by means of either an oral or a written solicitation directed to not less than two contractors. Solicitations shall also be posted on the City’s electronic bidding software. Good faith effort shall include advising all contractors who have filed with the governmental entity a request for notice of projects. 3. Each solicitation shall include a description of the work to be performed, including the plans and specifications prepared by a licensed architect, landscape architect, or engineer if such plans are required for the project, and an opportunity to inspect the work site. Each contractor requesting to inspect the work site shall be provided an equal and adequate opportunity to do so. 4. Additional information deemed pertinent, or requested by a contractor, may be provided by the City Engineer or designee if the same information is provided to all contractors from which quotations are solicited. If the information is provided in written form to a contractor, it shall be provided in the same form to all contractors from which quotations are solicited. 5. In its solicitation, the City Engineer or designee shall: a. Specify the required form and content of quotations. A competitive quotation filed by a contractor shall be in writing or submitted electronically on the City’s electronic bidding software and shall include the total price for labor, equipment, materials and supplies required to perform the work. A contractor shall not be required to include in its quotation or in individual quotation items a breakdown of costs for labor, materials, equipment and supplies. Competitive quotations filed by contractors shall include all other information, documentation, or commitments as specified in the solicitation; b. Require that quotations be filed with the City Clerk or designee in the City Clerk’s office if a paper quotation is required or submitted on the City’s electronic bidding software if an electronic quotation is required by a particular time; c. Establish the acceptable method(s) for delivery of quotations in accordance with Iowa law. d. Require that all quotations be sealed. B. Receiving Competitive Quotations 1. Contractors shall file all quotations in the City Clerk’s Office, if a paper quotation is required or submitted on the City’s electronic bidding software before the time specified. 2. The City Clerk or designee who receives the quotation shall note the time and date the quotation is received and the name of the person receiving the quote on the sealed envelope, if a paper quotation is required. 20 3. No quotations filed after the designated time will be received or considered. The City Clerk or designee shall return all late quotations to the contractor unopened, if a paper quotation is required. C. Opening and Considering Competitive Quotations 1. If a quoting contractor does not file a quotation in the form required, or does not provide all information or documentation or make all commitments required, or does not sign the quotation if required, the quotation shall be determined to be nonresponsive and shall be rejected. 2. The City Manager or designee shall award the contract for the work to the contractor submitting the lowest responsive, responsible quotation, subject to Iowa Code section 26.9, or may reject all of the quotations. A contract shall be considered awarded when the City Manager or designee executes a contract for the work with the selected contractor. 3. The City Engineer shall draft a memo to the City Council summarizing the competitive quotation, which shall be reported in the meeting minutes of the next regular Council meeting. IV.Contract Administration 1. The City Clerk or designee will advertise and bid all contracts qualifying for formal bidding procedures. The City Clerk or designee will oversee receiving, opening, and announcing all formal bids, if a paper bid is required. The City Engineer or designee will oversee receiving, opening, and announcing all formal bids, if an electronic bid is required. 2. Competitively bid contracts will be executed by the Mayor and attested to by the City Clerk unless the council resolution approving the contract provides otherwise. Competitively quoted contracts will be executed by the City Manager or his designee. 3. The City Manager or designee will administer all contracts on the authority of the City Council. 4. All change orders, change in contract estimates, or any other adjustments of the contract price will be subject to these requirements. a. Change orders or other changes in contract price must be in writing and be completed in advance of the work. They must include a description of the work, the agreed upon cost, and be signed by the contractor and the City Engineer or designee. b. Contract changes and changes in estimated quantities that are greater than 25% must be approved with the following limits and authority: 1. Less than $25,000 - City Engineer or designee; 2. $25,000 and $200,000 – City Manager or designee; 3. $200,000 or more – City Council; c. All change orders greater than $10,000 must be reviewed by the Finance Director. d. If a change order on a contract entered into by competitive quotation causes the entire contract price to exceed $200,000, the contract and amendments shall be submitted for City Council approval. e. If it is determined by the City Engineer or designee that the nature of the contract change is urgent and delay could jeopardize the progress of the project, the City Engineer or designee may authorize the contractor to initiate the work prior to obtaining the required approval set forth above. The required approval must be obtained, however, by the City Manager no more than 10 days from the City Engineer or designee’s authorization and by the City Council within 20 days from authorization or at the next scheduled City Council meeting. The change order should include the reasons for the urgency. 5. Contracts for public improvements cannot be amended by change order or any other 21 adjustment for work that is unrelated to the project as described in the approved plans and specifications. 6. The scope of public improvement projects shall not be adjusted for the purpose of circumventing the authorization limits of this policy, Council resolution, and state or federal law. Contract amendments and change orders shall not be used as a means of circumventing the authorization limits of this policy, Council resolution, and state or federal law. 7. For all public improvement contracts $25,000 or higher, the contract must be accompanied by a bond, with surety, conditioned for the faithful performance of the contract, and for fulfillment of other requirements as provided by Iowa law in accordance with Iowa Code section 573.2. The amount of the performance and payment bond must be at least 100% of the contract price. 8. Where appropriate, retainage shall be withheld on contracts for public improvements as provided for by State law or on other contracts as deemed appropriate or necessary. Retainage on a contract shall be 5% of the cost of the public improvement, unless otherwise limited by state or federal grant programs. An application by a contractor for early release of a retainage requires City Council consideration and approval. 9. The final acceptance (certificate of completion), the final contractor payment, and the release of retainage authorization (unless early release applied for) of a formally bid contract shall be approved by City Council action at the same meeting. 10. All contracts awarded, change orders, or changes in contract price, must be entered into the City’s financial computer system (Munis) along with supporting documentation. Contracts that include estimated quantities will be entered into Munis at the contract price plus 10% as a contingency. All contract payment requests must reference the Munis contract number. 11. Sales tax exemption certificates will be issued by the Engineering division upon request of the contractor. V.Emergency Repairs 1. In accordance with Iowa Code Section 384.103, when emergency repair of a public improvement is necessary and the delay of advertising and a public letting might cause serious loss or injury to the City, the City Manager shall make a finding of the necessity to institute emergency proceedings under Iowa Code Section 384.103, and shall procure a certificate from a licensed professional engineer or registered architect certifying that emergency repairs are necessary. 2. Where the City Manager has so certified, the City may accept, enter into, and make payment under a contract for emergency repairs without holding a public hearing and advertising for bids, and the provisions of Chapter 26 do not apply. 3. The work must be awarded to the lowest responsible, responsive bidder. 4. The emergency repair finding and the approved construction contract shall be entered into the City Council minutes at its next regularly scheduled or special called meeting. 5. If the emergency repair would otherwise be a public improvement requiring competitive bidding under Chapter 26: a. The City Engineer or designee must solicit at least two written quotations from qualified contractors or suppliers. b. The contractor must provide a performance and payment bond for a public improvement of $25,000 or more. 6. If the emergency repair would otherwise be a public improvement requiring Competitive Quotations: a. The Emergency Purchase provisions of Section III.I. of the Purchasing Policy Manual shall be followed. 22 APPENDIX I. PURCHASING TERMS AND DEFINITIONS Bid Bond: A monetary commitment (cashier’s check or certified check) made by a third party to accept liability and to guarantee that the bidder will not withdraw the bid. The certified check or cashier’s check will not exceed 10% of the bid price and will accompany the bid upon submittal. If an award is made and the successful bidder fails to enter into a contract with the City, the City is entitled to the entire amount of the bid bond. Bid Opening: A specified time and date where formal bids are opened and the enclosed information is publicly read. The bidder’s name, price, items offered, delivery, etc. are read during the opening. Capital Asset:Assets that have a life expectancy beyond one year and a cost of $5,000.00 per item or more (examples: land, land improvement, building, equipment). Capital Outlay/Expenditure:Expenditures for acquiring land, building, equipment or other property, or for their preservation, development or permanent improvement (i.e. the acquisition or renovation of capital assets). The threshold for capital outlay is $5,000 per item or more. Purchases of goods under $5,000 per item are considered supplies. City:Shall mean the City of Iowa City, Iowa. Competition: The process by which two or more vendors attempt to secure the business of a third party through the offer of the most favorable price, quality, delivery terms or service. Contract: A legally binding agreement, oral or in writing, enforceable by law. Emergency Purchase: A purchase made due to an unexpected and urgent request, where health and safety or the conservation of public resources is at risk. Evaluation Committee: A group or team of advisors selected to assist in recommending a vendor for a contract award. Goods: Anything purchased other than services or real property. Online Bidding: A procurement process in which an invitation for bid or request for proposal is posted electronically over the internet in a real-time, competitive bidding event. Operating Services: The furnishing of labor and time by a contractor or a vendor, which may involve to a lesser degree, the delivery or supply of products. Examples of contractors providing operational services are those working within trades, such as plumbing, electrical services, and HVAC. Professional and Consulting Services are not Operational Services. Performance Bond: A bond, issued upon award of the contract, that secures the performance of all terms, conditions, and agreements stated within the contract by the vendor. A performance bond protects the buyer from the vendor’s inability to complete the contract. Pre-Solicitation (Pre-Submission Conference): A meeting with prospective bidders or proposers to clarify the requirements of a contract to be put out for bid or proposal. Procurement: Purchasing, renting, leasing, or otherwise acquiring any supplies, services, or construction; includes all functions that pertain to the acquisition, description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration; combining the functions of purchasing, inventory control, traffic and transportation, receiving, inspection, storekeeping, and salvage and disposal operations. 23 Professional and Consulting Services: Services provided by consultants or individuals or organizations possessing a high degree of education and training, such as lawyers, physicians, architects, planners, and engineers. The requested services may include information, professional advice, training, or direct assistance. Contractors working within other skilled or technical trades, such as construction, mechanical, plumbing, electrical services, etc. are considered as providing Operational Services, not Professional and Consulting Services. Purchasing Policy: Governing principle which establishes the general parameters for the organization to follow in carrying out its responsibility for procuring equipment, supplies and services, etc. in the most efficient and economical method possible. Public Improvement: Iowa Code Chapter 26 provides the following definition: 3. a. “Public improvement” means a building or construction work that is constructed under the control of a governmental entity and for which either of the following applies:1) Has been paid for in whole or in part with funds of the governmental entity.(2) A commitment has been made prior to construction by the governmental entity to pay for the building or construction work in whole or in part with funds of the governmental entity b.“Public improvement” includes a building or improvement constructed or operated jointly with any other public or private agency, but excludes all of the following:(1) Urban renewal demolition and low-rent housing projects.(2) Industrial aid projects authorized under chapter 419.(3) Emergency work or repair or maintenance work performed by employees of a governmental entity.(4) A highway, bridge, or culvert project.(5) Construction or repair or maintenance work performed for a city utility under chapter 388 when such work is performed by its employees or when such work relates to existing utility infrastructure. For purposes of this subparagraph, “utility infrastructure” includes facilities used for the storage, collection, disposal, treatment, generation, transmission, or distribution of water, sewer, waste, electricity, gas, or telecommunications service. (6) construction or repair or maintenance work performed for a rural water district under chapter 357A by its employees. 4. “Repair or maintenance work” means the preservation of a building, storm sewer, sanitary sewer, or other public facility or structure so that it remains in sound or proper condition, including minor replacements and additions as necessary to restore the public facility or structure to its original condition with the same design. 5. “Under the control of a governmental entity” includes determining the construction work to be performed or establishing the specifications for a building or construction work to be occupied by the governmental entity. Real Property: Land and its permanently affixed buildings or structures. Responsible Bidder: A vendor who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability which will assure good faith performance. Responsive Bidder: A vendor who submits a bid or proposal that fully conforms to all requirements contained within the solicitation. Request for Qualifications (RFQL): A formal procurement method sometimes used in the formal process of procuring a product or service. The Request for Qualifications is typically used as a screening step to establish a pool of vendors (businesses or individuals to provide a product or service) that then undergo a qualifications evaluation. 24 Request for Quote (RFQ):A semi-formal procurement method used to procure a specific requirement (goods/services). A Request for Quote requires a minimum of three written quotations be sought, and an award will be made to the vendor who provides the quote with the best combination of cost and quality for the specified good or service. Request for Bid (RFB): A formal procurement method used to procure a specific requirement (goods/services). A Request for Bid requires the submission of sealed bids and a public bid opening. Award is made to the lowest responsible and responsive bidder meeting the standards, specifications, and terms and conditions contained within the solicitation. Request for Proposal (RFP):A formal procurement method similar to a Request for Bid, except that factors other than price (such as quality, timeliness, experience, ability to meet specifications) are also considered in making the award. Risk Management: The identification, measurement and treatment of property, liability, and personal loss exposures; includes analysis of potential risk situations and insurance needs, as well as the amount of financial coverage needed to protect the government. Sealed: The submission of responses to a solicitation in a form that prevents disclosure of the contents prior to a date and time established by the department or division for opening the responses. Specification: A detailed description of the physical, functional, or performance characteristics of a good or service that must be met before a contract is awarded. Sole Source: A purchase to fulfill a need for a commodity or service where there is only one product or service that meets the department’s needs, and there is only one vendor offering the product or service. Only one vendor possesses the unique and singularly available capability to meet the requirements (technical specifications) of the solicitation. Surplus: Supplies or commodities that have completed their useful life and no longer have use to the original consumer, but may have some purpose or alternative use to another department within the City, or to an individual or entity outside the City. Tax Exempt: The City is exempt from all Federal, State of Iowa, and other stat’s' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. Vendor: A supplier/seller of goods or services. 25 APPENDIX II. PURCHASING UNDER FEDERAL AWARDS (L) In addition to other provisions required by a Federal agency or the City, all contracts made by the City under a Federal award must contain provisions covering the following, as applicable. ) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 601.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles 26 ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 74017671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (L)(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. ) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. 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 in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.All vendors/contractors will be checked in www.sam.gov to verify that they are not debarred/suspended/excluded from being paid with federal funds. (J) Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms. (1) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. (2) Affirmative steps must include: (a) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 27 (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (f) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e) of this section. (K) See §200.322 Procurement of recovered materials. (L) Buy America Requirements (49 U.S.C. §5323(j)(1)) – The steel, iron, and manufactured goods used in an FTA grant project must be produced in the United States. A bid (RFB) or request for proposal (RFP) must include a specification for procurement of steel, iron or manufactured goods (including rolling stock), an appropriate notice of the Buy America provision, and require, as a condition of responsiveness, that the bidder or offeror submit with the bid or offer a completed Buy America certificate in accordance with 49 CFR §§661.6 or 661.12. Prepared By:Kent Ralston, MPOJC Director Reviewed By:Tracy Hightshoe, Neighborhood and Development Services Director Geoff Fruin, City Manager Eric Goers, City Attorney Fiscal Impact:Iowa City expects to expend $254,785 for these services, with contributions of $100,000 from the Metropolitan Planning Organization of Johnson County, $55,000 from Johnson County, and $25,000 each from North Liberty, Coralville, and the University of Iowa. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Agreement Item Number: 5.c. September 19, 2023 Resolution authorizing the procurement of Consulting Services to develop a Bus Rapid Transit Feasibility Study. Executive Summary: The Iowa City Metro Area is a leader in providing alternative transportation options for residents. To further strategic planning goals, local stakeholders now wish to explore the feasibility of adapting the existing CRANDIC right-of-way between Iowa City and North Liberty, Iowa, to accommodate a bus rapid transit system. To achieve this goal, a Request for Proposals was released and closed in March 2023. One responsive proposal was received from Felsburg Holt & Ullevig. A group of four evaluators consisting of members from the MPOJC, City of Iowa City, the City of Coralville, and the University of Iowa carefully and thoroughly reviewed the proposal. The evaluation team has recommended Felsburg, Holt & Ullevig to receive the award for RFP23-21 Bus Rapid Transit Feasibility Study. Background / Analysis: The Iowa City Metropolitan Area is home to approximately 145,000 residents and is one of the fastest growing regions in the Midwest – second only to Des Moines in the state of Iowa. With this rapid growth, the metro communities have made a conscious and collective effort to become a leader in providing alternative transportation options for residents. Expanding on these efforts, the potential for repurposing a portion of the Cedar Rapids & Iowa City Railway (CRANDIC) corridor right-of-way between Iowa City and Cedar Rapids, Iowa, for alternative transportation use has been the subject of on-going feasibility studies and discussions by state and local stakeholders since 2015. To fully understand available options, local stakeholders now wish to conduct a study to examine the feasibility of adapting the existing CRANDIC right-of-way to accommodate bus rapid transit – rather than passenger rail (previously studied). The end goal of the study is to allow local stakeholders the opportunity to compare elements of the completed Passenger Rail Studies with elements of a completed Bus Rapid Transit Feasibility Study including, but not limited to, economic and social benefits, ridership and revenue forecasts, service plans, infrastructure and equipment requirements and opinion of probable cost estimates, federal regulatory requirements, financial plan strategies, and governance. Prepared by: Kent Ralston, 410 E Washington, Iowa City, IA 52240 (319) 356-5253 Resolution No. 23-257 Resolution authorizing the procurement of Consulting Services to Develop a Bus Rapid Transit Feasibility Study Whereas, Request for Proposal #23-21 was released to solicit Consulting Services to develop a Bus Rapid Transit Feasibility Study; and Whereas, one proposal was received for these services; and Whereas, the evaluation committee has selected Felsburg, Holt & Ullevig; and Whereas, the city's purchasing policy requires City Council to approve consulting services purchases over $60,000; and Whereas, the City expects to expend $254,785.00 for these services, with contributions of $100,000 from the Metropolitan Planning Organization of Johnson County, $55,000 from Johnson County, and $25,000 each from North Liberty, Coralville, and the University of Iowa; and Whereas, funds for this purchase will be available in the budget under accounts 23610812-432060; 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 is approved. 2. The City Manager is authorized to sign the agreement with the vendor and take whatever steps are necessary to effectuate future purchases including any reasonable and appropriate amendments or renewals, of said agreement. Passed and approved this 19tH day of September , 20 23 . M Approved by Attest:L 4�Jl U " COClerk City Attor y's Office - 09/13/2023 Resolution No. 23-257 Page 2 It was moved by Taylor and seconded by T -h that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: x_ Alter X B ergus X Dunn X Harmsen X Taylor X Teague X Thomas Consultant Agreement This Agreement made and entered into thisl9thday of September 2023, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "the City' and Felsburg Holt and Ullevig of Des Moines IA, hereinafter referred to as "the Consultant." Whereas The Metropolitan Planning Organization of Johnson County (MPO) sought a consultant firm to collaborate with the CRANDIC Railroad; Johnson County; the cities of Iowa City, Coralville, and North Liberty; and the University of Iowa, to complete a Bus Rapid Transit Feasibility Study utilizing the existing CRANDIC Railroad right-of-way between Iowa City and North Liberty, Iowa. 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 develop an implementable Bus Rapid Transit alternative for the CRANDIC corridor that supports the regional vision of transit service in the communities of Johnson County and agrees to do so in a timely and satisfactory manner. The work shall be done consistent with the Consultant's proposal, attached as "Exhibit A" and incorporated herein by this reference. In the event of any conflict between this Agreement and Exhibit A, this Agreement shall prevail. This Agreement is funded in part by the US Department of Treasury under the American Rescue Plan Act ("ARPA"), Sections 602(b) and 603(b) of the Social Security Act, Pub. L. No. 117-2 (March 11, 2021). Consultant shall ensure compliance with all ARPA provisions and perform any and all administrative and reporting obligations of ARPA for this project for Johnson County, Iowa, from whom the ARPA funds are being contributed. The "American Rescue Plan Act (ARPA) Contract Provisions Addendum", is attached as "Exhibit B" and incorporated herein by this reference. Consultant shall separately execute Exhibit B as "Contractor" as part of this Agreement. Time Of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The CRANDIC BRT Feasibility Study is anticipated to be completed in a period of nine months. The schedule below presents an anticipated project pace for the Scope of Work, beginning in October 2023 and wrapping up in June 2024. -2 - OCTOBER ROYEMKII BECEMBER JARUARY FEBRUARY MARCH APRIL MAY JUNE 1 JJ RIDFRS04P fORFCAfT (I. l E' 1.3.OPERATIONS d MAENTENANCE 0 fry F? Q M • RIGNt-Of-WAY REVIEW (' 4.1 FCONOW & SOCIAL IMPACTS '? ' 4.1 - DES9141' EMYNLON14W41. REVIEW C 0 F 4.1 - RESULATORI & FINANCIAL KIM* ? } -3 - October 2023 Discuss desired outcomes and project goals Develop Project Management Plan and QA/QC Plan Finalize Scope of Work and Project Schedule Begin Alternative Analysis Hold Kickoff Meeting November 2023 Review and discuss data collection progress and gaps Existing Conditions report outline Begin ridership forecasting Final Existing Conditions Report December 2023 Narrow BRT concept alternative Begin Operations & Maintenance Analysis Review Right -of -Way Steering Committee Progress Meeting #1 January 2024 Finalize BRT Concept Alignment Review BRT scenario screening metrics Review initial economic analysis results Begin initial high-level environmental scan February 2024 Review initial capital and O&M cost estimates Implementation, funding, and regulation review Finalize Right -of -Way analysis March 2024 Review refined economic analysis results Review high-level environmental scan Steering Committee Progress Meeting #2 April 2024 Review comments on selected build scenario Draft Report Outline Review economic analysis refinements Review high-level environmental refinements May 2024 ► Review Draft Feasibility Report Final review and input for capital and O&M cost estimates June 2024 Review final report revisions and graphic summary Review presentation materials for steering committee and public t� III. Compensation For Services 1. Project management and administration — 172 hours - $34,060.00 2. Existing Conditions Inventory — 50 hours - $7,750.00 3. BRT Concept — 794 hours - $137,920.00 4. Economic impacts, financial and regulatory review — 298 hours - $47,680.00 5. Recommendations and final report —115 hours $18,775.00 6. Johnson County Grant Management — 40 hours - $5,000.00 7. Direct Costs - $3,600.00 The grand total not -to -exceed cost, including reimbursable expenses, shall be $254,785. 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. 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. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section 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. -5- 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 affixed thereto as required by Iowa law. 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. 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. O. Indemnification. 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. WON 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 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. 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. 0. Standard of Care. 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. 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. -7- 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 By: Title: C".4 ;�V1- Date: OYM/ `-3 For the Consultant By:_ Title: Mark Meisinger, Principal Date: September 10 2023 Approved by: a City Attor y's Office `- ( a� Date Mark Meisinger Principal, Felsburg Holt & Ullevig September 10, 2023 Prepared By:Joe Welter, Sr. Engineer Reviewed By:Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact:$384,200 available in the Landfill Equipment Building Replacement, Account #L3328 Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Agreement Item Number: 5.d. September 19, 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 engineering consultant services for the Landfill Equipment Building Replacement Project. Executive Summary: This agenda item approves the consultant agreement with Shive-Hattery, Inc. of Iowa City, Iowa for the land surveying, civil engineering, structural engineering, electrical engineering, mechanical engineering, and architectural services to provide preliminary through final design, preparation of bidding documents, bidding assistance, and construction services for the construction of the Landfill Equipment Building Replacement Project at the Iowa City Landfill and Recycling Center (Landfill). Background / Analysis: At the Landfill, there are two existing buildings, known as Buildings A and B, used for maintenance and storage of equipment and materials, as well as the operator breakroom, locker room, and restroom. The equipment maintenance and storage building, Building B, is undersized and in disrepair. Building B will be demolished as part of this project. Building A will remain. The Facility Plan, dated June 2023, prepared by Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (SCS Engineers), discusses planning factors for short, mid-range, and long- term planning needs at the Landfill. Included in the Facility Plan is the conceptual design of the proposed new equipment storage building. The replacement building will be a single- story, pre-engineered metal building (PEMB) based upon the conceptual design in the Facility Plan. The City will use the building to store heavy equipment and provide finished office, breakroom, and meeting areas, and be designed in a manner that contemplates future additions to the building. The full build out of the building detailed in the Facility Plan is anticipated to be 30,000 square feet, although the current project is for a 10,000 square foot building. The new building will include an exterior equipment wash bay, an exterior bulk water filling station for the public, interior bulk water filling for city staff, connection of the City water system (extended to the Landfill by the Melrose/IWV Project) to the Scalehouse Building, and some renovations to the Scalehouse Building. Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319) 356-5144 Resolution No. 22-25g 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 engineering consultant services for the Landfill Equipment Building Replacement Project Whereas, the City has a Facility Plan, dated June 2023, prepared by Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (SCS Engineers), which discusses planning factors for short, mid-range, and long-term planning needs at the Iowa City Landfill and Recycling Center (Landfill), located at 3900 Hebl Avenue, Iowa City, Iowa; and Whereas, the Facility Plan details the conceptual design of a proposed new equipment storage building; and Whereas, the City desires to construct a new single -story pre-engineered metal building (PEMB) at the Landfill based upon the conceptual design in the Facility Plan; and Whereas, the City desires to use the building to store heavy equipment and provide finished office, breakroom, and meeting areas, and be designed in a manner that contemplates future additions to the building; and Whereas, the City desires an evaluation of existing conditions and potential improvements at the Iowa City Landfill and Recycling Center Scale House transaction window area; and Whereas, the City desires to obtain the services of a qualified consulting firm to provide land surveying, civil engineering, structural engineering, electrical engineering, mechanical engineering, and architectural services to provide preliminary to final design, preparation of bidding documents, bidding assistance, and construction services; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 10, 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, fees and rates; and Whereas, the City has negotiated an Agreement for said consulting services with the Consultant to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with the Consultant; and Whereas, funds are available in the Landfill Equipment Building Replacement, Account Number L3328. Resolution No. 23-258 Page 2 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 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 19th day of September 2023 Attest: City Clerk It was moved by Taylor adopted, and upon roll call there were: Ayes: X X X May r Approve jQ City Attorney' Office (Liz Craig — 09/14/2023) and seconded by Thomas Nays: Absent: x Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be Consultant Agreement This agreement, made and entered into this 19th day of September , 2023 ' , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas, the City has a Facility Plan, dated June 2023, prepared by Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (SCS Engineers), which discusses planning factors for short, mid-range, and long-term planning needs at the Iowa City Landfill and Recycling Center (Landfill), located at 3900 Hebl Avenue, Iowa City, Iowa; and Whereas, the Facility Plan details the conceptual design of a proposed new equipment storage building; and Whereas, the City desires to construct a new single -story 10,000 square -foot pre-engineered metal building (PEMB) at the Landfill based upon the conceptual design in the Facility Plan; and Whereas, the City desires to use the building to store heavy equipment and provide finished office, breakroom, and meeting areas, and be designed in a manner that contemplates future additions to the building; and Whereas, the City desires an evaluation of existing conditions and potential improvements at the Iowa City Landfill and Recycling Center Scale House transaction window area; and Whereas, the City desires to obtain the services of a qualified consulting firm to provide land surveying, civil engineering, structural engineering, electrical engineering, mechanical engineering, and architectural services to provide preliminary to final design, preparation of bidding documents, bidding assistance, and construction services; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 10, 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, fees and rates; and Whereas, the City has negotiated an Agreement for said consulting services with the Consultant to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with the Consultant; and Whereas, funds are available in the Landfill Equipment Building Replacement, Account Number L3328; and Now therefore, it is agreed by and between the parties hereto that the City now contract with the Consultant to provide services as set forth herein. -2 - Scope of Services Consultant agrees to perform the following services for the City and to do so in a timely and satisfactory manner. 1. Design Development A. Kickoff Meeting i. The Consultant shall lead a project kickoff meeting with City Staff to initiate project design services. The meeting agenda to include: 1) Project Objectives 2) Project Architectural Design Scope 3) Project Civil Design Scope 4) Project Communication and Coordination Plan 5) Risk Management 6) Schedule Review 7) Meetings are intended to incorporate discussion of Equipment Storage Building and Scale House improvements. B. Site Investigation Services i. Topographic Survey and Base Map 1) Perform a topographic survey of the project site. 2) The survey will establish control point monuments along the project corridor. 3) The survey will use the Iowa State Plane South Coordinate System. 4) The survey area includes three (3) acres. 5) The survey will include the Equipment Storage Building and any areas required to evaluate the Scale House improvements. ii. Base Map 1) The Consultant shall prepare a base map to facilitate the project's design. 2) The prepared base map will include existing topography features, buried utilities based on field locates and available information (detailed in the Utility Investigation Section below), and above -ground surface features. -3 - iii. Utility Investigation 1) The Consultant shall identify existing utilities to provide horizontal location only and obtain the maps and field locates for public utilities. 2) The Consultant shall coordinate with a private utility locate company to locate City private services. 3) Utility coordination includes coordination with the City to provide a representation of public water, storm sewer, sanitary sewer, City telecommunications, fiber, or other utilities during this phase. 4) Coordination with MidAmerican Energy to determine the power feed location near the proposed building site. C. Scale House Schematic Design i. The Consultant will visit the Scale House and review existing building documents to evaluate conditions and propose design options for modifying the existing Scale House transaction window area. ii. The consultant will provide three (3) design options with associated opinions of probable cost for the City to review. Design option deliverables will include plan and elevation drawings illustrating schematic intent for building modification. D. Site Design Services i. Complete general civil design, including parking layout, pavement thickness, and access to the building. This scope shall include design for site grading, erosion control and Stormwater Pollution Prevention Plan (SWPPP), and public or private utilities extended to the building. ii. Civil site design services will include evaluating and designing a new water service line to Scale House. iii. Design of Facility Parking Lot, including required parking stalls and signage. Also includes a required number of parking stalls to meet ADA accessibility guidance and City code requirements. iv. Coordinate with City Neighborhood Development Services (NDS) to develop and coordinate the review of the Site Plan Review through the NDS submittal process. E. Building Architectural Design i. The architectural design development of the Equipment Storage Building includes the following: 1) Minor space relationship adjustments and approved for layout and content. 2) Interior finish selection. -4- 3) Code review and coordination of existing layout by SCS Engineers included in the Facility Plan. 4) International Energy Conservation Code (IECC) current adopted edition Code Review. 5) Exterior fagade development. 6) Building elements designed for a PEMB. 7) Outline specifications. 8) Code review (based on information provided in the project kickoff meeting as noted in "A" above), floor plan, roof plan, building section, exterior elevations, interior elevations, wall sections, schedules, and miscellaneous details. 9) Project and material specifications will be delivered in a separate specification manual, including city -standard front-end documents and technical sections. 10) Research and suggestion of various sustainability methods into the building design. The architectural design development of the Scale House improvements includes the following: 1) Based on the City's approval of the Schematic Design Documents and 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. They 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 architectural and structural 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 estimated cost of work of the Scale House. The estimated cost of work will be 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 before starting Construction Documents. -5- 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. F. Building Structural i. Equipment Storage Building Structural 1) The structural scope of work for the Equipment Storage Building includes coordinating and designing the foundations for the 10,000 -square -foot PEMB. 2) Additional coordination will be provided internally with other disciplines to coordinate internal floor plan layouts, floor drains, slab design requirements, etc. 3) The structural design also includes the following assumptions: a. No deep foundations will be required. b. An internal structural steel mezzanine will be considered with design development to provide elevated storage areas (mezzanine or office rooftop) inside the PEMB building. c. Final or Not to Exceed loads will be required from the PEMB manufacturer before issuing final for construction (IFC) foundation drawings. d. Final structural deliverables will include foundation and slab drawings, PEMB specifications, and structural specifications for reinforced concrete foundations and floor slabs, shown on the drawings. e. The project manual will include structural specifications sections on plan sheets or as technical sections. Foundations will be designed per the column reaction loads provided by the PEMB manufacturer, and the slab will be designed for strength and durability with consideration for the equipment specified by the Owner. f. The scope includes incorporating building demolition and removal plans into the contract documents. g. Asbestos testing. G. Building Mechanical, Electrical, and Plumbing Design i. Equipment Storage Building 1) Coordinate and.design for mechanical, electrical, and internal building piping for the 10,000 -square -foot Pre -Engineered Metal Building (PEMB). 2) The design will include interior heating, cooling, and ventilation of the office space designed at typical occupant comfort standards and to meet !sov code compliance. The vehicle/storage bays will include interior heating and cooling to maintain temperatures suitable for workers' use during winter months and meet applicable mechanical code minimums. The vehicle/storage bays will be designed for ventilation in compliance with mechanical code requirements for vehicular use. 3) Incorporate a heating, cooling, and ventilation system that allows for possible consideration for future landfill biogas use for heating buildings. 4) Work will include retaining a third -party energy consultant to perform a Life Cycle Cost Analysis (LCCA), review energy efficiency rebates from MidAmerican Energy and other utility providers and provide final reports. 5) Includes interior and exterior building lighting, including parking lighting. 6) Exterior Photometrical Analysis will be provided. 7) Site electrical will also coordinate, with the City Information Technology Services (ITS) Department to coordinate conduit installation for current/relocated and future security cameras with full building expansion in the future. 8) Design to include layout, connection wiring, fiber, and power. Security cameras from the demolished building will be relocated to the new building. 9) Provide internal water use for the building. Water use in the building will be for general office and restroom use, maintenance and storage bay access to water use, and exterior water access for purchase. 10) Other design considerations include: a. Fire protection system for vehicle bays. b. Ventilation for equipment, people, and all code -required exhaust. c. Carbon monoxide and nitrogen dioxide safety detectors (CO and NO2). d. Review the design of the exterior wash facility at the Public Works Fuel Farm near McCollister Boulevard and evaluate incorporating design into the project. ii. Scale House 1) The scope of work will include evaluating impacts to existing electrical, heating, and cooling system ducting and water service piping resulting from modifications to the building transaction window. 2) Modifications to existing systems are to be incorporated into project Construction Documents only after the evaluation of the systems and relocation costs are evaluated and accepted by the City. -7- H. Subsurface Investigation The Consultant shall coordinate subsurface analysis (e.g., geotechnical report) to complete the Equipment Storage Building foundation design, pavement design, and soil investigation. No geotechnical evaluation is included with the evaluation of Scale House modifications. 1) The work shall include four (4) soil borings at 30-40 feet deep and one (1) soil boring at 10'. 2) Borings will include subsurface analysis for building construction. 3) The analysis will determine boring locations, approximate foundation loads for foundation recommendations, and coordinate with the PEMB manufacturer to determine building layout, column locations, bracing locations, and design loads. I. City Review Meetings i. Attend and lead the following meetings with the City: 1) One (1) kick-off meeting. 2) One (1) Schematic Design review meeting. 3) Two (2) Design and Site Development review meetings. 4) One (1) Construction Document review meeting. 5) All City review meetings will include the Equipment Storage Building and Scale House improvements. J. Opinion of Probable Construction Cost i. At the Design Development stage of the project, the Consultant shall prepare an opinion of the probable construction cost for both the Equipment Storage Building and the Scale House, including: 1) Design Development opinion of probable construction costs. 2) Opinions of probable construction costs are based on high-level planning and significant project elements incorporating recent bid information. 3) Detailed quantity takeoffs will be included in the Construction Document design cost opinion and not in prior phases. K. Design Development Deliverables i. Design Development Concepts 1) Equipment Storage Building includes up to two (2) concepts. IF -I 2) Scale House includes up to three (3) concepts. L Design Development Drawings and Outline Specifications ii. Design Development Opinion of Probable Construction Costs 2. Construction Document Phase A. Construction Phase L Based on the City's approval of the Design Development Documents and the City's authorization of any adjustments in the Project requirements and the budget for the cost of the work, the Consultant is to commence with the development of the project Construction Documents. ii. The Consultant shall prepare (1) set of Construction Documents incorporating improvements to the Equipment Storage Building and Scale House to allow for bidding of (1) complete bid package. iii. Consultant to adjust the opinion of probable construction costs for the Equipment Storage Building and the Scale House based on the City's approval. iv. The Construction Documents shall each illustrate and describe the further development of the approved concept. V. They 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. vi. The Consultant shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. B. Incorporate Comments from the Design Development Review L The Consultant will respond to comments from the City's Design Development review. ii. Recommended modifications will be incorporated into the Construction Documents. C. City Review Meeting Attend and lead the one (1) Construction Document Review Meeting. D. Construction Document Deliverables i. Plan Sheets (.pdf) ii. Construction Documents Opinion of Probable Costs Ml iii. Project Manual iv. Comment Review and Responses V. Provide two-dimensional drawings prepared in Revit. 3. Bidding and Negotiation Phase A. Pre -Bid Meeting The Consultant shall assist the City with organizing and conducting one (1) pre- bid conference, prepare an agenda, and record and distribute meeting minutes for prospective bidders. B. Bid Letting Coordination The Consultant shall 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. ii. The Consultant shall assist with opening the bids and subsequently documenting and distributing the bidding results, as directed by the City and shall review bids and prepare recommend awarding the contract(s) in a formal document letter. C. Bid Substitutions If the bidding documents permit substitutions, upon the City's authorization, the Consultant shall consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. 4. Construction Phase Services A. Pre -Construction Meeting: The Consultant shall assist the City with organizing, and the Consultant shall conduct a pre -construction conference, prepare an agenda, and record and distribute meeting minutes. The Consultant will review Equipment Storage Building and Scale House shop drawings and respond to all submittals via the City's preferred method. B. Construction Meetings: The Consultant shall attend progress meetings, prepare and distribute meeting minutes, and an average of one site meeting every other week of construction for the project's duration. This project scope includes fifteen (15) meetings with construction services. Meetings on site are intended to discuss and review Equipment Storage Building and Scale House concurrently. -10 - iii. The Consultant shall complete site reviews with the City in conjunction with construction meetings to review the Contractor's operations to become generally familiar with and coordinate with the City to review the progress and quality of the portion of the work completed. iv. Determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will follow the Construction Documents. V. During site visits, the Consultant shall prepare and distribute field notes with photographic documentation throughout the project. vi. Field notes will assist with keeping the City informed about the progress and quality of the portion of the work completed and promptly report to the City: 1) Identify known deviations from the Construction Documents. 2) Identify known deviations from the most recent construction schedule submitted by Contractor defects and deficiencies observed. C. Shop Drawing Management The Consultant shall review and maintain a record of the Contractor's Shop Drawings, Product Data, and Samples to check for conformity with the Construction Documents. 1) Services shall also include: a. Review and respond to requests for information about the Construction Documents. Prepare Construction Change Directives and Change Orders for the City's approval and execution as required. c. 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. D. Post- Construction Compliance Review The Consultant shall coordinate with City staff to assist with the following: 1) Review the work per architectural/engineering discipline and issue a punch list of items to be completed. 2) Final reviews of the work per architectural/engineering discipline after the contractor has notified the Consultant that they have completed the punch list. 3) Review of Operation and Maintenance manuals from the contractor for compliance that the documents and warranties are accurate and complete. -11- E. Construction Phase Deliverables L Assist with final closeout documents and obtain executed documents to conclude the work. The close-out documents should be an electronic set of full records, including: 1) Approved substitutions 2) Final product submittals 3) Field notes documentation 4) Meeting minutes 5) Record Drawings 6) Operation and Maintenance Manuals: a. Prepare and provide a full set of as -constructed Record Drawings, based on changes to the Construction Documents and Contractor mark-ups, in electronic format as follows: 1. 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: 1. If the files(s) have been translated from another CAD application, it should be noted as such. c. Each plan sheet should be complete and ready to print. d. Plot Style file shall be included. e. 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. f. Include any project data files or other documents not contained within the plan set. g. If necessary, include a "Readme" document or any clarification that may be required. h. All drawing files with externally referenced drawings shall be inserted or bound into the drawing file. i. All submittals shall explain the Consultant's CAD layer scheme. j. All drawing files shall have the correct layer scheme in place. -12- F. Additional Services i. Consultant may perform the following additional services upon execution of a written amendment to this agreement. However, these additional services shall not be performed without prior written authorization. a. Renderings for design decisions and council or public meeting use. b. FF&E for lockers, office furniture, conference room, and other items requested. c. Design of an interior wash bay. d. Environmental site assessment or permitting preparation. e. Landscape architecture design. f. Testing services. g. Site lighting outside of facility parking lot. h. Rework because of value engineering. i. Stormwater Detention Design. j. Soil borings for future building extension on site. k: Scale House Structural 1. The structural scope of work for the Scale House improvements when evaluating the impacts of modifying the transaction window will not consider the structural implications of removing the existing column. -13 - II. Time of Completion: Consultant shall perform the above-described Scope of Services promptly following the schedule shown: Milestone / Task Deadline Project Kickoff Meeting w/Client September 21, 2023 Complete Field Services Survey Late September 2023 Schematic Design Submittal Mid -October 2023 Conceptual Design Submittal Late October 2023 Design Development Submittal Construction Document Submittal Council Meeting Setting Public Hearing Council Meeting Public Hearing, Approve Plans Bid Letting Council Award Project Begin Construction Late November 2023 Early January 2024 February 6, 2024 February 20, 2024 March 2024 March 19, 2024 Late April 2024 -14 - III. Compensation for Services: The City shall pay the Consultant an hourly not -to -exceed fee of $384,200 based upon the Consultant Fee Schedule shown in ATTACHMENT A, attached hereto, and incorporated herein. The table below provides an estimated budget summary. Description Amount Design Development $143,000 Construction Documents $162,500 Bidding Services $17,000 Construction Services $40,000 Subtotal Consultant Services $362,500 Subtotal Subconsultant Expenses $15,700 Subconsultant Expenses: $8,300 — Geotechnical Subconsultant Expenses: $1,900 — Private Utilities Subconsultant Expenses: $5,500 — Life Cycle Cost Analysis Reimbursable Expenses $6,000 Project Expenses: $1,000 Primavera Submittal Exchange Cloud Service — Single Project License Expense: $5,000 Total Not -To -Exceed Fee $384,200 -15 - 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. i. 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. ii. 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. 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 to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. -16- 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. O. Indemnification 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. ii. 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. iii. 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. iv. 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 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. -17 - 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 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. ii. 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. iii. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. iv. 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. 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. vi. 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. -18 - For the City By: Title: Mayor Date: 9/19/23 Attest: For the Consultant By: Dave Panos Title: Proiect Manager Date: 9/11/23 Approved by: City A orney'sff' e L Date: / — / / —0?3 Attachment 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% Photogloss $ .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% � r 1 air ,�t VIII - �� CITY OF IOWA CITY Late Handout(s): City Council Supplemental Meeting Packet September 18, 2023 5. Consent -Calendar - Bg3D-Wlions and Motions Item 5.d Landfill Equipment Building Replacement - See Attachment A. 9. Planning & Zoning Matters Item 9.a Zoning Code Amendment - Housing Choice, Supply, and Affordability - See correspondence from Jim Throgmorton, Mary Murphy, John Engelbrecht & Bev Brandt, Raymond Helmer, Tara Atkinson, Kyle Nilson & Amanda Crosby Perry, Sandy Heisdorffer & Joan Jehle. Item 9.b Rezoning - 715 N Dodge Street - Local Historic Landmark - See correspondence from Sondra Smith & David Leshtz, Deborah Nye. 10. Regular Formal Agenda Item 10.b FY24 Budget Amendment Public Hearing - See correspondence from Vincent Shoppa. September 18, 2023 City of Iowa City Prepared By:Bryan Dannen, Sr. Engineer Reviewed By: Juli Seydell Johnson, Parks & Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact:$774,409.10 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:Resolution Item Number: 5.e. September 19, 2023 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Sturgis Ferry Park Improvements and Southside Recycling Center Project. Executive Summary: This item awards the contract for construction of the Sturgis Ferry Park Improvements and Southside Recycling Center Project. The engineer ’s estimated cost for construction of the project was $790,000. Six (6) bids were submitted prior to the September 12, 2023 deadline: Bidder Name City Bid Streb Construction Co., Inc.Iowa City, Iowa $ 774,409.10 All American Concrete, Inc.West Liberty, Iowa $ 799,359.80 B & M Construction West Branch, Iowa $ 853,213.96 Triple B Construction Wilton, Iowa $ 873,207.00 McComas-Lacina Construction Iowa City, Iowa $ 897,000.00 Midwest Concrete Inc.Peosta, Iowa $ 951,393.17 Streb Construction Co., Inc. of Iowa City, Iowa submitted the lowest responsive, responsible bid and staff recommends awarding the Contract for the Sturgis Ferry Park Improvements and Southside Recycling Center Project to Streb Construction Co., Inc. Background / Analysis: The project will improve the quality 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: Construction - October 2023 to May 2024 Prepared by: Bryan Dannen, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5413 Resolution No. 23-259 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Sturgis Ferry Park Improvements and Southside Recycling Center Project. Whereas, Streb Construction Co., Inc. of Iowa City, Iowa has submitted the lowest responsive, responsible bid of $774,409.10 for construction of the above-named project; and 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: The contract for the construction of the above-named project is hereby awarded to Streb Construction Co., Inc. of Iowa City, Iowa, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 1 Qrh day of , 2023 maw Approved by Attest: J7 City blerk City Attorn y's Office (Liz Craig - 09/14/2023) It was moved by T,yi 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:Shaun Bradbury, Special Projects Administrator 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.f. September 19, 2023 Resolution accepting the work for the Iowa City Public Works Material Storage Bins Project. Executive Summary: The Iowa City Public Works Material Storage Bins Project was completed by Tricon General Construction, Inc, of Cedar Rapids Iowa in substantial accordance with the plans and specifications prepared by Neumann Monson Architects, of Iowa City, Iowa. The Engineer ’s Report and Performance and Payment bonds are on file with the City Clerk. Project Estimated Cost: $400,000.00 Project Bid Received: $581,000.00 Project Actual Cost: $586,890.76 Background / Analysis: The new, covered storage areas were originally included in the Public Works Facility project but were removed due to budget constraints. Storage of the City’s sand / salt mixture in a covered location provides several benefits. First, covered storage will help to minimize the material from getting wet, which can lead to the salt becoming dissolved and draining into the sewer. Second, during cold weather the wet material becomes frozen together in large chunks, making it more difficult to load and spread effectively on local roads. The covered area will also provide more flexibility to carry more salt through the summer months if there is remaining material after the winter. If not filled with salt, these bins can also be used to store topsoil, compost and other materials during the summer construction season. Prepared by: Shaun Bradbury, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 Resolution No. 23-26D Resolution accepting the work for the Iowa City Public Works Material Storage Bins Project. Whereas, the Engineering Division has recommended that the work for construction of the Iowa City Public Works Material Storage Bins Project, as included in a contract between the City of Iowa City and Tricon General Construction, Inc of Cedar Rapids, Iowa, dated 21St day of March 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 Sand / Salt Storage Bunker account #P3985; and Whereas, the final contract price is $586,890.76 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 19th day of September 12023 J M or i Attest: City lerk It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by City Attorne s Office (Liz Craig — 09/14/2023) Thomas the Resolution be Absent: Alter Bergus Dunn Harmsen Taylor 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:None Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Engineer's Report Resolution Item Number: 5.g. September 19, 2023 Resolution accepting the work for the Water Treatment Plant Front Meeting Room A/V Upgrades Project. Executive Summary: The Water Treatment Plant Front Meeting Room A/V Upgrades Project was completed by Selzer Werderitsch Associates of Iowa City, 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 Engineer. Project Estimated Cost: $137,000.00 Project Bid Received: $108,100.00 Project Actual Cost: $112,773.83 There was one (1) change order on this project, which included additional work for remediating mold, an additional condensate drip pan and additional boxes for the audio- visual controls. Background / Analysis: The project included remodeling and upgrading the front meeting room at the Water Treatment Plant to provide better room usage and data display functionality for training events and meetings. Work included the removal of the folding partition wall and all of its components, removal of the partition wall closet, removal of existing lighting and removal and patching of casework, painting, new lighting, new audio-visual system components and installation of monitors. Existing lighting was replaced with energy efficient LED fixtures. Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 23-261 Resolution accepting the work for the Water Treatment Plant Front Meeting Room AN Upgrades Project Whereas, the Engineering Division has recommended that the work for construction of the Water Treatment Plant Front Meeting Room A/V Upgrades Project, as included in a contract between the City of Iowa City and Selzer Werderitsch Associates of Iowa City, Iowa, dated November 3, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Water Front Meeting Room A/V Upgrades account #W3317; and Whereas, the final contract price is $112,773.83. 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 19th day of September 12023 T— M Attest: V L City blerk It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by ZZ--, — City Attorn 's Office (Liz Craig - 09/14/2023) Thomas the Resolution be Absent: x Alter Bergus Dunn Harmsen Taylor Teague Thomas J Prepared By:Susan Dulek, First Ass't. City Attorney Reviewed By:Rachel Kilburg, Ass't. City Manager Fiscal Impact:None Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Agreement Item Number: 5.h. September 19, 2023 Resolution approving an agreement with the Downtown District to allow the sale, consumption, and possession of beer during Oktoberfest on City streets. Executive Summary: The City Code allows private non-profit entities to sell and their customers to consume and possess alcohol on public right-of-way under limited circumstances. The Downtown District would like to be able to sell beer in a demarcated area on Market St. and N. Linn St. during Oktoberfest on September 23. This resolution approves an agreement with the Downtown District, which is substantially similar to the 2022 agreement. The area on Market Street and N. Linn Street is attached to the agreement. Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 23-262 Resolution approving an agreement with the Downtown District to allow the sale, consumption, and possession of beer during Oktoberfest on City streets. Whereas, section 4-5-3D of the City Code allows private entities to sell and their customers to consume and possess alcohol in city parks and on public right-of-way under limited circumstances; and Whereas, the Downtown District would like to be able to sell beer in a demarcated area on City streets during Oktoberfest; and Whereas, it is in the City of Iowa City's interest to execute the attached agreement. Now, therefore,. be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 19th day of September , 2023. r Approve y: Attest: �d7 City Clerk City Attorney' O ice (Sue Dulek - 09/13/2023) It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: Thomas Absent: x Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be Drafted by: Susan Duiek, Asst City Attorney, 410 E. Washington St., Iowa City, IA 57240;319/356}5030 2023 AGREEMENT BETWEEN THE CITY OF IOWA CITY ANIS IOWA CITY DOWNTOWN SELF. SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED- SALE, CONSUMPTION, AND POSSESSION OF BEER DURING THE OKTOBERFEST This Agreement is made between low- a City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, District is an "authorized entity" as that term is defined in section 4-5- 3D of the City Code; WHEREAS, District has applied for a license to sell beer during the Northside Oktoberfest; and WHEREAS, the parties wish to enter into an agreement to allow District to sell beer to allow persons to possess and consume beer under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: Authorized Site. In consideration for Districts promises herein, the City agrees to allow District control over the area in the 200 - 300 block of Market Street, the City parking lot in the 300 block, and 100 block of N. Linn St. on September 23, 2023 from 5.00 am to 11:00 pm as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("Oktoberfest authorized site" or "authorized site") with alcohol to be sold and consumed only from 10:00 am to 9:00 pm. District must allow members of the public not participating in the event to walk through the Authorized Site on the sidewalk. 2. Term. This agreement shall be in effect only on September 23, 2023, 3. Access. District shall take all reasonable steps to ensure that only persons over twenty-one (21) years of age have access to beer and wine. Said reasonable steps include, but are not limited to, ensuring that: a) all persons over twenty-one (21) years of age shall be provided a wrist band and an approved container upon purchase of beer or wine; and b) no one may possess an open container of beer or wine unless it is in an approved container and the person is wearing a wrist band. Approved container means a glass or cup that'is approved by the City prior to the event. If the District observes anyone in possession of an open container of beer or wine (or any type of alcohol) that is not in an approved container or anyone in possession of an approved container with beer or wine who does not have a wrist band, the District shall immediately request that the person pour out the liquid. If the person refuses to do so, the District shall immediately contact the Iowa City Police Department. 4. License. This agreement is void if District does not have a license to sell beer and wine on the Oktoberfest authorized site on September 23, 2023. 5. Sale of Beer/Nne and Alcohol Restrictions. District shall only sell beer and wine to a person who is over twenty-one (21) years of age. District acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code. 6. Advertisement. District shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior and exterior tent walls. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. District shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If District fails to do so and if City staff has to collect the debris and trash from the authorized sites, District may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the City parking lot, and District shall post two no - smoking signs in said lot for Oktoberfest. The signs shall comply with Iowa Code Section 142D.6, as amended. Additionally, theuse of electronic cigarettes is prohibited in the parking lot. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa, as amended. 10. Temporary Toilet Facilities and Hand Washing Stations. District shall provide at its sole cost thirty (30) temporary toilet facilities in the location shown on Exhibit A, including two (2) that are handicap accessible. District shall further provide at its sole cost fifteen (15) hand washing stations adjacent to the facilities unless the facilities themselves are equipped with hand washing stations. 11.Anchoring and Drilling. District shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 12. Fencing. The author City. ized site shall be enclosed by fencing as approved by the 13. Insurance, a) premises Insurance. On September 23, 2023, District shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. District shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. District shall notify the City 1 week before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. On September 23, 2023, District shall carry "dram shop" insurance in compliance with Iowa Code section 123.92, as amended, in the amount of $1,000,000 (one million dollars). District shall 4 provide 1 week notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. District shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit B, which is attached and incorporated herein. 14. Indemnification. District shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the authorized site. 15. Non -Discrimination. District shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 16. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 17. Assignment and Subletting. District shall not assign or sublet this agreement without prior written approval of the City. 18. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this i g -h- day of September, 2023. IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MU I vIPROVEMENT DISTRICT " B hdztn� Execu ive irector THE CITY 0 Geoff Frgfn, City Manager Approved City Attorney's Office 3 Prepared By:Ben Clark, Sr. Engineer Reviewed By:Kumi Morris, Facilities Manager LaTasha DeLoach, Senior Center Coordinator Jason Havel, City Engineer Ron Knoche, Public Works Director Nicole Davies, Finance Director Redmond Jones, Deputy City Manager Geoff Fruin, City Manager Fiscal Impact:$1,910,000 available in the Senior Center Facility Exterior Improvements account #K1001 Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Resolution Item Number: 6.a. September 19, 2023 Resolution setting a public hearing on October 3, 2023 on project manual and estimate of cost for the construction of the Iowa City Senior Center Exterior Building Envelope Preservation, Restoration and Rehabilitation 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 Iowa City Senior Center Exterior Building Envelope Preservation, Restoration and Rehabilitation Project. This project includes exterior limestone repair and restoration, dismantling and reconstruction of existing parapet piers and parapet balustrades, repair and termination of existing roofing system. Background / Analysis: The Iowa City Senior Center (ICSC) is located in a historic building at the corner of Linn Street and Washington Street in downtown Iowa City. It provides programming to support wellness, social connections, community engagement and lifelong learning for a diverse and growing older adult population. The building structure was originally constructed as a post office in 1904 and expanded in 1931. It remained the City’s central post office until 1975 when, after two years of vacancy, it was purchased by the City and renovated for its current use. The structure has been on the National Register of Historic Places since 1979. An assessment of the building’s exterior was conducted as part of the Senior Center Assessment and Master Plan, dated March 2, 2022, which generally identified several areas in need of exterior restoration and rehabilitation. A more specific Project Scoping Report was then conducted and completed on December 21, 2022, which reviewed specific infrastructure repairs and provided budgetary cost estimates. The work has been divided into two distinct projects for financing purposes. This project, the first of two, includes exterior limestone repair and restoration, dismantling and reconstruction of existing parapet piers and parapet balustrades, and repair and termination of the existing roofing system. The estimated construction cost is $1,910,000 and work will occur during the 2024 construction season. The second project will include removal and replacement of existing windows, removal and replacement of existing exterior doors, repair and restoration of historic wood elements at monumental window openings and historic entry doorways, and exterior painting. The estimated construction cost is $700,000 and work is expected to occur during the 2025 construction season. Project Timeline (First Project): Public Hearing – October 3, 2023 Bid Letting – November 7, 2023 Award Date – November 21, 2023 Final Completion – December 2024 Project Timeline (Second Project): Bid Letting – Summer 2024 Final Completion – Summer 2025 Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240; (319)356-5436 Resolution No. 23-263 Resolution setting a public hearing on October 3, 2023 on project manual and estimate of cost for the construction of the Iowa City Senior Center Exterior Building Envelope Preservation, Restoration and Rehabilitation 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 Senior Center Facility Exterior Improvements account #K1001. 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 3rd day of October, 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 19th day of September 2023 Ma/r 9 Approved by ^/ i� L J Attest: 1.,.e/ City derk City AttorneA Office (Liz Craig - 09/13/2023) It was moved by Taylor and seconded by Thomas adopted, and upon roll call there were: Ayes: X X X X X X Nays: Absent: 0.11 Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be Mf Attachments:Competitive Quote Memorandum Item Number: 7.a. September 19, 2023 Competitive Quotation Memorandum Prepared By:Nicole Davies, Finance Director Reviewed By:Geoff Fruin, City Manager Fiscal Impact:FY24 budget revisions are funded through new revenues or available fund balance. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Notice of Public Hearing.pdf FY24 Budget Amendment #1 Resolution.pdf Item Number: 10.b. September 19, 2023 City budget amendment and certification resolution - FY 2024 - Amendment #1 Executive Summary: The Finance Department requests the City Council to set a public hearing for consideration of amending the fiscal year 2024 annual budget on September 19, 2023. This is the first budget amendment for fiscal year 2024. Background / Analysis: Budget amendments are submitted to the Finance Department and reviewed for approval by the Finance Director and City Manager. Requests to carry appropriations over from one year to the next are also submitted and approved in the same manner. A formal recommendation for a budget amendment is then prepared for City Council approval. The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. These changes may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement plan changes. Increased expenditures must utilize available fund balance or additional revenue sources, as the State does not allow amendments to increase property taxes. According to the City’s financial policies, amendments to operating budgets will be made only in the following situations: emergency situations transfer from contingency expenditures with offsetting revenues or fund balance carry-over of prior year budget authority for expenses that had not been paid as of the end of the fiscal year. This proposed budget amendment increases overall revenues and transfers-in by $12,983,609, as shown on Line 15 of the attached notice (see Revenues & Other Financing Sources, lines 1-15). The majority of the increase of revenues being amended is for intergovernmental revenues, transfers in, and other financing sources. Intergovernmental revenues (line 9) are being increased by $10,363,293, which primarily represents State and Federal grants on capital projects and HOME/CDBG revenues that are being carried forward from the prior year. Other Financing Sources (line 13) is being amended by $447,000 for South District home sales. Transfers in (line 14) are being amended by $2,025,000 for capital improvement projects. Additionally, Miscellaneous Revenues (line 12) are being amended by $148,316 for expected donations. The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an increase in appropriations of $87,303,336. The majority of the increase in appropriations is related to governmental capital improvement projects that are being carry forward from prior years (line 23) and total $36,233,268. The next largest increase in appropriations is for the Business Type/Enterprise program (line 25) and totals $24,553,304. The increase in this program primarily reflects the carry forward of utility fund capital improvement projects from prior years. The last significant increase is for the Community and Economic Development program (line 20) and totals $22,294,267. This primarily reflects the carry forward of appropriations for the ARPA funding received, as well as CDBG/HOME programs and the South District home program. In addition to carry forwards for operations and capital improvement projects, the amendment includes the purchase of land in downtown Iowa City. The net budgeted result to fund balances is a reduction of $74,319,727 (line 29). This reduction will be covered through excess fund balances and bond funds and will not affect property tax revenues or levies. The Notice of Public Hearing for the first budget amendment of fiscal year 2024 is attached to this memo along with a detailed list of the individual amendments. REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 66,312,743 0 66,312,743 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 66,312,743 0 66,312,743 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 4,083,031 0 4,083,031 Other City Taxes 6 3,596,467 0 3,596,467 Licenses & Permits 7 2,033,921 0 2,033,921 Use of Money & Property 8 3,172,348 0 3,172,348 Intergovernmental 9 36,115,666 10,363,293 46,478,959 Charges for Service 10 51,347,782 0 51,347,782 Special Assessments 11 1,381 0 1,381 Miscellaneous 12 10,580,520 148,316 10,728,836 Other Financing Sources 13 42,980,400 447,000 43,427,400 Transfers In 14 54,847,195 2,025,000 56,872,195 Total Revenues & Other Sources 15 275,071,454 12,983,609 288,055,063 EXPENDITURES & OTHER FINANCING USES Public Safety 16 30,750,428 518,495 31,268,923 Public Works 17 12,745,770 199,766 12,945,536 Health and Social Services 18 696,500 0 696,500 Culture and Recreation 19 17,500,835 58,710 17,559,545 Community and Economic Development 20 10,406,420 22,294,267 32,700,687 General Government 21 12,632,164 1,420,526 14,052,690 Debt Service 22 13,210,690 0 13,210,690 Capital Projects 23 31,178,470 36,233,268 67,411,738 Total Government Activities Expenditures 24 129,121,277 60,725,032 189,846,309 Business Type/Enterprise 25 90,987,334 24,553,304 115,540,638 Total Gov Activities & Business Expenditures 26 220,108,611 85,278,336 305,386,947 Transfers Out 27 54,847,195 2,025,000 56,872,195 Total Expenditures/Transfers Out 28 274,955,806 87,303,336 362,259,142 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 115,648 -74,319,727 -74,204,079 Beginning Fund Balance July 1, 2023 30 157,640,187 0 157,640,187 Ending Fund Balance June 30, 2024 31 157,755,835 -74,319,727 83,436,108 Explanation of Changes: Amendments include carryover of revenues and expenditures for projects in the CIP plan, expenditures carried forward include $994,600 for Black Lives Matter funding, $1,049,000 for CDBG/HOME and $13,886,000 for ARPA. Additional detail is available in the City Clerk's Office. NOTICE OF PUBLIC HEARING - AMENDMENT OF CURRENT BUDGET City of IOWA CITY Fiscal Year July 1, 2023 - June 30, 2024 The City of IOWA CITY will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2024 Meeting Date/Time: 9/19/2023 06:00 PM Contact: Kellie Grace Phone: (319) 356-5041 Meeting Location: Emma Harvat Hall, 410 E. Washington St. Iowa Ctiy There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be available at the hearing. Budget amendments are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult https://dom.iowa.gov/local-gov-appeals. 08/25/2023 04:12 PM Page 1 of 1 Org Object Project Description Amount Program Line 73730140 445230 Neptune 360 15,000.00 25 71810144 474420 EV Charger 13,250.00 25 71810142 474420 EV Charger 13,250.00 25 71810144 362200 EV Charger Grant (8,933.00) 12 71810142 362200 EV Charger Grant (9,383.00) 12 23610230 448010 ARPA Interest 459,150.00 20 10210200 455110 Laserfiche Licenses 20,000.00 21 10210510 471010 21 S. Linn Property Purchase 4,550,000.00 20 23610812 369100 Bus Rapid Transit Consultant (130,000.00) 12 23610812 432060 Bus Rapid Transit Consultant 255,000.00 20 23610812 393190 Bus Rapid Transit Consultant (25,000.00) 14 10610710 490160 Bus Rapid Transit Consultant 25,000.00 27 Carry‐forwards 10210300 432060 Compensation Study 72,938.44 21 10210410 432060 BLM 400,000.00 21 10210410 432080 BLM 200,000.00 21 10210410 432100 BLM 45,000.00 21 10210410 435059 BLM 10,000.00 21 10210410 445140 BLM 5,000.00 21 10210410 445180 BLM 40,000.00 21 10210410 448030 BLM 194,560.00 21 10210410 448040 BLM 100,000.00 21 10210510 448070 Economic Dev Assistance 95,573.00 20 10210610 432060 Fleet Analysis and Transition Plan 40,000.00 21 10310710 448070 Workforce Housing Tax Credits 178,000.00 21 10310713 432060 City Hall Space Needs Study 86,028.00 21 10410100 432080 Traffic Study 12,298.00 16 10410220 448010 CommUnity Co‐Responder 42,500.00 16 10410310 474220 Automobiles 342,829.00 16 10410310 464030 Rifle Protection Plates 12,312.00 16 10410310 464030 Shields 5,928.00 16 10410310 474420 Ped Mall Cameras 87,793.00 16 10410320 469320 Standing Desk 2,238.00 16 10450110 469190 Kitchen Appliances 7,757.00 16 10450200 469210 Fire Bunker Gear 4,840.00 16 10510311 473010 City Hall Emergency Generator 29,000.00 21 10530200 474420 Toro ZTR Mower 22,710.30 19 10530241 473010 H20 Roof Replacement 24,000.00 19 10570100 473010 Pigeon Mitigation 12,000.00 19 10610220 392100 Sale of 2129 Taylor (147,000.00) 13 10610220 472010 FY22 Rehab Funds 130,000.00 20 10610220 392100 Sale of 1311 Sandusky (150,000.00) 13 10610220 392100 Sale of 1313 Sandusky (150,000.00) 13 10610220 472010 FY23 Rehab Funds 70,000.00 20 10610620 432060 Comprehensive Plan Update 150,000.00 20 10610620 432060 FBC Incentive Program & South District FBC 32,000.00 20 10610620 448010 Historic Preservation Grants 10,000.00 20 10610720 473010 Public Art funds 73,887.00 20 10710200 469190 Minor Equipment 10,000.00 17 10810200 432080 Ped Mall Fountain Tiles 11,866.00 20 21610320 448010 FY23 CDBG Rehab Projects 338,876.94 20 21610320 331100 FY23 CDBG Rehab Projects (338,876.94) 9 21610320 448010 FY22 CDBG Rehab Projects 98,694.15 20 Fiscal Year 2024 Budget Amendment #1 21610320 331100 FY22 CDBG Rehab Funding (98,694.15) 9 21610410 448090 FY22 HOME Admin 16,866.67 20 21610410 331100 FY22 HOME Admin (16,866.67) 9 21610410 448090 HOME ARPA Admin 236,418.56 20 21610410 331100 HOME ARPA Admin (236,418.56) 9 21610420 448090 FY19 South District 25,000.00 20 21610420 448090 FY21 South District 44,000.00 20 21610420 448090 FY21 HOME THF Rental Rehab‐Taylor 25,000.00 20 21610420 448090 FY22 GreenState Partnership 15,000.00 20 21610420 448090 FY22 South District‐Phase 3 100,000.00 20 21610420 448090 FY22 HOME Rehab 59,061.38 20 21610420 448090 FY23 HOME Rehab 89,729.18 20 21610420 331100 FY22 HOME Rehab Funding (357,790.56) 9 21610420 448090 HOME ARPA Program Operations 1,521,981.00 20 21610420 331100 HOME ARPA Rehab Funding (1,521,981.00) 9 22710332 474420 Operating Equipment 189,766.00 17 23610230 448010 ARPA 13,886,162.82 20 71810221 442010 Transit Facility Sidewalk 6,500.00 25 72720130 474420 Generator 40,980.00 25 73730120 445230 Lime Removal 48,975.22 25 73730120 445230 Backwash Pump #1 & #2 Repairs 72,269.17 25 74740110 473010 Demo Old Refuse Bldg 200,000.00 25 74740140 474230 Recycling Collection Truck 75,000.00 25 81710520 474230 Equipment Replacement 1,979,701.03 X 81710520 474270 Equipment Replacement 354,103.48 X CIP Carry‐forwards Org Object Project Description Amount Program Line 31310790 472010 Other Governmental CIP 70,511.32 23 31310790 476130 Other Governmental CIP 923,566.00 23 31410910 476130 Police CIP 125,000.00 23 31410940 473010 Animal Shelter CIP 110,000.00 23 31450900 474230 Fire CIP 3,239,036.00 23 31520900 472010 Recreation CIP 129,283.27 23 31520900 473010 Recreation CIP 207,303.82 23 31530910 472010 Parks CIP 845,585.50 23 31530910 473010 Parks CIP 7,669,094.33 23 31530920 473010 Trails CIP 610,331.22 23 10310710 490040 Senior Center CIP 2,000,000.00 27 31570900 393140 Senior Center CIP (2,000,000.00) 14 31570900 472010 Senior Center CIP 1,448,455.84 23 31610900 473010 Community & Econ Dev CIP 361,282.26 23 31710940 473010 Other Public Works CIP 508,045.10 23 31710940 432040 Other Public Works CIP 1,000,000.00 23 32710910 331100 Roads CIP (4,460,499.00) 9 32710910 334900 Roads CIP (981,471.88) 9 32710910 331150 Roads CIP (393,027.02) 9 32710910 432090 Roads CIP 2,229,383.89 23 32710910 473010 Roads CIP 5,202,531.04 23 32710910 471010 Roads CIP 6,336,271.00 23 32710920 331150 Bridge CIP (416,195.77) 9 32710920 334610 Bridge CIP (325,000.00) 9 32710920 432090 Bridge CIP 96,262.87 23 32710920 473010 Bridge CIP 4,300,936.87 23 32710950 473010 Traffic Engineering CIP 820,387.77 23 71810915 473010 Parking CIP 747,552.04 25 71810915 474420 Parking CIP 1,173,216.72 25 71810925 474420 Transit CIP 11,913.00 25 71810925 472010 Transit CIP 100,000.00 25 71810925 432090 Transit CIP 200,000.00 25 71810925 473010 Transit CIP 979,016.71 25 72720905 474420 Wastewater CIP 146,388.00 25 72720905 432090 Wastewater CIP 657,212.40 25 72720905 473010 Wastewater CIP 9,736,091.32 25 73730905 432060 Water CIP 50,460.50 25 73730905 475010 Water CIP 91,752.00 25 73730905 473010 Water CIP 2,048,217.88 25 75750905 432090 Landfill CIP 125,338.80 25 75750905 473010 Landfill CIP 5,820,190.32 25 76850905 331100 Airport CIP (1,053,121.00) 9 76850905 334900 Airport CIP (163,350.00) 9 76850905 432090 Airport CIP 57,929.40 25 76850905 473010 Airport CIP 684,956.13 25 77770905 432090 Stormwater CIP 77,901.15 25 77770905 473020 Stormwater CIP 85,446.00 25 77770905 473010 Stormwater CIP 1,274,497.05 25 Use of Money & Property ‐ 8 Intergovernmental (10,363,292.55) 9 Charges for Services ‐ 10 Miscellaneous (148,316.00) 12 Other Financing Sources (447,000.00) 13 Transfers In (2,025,000.00) 14 Public Safety 518,495.00 16 Public Works 199,766.00 17 Health & Social Services ‐ 18 Culture & Recreation 58,710.30 19 Community & Economic Development 22,294,266.70 20 General Government 1,420,526.44 21 Debt Service ‐ 22 Capital Projects 36,233,268.10 23 Business‐Type/Enterprise 24,553,303.81 25 Transfers Out 2,025,000.00 27 Internal Service (not budgeted) 2,333,804.51 X 76,653,532.31 Internal Service (not budgeted) (2,333,804.51) Excess Revenues & Other Financing Sources under Expenditures/Transfers Out 74,319,727.80 29 State Form Program Lines r =Zz6-Z= -4 ! : ilt g CITY OF IOWA CITY Late Handout(s): City Council Supplemental Meeting Packet September 18, 2023 5. Consent Calendar - Resolutions and Motions Item 5.d Landfill Equipment Building Replacement - See Attachment A. 9. Planning & Zoning Matters Item 9.a Zoning Code Amendment - Housing Choice, Supply, and Affordability - See correspondence from Jim Throgmorton, Mary Murphy, John Engelbrecht & Bev Brandt, Raymond Helmer, Tara Atkinson, Kyle Nilson & Amanda Crosby Perry, Sandy HeisdorFfer & Joan Jehle. Item 9.b Rezoning - 715 N Dodge Street - Local Historic Landmark - See correspondence from Sondra Smith & David Leshtz, Deborah Nye. 1Q. Regular Formal Agenda �— Item 10.b FY24 Budget Amendment Public Hearing - See correspondence from Vincent Shoppa. September 18, 2023 City of Iowa City CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2024 - AMENDMENT # 1 To the Auditor of JOHNSON County, Iowa: The City Council of IOWA CITY in said County/Counties met on 09/19/2023 06:00 PM, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced. RESOLUTION No. 23-264 A RESOLUTION AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 2024 (AS LAST CERTIFIED OR AMENDED ON 04/04/2023) Be it Resolved by the Council of City of IOWA CITY Section 1. Following notice published/posted 09/08/2023 and the public hearing held 09/19/2023 06:00 PM the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at the hearing: REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 66,312,743 0 66,312,743 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 66,312,743 0 66,312,743 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 51 4,083,031 0 4,083,031 Other City Taxes 6 3,596,467 0 3,596,467 Licenses & Permits 7 2,033,921 0 2,033,921 Use of Money & Property 8 3,172,348 0 3,172,348 Intergovernmental 9 36,115,666 10,363,293 46,478,959 Charges for Service 10 51,347,782 0 51,347,782 Special Assessments 11 1,381 0 1,381 Miscellaneous 12 10,580,520 148,316 10,728,836 Other Financing Sources 13 42,980,400 447,000 43,427,400 Transfers In 14 54,847,195 2,025,000 56,872,195 Total Revenues & Other Sources 15 275,071,454 12,983,609 288,055,063 EXPENDITURES & OTHER FINANCING USES Public Safety 16 30,750,428 518,495 31,268,923 Public Works 17 12,745,770 199,766 12,945,536 Health and Social Services 18 696,500 0 696,500 Culture and Recreation 19 17,500,835 58,710 17,559,545 Community and Economic Development 20 10,406,420 22,294,267 32,700,687 General Government 21 12,632,164 1,420,526 14,052,690 Debt Service 22 13,210,690 0 13,210,690 Capital Projects 23 31,178,470 36,233,268 67,411,738 Total Government Activities Expenditures 24 129,121,277 60,725,032 189,846,309 Business Type/Enterprise 25 90,987,334 24,553,304 115,540,638 Total Gov Activities & Business Expenditures 261 220,108,611 85,278,336 305,386,947 Transfers Out 27 54,847,195 2,025,000 56,872,195 Total Expenditures/Transfers Out 28 274,955,806 87,303,336 362,259,142 Excess Revenues & Other Sources Over Under Expenditures/Transfers Out 29 115,648 -74,319,727 -74,204,079 Beginning Fund Balance July 1, 2023 30 157,640,187 0 157,640,187 Ending Fund Balance June 30, 2024 31 157,755,835 -74,319,727 83,436,108 Explanation of Changes: Amendments include carryover of revenues and expenditures for projects in the CIP plan, expenditures carried forward include $994,600 for Black Lives Matter funding, $1,049,000 for CDBG/HOME and $13,886,000 for ARPA. Additional detail is available in the City Clerk's Office. 09/19/2023 Clerk/Administr6tor Signature of Certification Adopted On % Mayor Signature o<QeAification 09/07/2023 12:42 PM Paoe 1 of 1 Resolution No. 23-264 Page 2 It was moved by Thomas and seconded by HarmGen that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Alter X Bergus R Dunn x— Harmsen X Taylor X Teague X Thomas