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HomeMy WebLinkAbout2023-10-03 ResolutionItem Number: 6.a. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution directing the filing of Tax Increment Financing (TIF) certification under Iowa Code Section 403.19 for the 2023 end of year certification of urban renewal projects. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation Commission Recommendations: Rachel Kilburg, Assistant City Manager Nicole Davies, Finance Director N/A Approval N/A Attachments: Summary Table of 2023 TIF Certification Forms.docx Resolution TIF Certification Forms Executive Summary: The City is required to file an annual TIF debt certification with the County Auditor by December 1st of each year which specifies the increment collected for each active urban renewal area. Background /Analysis: The annual TIF debt certification to the County Auditor specifies the tax increment collected for each urban renewal area in which there is activity. Depending on the activity in an urban renewal area, different forms are submitted to the County Auditor. Form 1 initiates the collection of tax increment for projects not certified with the Auditor previously (new activity). Form 2 requests a specific dollar amount less than the full amount of available increment, such as when the available increment is more than the project/activity costs. Form 3 ends the collection of tax increment. Attached is a summary of the 2023 certification forms, followed by the full version of the forms to be submitted to the County Auditor before December 1. 2023. TIF certification forms for the County Auditor, 12/1/2023 Below is a summary of the TIF certification forms being submitted to the County Auditor's office. Form 1 initiates the collection of tax increment for projects not certified with the Auditor previously. Form 2 requests a specific dollar amount less than the full amount of available increment and Form 3 ends the collection of tax increment. Urban Renewal Area Forms submitted Form 1 - Energy Efficiency grant, Admin costs Form 2 - GO Bond payments, revenue notes, admin expenses, energy City University Project 1 efficiency grant downtown Form 3 - reduces TIF request by portion of incentive from hotel taxes, interest Foster Road Form 3 - interest Heinz Road Form 3 - reduce by unused balance of energy efficiency rant Form 2 - GO Bond payments Moss Green Form 3 - interest Form 2 - GO Bond payments Riverside Drive Form 3 - interest Form 2 - MDK internal loan Towncrest Form 3 - interest ' (,L" - Prepared _ - Prepared by: Rachel Kilburg, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 Resolution No. 23-265 Resolution directing the filing of Tax Increment Financing (TIF) certification under Iowa Code Section 403.19 for the 2023 end of year certification of urban renewal projects. Whereas, the City of Iowa City, Iowa has established the various urban renewal plans for certain urban renewal areas (the "Urban Renewal Areas") and is undertaking certain projects within the Urban Renewal Areas (the "Projects"); and Whereas, it is the intention of the City to certify the amount so incurred and advanced, together with interest, for reimbursement under Iowa Code Section 403.19. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: . 1. There has been established separate tax increment revenue funds for the City -University Project I Urban Renewal Area; Heinz Road Urban Renewal Area, Moss Green Urban Renewal Area; Riverside Drive Urban Renewal Area, Sycamore & First Avenue Urban Renewal Area, and Towncrest Urban Renewal Area (collectively the 'Tax Increment Funds"), into which incremental property tax revenues received from the respective urban renewal areas are deposited. The Council finds the Projects identified in the attached TIF certifications to be Urban Renewal Projects as defined in Iowa Code Chapter 403 and directs that the amounts specified in said exhibits be certified for reimbursement under Iowa Code Section 403.19. 2. The Clerk and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to, certification for reimbursement under Iowa Code Section 403.19. Passed and approved this 3rd day of October , 2023. May ' Attest: IJP J RECEIVED �'�Z,; .1L-Q.,-�Q ' _ ; . JOHNSON CO. IOWA City Clerk • OCT 04 2023 Approved: City ttorn_0j 9/13/2023 .: COUNTY AUO Resolution No. 23-265 Page 2 It was moved by Taylor and seconded by that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: g Alter X Bergus X Dunn X Harmsen g Taylor X Teague X Thomas ciTY TIF FORM 1 - INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403.19 TAX INCREMENT FINANCING (TIF) INDEBTEDNESS CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: City Univ Proj I Urban Renewal Area Number: 52024 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been previously certified, in the collective amount shown below, all of which qualify for repayment from the special fund referred to in paragraph 2 of Section 403.19 of the Code of Iowa. Urban Renewal Area Indebtedness Not Previously Certified": $ 12,350,239 `There must be attached a supporting itemized listing of the dates that individual loans, advances, indebtedness, or bonds were initially approved by the governing body. (Complete and attach 'CITY TIF FORM 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File 'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File 'CITY TIF 'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: Dated this 34 day of C) Oro 6"C� 1joa Si nat re of Authorized Official Telephone E CITY TIF FORM 1.1 To be attached to CITY TIF FORM 1 INDEBTEDNESS CERTIFICATION Page 1 TIF INDEBTEDNESS NOT PREVIOUSLY CERTIFIED ELIGIBLE FOR TAX COLLECTIONS NEXT FISCAL YEAR City: Iowa City County: Johnson Urban Renewal Area Name: City Univ Proj I Urban Renewal Area Number: 52024 (Use five -digit Area Number Assigned by the County Auditor) Individual TIF Indebtedness Type/Description/Details: Date Approved*: Total Amount: 1. Neumann Monson engergy efficiency TIF grant 3/21/2023 FIXthis box if a rebate agreement. List administrative details on lines above. 2. Administrative Costs - Internal Loan 10/3/23 Includes attorney and other misc. expenses n'X' this box if a rebate agreement. List administrative details on lines above. 3. Tailwinds Rebate Agreement 1/19/2021 ] Xthis box if a rebate agreement. List administrative details on lines above. 4. n'X' this box if a rebate agreement. List administrative details on lines above. 5. n'X' this box if a rebate agreement. List administrative details on lines above If more indebtedness entry lines are needed continue to Form 1.1 Page 2. 100,000 12,250,000 Total For City TIF Form 1.1 Page 1: 12,350,239 * "Date Approved" is the date that the local governing body initially approved the TIF indebtedness. CITY TIF FORM 2 SPECIFIC DOLLAR REQUEST FOR AVAILABLE TIF INCREMENT TAX FOR NEXT FISCAL YEAR CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year Where Less Than The Legally Available TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: City Univ Proj I Urban Renewal Area Number: 52024 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the next fiscal year and for the Urban Renewal Area within the City and County named above, the City requests less than the maximum legally available TIF increment tax as detailed below. Provide sufficient detail so that the County Auditor will know how to specifically administer your request. For example you may have multiple indebtedness certifications in an Urban Renewal Area, and want the maximum tax for rebate agreement property that the County has segregated into separate taxing districts, but only want a portion of the available increment tax from the remainder of the taxing districts in the Area. Specific Instructions To County Auditor For Administering The Request That This Urban Renewal Area Generate Less Than The Maximum Available TIF Increment Tax: Amount Requested: 2015A GO Bonds (CBD & Riverside Crossin) - Gen Obligation Bonds/Notes 63,414 2016E TIF Revenue Notes 1,247,750 Administrative Expenses FY23 - Internal Loan 239 Neumann Monson energy efficiency loan 100,000 Dated this � IA day of ()G Jo2--o AL hX , 3/� -356-5vbs Signat re of Authorizdid Officia Telephone CITY TIF FORM 3 TIF INDEBTEDNESS HAS BEEN REDUCED BY REASON OTHER THAN APPLICATION OF TIF INCREMENT TAX RECEIVED FROM THE COUNTY TREASURER CERTIFICATION TO COUNTY AUDITOR Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: City Univ Proj I Urban Renewal Area Number: 52024 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above, the City has reduced previously certified indebtedness, by reason other than application of TIF increment tax received from the County Treasurer, by the total amount as shown below. Provide sufficient detail so that the County Auditor will know how to specially administer your request. For example, you could have multiple indebtedness certifications in the Urban Renewal Area, and the County Auditor would need to know which particular indebtedness certifcation(s) to reduce. If rebate agreements are involved with a reduction, and the County has segregated the rebate property into separate TIF Increment taxing districts, provide the five -digit county increment taxing district numbers for reference. Individual TIF Indebtedness Type/Description/Details: TIF Rebate - Development Agreement - Iowa City Associates, Hilton Garden Inn 2016E TIF Revenue Notes (interest revenue) Amount Reduced: 98,558 48,693 Total Reduction In Indebtedness For This Urban Renewal Area: 147,251 Dated this day of o C_�o rt -r 1 ')_093 31�-35-50 �'S Signature of Authori ed Official Telephone cITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403.19 TAX INCREMENT FINANCING (TIF) INDEBTEDNESS CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Foster Road Urban Renewal Area Number: 52034 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been.previously certified, in the collective amount shown below, all of which qualify for repayment from the special fund referred to in paragraph 2 of Section 403.19 of the Code of Iowa. Urban Renewal Area Indebtedness Not Previously Certified*: $ 0 *There must be attached a supporting itemized listing of the dates that individual loans, advances, indebtedness, or bonds were initially approved by the governing body. (Complete and attach 'CITY TIF FORM 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File 'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File 'CITY TIF 'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: Dated this 3 ri day of &/ L�G� � aoa3 Signature of Authorized Official Telephone CITY TIF FORM 2 SPECIFIC DOLLAR REQUEST FOR AVAILABLE TIF INCREMENT TAX FOR NEXT FISCAL YEAR CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year Where Less Than The Legally Available TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa Urban Renewal Area Name: Foster Road County: Johnson Urban Renewal Area Number: 52034 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the next fiscal year and for the Urban Renewal Area within the City and County named above, the City requests less than the maximum legally available TIF increment tax as detailed below. Provide sufficient detail so that the County Auditor will know how to specifically administer your request. For example you may have multiple indebtedness certifications in an Urban Renewal Area, and want the maximum tax for rebate agreement property that the County has segregated into separate taxing districts, but only want a portion of the available increment tax from the remainder of the taxing districts in the Area. Specific Instructions To County Auditor For Administering The Request That This Urban Renewal Area Generate Less Than The Maximum Available TIF Increment Tax: Amount Requested: r� L - Dated this 3 day of C)&k W 1 2 20a J `31,q -356- S -5 4 ­� A,,-7 - - Signature of Authori ici Telephone CITY TIF FORM 3 TIF INDEBTEDNESS HAS BEEN REDUCED BY REASON OTHER THAN APPLICATION OF TIF INCREMENT TAX RECEIVED FROM THE COUNTY TREASURER CERTIFICATION TO COUNTY AUDITOR Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Foster Road Urban Renewal Area Number: 52034 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above, the City has reduced previously certified indebtedness, by reason other than application of TIF increment tax received from the County Treasurer, by the total amount as shown below. Provide sufficient detail so that the County Auditor will know how to specially administer your request. For example, you could have multiple indebtedness certifications in the Urban Renewal Area, and the County Auditor would need to know which particular indebtedness certifcation(s) to reduce. If rebate agreements are involved with a reduction, and the County has segregated the rebate property into separate TIF Increment taxing districts, provide the five -digit county increment taxing district numbers for reference. Individual TIF Indebtedness Type/Description/Details: LMI Housing (interest) Amount Reduced: 7,369 Total Reduction In Indebtedness For This Urban Renewal Area: 7,369 _ �� Dated this 3rd day of 0 C 41) I'�-oO"3 2L A- 35L -Sv�S Signature of Authorize0fricial Telephone CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403.19 TAX INCREMENT FINANCING (TIF) INDEBTEDNESS CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Heinz Road Urban Renewal Area Number: 52027 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been previously certified, in the collective amount shown below, all of which qualify for repayment from the special fund referred to in paragraph 2 of Section 403.19 of the Code of Iowa. Urban Renewal Area Indebtedness Not Previously Certified": $ 0 'There must be attached a supporting itemized listing of the dates that individual loans, advances, indebtedness, or bonds were initially approved by the governing body. (Complete and attach 'CITY TIF FORM 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File 'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File 'CITY TIF 'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: Dated this j day of Fes' 0 3 356 -- Ts Sign tureo�rized Official Telephone CITY TIF FORM 2 SPECIFIC DOLLAR REQUEST FOR AVAILABLE TIF INCREMENT TAX FOR NEXT FISCAL YEAR CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year Where Less Than The Legally Available TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Heinz Road Urban Renewal Area Number: 52027 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the next fiscal year and for the Urban Renewal Area within the City and County named above, the City requests less than the maximum legally available TIF increment tax as detailed below. Provide sufficient detail so that the County Auditor will know how to specifically administer your request. For example you may have multiple indebtedness certifications in an Urban Renewal Area, and want the maximum tax for rebate agreement property that the County has segregated into separate taxing districts, but only want a portion of the available increment tax from the remainder of the taxing districts in the Area. Specific Instructions To County Auditor For Administering The Request That This Urban Renewal Area Generate Less Than The Maximum Available TIF Increment Tax: Amount Requested: Dated this day of 0 .) 3 11 Signa ure of AuthorYed Official 31g_356-soi_s Telephone CITY TIF FORM 3 TIF INDEBTEDNESS HAS BEEN REDUCED BY REASON OTHER THAN APPLICATION OF TIF INCREMENT TAX RECEIVED FROM THE COUNTY TREASURER CERTIFICATION TO COUNTY AUDITOR Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Heinz Road Urban Renewal Area Number: 52027 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above, the City has reduced previously certified indebtedness, by reason other than application of TIF increment tax received from the County Treasurer, by the total amount as shown below. Provide sufficient detail so that the County Auditor will know how to specially administer your request. For example, you could have multiple indebtedness certifications in the Urban Renewal Area, and the County Auditor would need to know which particular indebtedness certifcation(s) to reduce. If rebate agreements are involved with a reduction, and the County has segregated the rebate property into separate TIF Increment taxing districts, provide the five -digit county increment taxing district numbers for reference. Individual TIF Indebtedness Type/Description/Details: Iowa City Storage Energy Efficiency Grant Amount Reduced: 99 7n4 Total Reduction In Indebtedness For This Urban Renewal Area: 22,709 Dated this 13 day of MIT Signature of AutKorized Official Telephone CITY TIF FORM 1 -INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403.19 TAX INCREMENT FINANCING (TIF) INDEBTEDNESS CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa Urban Renewal Area Name: Moss Green County: Johnson Urban Renewal Area Number: 52029 (use five -digit Area Number Assigned by the county Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been previously certified, in the collective amount shown below, all of which qualify for repayment from the special fund referred to in paragraph 2 of Section 403.19 of the Code of Iowa. Urban Renewal Area Indebtedness Not Previously Certified*: *There must be attached a supporting itemized listing of the dates that individual loans, advances, indebtedness, or bonds were initially approved by the governing body. (Complete and attach 'CITY TIF FORM 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File 'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File 'CITY TIF 'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: l _ Dated this �L day of d C �'D }�-t r 3 0 Z2:i jj:: � n- �rj -155 c -sops Signature of Authorize Official Telephone CITY TIF FORM 2 SPECIFIC DOLLAR REQUEST FOR AVAILABLE TIF INCREMENT TAX FOR NEXT FISCAL YEAR CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year Where Less Than The Legally Available TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Moss Green Urban Renewal Area Number: 52029 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the next fiscal year and for the Urban Renewal Area within the City and County named above, the City requests less than the maximum legally available TIF increment tax as detailed below. Provide sufficient detail so that the County Auditor will know how to specifically administer your request. For example you may have multiple indebtedness certifications in an Urban Renewal Area, and want the maximum tax for rebate agreement property that the County has segregated into separate taxing districts, but only want a portion of the available increment tax from the remainder of the taxing districts in the Area. Specific Instructions To County Auditor For Administering The Request That This Urban Renewal Area Generate Less Than The Maximum Available TIF Increment Tax: 2014A General Obligation Bonds Amount Requested: 69,865 Dated this day of" p kerma '?U g 3 3/q.--3sL -5 N's Signature of Authoodd icia Telephone CITY TIF FORM 3 TIF INDEBTEDNESS HAS BEEN REDUCED BY REASON OTHER THAN APPLICATION OF TIF INCREMENT TAX RECEIVED FROM THE COUNTY TREASURER CERTIFICATION TO COUNTY AUDITOR Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Moss Green Urban Renewal Area Number: 52029 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above, the City has reduced previously certified indebtedness, by reason other than application of TIF increment tax received from the County Treasurer, by the total amount as shown below. Provide sufficient detail so that the County Auditor will know how to specially administer your request. For example, you could have multiple indebtedness certifications in the Urban Renewal Area, and the County Auditor would need to know which particular indebtedness certifcation(s) to reduce. If rebate agreements are involved with a reduction, and the County has segregated the rebate property into separate TIF Increment taxing districts, provide the five -digit county increment taxing district numbers for reference. Individual TIF Indebtedness Type/Description/Details: 2014A General Obligation Bonds (interest revenue) Amount Reduced: qRr, Total Reduction In Indebtedness For This Urban Renewal Area: 985 Dated this J �G day of 6 &4-Z) �v , go 4z 14-- 'b/5'.�56 -Sbi5 Signa re of AuthorizepVciTelephone CITY TIF FORM 1 - INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403.19 TAX INCREMENT FINANCING (TIF) INDEBTEDNESS CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Riverside Drive Urban Renewal Area Number: 52031 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been previously certified, in the collective amount shown below, all of which qualify for repayment from the special fund referred to in paragraph 2 of Section 403.19 of the Code of Iowa. Urban Renewal Area Indebtedness Not Previously Certified": $ 0 "There must be attached a supporting itemized listing of the dates that individual loans, advances, indebtedness, or bonds were initially approved by the governing body. (Complete and attach 'CITY TIF FORM 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File 'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File 'CITY TIF 'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: 3 r� da 06-4-0 Yg a -C, 3 Dated this y of xl_� 4LIA -, 311-3 56 - 56 L. Signature of Authori d Official Telephone CITY TIF FORM 2 SPECIFIC DOLLAR REQUEST FOR AVAILABLE TIF INCREMENT TAX FOR NEXT FISCAL YEAR CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year Where Less Than The Legally Available TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa Ci Urban Renewal Area Name: Riverside Drive County: Johnson Urban Renewal Area Number: 52031 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the next fiscal year and for the Urban Renewal Area within the City and County named above, the City requests less than the maximum legally available TIF increment tax as detailed below. Provide sufficient detail so that the County Auditor will know how to specifically administer your request. For example you may have multiple indebtedness certifications in an Urban Renewal Area, and want the maximum tax for rebate agreement property that the County has segregated into separate taxing districts, but only want a portion of the available increment tax from the remainder of the taxing districts in the Area. Specific Instructions To County Auditor For Administering The Request That This Urban Renewal Area Generate Less Than The Maximum Available TIF Increment Tax: 2017A GO Bonds (Streetscape) - Gen. Obligation Bonds/Notes 2 Dated this ✓ day of �--le-c7�l-cT Amount Requested: 161,031 Signature of Authoriz d Official Telephone CITY TIF FORM 3 TIF INDEBTEDNESS HAS BEEN REDUCED BY REASON OTHER THAN APPLICATION OF TIF INCREMENT TAX RECEIVED FROM THE COUNTY TREASURER CERTIFICATION TO COUNTY AUDITOR Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Riverside Drive Urban Renewal Area Number: 52031 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above, the City has reduced previously certified indebtedness, by reason other than application of TIF increment tax received from the County Treasurer, by the total amount as shown below. Provide sufficient detail so that the County Auditor will know how to specially administer your request. For example, you could have multiple indebtedness certifications in the Urban Renewal Area, and the County Auditor would need to know which particular indebtedness certifcation(s) to reduce. If rebate agreements are involved with a reduction, and the County has segregated the rebate property into separate TIF Increment taxing districts, provide the five -digit county increment taxing district numbers for reference. Individual TIF Indebtedness Type/Description/Details: 2017A GO Bonds (5treetscape) - Gen. Obligation Bonds/Notes (interest revenue) Amount Reduced: 7,604 Total Reduction In Indebtedness For This Urban Renewal Area: 7,604 Dated this 3P1,day of LA_- fes` Signature of Authori ed Official Sts � 35�-So�.S Telephone CITY TIF FORM 1 -INDEBTEDNESS CERTIFICATION Cover Sheet CODE OF IOWA SECTION 403.19 TAX INCREMENT FINANCING (TIF) INDEBTEDNESS CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Towncrest Urban Renewal Area Number: 52030 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above the City has outstanding loans, advances, indebtedness, or bonds, none of which have been previously certified, in the collective amount shown below, all of which qualify for repayment from the special fund referred to in paragraph 2 of Section 403.19 of the Code of Iowa. Urban Renewal Area Indebtedness Not Previously Certified*: $ 0 *There must be attached a supporting itemized listing of the dates that individual loans, advances, indebtedness, or bonds were initially approved by the governing body. (Complete and attach 'CITY TIF FORM 1.1'.) The County Auditor shall provide the available TIF increment tax in subsequent fiscal years without further certification until the above -stated amount of indebtedness is paid to the City. However, for any fiscal year a City may elect to receive less than the available TIF increment tax by certifying the requested amount to the County Auditor on or before the preceding December 1. (File'CITY TIF FORM 2' with the County Auditor by the preceding December 1 for each of those fiscal years where all of the TIF increment tax is not requested.) A City reducing certified TIF indebtedness by any reason other than application of TIF increment tax received from the County Treasurer shall certify such reduced amounts to the County Auditor no later than December 1 of the year of occurrence. (File 'CITY TIF 'FORM T with the County Auditor when TIF indebtedness has been reduced by any reason other than application of TIF increment tax received from the County Treasurer.) Notes/Additional Information: Dated this 3 r� day of 0,,4 b Sig ature of Authorized Official ,,_96,)-3 3 11-3 S C - 5o -F-S Telephone CITY TIF FORM 2 SPECIFIC DOLLAR REQUEST FOR AVAILABLE TIF INCREMENT TAX FOR NEXT FISCAL YEAR CERTIFICATION TO COUNTY AUDITOR Due To County Auditor By December 1 Prior To The Fiscal Year Where Less Than The Legally Available TIF Increment Tax Is Requested Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Towncrest Urban Renewal Area Number: 52030 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the next fiscal year and for the Urban Renewal Area within the City and County named above, the City requests less than the maximum legally available TIF increment tax as detailed below. Provide sufficient detail so that the County Auditor will know how to specifically administer your request. For example you may have multiple indebtedness certifications in an Urban Renewal Area, and want the maximum tax for rebate agreement property that the County has segregated into separate taxing districts, but only want a portion of the available increment tax from the remainder of the taxing districts in the Area. Specific Instructions To County Auditor For Administering The Request That This Urban Renewal Area Generate Less Than The Maximum Available TIF Increment Tax: MDK Loan - Internal loan Amount Requested: 42,540 d j 7 Dated this day of (�GI0 Signature of Authorized Official Telephone CITY TIF FORM 3 TIF INDEBTEDNESS HAS BEEN REDUCED BY REASON OTHER THAN APPLICATION OF TIF INCREMENT TAX RECEIVED FROM THE COUNTY TREASURER CERTIFICATION TO COUNTY AUDITOR Use One Certification Per Urban Renewal Area City: Iowa City County: Johnson Urban Renewal Area Name: Towncrest Urban Renewal Area Number: 52030 (Use five -digit Area Number Assigned by the County Auditor) I hereby certify to the County Auditor that for the Urban Renewal Area within the City and County named above, the City has reduced previously certified indebtedness, by reason other than application of TIF increment tax received from the County Treasurer, by the total amount as shown below. Provide sufficient detail so that the County Auditor will know how to specially administer your request. For example, you could have multiple indebtedness certifications in the Urban Renewal Area, and the County Auditor would need to know which particular indebtedness certifcation(s) to reduce. If rebate agreements are involved with a reduction, and the County has segregated the rebate property into separate TIF Increment taxing districts, provide the five -digit county increment taxing district numbers for reference. Individual TIF Indebtedness Type/Description/Details: MDK Loan - Internal loan (interest revenue) Amount Reduced: 847 Total Reduction In Indebtedness For This Urban Renewal Area: 847 r� Dated this 2 J day of Signature of Author&6d Official d C40 { e,' a oa. 3 3/cf--3s&-5035 Telephone Item Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution approving the Fiscal Year Ending 2023 Annual Urban Renewal Report (AURR). Prepared By: Rachel Kilburg, Asst. City Manager Reviewed By: Nicole Davies, Finance Director Fiscal Impact: N/A Staff Recommendation: Approval Attachments: New Value Created by TIF Projects Resolution FY23 Annual Urban Renewal Area Report Executive Summary: Pursuant to Iowa Code Section 384.22, the City must file the AU RR for each of its 11 active urban renewal areas. This report must be approved by a majority of the City Council, and filed prior to the publication and adoption of the City budget. Filing this report is required before the Department of Management will certify the City's taxes back to the County Auditor. Background /Analysis: Tax Increment Financing (TIF) is one of the few tools that allow cities to financially support local economic development projects. Iowa City has established 14 Urban Renewal Areas (11 of which are active) enabling the use of TIF. Each Urban Renewal Plan specifies the goals and planned urban renewal projects. Since 2003, the City has been a financial partner in several TIF projects ranging from industrial businesses adding jobs and new products, to the redevelopment of blighted properties and high-rise mixed-use buildings. The attached chart, New Value Created by TIF projects, shows all of the TIF projects the City has assisted. The increase in taxable value (the increment) for Iowa City's TIF projects exceeds $253,000,000 and generates approximately nearly $9 million in property taxes every year (see New Value Created by TIF Projects file attached). New Taxable Value created by Iowa City's TIF projects: $253,222,855 District (Bold) District projects indented (not bold) Start date End Date Base Value of Project 2023 Assessed Valuation New Value Created in TIF projects Sycamore & First Avenue URA 2000 2020 Sycamore Mall/IC Marketplace #1 2004 2010 $4,662,900 Sycamore Mall/IC Marketplace #2 2018 2024 $13,515,660 $8,852,760 Plamor Redevelopment 2006 2011 $972,150 $3,146,800 $2,174,650 Scott Six Industrial Park 2001 2021 Owens Brockway 2005 2009 $30,010 $8,815,460 $8,785,450 City -University Project 1 2001 n/a* Hieronymous Square 2017 $1,364,880 $30,253,080 $28,888,200 Hilton Garden Inn 2015 $417,380 $17,556,230 $17,138,850 Park at 201 2012 $569,520 $12,580,180 $12,010,660 Plaza Towers 2004 2010 $0 $46,792,950 $46,792,950 SabinTownhomes 2015 $0 $8,194,720 $8,194,720 The Chauncey 2015 $0 $51,804,180 $51,804,180 Vito's building rehab 2011 $813,350 $2,680,670 $1,867,320 Northgate Corporate Park 2002 2022 Seabury & Smih 2005 2011 $264,520 $ 9,623,870 $9,359,350 Heinz Road 2002 2022 Alpla of Iowa (agreement # 1) 2003 2010 $3,594,340 Alpla of Iowa (agreement#2) 2007 2014 $16,559,910 $12,965,570 United Natural Foods Inc. 2003 2011 $4,653,740 $11,749,190 $7,095,450 Hwy 6 Commercial URA 2003 2023 Southgate Development(Pepperwood) 2003 2013 $8,677,520 $12,904,685 $4,227,165 Townc rest URA 2010 n/a* MDK Medical ORice Building 2012 $885,880 $3,412,310 $2,526,430 Riverside Drive 2013 2025 Riverside West 2015 2027 $1,326,840 $18,340,290 $17,013,450 Foster Road FosfBr Road project $2,111,720 $15,637,420 $13,525,700 $30,344,750 $283,567,6051 $253,222,855 Prepared by: Rachel Kilburg, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 Resolution No. 23-266 Resolution approving the Fiscal Year Ending 2023 Annual Urban Renewal Report. Whereas, in an effort to provide greater public access to information about urban renewal activities, including the use of tax increment financing, the Iowa Legislature enacted changes in Iowa Code Sections 384.22 to require, among other things, the filing of an annual report detailing the City's urban renewal activities; and Whereas, the City of Iowa City had eleven (11) Urban Renewal Areas in effect during the most recently ended fiscal year; and Whereas, City staff has prepared an urban renewal report in compliance with state law and has placed said plan on file in the office of the Finance Director, City Hall, Iowa City, Iowa; and Whereas, the report must be approved by City Council before its submission to the Iowa Department of Management on or before December 1, 2023. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: 1. The Fiscal Year Ending 2023 Annual Urban Renewal Area Report, attached hereto, is hereby approved. 2. The Finance Director is hereby directed to submit it to the Iowa Department of Management by December 1, 2023 on forms and pursuant to instructions prescribed by the Department. Passed and approved this3rd day of October , 2023. M Attest: n , City Clerk / Approved: G City Att ey — 09/25/2023 Resolution No. 23-266 Page 2 It was moved by Taylor and seconded by Alter that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: g Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas Levy Authority Summary Local Government Name: IOWA CITY Local Government Number: 52G483 # of Tif Active Urban Renewal Areas U.R. # Taxing Districts IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL 52020 2 IOWA CITY SCOTT SIX URBAN RENEWAL 52021 2 IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL 52023 4 IOWA CITY CITY UNIV PROJ I URBAN RENEWAL 52024 13 IOWA CITY HEINZ ROAD URBAN RENEWAL 52027 2 IOWA CITY HIGHWAY SIX URBAN RENEWAL 52028 3 IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL 52029 2 IOWA CITY TOWNCREST URBAN RENEWAL 52030 1 IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL 52031 2 IOWA CITY FOSTER ROAD URBAN RENEWAL AREA 52034 1 IOWA CITY FOREST VIEW URBAN RENEWAL 52920 0 TIF Debt Outstanding: 42,600,457 ....................................................................................................................................................................................................... TIF Sp. Rev.. . Fund Cash Balance Amount of 07-01-2022 Cash Balance as of 07-01-2022: 864,668 123,055 Restricted for LMI TIF Revenue: 4,060,783 TIF Sp. Revenue Fund Interest: 65,498 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 80,602 Total Revenue: 4,206,883 Rebate Expenditures: 1,980,692 Non -Rebate Expenditures: 1,944,431 Returned to County Treasurer: 959,892 Total Expenditures: 4,885,015 M Sp. Rev. Fund Cash Balance Amount of 06-30-2023 Cash Balance as of 06-30-2023: 186,536 247,678 Restricted for LMI ............................................................................................................................................................................................................ Year -End Outstanding TIF Obligations, Net of TIF Special Revenue Fund Balance: 38,488,798 ----LL---- --�«-� - -�- annual Urian Renewal Report, Fiscal Year 2022 X023 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL UR Area Number: 52020 UR Area Creation Date: UR Area Purpose: 08/2000 To formulate and execute a workable program using public and private resources to develop the Urban Renewal Project area for retail, office, and other commercial uses. Base Increment Increment Tax Districts within this Urban Renewal Area No. No. value Used IOWA CITY/IOWA CITY SCH/SYCAMORE MALL & FIRST AVE U.R. TIF INCREMENT 520195 520196 0 IOWA CITY/IOWA CITY SCH/SYCAMORE & IST AVE UR 2003 AMEND INCR 520239 520240 0 Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 3,640,850 37,307,092 9,260,670 0 0 53,015,219 0 53,015,219 Taxable 0 1,970,801 33,576,383 8,334,603 0 0 45,671,000 0 45,671,000 Homestead Credits 8 TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2022 Cash Balance as of 07-01-2022: 959,892 0 Restricted for LNII TIF Revenue: 0 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 0 Rebate Expenditures: 0 Non -Rebate Expenditures: 0 Returned to County Treasurer: 959,892 Total Expenditures: 959,892 TIF Sp. Rev. Fund Cash Balance Amount of 06-30-2023 Cash Balance as of 06-30-2023: 0 0 Restricted for LMI 4 Annual Urban -Renewal Report, Fiscal Year: 2022'= 2023 Projects For IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL Lower Muscatine Road Reconstruction Description: Improve roads around Kirkwood Comm College & Mall Classification: Roads, Bridges & Utilities Physically Complete: Yes Payments Complete: Yes Iowa City Marketplace Description: Economic develpment agreement Classification: Commercial -retail Physically Complete: Yes Payments Complete: Yes Administrative Expenses Description: Classification: Physically Complete: Payments Complete: Energy Efficiency Grants Description: Classification: Physically Complete: Payments Complete: Administrative Expenses Administrative expenses No No Energy Efficiency Grants Industrial/manufacturing property No No 4 Annual Urban Renewal Report, Fiscal Year 2022 - 2023 Debts/Obligations For IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL FY20 Administrative Expenses Debt/Obligation Type: Internal Loans Principal: 149 Interest: 0 Total: 149 Annual Appropriation?: No Date Incurred: 11/02/2020 FY of Last Payment: 2022 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL (52020) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/SYCAMORE MALL & FIRST AVE U.R. TIF INCREMENT Slum TIF Taxing District Inc. Number: 520196 TIF Taxing District Base Year: 2000 FY TIF Revenue First Received: 2004 Subject to a Statutory end date? Yes Fiscal year this TIF Taxing District 2004 S UR Designation Slum No statutorily ends: 2022 TIF Taxing District Value by Class - 1/1/2021 Agr6lt "' Residential 0 39,660,120 Assessed 0 0 Taxable 0 0 Homestead Credits From Base Value Fiscal Year 2023 22,927,940 FY 2023 TIF Revenue Received Max Increment Value Increment Used Increment Not UMP Increment Revenue Not Used 16,732,180 0 16,732,180 503,309 TIF Taxing District Data Collection Local Government Name: Slum No IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL (52020) Blighted No TIF Taxing District Inc. Number: Economic Development 08/2()00 for FY 2023 FY TIF Revenue First Received: 2004 S UR Designation Slum No Commercial Industrial Other Military Total Gas/Eleity„ " Total 36,853,513 0 0 0 39,660,120 0 39,660,120 33,168,162 0 0 0 34,957,375 0 34,957,375 Max Increment Value Increment Used Increment Not UMP Increment Revenue Not Used 16,732,180 0 16,732,180 503,309 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SYCAMORE MALL & FIRST AVENUE URBAN RENEWAL (52020) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/SYCAMORE & 1 ST AVE UR 2003 AMEND INCR TIF Taxing District Inc. Number: 520240 TIF Taxing District Base Year: 2002 FY TIF Revenue First Received: 2004 S UR Designation Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 08,'2(xx) statutorily ends: 2022 TIF Taxing District Value by Class - 1/ 1 /2021 for FY 202_ Agricultural Residential Commercial Assessed 0 3,640,850 453,579 Taxable 0 1,970,801 408,221 Homestead Credits Frozen Base Value Max Increment Value Fiscal Year 2023 9,496,280 3,858,819 FY 2023 TIF Revenue Received: 0 0 Industrial Other Military Total Gas/Electric Utility Total 9,260,670 0 0 13,355,099 0 13,355,099 8,334,603 0 0 10,713,625 0 10,713,625 8 Increment Used Increment Not Used Increment Revenue Not Used 0 3,858,819 116,074 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SCOTT SIX URBAN RENEWAL UR Area Number: 52021 UR Area Creation Date: UR Area Purpose: 07/1997 To grow tax base; encourage development of start up firms, expansion of existing and attraction of new industries, especially in the are of renewable energy. Enhance number of sites available for industrial development. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/SCOTT SIX UR TIF INCREMENT IOWA CITY AG/IOWA CITY SCH/SCOTT SIX UR TIF INCREMENT Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Assessed 17,900 0 53,250,580 1,748,340 0 Taxable 15,939 0 47,925,522 1,573,506 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2022: -27,414 TIF Revenue: 26,924 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 26,924 Rebate Expenditures: 0 Non -Rebate Expenditures: 266 Returned to County Treasurer: 0 Total Expenditures: 266 Base Increment Increment No. No. Value Used 520208 520209 921,607 520210 520211 0 Military Total Gas/Electric Utility Total 0 55,016,820 0 55,016,820 0 49,514,967 0 49,514,967 0 Amount of 07-01-2022 Cash Balance 0 Restricted for LMI TIF Sp. ftev. Fund Cash Balance Amount of 06-30-2023 Cash Balance as of 06-30-2023: -756 0 Restricted for LMI I Year 2022 - 2023 Projects For IOWA CITY SCOTT SIX URBAN RENEWAL Administrative Expenses Description: Classification: Physically Complete: Payments Complete: Energy Efficiency Grants Description: Classification: Physically Complete Payments Complete: Administrative expenses Administrative expenses No No Energy Efficiency Grants Industrial/manufacturing property No No ♦ Annual Urban Renewal Report, Fiscal Year 2022.2023 Debts/Obligations For IOWA CITY SCOTT SIX URBAN RENEWAL FY20 Administrative Expenses Debt/Obligation Type: Internal Loans Principal: 40 Interest: 0 Total: 40 Annual Appropriation?: No Date Incurred: 11/02/2020 FY of Last Payment: 2024 FY21 Administrative Expenses Debt/Obligation Type: Internal Loans Principal: 226 Interest: 0 Total: 226 Annual Appropriation?: No Date Incurred: 11/16/2021 FY of Last Payment: 2025 ♦ Annual Urban Renewal Report, Fiscal Year 2022 - 2023 Non -Rebates For IOWA CITY SCOTT SIX URBAN RENEWAL TIF Expenditure Amount: Tied To Debt: Tied To Project: TIF Expenditure Amount: Tied To Debt: Tied To Project: 40 FY20 Administrative Expenses Administrative Expenses 226 FY21 Administrative Expenses Energy Efficiency Grants The original 1997 Scott Six Urban Renewal Area was amended for the first time in July 2011. A TIF ordinance for the amended area has not yet been adopted. 256 Characters Left Sum of Private Investment Made Within This Urban Renewal Area during FY 2023 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (5213483) Urban Renewal Area: IOWA CITY SCOTT SIX URBAN RENEWAL (52021) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/SCOTT SIX UR TIF INCREMENT TIF Taxing District Inc. Number: 520209 TIF Taxing District Base Year: 2001 FY TIF Revenue First Received: 2005 Sl No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 07/1997 statutorily ends: 2023 TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 53,250,580 1,748,340 0 0 54,998,920 0 54,998,920 Taxable 0 0 47,925,522 1,573,506 0 0 49,499,028 0 49,499,028 Homestead Credits 0 Fiscal Year 2023 Frozen Base Value 2,323,386 FY 2023 TIF Revenue Received: Max Increment Value Increment Used Increment Not Used 49,499,028 921,607 48,577,421 26,924 TIF Taxing District Data Collection Increment Revenue Not Used 1,461,224 Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY SCOTT SIX URBAN RENEWAL (52021) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/SCOTT SIX UR TIF INCREMENT TIF Taxing District Inc. Number: 520211 TIF Taxing District Base Year: 2001 FY TIF Revenue First Received: 2005 Subject to a Statutory end date? Yes Slum No Blighted No Fiscal year this TIF Taxing District Economic Development 07/1997 statutorily ends: 2023 TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/ElectricUtility Total Assessed 17,900 0 0 0 0 0 17,900 0 17,900 Taxable 15,939 0 0 0 0 0 15,939 0[ 15,939 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 18,630 0 0 0 0 FY 2023 TIF Revenue Received: 0 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL UR Area Number: 52023 UR Area Creation Date: UR Area Purpose: 04/1999 To facilitate an urban renewal program using private and public resources to develop the area for office, research, production and/or assembly uses. To increase tax base; attract new and expansion of existing firms in area; provide new development sites. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/NORTHGATE CORP PARK UR INCR IOWA CITY AG/IOWA CITY SCH/NORTHGATE UR TIF INCR IOWA CITY/IOWA CITY SCH/NORTHGATE CORP PK 2005 AMEND INCR IOWA CITY AG/IOWA CITY SCH/NORTHGATE CORP PK 2005 AMEND INCR Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Ri11ogtial Commercial industrial Other Assessed 62,070 135,360 43,474,950 0 0 Taxable 55,269 73,271 39,127,455 0 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2022: 0 TIF Revenue: 0 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 0 Rebate Expenditures: 0 Non -Rebate Expenditures: 0 Returned to County Treasurer: 0 Total Expenditures: 0 Base Increment Increment No. No. Value Used 520230 520231 0 520325 520326 0 520345 520346 0 520347 520348 0 N!'I�'"q . Total Gas/Electric Utility Total 0 43,672,380 0 43,672,380 0 39,255,995 0 39,255,995 0 Amount of 07-01-2022 Cash Balance 0 Restricted for LNU IF Sp. Rev. Fund Cash Balance Amount of 06-30-2023 Cash Balance is of 06-30-2023: 0 0 Restricted for LMI Year 2022 - 2023 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL (52023) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/NORTHGATE CORP PARK UR INCR TIF Taxing District Inc. Number: 520231 TIF Taxing District Base Year: 2002 FY TIF Revenue First Received: 2005 UR Designation Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 04,' 1999 statutorily ends: 2023 TIF Taxing District Value by Class - 1/1/2021 for FY 2023 FY 2023 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL (52023) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/NORTHGATE UR TIF INCR TIF Taxing District Inc. Number: 520326 TIF Taxing District Base Year: 2002 FY TIF Revenue First Received: 2005 UR Designation Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 0411999 statutorily ends: 2023 TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/ElectricUtility Total Assessed 0 0 0 0 0 0 0 0 0 Taxable 0 0 0 0 0 0 0 0 0 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 14,807 0 0 0 0 FY 2023 TIF Revenue Received: 0 Agricultural Residential Commercial Industrial Other Military Total Ga"Jectric Utility Total Assessed 0 0 43,474,950 0 0 0 43,474,950 0 43,474,950 Taxable 0 0 39,127,455 (J 0 0 39,127,455 0 39,127,455 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Yew 2023 6,728,364 36,746,586 0 36,746,586 1,105,349 FY 2023 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL (52023) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/NORTHGATE UR TIF INCR TIF Taxing District Inc. Number: 520326 TIF Taxing District Base Year: 2002 FY TIF Revenue First Received: 2005 UR Designation Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 0411999 statutorily ends: 2023 TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/ElectricUtility Total Assessed 0 0 0 0 0 0 0 0 0 Taxable 0 0 0 0 0 0 0 0 0 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 14,807 0 0 0 0 FY 2023 TIF Revenue Received: 0 ♦ Annual Urbaq&pewal Rt;trt, Fiscal Year 202 3 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL (52023) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/NORTHGATE CORP PK 2005 AMEND INCR TIF Taxing District Inc. Number: 520346 TIF Taxing District Base Year: 2004 UR Designation Slum No FY TIF Revenue First Received: Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 135,360 0 0 0 0 135,360 0 135,360 Taxable 0 73,271 0 0 0 0 73,271 0 73,271 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 180,959 0 0 0 0 FY 2023 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY NORTHGATE CORP PARK URBAN RENEWAL (52023) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/NORTHGATE CORP PK 2005 AMEND INCR TIF Taxing District Inc. Number: 520348 TIF Taxing District Base Year: 2004 UR negowdion FY TIF Revenue First Received: Slum NoBlighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total GR3/Electric Utility Total Assessed 62,070 0 0 0 0 0 62,070 0 62,070 Taxable 55,269 0 0 0 0 0 55,269 0 55,269 Homestead Credits M 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 63,129 0 0 0 0 FY 2023 TIF Revenue Received: 0 f Annual Urban Renewal Report, Fiscal Year 2W - 2023 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL UR Area Number: 52024 UR Area Creation Date UR Area Purpose: 10/1969 Create a more livable, walkable community, remediate blight, establish attractive design standards for new and rehabilitated buildings, increase office and residential space by promoting mixed use building, and develop multi -modal transportation network. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/CITY UNIV PROJ I UR AREA INCR IOWA CITY/IOWA CITY SCH/CITY UNIV UR INCR- IC DOWNTOWN SSMID IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMEND INCR IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD-SSMID INCR IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD 10 INCR IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD 10-SSMID INCR IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF 2017 AMEND-SSMID INCREMENT IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF AMEND 10 -A&M DEVELOPMENT INCREMENT IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF-SSMID- IOWA CITY HOTEL ASSOC INCREMENT IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF 2017 AMEND-SSMID- AUGUISTA PLACE INCREMENT IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF-SSMID- HIERONYMOUS SQUARE INCREMENT IOWA CITY/IOWA CITY SCH/CITY UNIV TIF -2017 AMD -RES -AUGUSTA PL INCREMENT IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF HIERONYMOUS SQUARE -RESIDENTIAL INCREMENT Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Assessed 0 383,261,000 342,034,480 0 0 Taxable 0 207,459,863 307,831,038 0 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2022: 143,457 TIF Revenue: 3,056,826 TIF Sp. Revenue Fund Interest: 48,693 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 80,602 Total Revenue: 3,186,121 Rebate Expenditures: 1,590,298 Non -Rebate Expenditures: 1,592,586 Returned to County Treasurer: 0 Total Expenditures: 3,182,884 Base Increment Increment No. No. Value Used 520234 520235 6,804,009 520352 520353 7,236,896 520354 520355 5,071,090 520356 520357 5,054,706 520366 520367 24,723,753 520382 520383 1,697,540 520425 520426 0 520427 520428 3,576,429 520429 520430 13,746,474 520431 520432 733,023 520433 520434 9,642,960 520437 520438 13,452,937 520448 520449 7,675,543 Military Total Gas/Electric Utility Total -16,668 870,032,270 0 870,032,270 -16,668 607,554,570 0 607,554,570 50 Amount of 07-01-2022 Cash Balance 0 Restricted for LNU TIF Sp. Rev. Fund Cash BalanceAmount of 06-30-2023 Cash Balance as of 06-30-2023: 146,694 0 Restricted for LNII `Annual= Jrbari Renewal 'Re ort, Fiscal Year -2 - 2023 . Projects For IOWA CITY CITY UNIV PROJ I URBAN RENEWAL Hieronymous Square Description: Hieronymous Square; future development Classification: Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: Yes Payments Complete: No The Chauncey High rise hotel on Clinton St. Description: Infill project at SE comer of College & Gilberts Streets Physically Complete: Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: Yes Payments Complete: No Riverside/Hwy 6 Redevelopment of Old Public Works site; future Description: development Classification: Commercial - retail Physically Complete: No Payments Complete: No CBD streetscape renovation Description: improvements to downtown business district Recreational facilities (lake development, parks, ball fields, Classification: trails) Physically Complete: No Payments Complete: No Central Business District Projects Description: Improvements to central business district Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: No Payments Complete: No Harrison Street Condos Condo project lining new parking includes 3 units Description: affordable Classification: Residential property (classified residential) Physically Complete: Yes Payments Complete: No Hilton Garden Inn Description: High rise hotel on Clinton St. Classification: Commercial - hotels and conference centers Physically Complete: Yes Payments Complete: No Administration Expense Description: Classification: Physically Complete: Payments Complete: Augusta Place Administration Expense Administrative expenses No No Description: Private Redevelopment of portion of City Hall block Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: Yes Payments Complete: No Energy Efficiency Grants Description: Energy Efficiency Grants Classification: Industrial/manufacturing property Physically Complete: No Payments Complete: No Tailwinds Description: Redevelopment of the 100 block of E. College Street Mixed use property (ie: a significant portion is residential Classification: and significant portion is commercial) Physically Complete: Yes Payments Complete: No f Annual Urban Renewal Reyort, Fiscal Year 2022 2023 Debts/Obligations For IOWA CITY CITY UNIV PROJ I URBAN RENEWAL 2013A GO Bonds (CBD) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: 2014A GO Bonds (CBD) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation? Date Incurred: FY of Last Payment: 2015A GO Bonds (CBD) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation? Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 39,723 3,244 42,967 No 06/18/2013 2023 Gen. Obligation Bonds/Notes 209,175 16,865 226,040 No 05/06/2014 2024 Gen. Obligation Bonds/Notes 115,002 4,738 119,740 No 05/05/2015 2025 2015A GO Bonds (Riverfront Crossing) Debt/Obligation Type: Gen. Obligation Bonds/Notes Principal: 65,716 Interest: 2,708 Total: 68,424 Annual Appropriation?: No Date Incurred: 05/05/2015 FY of Last Payment: 2025 Iowa City Hotel Associates Debt/Obligation Type: Rebates Principal: 6,423,017 Interest: 0 Total: 6,423,017 Annual Appropriation?: No Date Incurred: 03/23/2015 FY of Last Payment: 2040 A&M Development II, LLC 'Debt/Obligation Type: Rebates Principal: 651,717 Interest: 0 Total: 651,717 Annual Appropriation?: No Date Incurred: 01/20/2015 FY of Last Payment: 2032 2016E TIF Revenue Notes No Debt/Obligation Type: TIF Revenue Bonds/Notes Principal: 11,840,000 Interest: 2,606,700 Total: 14,446,700 Annual Appropriation?: No Date Incurred: 08/16/2016 FY of Last Payment: 2036 Augusta Place, LLC Debt/Obligation Type: Rebates Principal: 3,351,735 Interest: 0 Total: 3,351,735 Annual Appropriation?: No Date Incurred: 05/20/2017 FY of Last Payment: 2029 Hieronymi Partnership, LLC Debt/Obligation Type: Rebates Principal: 6,873,327 Interest: 0 Total: 6,873,327 Annual Appropriation?: No Date Incurred: 09/19/2017 FY of Last Payment: 2036 FY16 Administrative Costs Debt/Obligation Type: Internal Loans Principal: 5,079 Interest: 0 Total: 5,079 Annual Appropriation?: No Date Incurred: 11/01/2016 FY of Last Payment: 2022 FY20 Administrative Costs Debt/Obligation Type: Internal Loans Principal: 2,438 Interest: 0 Total: 2,438 Annual Appropriation?: No Date Incurred: 11/02/2020 FY of Last Payment: 2022 FY21 Administrative Costs Debt/Obligation Type: Internal Loans Principal: 25,157 Interest: 0 Total: 25,157 Annual Appropriation?: No Date Incurred: 11/16/2021 FY of Last Payment: 2025 FY22 Administrative Costs Debt/Obligation Type: Internal Loans Principal: 897 Interest: 0 Total: 897 Annual Appropriation?: No Date Incurred: 10/18/2022 FY of Last Payment: 2025 Lasansky EE Grants Debt/Obligation Type: Other Debt Principal: 26,750 Interest: 0 Total: 26,750 Annual Appropriation?: No Date Incurred: - 05/03/2022 FY of Last Payment: 2025 ` 4 Annual Urban Renewal Report, Fiscal Year 2022 = 2023 Non -Rebates For IOWA CITY CITY UNIV PROJ I URBAN RENEWAL TIF Expenditure Amount: 112,741 Tied To Debt: 2014A GO Bonds (CBD) Tied To Project: CBD streetscape renovation TIF Expenditure Amount: 42,967 Tied To Debt: 2013A GO Bonds (CBD) Tied To Project: CBD streetscape renovation TIF Expenditure Amount: 39,616 Tied To Debt: 2015A GO Bonds (CBD) Tied To Project: CBD streetscape renovation TIF Expenditure Amount: 22,638 Tied To Debt: 2015A GO Bonds (Riverfront Crossing) Tied To Project: Riverside/Hwy 6 TIF Expenditure Amount: 1,315,200 Tied To Debt: 2016E TIF Revenue Notes Tied To Project: Administration Expense TIF Expenditure Amount: 2,438 Tied To Debt: FY20 Administrative Costs Tied To Project: Administration Expense TIF Expenditure Amount: 5,079 Tied To Debt: FY 16 Administrative Costs Tied To Project: Administration Expense. TIF Expenditure Amount: 25,157 Tied To Debt: FY21 Administrative Costs Tied To Project: Administration Expense TIF Expenditure Amount: 26,750 Tied To Debt: Lasansky EE Grants Tied To Project: Energy Efficiency Grants 4 Annual Urban Renewal Report, Fiscal Year,2022 =:2423 Rebates For IOWA CITY CITY UNIV PROJ I URBAN RENEWAL 328 S. Clinton Street, Iowa City TIF Expenditure Amount: 519,209 Rebate Paid To: Iowa City Hotel Associates Tied To Debt: Iowa City Hotel Associates Tied To Project: Hilton Garden Inn Projected Final FY of Rebate: 2040 509-591 S. Dubuque St., Iowa City TIF Expenditure Amount: Rebate Paid To: Tied To Debt: Tied To Project: Projected Final FY of Rebate 314 S. Clinton St, Iowa City TIF Expenditure Amount: Rebate Paid To: Tied To Debt: Tied To Project: Projected Final FY of Rebate: 215 N. Linn St, Iowa City TIF Expenditure Amount: Rebate Paid To: Tied To Debt: Tied To Project: Projected Final FY of Rebate 107,451 A&M Development II A&M Development II, LLC Harrison Street Condos 2032 537,849 Hieronymous Project Hieronymi Partnership, LLC Hieronymous Square 2036 425,789 Augusta Place, LLC Augusta Place, LLC Augusta Place 2029 Urban Renewal Report, Fiscal Year 2022 - 2023 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV PROJ I UR AREA INCR TIF Taxing District Inc. Number: 520235 TIF Taxing District Base Year: 2002 UR Designation Slum No FY TIF Revenue First Received: 2005 Blighted 10/1969 Subject to a Statutory end date? No Economic Development 11/2001 TIF Taxing District Value by Class - l/l/2021 for FY 2023 FY 2023 TIF Revenue Received: 183,187 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV UR INCR- IC DOWNTOWN SSMID TIF Taxing District Inc. Number: 520353 TIF Taxing District Base Year: 2002 Slum No FY TIF Revenue First Received: 2014 Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - l/l/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 83,643,620 7,679,710 0 0 -5,556 112,955,384 0 112,955,384 Taxable 0 45,276,507 6,911,739 0 0 -5,556 65,976,667 0 65,976,667 Homestead Credits 0 21 Frozen Base Value Max Increment Value Increment Used Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 15,265,935 65,976,667 6,804,009 59,172,658 1,779,932 FY 2023 TIF Revenue Received: 183,187 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV UR INCR- IC DOWNTOWN SSMID TIF Taxing District Inc. Number: 520353 TIF Taxing District Base Year: 2002 Slum No FY TIF Revenue First Received: 2014 Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - l/l/2021 for FY 2023 W, Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 116,152,855 0 0 0 124,185,591 0 124,185,591 Taxable 0 0 104,537,569 0 0 0 109,658,438 0 109,658,438 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 54,011,518 70,174,073 7,236,896 62,937,177 2,019,044 FY 2023 TIF Revenue Received: 296,950 4 Annual Urban Renewal Report, Fiscal Year 2022 - 2023 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMEND INCR TIF Taxing District Inc. Number: 520355 TIF Taxing District Base Year: 2002 �� UR Designation Slum No FY TIF Revenue First Received: 2014 Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Mlfltary Totai Gas/Electric Utility Total Assessed 0 68,984,000 12,260,059 0 0 -1,852 82,496,218 0 ` 82,496,218 Taxable 0 37,341,156 11,034,053 0 0 -1,852 49,172,790 0 49,172,790 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used 5 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 13,678,036 49,172,790 5,071,090 44,101,700 1,326,593 FY 2023 TIF Revenue Received: 136,531 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD-SSMID INCR TIF Taxing District Inc. Number: 520357 TIF Taxing District Base Year: 2002 ITR Designation FY TIF Revenue First Received: 2014 slum No Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/ 1 /2021 for FY 2023 FY 2023 TIF Revenue Received: 215,863 Agricultural Residential Commercial Industrial (nher ;Military Total Gas/Electric Utility Total Assessed 0 0 70,992,618 0 0 0 92,720,996 0 92,720,996 Taxable 0 0 63,893,359 0 0 0 77,745,199 0 77,745,199 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 43,707,044 49,013,952 5,054,706 43,959,246 1,410,226 FY 2023 TIF Revenue Received: 215,863 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD 10 INCR TIF Taxing District Inc. Number: 520367 TIF Taxing District Base Year: 2011 UR Designation FY TIF Revenue First Received: 2014 Slum NoBlighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 FY 2023 TIF Revenue Received: 666,399 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD 10-SSMID INCR TIF Taxing District Inc. Number: 520383 TIF Taxing District Base Year: Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 184,990,030 91,615,278 0 0 -7,408 366,216,443 0 366,216,443 Taxable 0 100,135,439 82,453,754 0 0 -7,408 239,713,613 0 239,713,613 Homestead Credits TIF Taxing District Value by Class - 1/] /2021 for FY 2023 23 M Agricultural Residential Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 115,247,160 239,713,613 24,723,753 214,989,860 6,466,961 FY 2023 TIF Revenue Received: 666,399 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV TIF AMD 10-SSMID INCR TIF Taxing District Inc. Number: 520383 TIF Taxing District Base Year: 2011 UR Designation FY TIF Revenue First Received: 0 Slum No Subject to a Statutory end date? No Blighted No Economic Development No TIF Taxing District Value by Class - 1/] /2021 for FY 2023 M Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 16,531,230 0 0 0 19,013,410 ,013,410 0Ll Taxable 0 0 14,878,107 0 0 0 16,460,497 0,460,497 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 1,619,510 16,460,497 1,697,540 14,762,957 473,600 FY 2023 TIF Revenue Received: 45,703 f Annual Urban Renewal Report, Fiscal Year 2022 - 2023 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF 2017 AMEND-SSMID INCREMENT TIF Taxing District Inc. Number: 520426 TIF Taxing District Base Year: 2016 Sl , No FY TIF Revenue First Received: Sl Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxine District Value by Class - 1/1/2021 for FY 2023 Residential Commercial Industrial Other Military Total Gas/Electric Utilitygtoadr Assessed 0 0 0 0 0 0 0 by 0 Taxable 0 0 0 0 0 0 0 0 0 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 576,570 0 0 0 0 FY 2023 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF AMEND 10 -A&M DEVELOPMENT INCREMENT 0 0 TIF Taxing District Inc. Number: 520428 TIF Taxing District Base Year: 2011 UR Designation Slum No FY TIF Revenue First Received: 2020 Blighted No Subject to a Statutory end date? I tY No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 FY 2023 TIF Revenue Received: 107,451 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 6,610,520 0 0 0 -1,852 6,608,668 0 6,608,668 Taxable 0 3,578,281 0 0 0 -1,852 3,576,429 0 3,576,429 Homestead Credits 1 ®; Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 204,810 3,576,429 3,576,429 0 0 FY 2023 TIF Revenue Received: 107,451 ual Urban Renewal Report, Fiscal Year 2022 - 2023 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF-SSMID- IOWA CITY HOTEL ASSOC INCREMENT TIF Taxing District Inc. Number: 520430 TIF Taxing District Base Year: 2002 uR sedg ltlonSlum No FY TIF Revenue First Received: 2020 Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/ElectricUtility Total Assessed 0 0 15,273,860 0 0 0 15,273,860 0 15,273,860 Taxable 0 0 13,746,474 0 0 0 13,746,474 0 13,746,474 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 553,482 13,746,474 13,746,474 0 0 FY 2023 TIF Revenue Received: 440,031 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF 2017 AMEND-SSMID- AUGUISTA PLACE INCREMENT TIF Taxing District Inc. Number: 520432 TIF Taxing District Base Year: 2016 '' UR ne FY TIF Revenue First Received: 0 Sl No Blig ghted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - l/1 /2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/ElectrkUtility Total Assessed 0 0 814,470 0 0 0 814,470 0 814,470 Taxable 0 0 733,023 0 0 0 733,023 0 pi33,023 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 0 733,023 733,023 0 0 FY 2023 TIF Revenue Received: 21,208 4 Annual Urban Renewal Report, Fiscal Year 2022 - 2023 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF-SSMID- HIERONYMOUS SQUARE INCREMENT TIF Taxing District Inc. Number: 520434 TIF Taxing District Base Year: 2002 UR Designation FY TIF Revenue First Received: 0 Slum No Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 10,714,400 0 0 0 10,714,400 0 10,714,400 Taxable 0 0 9,642,960 0 0 0 9,642,960 0 9,642,960 Homestead Credits Homestead Credits 0 Frozesss�ase Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 648,745 9,642,960 9,642,960 0 0 FY 2023 TIF Revenue Received: 307,965 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV TIF -2017 AMD -RES -AUGUSTA PL INCREMENT TIF Taxing District Inc. Number: 520438 TIF Taxing District Base Year: 2016 UR Designation FY TIF Revenue First Received: 0 Slum No Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 W Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 24,853,050 0 0 0 0 24,853,050 0 24,853,050 Taxable 0 13,452,937 0 0 0 0 13,452,937 0 13,452,937 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 0 13,452,937 13,452,937 0 0 FY 2023 TIF Revenue Received: 404,656 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY CITY UNIV PROJ I URBAN RENEWAL (52024) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/CITY UNIV UR TIF HIERONYMOUS SQUARE - RESIDENTIAL INCREMENT TIF Taxing District Inc. Number: 520449 TIF Taxing District Base Year: 2002 UR Designation FY TIF Revenue First Received: 2022 Slum No Blighted No Subject to a Statutory end date? NO Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 - -- 6 , . . ral Residential Commerc�sl� "-Indoatrial Other Military Total Gas/F.lectcic Utility Total Assessed 0 14,179,780 0 0 0 0 14,179,780 0 14,179,780 Taxable 0 7,675,543 0 0 0 0 7,675,543 0 7,675,543 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 242,322 7,675,543 7,675,543 0 0 FY 2023 TIF Revenue Received: 230,882 I Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HEINZ ROAD URBAN RENEWAL UR Area Number: 52027 UR Area Creation Date: UR Area Purpose: 05/2001 To formulate a workable program using public and private resources to further develop the area for industrial development. To build tax base; attract new funis and assist existing firms with expansion; make site improvements deemed necessary for industry. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/HEINZ RD UR TIF INCR IOWA CITY AG/IOWA CITY SCH/HEINZ RD UR TIF INCR Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 _ Agricultural Residential CommercigIndustrial Assessed 0 0 48,761,400 19,338,080 Taxable 0 0 43,885,260 17,404,272 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2022: -389,382 TIF Revenue: 209,169 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 209,169 Rebate Expenditures: 0 Non -Rebate Expenditures: 71,253 Returned to County Treasurer: 0 Total Expenditures: 71,253 Base Increment Increment No. No. Value Used 520249 520250 6,968,652 520251 520252 0 Other Military Total GasMectric Utility Total 0 0 68,099,480 0 68,099,480 0 0 61,289,532 0 61,289,532 0 Amount of 07-01-2022 Cash Balance 0 Restricted for LMI TIF Sp. Rev. Fund Cash Balance Amount of 06-30-2023 Cash Balance as of 06-30-2023: -251,466 0 Restricted for LMI ♦ Annual Urban Renewal Report, Fiscal Year 2022 - 2023 Projects For IOWA CITY HEINZ ROAD URBAN RENEWAL Energy Efficiency Grant Description: Classification: Physically Complete: Payments Complete: Administrative Expenses Description: Classification: Physically Complete Payments Complete: Energy Efficiency Grant Industrial/manufacturing property No No Administrative Expenses Administrative expenses No No ♦ Annual Urban Renewal Report, Fiscal, Year 2022 - 2023 Debts/Obligations For IOWA CITY HEINZ ROAD URBAN RENEWAL Iowa City Storage Energy Efficiency Grant Debt/Obligation Type: Other Debt Principal: 93,777 Interest: 0 Total: 93,777 Annual Appropriation?: No Date Incurred: 06/15/2021 FY of Last Payment: 2024 FY21 Administrative Expenses Debt/Obligation Type: Internal Loans Principal: 36 Interest: 0 Total: 36 Annual Appropriation?: No Date Incurred: 11/16/2021 FY of Last Payment: 2025 FY20 Administrative Expenses Debt/Obligation Type: Internal Loans Principal: 149 Interest: 0 Total: 149 Annual Appropriation?: No Date Incurred: 11/02/2020 FY of Last Payment: 2025 Non -Rebates For IOWA CITY HEINZ ROAD URBAN RENEWAL TIF Expenditure Amount: Tied To Debt: Tied To Project: TIF Expenditure Amount: Tied To Debt: Tied To Project: TIF Expenditure Amount: Tied To Debt: Tied To Project: 71,068 Iowa City Storage Energy Efficiency Grant Energy Efficiency Grant 36 FY21 Administrative Expenses Administrative Expenses 149 FY20 Administrative Expenses Administrative Expenses 2022 - TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HEINZ ROAD URBAN RENEWAL (52027) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/HEINZ RD UR TIF INCR TIF Taxing District Inc. Number: 520250 TIF Taxing District Base Year: 2003 FY TIF Revenue First Received: 2007 Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 05/2002 statutorily ends: 2025 TIF Taxln District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 48,761,400 19,338,080 0 0 68,099,480 0 68,099,480 Taxable 0 0 43,885,260 17,404,272 0 0 61,289,532 0 61,289,532 Homestead Credits 0 Frozen Base Value Ma: Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 44,171,017 23,928,463 6,968,652 16,959,811 510,156 FY 2023 TIF Revenue Received: 209,169 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HEINZ ROAD URBAN RENEWAL (52027) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/HEINZ RD UR TIF INCR TIF Taxing District Inc. Number: 520252 TIF Taxing District Base Year: 2003 FY TIF Revenue First Received: 2006 Slum Subject to a Statutory end date? Yes Blighted Fiscal year this TIF Taxing District Economic Development statutorily ends: 2025 TIF Taxing District Value by Class - l/l/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Assessed 0 0 0 0 0 0 0 Taxable 0 0 0 0 0 0 0 Homestead Credits Frozen Base Value Max Increment Value Increment Used Increment Not Used Fiscal Year 2023 7,358 0 0 0 FY 2023 TIF Revenue Received: 0 No No 05/2002 Gas/Electric Utility Total 0 0 0 0 0 Increment Revenue Not Used 0 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HIGHWAY SIX URBAN RENEWAL UR Area Number: 52028 UR Area Creation Date: UR Area Purpose: 05/2003 To formulate and execute a program using public and private resources to develop the area for retail, office, and other commercial uses. To revitalize commercial activity, expand taxable values, and make public improvements supporting commercial activity. Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other M'ili'tary Total Gas/Electrie Utility Total Assessed 0 1,341,576 76,730,372 0 0 0 79,507,957 0 79,507,957 Taxable 0 726,200 69,057,335 0 0 0 70,698,990 0 70,698,990 Homestead Credits 0 TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2022 Cash Balance as of 07-01-2022: 0 0 Restricted for LMI TIF Revenue: 0 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 0 Rebate Expenditures: 0 Non -Rebate Expenditures: 0 Returned to County Treasurer: 0 Total Expenditures: 0 TIF Sp. Rev. Fund Cash Balance Amount of 06-30-2023 Cash Balance as of 06-30-2023: 0 0 Restricted for LMI Base Increment Increment Tax Districts within this Urban Renewal Area Value No. No. Used IOWA CITY/IOWA CITY SCH/IC HWY 6 COMMERCIAL UR TIF INCR 520255 520256 0 IOWA CITY AG/IOWA CITY SCH/HWY 6 COMM UR TIF INCR 520317 520318 0 IOWA CITY/IOWA CITY SCH/IOWA CITY HWY 6 COMM UR TIF S DIST SSMID INCR 520472 520473 0 Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other M'ili'tary Total Gas/Electrie Utility Total Assessed 0 1,341,576 76,730,372 0 0 0 79,507,957 0 79,507,957 Taxable 0 726,200 69,057,335 0 0 0 70,698,990 0 70,698,990 Homestead Credits 0 TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2022 Cash Balance as of 07-01-2022: 0 0 Restricted for LMI TIF Revenue: 0 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 0 Rebate Expenditures: 0 Non -Rebate Expenditures: 0 Returned to County Treasurer: 0 Total Expenditures: 0 TIF Sp. Rev. Fund Cash Balance Amount of 06-30-2023 Cash Balance as of 06-30-2023: 0 0 Restricted for LMI TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: Urban Renewal Area: IOWA CITY HIGHWAY SIX URBAN RENEWAL (52028) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/IC HWY 6 COMMERCIAL UR TIF INCR TIF Taxing District Inc. Number: 520256 FY TIF Revenue First Received: TIF Taxing District Base Year: 2003 Yes Blighted No FY TIF Revenue First Received: 2005 UR Designation Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 05/2003 statutorily ends: 2025 TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility' Total Assessed 0 1,341,576 57,602,096 0 0 0 60,050,716 0 60,050,716 Taxable 0 726,200 51,841,886 0 0 0 53,273,826 0 ;53,273,826 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 41,310,667 18,740,049 0 18,740,049 563,706 FY 2023 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HIGHWAY SIX URBAN RENEWAL (52028) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/HWY 6 COMM UR TIF INCR TIF Taxing District Inc. Number: 520318 TIF Taxing District Base Year: 2003 FY TIF Revenue First Received: 2005 Slum No Subject to a Statutory end date? Yes Blighted No Fiscal year this TIF Taxing District Economic Development 05/2003 statutorily ends: 2025 TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 0 0 0 0 0 0 0 Taxable 0 0 0 0 0 0 0 0 0 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 209,314 0 0 0 0 FY 2023 TIF Revenue Received: 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY HIGHWAY SIX URBAN RENEWAL (52028) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/IOWA CITY HWY 6 COMM UR TIF S DIST SSMID INCR TIF Taxing District Inc. Number: 520473 TIF Taxing District Base Year: 2003 Slum No FY TIF Revenue First Received: Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential IDmercial industrial Other Military Total Gas/Electric Utili Total Assessed 0 0 19,128,276 0 0 0 19,457,241 019,457,241 Taxable 0 0 17,215,449 0 0 0 17,425,164 01 17,425,164 Homestead Credits 0 Frozen Base Value Max Inamment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 16,781,000 2,676,241 0 2,676,241 93,883 FY 2023 TIF Revenue Received: 0 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL UR Area Number: 52029 UR Area Creation Date: UR Area Purpose: 04/2010 To formulate and execute a workable program using public and private resources to develop the Urban Renewal Project area for office and other commercial uses. Base Increment Increment Tax Districts within this Urban Renewal Area No. No. Value Used IOWA CITY/IOWA CITY SCH/MOSS GREEN URB VILLTIF INCR 520358 520359 2,326,527 IOWA CITY AG/IOWA CITY SCH/MOSS GREEN URB VILL UR INCREMENT 520446 520447 0 Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 AQricnitural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 208,030 0 2,585,030 0 0 0 2,793,060 0 2,793,060 Taxable 185,233 0 2,326,527 0 0 0 2,511,760 0 2,511,760 Homestead Credits 0 TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2022 Cash Balance as of 07-01-2022: 1,127 0 Restricted for I.MI TIF Revenue: 49,269 TIF Sp. Revenue Fund Interest: 985 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 50,254 Rebate Expenditures: 0 Non -Rebate Expenditures: 69,865 Returned to County Treasurer: 0 Total Expenditures: 69,865 TIF Sp. Rev. Fund Cash Balance u Amount of 06-30-2023 Cash Balance as of 06-30-2023: -18,484 0 Restricted for LMI Annual Urban Renewal Report, Fiscal Ye'a'r 2022 - 2023 Projects For IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL Moss Road Project Description: Classification: Physically Complete: Payments Complete: Administrative Expenses Description: Classification: Physically Complete Payments Complete: Moss Road extension Roads, Bridges & Utilities Yes No Administrative Expenses Administrative expenses No No # Annual Urban Renewal Re ort, Fiscal Year 2022 2023 Debts/Obligations For IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL Moss Road Portion of 2014A Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 1,736,385 238,197 1,974,582 No 05/06/2014 2024 4 Annual Urban Renewal Report, Fiscal Year 2022 - 2023 Non -Rebates For IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL TIF Expenditure Amount: Tied To Debt: Tied To Project: TIF Expenditure Amount: Tied To Project: TIF Expenditure Amount: Tied To Project: TEF Expenditure Amount: Tied To Project: 69,865 Moss Road Portion of 2014A Moss Road Project 0 Administrative Expenses 0 Administrative Expenses 0 Administrative Expenses 4 Annual Urban Renewal Report, Fiscal Year 2022 - 2Q23 TIF ordinance approved in March 2019; to certify first debt in FY2020 256 Characters Left Sum of Private Investment Made Within This Urban Renewal Area during FY 2023 A...A..tnsal-I TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL (52029) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/MOSS GREEN URB VILLTIF INCR TIF Taxing District Inc. Number: 520359 TIF Taking District Base Year: 2018 UR Uedoition ww FY TIF Revenue First Received: 2022 Slum NoBlighted No Subject to a Statutory end date? No Economic Development 04/2010 TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 0 2,585,030 0 0 0 2,585,030 0 2,585,030 Taxable 0 0 2,326,527 0 0 0 2,326,527 0 2,326,527 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 2,020 2,326,527 2,326,527 0 0 FY 2023 TIF Revenue Received: 49,269 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY MOSS GREEN URBAN VILLAGE URBAN RENEWAL (52029) TIF Taxing District Name: IOWA CITY AG/IOWA CITY SCH/MOSS GREEN URB VILL UR INCREMENT TIF Taxing District Inc. Number: 520447 TIF Taxing District Base Year: 2018 Ultbedonfim FY TIF Revenue First Received: Slum No Blighted No Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 FY 2023 TIF Revenue Received: 0 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 208,030 0 0 0 0 0 208,030 0 208,030 Taxable 185,233 0 0 0 0 0 185,233 0 185,233 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 309,370 0 0 0 0 FY 2023 TIF Revenue Received: 0 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY TOWNCREST URBAN RENEWAL UR Area Number: 52030 UR Area Creation Date: 12/2010 To formulate and execute a workable program using public and private resources to develop the Urban Renewal Project area for retail, office, and other commercial UR Area Purpose: uses. Tax Districts within this Urban Renewal Area Base Increment Increment Value No. No. Used IOWA CITY/IOWA CITY SCH/TOWNCREST TIF INCR 520360 520361 1,629,692 Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total, Gas/Electric Utility Total Assessed 0 7,318,530 31,950,217 0 0 -1.852 44,630,878 44,630,878 Taxable 0 3,961,534 28,755,197 0 0 -1,852 36,134,421 04 36,134,421 Homestead Credits 3 TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2022 Cash Balance as of 07-01-2022: 329 0 Restricted for LMI TIF Revenue: 49,005 TIF Sp. Revenue Fund Interest: 847 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 49,852 Rebate Expenditures: 0 Non -Rebate Expenditures: 50,016 Returned to County Treasurer: 0 Total Expenditures: 50,016 TIF Sp. Rev. Fund Cash Balance Amount of 06-30-2023 Cash Balance as of 06-30-2023: 165 0 Restricted for LMI ♦ Annual Urban Renewal Report, Fiscal Year 2022 �w 2023, Projects For IOWA CITY TOWNCREST URBAN RENEWAL William Street Streetscape Description: Public Improvement coinciding with Med Office Bldg. Classification: Roads, Bridges & Utilities Physically Complete: Yes Payments Complete: No MDK Development Med Office Bldg Description: Medical Office Building Classification: Commercial - office properties Physically Complete: Yes Payments Complete: No Debts/Obligations For IOWA CITY TOWNCREST URBAN RENEWAL 2013A GO Bonds (Williams St. Recon.) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation? Date Incurred: FY of Last Payment: MDK Forgivable Loan Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 6,540 131 6,671 No 06/18/2013 2023 Internal Loans 552,724 0 552,724 No 06/19/2012 2035 ♦ Annual Urban Renewal Report, Fiscal Year 2022 - 2023 Non -Rebates For IOWA CITY TOWNCREST URBAN RENEWAL TIF Expenditure Amount: Tied To Debt: Tied To Project: TIF Expenditure Amount: Tied To Debt: Tied To Project: 6,671 2013A GO Bonds (Williams St. Recon.) William Street Streetscape 43,345 MDK Forgivable Loan MDK Development Med Office Bldg TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY TOWNCREST URBAN RENEWAL (52030) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/TOWNCREST TIF INCR TIF Taxing District Inc. Number: 520361 TIF Taxing District Base Year: 2011 =" "� �''y � `==—=ion Slum No FY TIF Revenue First Received: 2014 Blighted 12/2010 Subject to a Statutory end date? No Economic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 FY 2023 TIF Revenue Received: 49,005 Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total Assessed 0 7,318,530 31,950,217 0 0 -1,852 44,630,878 0 44,630,878 Taxable 0 3,961,534 28,755,197 0 0 -1,852 36,134,421 0 36,134,421 Homestead Credits 3 " Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 32,550,010 12,082,720 1,629,692 10,453,028 314,430 FY 2023 TIF Revenue Received: 49,005 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL UR Area Number: 52031 UR Area Creation Date: UR Area Purpose: 10/2011 To formulate and execute a workable program using public and private resources to develop the Urban Renewal Project area for retail, office and other commercial uses. Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/RIVERSIDE DR TIF INCR IOWA CITY/IOWA CITY SCH/IOWA CITY RIVERSIDE UR EMRICO INCREMENT Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Assessed 0 15,148,940 35,118,457 0 Taxable 0 8,200,163 31,606,612 0 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2022: 53,604 TIF Revenue: 408,273 TIF Sp. Revenue Fund Interest: 7,604 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 415,877 Rebate Expenditures: 246,670 Non -Rebate Expenditures: 160,106 Returned to County Treasurer: 0 Total Expenditures: 406,776 Base Increment Increment No. No. Value Used 520362 520363 5,345,195 520396 520397 8,200,163 Other W itary Total GuMectrk Utility Total 0 0 50,548,010 0 50,548,010 0 0 39,985,666 0 39,985,666 0 Amount of 07-01-2022 Cash Balance 0 Restricted for LMI TIF Sp. Rev. Fund Cash Balance Amount of 06-30-2023 Cash Balance as of 06-30-2023: 62,705 0 Restricted for LMI Projects For IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL Administrative Expenses Description: Legal, consulting, recording, & publications Classification: Administrative expenses Physically Complete: No Payments Complete: No Riverside Dr Pedestrian Tunnel Description: Pedestrian tunnel Recreational facilities (lake development, parks, ball fields, Classification: trails) Physically Complete: No Payments Complete: No Riverview West Apartments Description: 639 S. Riverside redevelop former car lot Classification: Residential property (classified residential) Physically Complete: Yes Payments Complete: No Riverside Dr Streetscape Description: Streetscape Recreational facilities (lake development, parks, ball fields, Classification: trails) Physically Complete: No Payments Complete: No Myrtle/Riverside Intersection Description: Signalization of intersection Classification: Roads, Bridges & Utilities Physically Complete: Yes Payments Complete: No Iowa River Trail Description: From Benton to Sturgis Recreational facilities (lake development, parks, ball fields, Classification: trails) Physically Complete: No Payments Complete: No West Riverbank Stabilization Description: Riverbank stabilization Recreational facilities (lake development, parks, ball fields, Classification: trails) Physically Complete: No Payments Complete: No -0- Debts/Obligations« Debts/Obligations For IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL Emrico Properties, LLC Debt/Obligation Type: Rebates Principal: 748,548 Interest: 0 Total: 748,548 Annual Appropriation?: No Date Incurred: 12/02/2014 FY of Last Payment: 2024 2017A GO Bonds (Riverside Streetscape&Myrtle Intersection) Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: Gen. Obligation Bonds/Notes 891,817 81,570 973,387 No 06/15/2017 2027 nnual"UrlianRenewalRe'ort E�scalYear2022=2023 "';�� "` " Non -Rebates For IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL TIF Expenditure Amount: 160,106 Tied To Debt: 2017A GO Bonds (Riverside Streetscape&Myrtle Intersection) Tied To Project: Myrtle/Riverside Intersection Rebates For IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL 629 S. Riverside Dr. TIF Expenditure Amount: Rebate Paid To: Tied To Debt: Tied To Project: Projected Final FY of Rebate: 246,670 Emrico Properties Emrico Properties, LLC Riverview West Apartments 2028 ♦ Annual Urban Renewal Re ort, Fiscal Year 2022 - 20X3 This Urban Renewal Area was originally named Riverfront Crossings, but was amended to change the name to Riverside Drive URA in order to avoid confusion with the larger Riverfront Crossings addition to the City-University Project 1 URA. 256 Characters Left Sum of Private Investment Made Within This Urban Renewal Area during FY 2023 0 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL (5203 1) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/RIVERSIDE DR TIF INCR TIF Taxing District Inc. Number: 520363 TIF Taxing District Base Year: 2011 FY TIF Revenue First Received: 2018 Subject to a Statutory end date? No TIF Taxing District Value by Class - l/l/2021 for FY 2023 Slum Blighted Economic Development UR De� No 10/2011 No Agricultural Residential Commercial Industrial Other Military Total Gas/Electric UtilityTotal Assessed 0 0 35,118,457 0 0 0 35,399,070 131,785:503 35,399070 Taxable 0 0 31,606,612 0 0 0 31,785,503 Homestead Credits 0 8,200,163 0 8,200,163 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 22,466,946 12,932,124 5,345,195 7,586,929 228,217 FY 2023 TIF Revenue Received: 161,603 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY RIVERSIDE DRIVE URBAN RENEWAL (5203 1) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/IOWA CITY RIVERSIDE UR EMRICO INCREMENT TIF Taxing District Inc. Number: 520397 TIF Taxing District Base Year: 2011 FY TIF Revenue First Received: 2018 Subject to a Statutory end date? No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Slum Blighted Economic Development No 03/2012 No Agricultural Residential Commercial Industrial Other Military Total Gas/ElectricUtility W, Total Assessed 0 15,148,940 0 0 0 0 15,148,940 0 15,148,940 Taxable 0 8,200,163 0 0 0 0 8,200,163 0 8,200,163 Homestead Credits 0 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 1,345,074 8,200,163 8,200,163 0 0 FY 2023 TIF Revenue Received: 246,670 4 Annual Urban Renewal Report, Fiscal Year 2022 - 2023 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY FOSTER ROAD URBAN RENEWAL AREA UR Area Number: 52034 UR Area Creation Date: 03/2018 Economic development activities - UR Area Purpose: LMI Tax Districts within this Urban Renewal Area IOWA CITY/IOWA CITY SCH/FOSTER ROAD UR TIF INCREMENT Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Resideatial Commercial Industrial Other Military Assessed 0 15,145,670 0 0 0 -20,372 Taxable 0 8,198,381 0 0 0 -20,372 Homestead Credits TIF Sp. Rev. Fund Cash Balance as of 07-01-2022: TIF Revenue: TIF Sp. Revenue Fund Interest: Property Tax Replacement Claims Asset Sales & Loan Repayments: Total Revenue: Rebate Expenditures: Non -Rebate Expenditures: Returned to County Treasurer: Total Expenditures: 123,055 261,317 7,369 0 0 268,686 143,724 339 0 144,063 123,055 TIF Sp. Rev. Fund Cash Balance as of 06-30-2023: 247,678 247,678 Base Increment Increment No. No. Value Used 520450 520451 8,685,562 Total Gas/Electric Utility Total 15,921,458 0 15,921,458 8,685,562 0 - 8,685,562 4 Amount of 07-01-2022 Cash Balance Restricted for LMI Amount of 06-30-2023 Cash Balance Restricted for LMI y _ `' � i�°Annual ilrban Reriewal'Re ort" ,. Fiscal Year 2022 - 2023 � �� Projects For IOWA CITY FOSTER ROAD URBAN RENEWAL AREA Administrative Expenses Description: Classification: Physically Complete: Payments Complete: Vintage Coop Description: Classification: Physically Complete Payments Complete: Administrative Expenses Administrative expenses No No Foster Road Construction Roads, Bridges & Utilities Yes No 4! Annual Urban Renewal Report, Fiscal`Year 2022= 2023 Debts/Obligations For IOWA CITY FOSTER ROAD URBAN RENEWAL AREA Foster Road Construction Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation? Date Incurred: FY of Last Payment: LMI Housing Debt/Obligation Type: Principal: Interest: Total: Annual Appropriation?: Date Incurred: FY of Last Payment: Rebates 3,231,023 0 3,231,023 No 07/18/2018 2031 Outstanding LMI Housing Obligations 2,754,818 0 2,754,818 No 07/18/2018 2031 FY21 Administrative Expenses Debt/Obligation Type: Internal Loans Principal: 339 Interest: 0 Total: 339 Annual Appropriation?: No Date Incurred: 11/16/2021 FY of Last Payment: 2025 f Annual Urban Renewal Report, Fiscal Year 2022 = 2023 Non -Rebates For IOWA CITY FOSTER ROAD URBAN RENEWAL AREA TIF Expenditure Amount: 339 Tied To Debt: FY21 Administrative Expenses Tied To Project: Administrative Expenses Annual Urban Renewal Report,:Fiscal Year 2022 - 2023 - Rebates For IOWA CITY FOSTER ROAD URBAN RENEWAL AREA Foster Road Construction TIF Expenditure Amount: 143,724 Rebate Paid To: Foster Road Developers Tied To Debt: Foster Road Construction Tied To Project: Vintage Coop Projected Final FY of Rebate: 2031 Annual Urban Renewal Report; Fiscal Year 2022 - 2023 Income Housing For IOWA CITY FOSTER ROAD URBAN RENEWAL AREA Amount of FY 2023 expenditures that provide or aid in the provision of public improvements related to housing and residential development: Lots for low and moderate income housing: Construction of low and moderate income housing: Grants, credits or other direct assistance to low and moderate income families: Payments to a low and moderate income housing fund established by the municipality, including matching funds for any state or federal moneys used for such purposes: Other low and moderate income housing assistance: f Annual Urban Renewal Report, Fiscal Year 2022 - 2023 TIF Taxing District Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY FOSTER ROAD URBAN RENEWAL AREA (52034) TIF Taxing District Name: IOWA CITY/IOWA CITY SCH/FOSTER ROAD UR TIF INCREMENT TIF Taxing District Inc. Number: 520451 TIF Taxing District Base Year: 2019 UR Designation FY TIF Revenue First Received: 2022 Slum No Subject to a Statutory end date? No Blighted NoFconomic Development No TIF Taxing District Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total GasMectric Utility Total Assessed 0 15,145,670 0 0 0-20,372 15,921,458 0 15,921,458 Taxable 0 8,198,381 0 0 0-20,372 8,685,562 0 8,685,562 Homestead Credits 4 Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used Fiscal Year 2023 3,729,370 8,685,562 8,685,562 0 0 FY 2023 TIF Revenue Received: 261,317 Annual Urban Renewal Report, Fiscal Year 2022 - 2023 Urban Renewal Area Data Collection Local Government Name: IOWA CITY (52G483) Urban Renewal Area: IOWA CITY FOREST VIEW URBAN RENEWAL UR Area Number: 52920 UR Area Creation Date: UR Area Purpose: Tax Districts within this Urban Renewal Area Base Increment Increment No. No. Value Used Urban Renewal Area Value by Class - 1/1/2021 for FY 2023 Agricultural Residential Commercial Industrial Other Military Total Gas/Ekctric Utility Total Assessed 0 0 0 0 0 0 0 0 0 Taxable 0 0 0 0 0 0 0 0 0 Homestead Credits 0 TIF Sp. Rev. Fund Cash Balance Amount of 07-01-2022 Cash Balance as of 07-01-2022: 0 0 Restricted for LMI TIF Revenue: 0 TIF Sp. Revenue Fund Interest: 0 Property Tax Replacement Claims 0 Asset Sales & Loan Repayments: 0 Total Revenue: 0 Rebate Expenditures: 0 Non -Rebate Expenditures: 0 Returned to County Treasurer: 0 Total Expenditures: 0 TIF Sp. Rev. Fund Cash Balance Amount of 06-30-2023 Cash Balance as of 06-30-2023: 0 0 Restricted for LMI Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution authorizing the Mayor to sign and the City Clerk to attest a License Agreement between the City of Iowa City and Iowa Network Services, Inc., to use certain public rights-of- way for the installation, operation and maintenance of an electrical transmission line. Prepared By: Kim Sandberg, Program Assistant Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Agreement Executive Summary: This License Agreement, between the City of Iowa City and Iowa Network Services, Inc. (d/b/a Aureon), will allow Iowa Network Services, Inc. to install, operate and maintain electrical transmission lines within public right-of-way. Background /Analysis: Iowa Network Services, Inc. desires to provide electrical service to a fiber cabinet located in the public right-of-way in the 500 block of Market Street. In order to provide the electrical feed to this site, Iowa Network Services has requested to install underground electrical lines within the Market Street right-of-way. To enable Iowa Network Services to install said electrical lines, staff has drafted a License Agreement between the City of Iowa City and Iowa Network Services, which will allow Iowa Network Services to install, operate, and maintain underground electrical service lines within City of Iowa City public right -of way. The agreement provides for the installation within Market Street public right-of-way and provides for the future expansion at additional locations, as needed, by submitting a written request for review and approval by the Public Works Director. Doc ID: 032178520010 Type: GEN Kind: RESOLUTION Recorded: 10/11/2023 at 12:05:12 PM Fee Amt: $52.00 Paqe 1 of 10 Johnson County Iowa Kim Painter County Recorder DK6521 PG193-202 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 23-267 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of October 2023, all as the same appears of record in my office. Dated at Iowa City, Iowa, this / &jt day of October 2023. P�pj1 n 6,2 I�1'aca-2 Kellie K. Grace T City Clerk \res 410 EAST WASHINGTON STREET" • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 23_267 Resolution authorizing the Mayor to sign and the City Clerk to attest a License Agreement between the City of Iowa City and Iowa Network Services, Inc., to use certain public rights-of-way for the installation, operation and maintenance of an electrical transmission line. WHEREAS, Iowa Network Services, Inc, desires to install an electrical transmission line within certain City of Iowa City public right-of-way; and WHEREAS, the City of Iowa City desires to give Iowa Network Services, Inc. a license to use those right-of-way for such purposes; and WHEREAS, it is in the public interest to enter into a license agreement with Iowa Network Services, Inc, concerning the location of and responsibility for the installation and maintenance of the electrical transmission line. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached license agreement between the City of Iowa City and Iowa Network Services, Inc. to use certain public right-of-way as set out in said agreement for the placement of an electrical transmission line is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Iowa Network Services, Inc. expense. Passed and approved this= -3rd day of October Attest: City Clerk It was moved by Taylor adopted, and upon roll call there were: Ayes: X V� AAA -R- a r 2023 Approved by G City Attor y's Office (Sara Hektoen — 09/27/2023) and seconded by Alter Nays: Absent: X Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IOWA NETWORK SERVICES, INC. FOR USE OF PUBLIC RIGHT-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF AN ELECTRICAL TRANSMISSION LINE. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean publicly -owned or controlled public land and rights-of-way, easements, bridges, parks squares and commons. d. "Licensee" shall mean Iowa Network Services, Inc., an Iowa corporation d/b/a Aureon, located at 7760 Office Plaza South, West Des Moines, Iowa 502066. e. "Electrical Transmission Line" shall mean any electric powerline carrying electric power. SECTION 2. BASIC GRANT Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain an electrical transmission line in, under, upon, along and across the Public Property shown and generally identified in Exhibit A attached hereto and incorporated herein by this reference and specifically identified in the electrical transmission line map approved according to Section 3 below ("License Area'), according to the terms of this Agreement and subject to the regulatory powers of the City. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE ELECTRICAL TRANSMISSION LINE Before commencing any extension or expansion of its system, or any major repair work or the installation of any new electrical transmission line component within the License Area, the Licensee shall file with the Public Works Department of the City a written statement verifying the Public Property under or upon which Licensee proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. No electrical transmission line component shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any Public Improvements or any existing.City- owned public utility system component, or other structure upon or under Public Property. In the event that the proposed electrical transmission line plan shows such interference, .the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate the interference and refer the same back to Licensee for modification of the plans. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Once the map, plan, or specifications are approved by the Public Works Director, they shall be filed in the Public Works Department and an excavation permit may be issued authorizing Licensee to proceed in accordance with the approved maps, plans, and/or specifications. Licensee shall not perform any work on the electrical transmission line within the License Area prior to the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed shall be in accordance with the approved maps, plans or specifications and the terms of this License. SECTION 4. CONSTRUCTION AND REPAIR OF ELECTRICAL TRANSMISSION LINE To protect the public and assure the safe and efficient movement of traffic, Licensee shall properly barricade any Public Property used by Licensee in compliance with, at a minimum, the requirements set forth in the Manua/ on Uniform Tra>fc Control Devices Licensee shall properly and speedily replace any and all pavement removed or damaged by Licensee in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of the License Area, Licensee shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or Public Property damaged by Licensee. If Licensee fails to repair or arrange with the City for the proper repair of any Public Property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of Licensee. SECTION 5. EXCAVATIONS The City hereby grants Licensee a license to make excavations within the License Area for the purpose of routine repair, replacement, and maintenance of wires, lines or other electrical transmission line system components according to the following conditions: a. Licensee shall first obtain an excavation permit as required by to City Ordinances and Regulations; b. Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places; c. Licensee shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. d. Licensee shall provide three (3) day notice to the Public Works Director for any work requiring a street closure or detour prior to such closure or detour and shall obtain the appropriate permit for such work. In emergencies which require immediate excavation, Licensee may proceed with the minimum work necessary to remedy the emergency without first applying for or obtaining an excavation permit, provided, however, that Licensee shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the work done fails to comply with the provisions of this Section, the City may repair or restore the Public Property, at Licensee's expense, to the condition of the property prior to the disturbance by Licensee. Licensee shall pay the costs of such repair or restoration within sixty (60) days after receipt of the City's billing. 2 SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvements that may be deemed necessary or proper by the City in, across, along, over or under any portion of the License Area occupied by the electrical transmission line, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to Licensee for any electrical transmission line damage arising out of the performance of such work by other parties. Nothing in this Agreement shall be construed to relieve other persons or corporations from liability for damage to the electrical transmission line. SECTION 7. LICENSEE CONTRACTORS The requirements of this License Agreement shall apply to all employees, agents, persons, firms or corporations performing work for Licensee under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY Licensee's use of any Public Property for the purposes set forth in this Agreement shall be in conformance with the established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. Licensee shall exercise its rights granted herein in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. Licensee shall, upon reasonable notice and at its sole cost and expense; remove, locate and relocate its facilities in, on, over or under the License Area in such manner as the City may, at any time, require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any Public Improvement on, in or about any such Public Property, for the purposes of facilitating the vacation and/or redevelopment of Public Property or public right-of-way by the City. In the event Licensee fails to act within a reasonably allocated time, the City may cause the electrical transmission line to be relocated, and the costs thereof shall be invoiced to the Licensee and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of the Licensee's failure to act within a reasonable time shall be the responsibility of the Licensee. In the case of Public Works projects, reasonable time shall be defined six weeks after the public hearing approving the plans and specifications for said project. Licensee shall not place any electrical transmission line component in the License Area where the same will interfere with the normal use or maintenance of any Public Improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Licensee shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. Licensee shall not place identification signs within the public right-of-way. Upon request, Licensee agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll-free "One -Call" number. Licensee shall restore and replace any surface vegetation removed or damaged during Licensee's exercise of its rights granted herein with sod or other such vegetation approved by the Director of Public Works and in conformance with City ordinances and the standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES Thirty (30) days prior to abandonment of any electrical transmission line component, Licensee shall notify the City of its intentions. Licensee shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the License Area as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and Public Property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of Public Property. Any such further regulations shall apply to Licensee and to this Agreement. SECTION 11. PLANS AND COORDINATION Upon completion of any work performed in accordance with this Agreement, including the initial installation and subsequent modifications or relocations of electrical transmission line components, Licensee shall promptly furnish to the City copies of "as -built" plans related to any electrical transmission line component located on Public Property. Licensee shall keep complete and accurate maps and records of the locations and operations of its electrical transmission line, including buried abandoned facilities. SECTION 12. VIOLATIONS OF AGREEMENT In the event that Licensee is in breach of this Agreement, or has violated or breached any local, state or federal law or regulation related to the rights granted herein (hereinafter referred to as "default', the City shall give written notice to Licensee of the default. Licensee shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, the time for curing such default shall reasonably be extended for such period of time as may be necessary to promptly complete such cure with due diligence. If the City determines that Licensee's default is an immediate danger to public health, safety or welfare and requires immediate. action, the City may provide written notice of said determination to Licensee and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Licensee. rd If Licensee fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the electrical transmission line; or iii, seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE Licensee covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. Licensee agrees to require contractors and subcontractors engaged in work for Licensee on Public Property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by Licensee in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this Agreement or their validity or legality and this Agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this Agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Licensee, if the City determines that the License Area is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purposes, needs or uses, as long as Licensee exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or Public Property in which Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the electrical transmission line in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require Licensee to relocate its electrical transmission line as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: 5 If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Licensee: Iowa Network Services, Inc. Chief Executive Officer 7760 Office Plaza South West Des Moines, IA 50266 Provided, however, that in case of an emergency, notices may be given verbally to the above- named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's expense. Dated this 3rd day of October 2023. CITY OF IOWA CITY I C)W & Ne+vvv✓k Sei'✓s ceS, 6 roc . �— By: =,4,6�v & ---- Bdic,�Teague, Mayor s&I} 9L,, 1CEQ Attest:/.E✓h-. i'l '��ti City Clerk Approved by: City Attorney's Office N CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This record was acknowledged before me on this r day of OGfc%b e r- , 2023, by Bruce Teague and Kellie K. Grace, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation. �! TAMARA NEUMANN Notary Public in and for the State of Iowa Commission Number 838058 * "" * MYCOMMISSOON B(PIRES My commission expires: 00 MARCH 14, 2025 NETWORK ACKNOWLEDGMENT STATE OF IOWA ) ) ss: FC\i�- COUNTY ) This record was acknowledged before me on this 2A day of , 2023 by Sco(name ) of individuals) as e;F-o (type of authority, such as officer or trustee) of Iowa Network Service, Inc. � ERICA T SCHULTES z `� Commission Number 839801 My Commission Expires 1110 w * June 2, 2025 I)rk-' �df� t4 C4ezi 1`4-ofar'y Publibn and for fhe Stafe of Iowa My commission expires: < I tnr '2-21-0-25' 7 ' SECTXJN XJ n 709WH/>°79N, R IWC 6W dd I i PROPOSED JREON CPEINEI.�� �• �::... EXHIBIT A ' Z li VV//NSON VVV/I// IN. 411fU ON CONLFf I- RAI' _ YAT-101 ME PLEL( ROW, AE x it I O n �� GI ICCT(S) ]2.00 AND C2O F02 DEIALS T. 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In I pNPh�Ni1 - �� _ '///777777", I L,c � ' I M � (p�� ( 1I I -- -- ---�-- • L/ r .v EXISTING II AFI I — LN1< -IBE Er nL:L (F:,,l lr o COMIHMCTOR N07E I I 72 i � 1 C FRACTCR SHALL CALL IN A UTUT" _MATE HIk12i PRIOR TO BEGINNING CONSRUCiION AND VERIFY DEPM OF k DUSTING UTUTES WMN THE ROUTE PROS T) INBTALLATCN, .: ANY UTTLJTES FOUND M BE WITHIN THE PROPOSED ROUTE SNALL I I ME NOW AN) SENT TO ME DESIGN FIRM AYD MIT FOR LL _ _ _ ����-ZBZ-O9Og EC MR RVN NII PLAN (E MARKET ST) CSFFE BMJ ,•.JD � C1.01,. Item Number: 6.d. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution approving an agreement with Shelter House for a winter shelter. Prepared By: Tracy Hightshoe, NDS Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: $30,000 budgeted in the FY24 Aid to Agency funds and $70,000 from the FY24 Affordable Housing Fund - Opportunity Funds. Staff Recommendation: Approval Commission Recommendations: NA Attachments: Resolution Agreement Executive Summary: Shelter House has provided temporary overnight shelter during the winter months since 2015. The City desires to increase its financial contribution to $100,000 to extend its winter shelter during the coldest months of the year at 340 Southgate Avenue, a building adjacent to the Guidelink Center. The agreement provides the minimum service requirements. Background /Analysis: Under this agreement, Shelter House shall provide a minimum of 40 available beds at 340 Southgate Ave. This is distinct from the permanent emergency shelter located at 429 Southgate Ave, which also has overflow capacity in the lobby as needed during winter months. The winter shelter shall be open from December 4, 2023 through March 18, 2024 and open daily no later than 8:00 PM and close no earlier than 7:00 AM. The winter shelter shall be staffed with at least two employees present during all hours of operation with expertise in crisis services. In addition, Shelter House shall also have an employee with brain health and crisis services expertise available during all hours of operation at the winter shelter exclusively. Shelter House may also contract for this service. Shelter House shall complete a monthly and annual report that provides the daily number of individuals sheltered at the winter shelter and those housed in the lobby at the emergency shelter as well as the daily low overnight temperatures. The annual report will identify the number of unique individuals served during the winter shelter (unduplicated count), the total cost to provide this service and the funding sources utilized. Prepared by: Susan Dulek, First Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 23-268 Resolution approving an agreement with Shelter House for a winter shelter. Whereas, Shelter House is an Iowa City non-profit organization that provides shelter and housing services for those experiencing homelessness and offers case management and support services to help people address issues that contribute to homelessness; and Whereas, additionally Shelter House has provided temporary overnight shelter during the winter months since 2015 that the City has supported both financially and in-kind; and Whereas, City staff and Shelter House have negotiated the attached 5 -year agreement which increases the City's financial contribution and establishes minimum service requirements for a winter shelter adjacent to the Guidelink Center; and Whereas, the funds provided for the services under this agreement are for a public purpose; 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: 1. The attached Agreement for Winter Shelter is hereby approved. 2. The Mayor is authorized and directed to sign said Agreement, and the City Manager is authorized to sign needed amendments. Pa and approved this 3rd day of October, 2023 M Attest: t L City berk Approved/b G ' City Attorney' Office (Sue Dulek - 09/27/2023) It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: X X X X X X Nays: Alter Absent: Alter Bergus Dunn X Harmsen Taylor Teague Thomas the Resolution be WINTER SHELTER AGREEMENT This Agreement is entered into between the City of Iowa City, a municipal corporation, ("City") and Shelter House Community Shelter and Transition Services, an Iowa non-profit corporation, ("Shelter House") on October 3 , 2023 in Iowa City, Iowa. Whereas, Shelter House has provided overnight shelter for persons since 1983; and Whereas, Shelter House has provided a temporary overnight shelter during the winter months since 2015; and Whereas, the City has supported Shelter House's winter shelter both financially and in kind from nearly its inception; and Whereas, a winter shelter remains a critical and basic need; and Whereas, the City desires to increase its financial contribution to Shelter House's winter shelter in exchange for Shelter House agreeing to minimum service requirements. THEREFORE, the City and Shelter House agree as follows: 1. Effective Date and Term. This Agreement shall commence upon execution and remain in effect until March 31, 2028, unless terminated as provided herein. 2. Winter Shelter. Shelter House shall provide a shelter during the winter months in the for the purpose of providing additional overnight shelter during the coldest months of the year ("Winter Shelter"). Shelter House shall operate the Winter Shelter consistent with the following minimum requirements: a. Dates: The Winter Shelter shall be operational for fifteen (15) weeks beginning the first Monday in December and ending on the third Monday in March, which for the 2023/2024 winter is December 4, 2023 through March 18, 2024. Beginning September 1, 2024, and after September 1 of each succeeding year, the City and Shelter House may mutually agree to amend the dates for the upcoming winter. If the amended number of weeks is more or less than fifteen (15) weeks, the City's financial contribution shall be prorated accordingly. The City and Shelter House shall amend this Agreement to reflect the change in dates and the prorated amount. b. Hours: The Winter Shelter shall open daily no later 8:00 pm and close no earlier than 7:00 am. c. Occupancy/Number of Beds: Shelter House shall have available a minimum of forty (40) beds every night. d. "Regular" Staffing: Shelter House shall have a minimum of two employees present during all hours of operation. e. Additional Staffing: In addition to what is described as "regular" staffing herein, Shelter House shall have an employee with brain health and crisis services expertise available during all hours of operation, whose responsibilities will be to serve the Winter Shelter exclusively. Said responsibilities include, but are not limited to: (1) Utilize motivational interviewing, trauma -informed care, de-escalation techniques, and harm reduction models to provide direct services and service coordination to guests; (2) Assess guests' needs, provide appropriate referrals, connect to area resources, and provide the appropriate level of support to each guest; (3) Deliver high quality crisis intervention and seek appropriate support to assist in difficult or emergency guest situations; and (4) Lead collaboration with Iowa City police, Iowa City fire, and ambulance services as needed for the safety of guests and'Shelter House staff. The employee will complete training approved by the City. Alternatively, Shelter House may contract for this service. f. Location. The Winter Shelter shall be located at 340 Southgate Ave., Iowa City, Iowa adjacent to Guidelink Center. g. "Overflow shelter" and Winter Shelter. The Winter Shelter is distinct from the overflow shelter located in the lobby of 429 Southgate Avenue, Iowa City, Iowa. 4. City's Financial Contribution. The City shall provide Shelter House $100,000 annually for the Winter Shelter services provided herein. The financial contribution shall increase four percent (4%) each year. Shelter House may invoice the City as follows: a. Fifty percent (50%) of the annual financial contribution any time after November 1. b. Twenty-five percent (25%) of the annual financial contribution any time after Shelter House submits the monthly report for December and the City notifies Shelter House the December monthly report is complete. c. The final twenty-five percent (25%) any time after Shelter House submits the annual report and the City notifies Shelter House the annual report is complete. The City shall pay the invoice within thirty (30) days of receipt. 5. Monthly and Annual Reports. Monthly Report. Shelter House shall provide a monthly.report to the City by the 15th day of the month for the preceding month beginning January 15, 2024, on a form provided by the City, which will be substantially similar to the draft form, which is attached, marked Exhibit A, and incorporated herein. Such reports shall include, but not limited to, the following: • Daily number of individuals sheltered at the winter shelter + Daily number of individuals housed in overflow at the emergency shelter = Total housed in the Winter Shelter and lobby overflow • Low overnight temperature • Total number of volunteer hours used to aid in the provision of Winter Shelter Annual Report. Shelter House shall provide an annual report to the City by May 1 on a form provided by the City, which will be substantially similar to the draft form, which is attached, marked Exhibit B, and incorporated herein. Such reports shall include, but not limited to, the following: • Daily number of individuals sheltered at the Winter Shelter + Daily number of individuals housed in overflow at the emergency shelter = Total housed in Winter Shelter and lobby overflow • Low overnight temperature • Total number of shelter stays accommodated during the winter season • Number of unique individuals served during the Winter Shelter (Winter Shelter and emergency lobby overflow) • Individuals served during the season now in stable housing • Total cost to provide Winter Shelter (e.g., staff, supplies, other line items) and funding sources utilized. • Total number of volunteer hours used to aid in the provision of Winter Shelter 7. Termination. The City or Shelter House may terminate this Agreement without cause any time between April 1 and August 31 by providing written notice to the other party. The City may terminate this Agreement for cause if Shelter House materially fails to comply with any term of this Agreement. The City shall be obligated to make no payment due hereunder if City has notified Shelter House, in writing, of its intent to terminate this Agreement. In the event of termination, Shelter House shall repay to the City a pro rate amount of funds disbursed to Shelter House under the terms of this Agreement based on the number of nights shelter will not be provided within thirty (30) days of receiving written notice from City of its intent to terminate this Agreement. The failure of the City to insist upon strict performance of any of the covenants or conditions of the Agreement, or to exercise any options herein conferred in any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. 8. Audits & Inspections. Throughout the term of this Agreement, all Shelter House records with respect to any matters covered by this Agreement shall be made available to the City at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in inspection reports must be fully resolved by the Shelter House within 30 days after receipt by the Shelter House to the satisfaction of the City. Failure of the Shelter House to comply with the above audit requirements will constitute a violation of this Agreement. 9. Notices. All notices required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the United States mail, postage prepaid, sent certified or registered, addressed as follows: a. If to Shelter House, to: 3 Executive Director 429 Southgate Ave. Iowa City, IA 52240 b. If to the City, to: City Attorney City of Iowa City 410 East Washington Street Iowa City, IA 52240 or to such other address or person as hereafter designated in writing by the applicable party in the manner provided in this paragraph for the giving of notices 10. Non Discrimination. Shelter House shall not permit any of the following terms and practices: A. To discharge from employment or refuse to hire any individual or to discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. B. Shelter House shall not deny to any person its services on the basis of race, creed, color, national original, religion, sex, marital status, sexual orientation, gender identity, disability, or handicap status 11. Third Party Beneficiary/Independent Contractor. The City's sole responsibility hereunder shall be to provide the funds to Shelter House in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Shelter House or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondent superior, limited or general partnership, joint venture, or any association by reason of the Shelter House's involvement with the City, nor shall the City have authority to direct the manner or means by which Shelter House conducts activities. 12. Conflict of Interest. Upon signing this Agreement, Shelter House 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. 13. Indemnification. Each party agrees to release, indemnify and hold the other party, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of 4 any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other party or their employees, officers, or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. The City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. 14. Conflict of Laws/Venue/Jurisdiction. 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. 15. Amendment. All amendments shall be in writing. 16. Severability. In the event any portion of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected thereby and shall continue to be valid and enforceable and if, for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable then such provision shall be deemed to be written, construed and enforced as so limited. 17. Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of both parties and their respective permitted successors, assigns and other legal representatives. Neither this Agreement nor the rights arising hereunder shall be assignable by either of the parties hereto to any third party without the prior written consent of the other party to this Agreement 18. Captions. The captions of the sections of this Agreement are for convenience of reference only and in no way define, limit or affect the scope or substance of any section of this Agreement. 19. Entire Agreement/Integration. This Agreement constitutes the entire agreement between the City and the Shelter House for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Shelter House with respect to this Agreement. CITY OF IOWA CITY 5 Mayor Date SHELTER HOUSE l� I A6e( Crissy ga Ili Dat Executive Director Approved: Sbk� 5'1�-)3 City Attorney's Office RE Shelter House ' Winter Emergency Shelter 2023'2O24 December Report Number ofnights with low below 3Z^F 12/1/23 Friday 0 12/2/23 Saturday 0 12/3/23 Sunday 0 12/4/23 Monday 0 12/5/23 Tuesday 0 12/6/23 Wednesday 0 12/7/23 Thursday 0 12/8/23 Friday 0 12/9/23 Saturday 0 12/10/23 Sunday 0 12/11/23 Monday 0 12/12/23 Tuesday 0 12/13/23 Wednesday 0 12/14/23 Thursday 0 12/15/23 Friday 0 12/16/23 Saturday 0 12/17/23 Sunday 0 12/18/23 Monday 0 12/19/23 Tuesday 0 12/20/23 Wednesday 0 12/21/23 Thursday 0 12/22/23 Friday 0 12/23/23 Saturday 0 12/24/23 Sunday 0 12/25/23 Monday 0 12/26/23 Tuesday 0 12/27/23 Wednesday 0 12/28/23 Thursday 0 12/29/23 Friday 0 12/30/23 Saturday 0 12/31/23 Sunday 0 Number ofnights with low below 3Z^F Winter Emergency Shelter ����I Final Report TI Date: Dates of Operation Start Date of Winter Shelter 12/4/2023 End Date of Winter Shelter 3/18/2024 Total Days of Operation 105 Number Served Total number of shelter stays accommodated during the winter season 0 Number of unique indivivals served during winter shelter season (including overflow) Number of individuals served during the season that are now in stable housing Costs to Operate the Winter Shelter Sources of Funds City of Iowa City Opportunity Fund $100,000.00 Other (please fill in) Other (please fill in) Total Sources of Funds $100,000.00 Uses of Funds Staff wages and benefits Supplies Other (please fill in) Other (please fill in) Total Uses of Funds $0.00 Staffing Number of new hires Number of existing staff Total staff hours Total number of volunteer hours used to aid in the provision of Winter Shelter 0 Weather Number of nights with low below 32°F 0 Number of nights with low below 0'F 0 Comments: Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution authorizing Animal Services Supervisor to sign acceptance on behalf of the City for a gift of life insurance benefits. Prepared By: Reviewed By: Staff Recommendation: Commission Recommendations: Attachments: Resolution Susan Dulek, First Ass't. City Attorney Geoff Fruin, City Manager Approval N/A Executive Summary: Jacqueline Flake named the Iowa City Animal Care and Adoption Center as the beneficiary of a life insurance policy. She has passed away, and the life insurance company needs a corporate resolution authorizing a person to sign a claim form on behalf of the City for acceptance of the policy benefits. This resolution authorized the Animal Services Supervisor to sign a claim form on behalf of the City. Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 23-269 Resolution authorizing Animal Services Supervisor to sign acceptance on behalf of the City for a gift of life insurance benefits. Whereas, Jacqueline Flake named the Iowa City Animal Care and Adoption Center as the beneficiary of a life insurance policy; and Whereas, Jacqueline Flake has passed away; and Whereas, the life insurance company needs a corporate resolution authorizing a person to sign a claim form on behalf of the City of Iowa City for the acceptance of the policy benefits. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: Chris Whitmore, the Animal Services Supervisor for the City of Iowa City, is authorized to sign a claim form on behalf of the Iowa City Animal Care and Adoption Center for receipt of life insurance benefits from the Atlantic Coast Life Insurance Company for a policy held by Jacqueline Flake. Passed and approved this 3rd day of October, 2023. I M Approved by: Attest: L L Ct City Clerk City Attorne s f Ice (Sue Dulek — 09/20/2023) It was moved by Taylor adopted, and upon roll call there were: Ayes: and seconded by Nays: Alter Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas the Resolution be Item Number: 6.f. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT October 3, 2023 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2023 City of Iowa City Parking Garages Maintenance and Repair Structural Project. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations: Attachments: Resolution Ethan Yoder, Civil Engineer Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $99,858.00 available in the Parking Facility Restoration Repair— Account #T3004 Approval N/A Executive Summary: This agenda item awards the construction contract for the 2023 Parking Garages Maintenance and Repair Structural project. The project generally includes: structural repair and protection improvements at the Dubuque Street and Tower Place Parking Ramps. Three (3) bids were submitted prior to the September 26, 2023 deadline. Bidder Name City Bid Amount Bi -State Masonry, Inc. Rock Island, IL $ 99,858.00 Western Waterproofing West Des Moines, IA $ 136,110.00 Company, Inc. Tricon General Construction, Cedar Rapids, IA $ 302,000.00 Inc. Engineer's Estimate $ 125,000.00 Staff recommends awarding the contract to Bi -State Masonry, Inc. of Rock Island, Illinois. Background /Analysis: This annual project addresses maintenance, rehabilitation, and repairs on the City's parking garage structures. The items within this year's annual project were either identified and programmed within the City's Five -Year Condition Review and Proposed Repair and Maintenance Master Plan, June 2020, or have manifested themselves in the past year. Project Timeline: Construction: November 2023 — June 2024 Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 Resolution No. 23-270 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2023 City of Iowa City Parking Garages Maintenance and Repair Structural Project Whereas, Bi -State Masonry, Inc. of Rock Island, Illinois has submitted the lowest responsive, responsible bid of $99,858.00 for construction of the above-named project; and Whereas, funds for this project are available in the Parking Facility Restoration Repair account #T3004. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Bi - State Masonry, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The 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 3rd day of , 2023 May 11 Approved by Attest : `� 6 L ut G City berk It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: X X X X X X Nays: City AttorneV6 Office (Liz Craig - 09/27/2023) Alter the Resolution be Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas t - Item Number: 6.g. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT October 3, 2023 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2023 City of Iowa City Parking Garages Maintenance and Repair Mechanical Project. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations: Attachments: Resolution Ethan Yoder, Civil Engineer Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $69,750.00 available in the Parking Facility Restoration Repair— Account #T3004 Approval N/A Executive Summary: This agenda item awards the contract for construction of the 2023 City of Iowa City Parking Garages Maintenance and Repair Mechanical Project. The project generally includes: stair tower HVAC improvements and associated electrical equipment at the Tower Place, Chauncey Swan, and Court Street parking ramps. Infrared scanning of electrical equipment at the Harrison Street parking ramps is also included. Two (2) bids were submitted prior to the September 26, 2023 deadline. Bidder Name City Bid Amount The Prull Group, Inc. Cedar Rapids, IA $ 69,750.00 Gerard Electric Iowa City, IA $ 81,146.00 Engineer's Estimate $ 145,000.00 Staff recommends awarding the contract to The Prull Group Inc. of Cedar Rapids, Iowa. Background /Analysis: This annual project addresses maintenance, rehabilitation, and repairs on the City's parking garage structures. The items within this year's annual project were either identified and programmed within the City's Five -Year Condition Review and Proposed Repair and Maintenance Master Plan, June 2020, or have manifested themselves in the past year. Project Timeline: Construction: November 2023 — June 2024 Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 Resolution No. 23-271 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2023 City of Iowa City Parking Garages Maintenance and Repair Mechanical Project Whereas, The Prull Group Inc. of Cedar Rapids, Iowa has submitted the lowest responsive, responsible bid of $69,750.00 for construction of the above-named project; and Whereas, funds for this project are available in the Parking Facility Restoration Repair account #T3004. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to The Prull Group Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The 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 day of 2023 Mayor Approved by/ Attest City Clerk City Attorn 's Office (Liz Craig - 09/27/2023) It was moved by Taylor adopted, and upon roll call there were: Ayes: and seconded by Alter the Resolution be Nays: Absent: X Alter X Bergus X Dunn x Harmsen X Taylor X Teague X Thomas Item Number: 6.11h. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT October 3, 2023 Resolution awarding contract and authorizing the City Engineer to sign a contract for construction of the Gilbert Street Bridge Replacement Project (BRM -3715(667)--N-52). Prepared By: Tyler Olson, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $3,744,633.10 in funds to be made available in the South Gilbert Street Bridge Project account #S3956 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Gilbert Street Bridge Replacement project. The construction cost estimate for the project was $3,200,000 and three (3) bids were received: Company Bid Amount Boomerang Corporation $ 3,744,633.10 Peterson Contractors Inc. $ 4,138,745.70 Iowa Bride & Culvert, L.C. $ 4,302,019.16 Staff recommends awarding the Gilbert Street Bridge Replacement project to Boomerang Corporation of Anamosa, Iowa. Background /Analysis: The project generally includes the removal and replacement of the existing four -lane concrete bridge with a new four -lane continuous concrete slab bridge over Ralston Creek, designed to meet local and state guidelines for traffic and pedestrians, six-foot sidewalks on both sides, and aesthetic improvements to enhance the neighborhood and views of the creek. Streambank stabilization will occur upstream and downstream of the new bridge with the addition of fabric formed concrete revetment and Class E revetment. The storm sewer will be upsized from 15" to 30" diameter RCP pipe to provide additional capacity from Court Street to Ralston Creek where ponding depths during heavy rainstorms have topped the curb. Additional water main improvements will occur immediately north of the bridge to prepare for a future project. The 2019 Biennial Bridge Inspection Program identified advanced deterioration of the bridge deck and super structure on the Gilbert Street bridge, constructed in 1972. There is significant cracking and spalling at the north bridge approach that currently requires frequent maintenance. Widespread minor damage and bank slump is noted in the channel and there is no traffic barrier separating pedestrians from vehicles. The Program recommended the bridge to be scheduled for significant repairs or full replacement. The Iowa Department of Transportation awarded the City funds for the replacement of the Gilbert Street Bridge over Ralston Creek through the Highway Bridge Program. Federally funded projects can receive reimbursement of 80% of eligible project costs, up to a limit of $1,000,000. This project was let through the Iowa DOT in March for a Spring 2023 construction start date. At the time, no bids were submitted. Based on feedback from prospective contractors, the most significant revision to the plan was to the construction schedule. The project was relet in September 2023 with a construction schedule starting in Spring 2024. Project Timeline: Construction: March 2024 to November 2024 Prepared by: Tyler Olson, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5416 Resolution No. 23-272 Resolution awarding contract and authorizing the City Engineer to sign a contract for construction of the Gilbert Street Bridge Replacement Project (BRM -3715(667)--N-52). Whereas, Boomerang Corporation of Anamosa, Iowa has submitted the lowest responsive, responsible bid of $3,744,633.10 for construction of the above-named project; and Whereas, funds for this project will be made available in the Gilbert Street Bridge Replacement account #S3956. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Boomerang Corporation, subject to the condition that awardee secure adequate bond and insurance certificates. 2. The City Engineer 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 bond and insurance certificates. 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 3rd day of October 2023 "'K� k -V__ Ma Approved b/y Attest: -t 1 �✓ �� c t� G ' City Clerk City Atto ey's Office (Liz Craig - 09/27/2023) It was moved by Taylor and seconded by Alter 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 Item Number: 6.i. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 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 Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa to provide engineering consultant services for the Taft Avenue Reconstruction Project. Prepared By: Bryan Dannen, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,035,886 available in the Taft Avenue Reconstruction Project, Account #S3959 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Agreement Executive Summary: This agreement authorizes Foth Infrastructure and Environment to provide functional, preliminary and final design services, preparation of construction documents, and limited construction services for the Taft Avenue Reconstruction Project. The project includes reconstructing Taft Avenue (American Legion Road to Lower West Branch Road) from a rural to an urban roadway with sidewalks. The project also includes on street bike lanes and new public utilities (storm sewer, water main, and sanitary sewer). Background /Analysis: Taft Avenue is currently a rural roadway with one lane in each direction with ditches. To support projected growth within the southeast quadrant of the City, the roadway and associated infrastructure needs upgrading to current minor arterial design standards. Identifying this future need, in 2015, the City prepared functional design plans for Taft Avenue (American Legion Road to Court Street) to establish design parameters and identify preliminary right-of-way needs. This project will extend the northern limits from Court Street to Lower West Branch Road. The previous functional design plans, in addition to the plans from the adjacent American Legion Road Improvements Project, will act as a baseline for the project as it progresses through design Prepared by: Bryan Dannen, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5413 Resolution No. 23-273 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 Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa to provide engineering consultant services for the Taft Avenue Reconstruction Project. Whereas, the City of Iowa City desires to improve Taft Avenue from American Legion Road to Lower West Branch Road SE; and Whereas, the project generally includes reconstructing Taft Avenue from a rural to an urban roadway with sidewalk and bike lanes; and Whereas, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Taft Avenue Reconstruction Project; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates; and Whereas, the City of Iowa City -has negotiated an Agreement for said consulting services with Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa; and Whereas, funds for this project are available in the Taft Avenue Reconstruction Project account # S3959. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1: The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content.' 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Resolution No. 23-273 Page 2 Passed and approved this 3rd day of October 2023 Mayo Approved by 117 Attest: t G City Clerk City Attorn 's Office (Sara Hektoen — 09/27/2023) It was moved by Taylor adopted, and upon roll call there were: Ayes x and seconded by Alter Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be Consultant Agreement This Agreement, made and entered into this 3rd day of October 2023 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary design, final design, and construction period services for the Taft Avenue Reconstruction Project, and; Whereas, the project consists of the reconstruction of approximately 6,600 linear feet (1.25 miles) of Taft Avenue between American Legion Road and Lower West Branch Road; and Whereas, the project objectives are to replace aging roadway and upgrade from rural to urban typical section with complete streets improvements and to construct existing water main, storm sewer and sanitary sewer upgrades; and Whereas, the project will utilize federal -aid funds from Surface Transportation Block Grant Program, let through Iowa DOT, will follow Iowa DOT Federal -aid Project Development process and Iowa DOT design criteria and specifications; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City, and; Whereas, submittals were received from consulting firms and evaluated by a selection committee, and; Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates, and; Whereas, funds are available in the Taft Avenue Reconstruction Project, Account S3959, and; Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. PROJECT MANAGEMENVADMINISTRATION General Project Management The project manager will be responsible for the development and tracking of the project plan for the project development. This includes existing data collection, task identification, staff scheduling and coordination, project communications, monthly progress reporting and invoicing and other important elements of the project. The project manager will submit progress reports 'and invoices monthly. Twice monthly, the project manager will send the City an update via email on the status of the project (e.g. tasks completed in the previous period, anticipated tasks in the coming period, schedule updates, additional work items. etc.). PROJECT COORDINATION Project Kickoff Meeting -2 - The Consultant will conduct a meeting with representatives of the City to review previous project information, establish communication plan, review schedule, risk identification and confirm project objectives and deliverables. Deliverable: Meeting minutes and project schedule Design Development Meetings The Consultant shall schedule, coordinate, and facilitate four (4) meetings with the City to review progress and discuss specific elements of the project design and receive direction from: the City. These meetings will serve to discuss City review comments and design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, the meetings will be attended by two (2) staff members of the Consultant. The following meetings are included with file scope of work: • Functional Design Phase — One (1) meeting • Preliminary Design Phase — One (1) meeting • Pre -f=inal Design and Check Plan Phase --One (1) meeting • Final Design'Phase —Cine (1) meeting Project Progress Meetings The Consultant will maintain communications with the City to review progress and discuss specific elements of the project design and receive direction from the City. The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision-making process and expedite design development. Prepare minutes of meetings and keep documentation of meeting communications. The Consultant will schedule the project design progress meetings. The meetings will be held virtually. For budget purposes, the Consultant wrill attend regularly scheduled virtual meetings through the design process that will be attended by two (2) or three (3) staff members of the Consultant. Meetings are assumed to be one (1) hour each, with an estimated occurrence of thirty-six (36) progress meetings. Utility Coordination Meetings The Consultant will schedule and conduct group meetings with all individual private utilities to address specific conflicts. All private utility companies located within the project site will be invited. It is anticipated that there will be three (3) group meetings with representatives of the various utility companies. The first will be to advise of the nature and extent of the improvements and any potential conflicts with existing utility systems, and the second/third will be preliminarylfinal design review and coordination meetings. In addition to the group meetings, the Consultant will also conduct individual utility company meetings as necessary to discuss joint utility trench options, mitigate conflicts and deteniihie design solutions with individual utilities. For budgeting purposes, an additional three (3) meetings with individual utility companies are anticipated. Individual Property Owner Meetings Due to the nature of the project, which includes, but is not limited to, impacts to driveways, gradingfretaining avails, trees; shrubs, and landscaping elements on both public and private land, it is likely there vdil be a need to meet one-on-one with some affectod property owners outside of public information meetings. The Consultant will conduct meetings with individual property owners to address issues of specific concern to adjacent properties. These meetings will be held in concert with the preliminary design development and property acquisition phases of ,the project. ©n -site meetings, phone, email or a combination of communication methods will be conducted. This will include specific discussions about access issues, changes in' circulation, potential right-of-way needs and other issues related to specific parcels. -3 - During the scheduled individual property owner meeting times, the Consultant will meet with the affected property owner to discuss the specifics of the project as it relates to their property, obtain information regarding any issues the property owner feels is important and get input regarding their expectations about the project. The information gathered at this time will be used in developing the project documents and negotiating the required right-of-way. For planning purposes, it is assumed a total of five (5) meetings with individual property owners. For reference, it is estimated that forty-seven (47) individual properties may be impacted by the project. Public Information Meetings Public Information Meetings (4 meetings): Schedule, advertise and conduct four public information meetings. These meetings will be held in an open house format, with a short presentation on the project and then time for questions and input. Scope includes two (2) attendees from Consultant for each meeting, assuming each open house is 1.5 hours in length. • Meeting #1 — Preliminary Design • Meeting #2 — Final Design/Staging • Meeting #3 — Pre -Construction (2026) • Meeting #4 — Construction Update (2027) The purpose of the meeting 1 will be to provide a brief overview of the improvements to the adjacent property owners and stakeholders, discuss the plan for improvements, and gather information on concerns, specific issues and priorities of the adjacent property owners and other affected parties. Meeting 2 will focus on the presentation of the staging concept and final design elements and provide a general update. Meeting 3 will focus on a general update on schedule and what to expect during construction. Meeting 4 will be an update on the second year of construction. The Consultant will work with the City on reserving of the meeting facility and public notifications. The Consultant will send hard copies of meeting notices to the properties abutting the project. Individual Color Parcel Exhibits The Consultant will prepare individual property acquisitions exhibits (8.5 -in by 11 -in) for each parcel which will consist of aerial imagery and show the roadway design elements, driveway access, site modifications, existing right-of-way lines, fee title right-of-way needs, permanent/temporary easement needs, and private property impacts (tree removals, landscaping adjustments, fencing, etc.). The exhibits will be labeled with key parcel information and reference individual easement square footage areas. The exhibits will be used for initial right-of-way discussions and verification in advance of the preparation of final acquisition plats. Public Education Tools The following is a list of visual materials and hands-on tools to leverage as part of the project's public involvement plan: • Public displays (will be developed for Public Information Meetings) • Frequently Asked Questions document • Project website materials and social media plan. The City website will host a dedicated page for the project. The Consultant will provide materials for posting to the project site and social media to communicate updates, schedule and improvements. DESIGN SURVEYS The Consultant will complete all required surveys for the project, including control surveys, topographic surveys, utility surveys, property ownership/research, right-of-way surveys and acquisition plat preparation for permanent fee -title right-of-way, permanent easements for -4 - retaining walls and utilities, and temporary construction easements. The Consultant shall also incorporate field survey data into an electronic base map to be used for the, design of the project, including property lines, right-of-way lines and property ownership for parcels located within the project limits. The Consultant shall perform field and office tasks required to prepare property acquisition plats deemed necessary to complete the project. Color parcel exhibits and unsigned property acquisition plats will be submitted for review to the City with the 60% plans. Following City review the Consultant will sign property acquisition plats after any necessary project updates have been made. The specific supplemental survey tasks to be performed include the following: Control Survey The Consultant will establish horizontal and vertical control for the Project area. Each permanent control point or benchmark will have horizontal coordinates and elevation, recovery information and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. Topographic Survey The Consultant will perform topographic surveys required for the development of the project. Horizontal and vertical accuracies will be adequate to produce a map that is compatible with the topographic data for incorporation into the existing mapping. Consultant will utilize mobile scanning for purposes of collecting mainline and side road topographic survey data. Any areas the mobile scanning can't reach will be surveyed with traditional methods. The final paint cloud will be provided to the City upon design completion. Utility Survey The Consultant will perform utility surveys required for the development of the project. Contact utility owners of record or the Iowa One Cali representative, request that burled utilities be marked in the field and obtain existing utility map. Establish coordinates and elevations (if possible) for utilities that fail within the limits of the project and are visible or have been marked on the ground by the utility owner. Shovel utility name and describe the utility on the plans. This task consists of field survey indicating the location of utilities within the existing right-of-way for the project. The Consultant will field locate utility+ locations established by others; excavating to expose buried utilities is not part of this contract. Utilities to be surveyed., if present, include but not be limited to phone, gas, finer optic, water main, overheadlunderground electrical, sanitary sewer and storm sewer (including power poles, pedestals, valves and manholes). This includes establishing manhole and intake elevations, inverts, and flowlines for existing sanitary, storm sewers and roadway culverts. Property Ownership and Research Research City and County records including right-of-way strip maps, subdivision plats, section corner ties, and surveys. Locate existing boundary corner monuments, and establish property lines, right-of-way lines, section lines, and easements. Prepare drawings (H -sheets) with property lines, right-of-way lines, section lines and easements within the project area as shown on the existing plats and other documents of record along with the land comer monuments and boundary corner monument's located in field. Review property ownership Information from Johnson County PIV and add property owner names to the project mapping for public display and plan preparation purposes. Right -of -Way Survey The Consultant will perform right-of-way surveys as required for the development of the project. The .right-of-way surveys will be in-depth legal surveys from which right-of-vvuy and easement exhibits are to be developed. -5 - This task includes a thorough search of City, County and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's subdivisions plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the Improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions or any other lines, indicating possession. A diligent effort must be made to iecover existing land corner monuments necessary to describe the right-of-way along the project corridor. The task includes incorporation of property lines, right-of-way lines, and ownership of properties affected by the project into the base mapping for the project. The base mapping will identify the owners and approximate boundaries of all appropriate parcels within the survey limits. Project Base Map Incorporate field surveys into an electronic base map to be used for the design of the project. Incorporate property lines, right-of-way lines, and property ownership for parcels located within the project limits into the base map. For budgetary purposes, it is assumed that forty-seven (47) parcels are within the project limits. Preparation of Legal Descriptions and Permanent ROW, Permanent Retaining Wall/Utility Easements, and Temporary Easement Exhibits The Consultant will prepare legal descriptions and parcel exhibits for right-of-way and easements to be acquired for the project. For estimating purposes, the following numbers of acquisition plats are assumed for this agreement: Permanent (l=ee -Title) Rlght-ofAlVay Acquisition Plats = 10 Permanent Retaining WalllUtility Easement = 10 Temporary Construction Easement = 45 Individual plats and legal descriptions will be prepared for each parcel with permanent and temporary acquisitions. The legal descriptions shall be metes & bounds descriptions for both permanent and temporary construction acquisitions. The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of.a duly licensed land surveyor under the laws of the State of Iona. The plats shall also be completed in accordance with the City of Iowa City requirements. For permanent acquisitions and easements, the Consultant will stake the acquisition area at the request of the City in support of the City's right-of-way negotiation process. Permanent Monumentation of Right -of -Way This task consists of monumentation of the right-of-way .acquired as part of this project which will be performed upon completion of construction of the improvements. The monumentation will comply with requirements of the Iowa Code and will be performed by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task also includes resetting existing right-of-way monumentatfon for those parcels with only a temporary construction easement. Soil Borings, Pavement Cores and Potholing Locations The Consultant will survey soil boring/pavement core locations and existing utilities that have been potholed by others. Potholing activities will be subcontracted by the Consultant. M Public Notice of Project The Consultant will prepare a :project notice letter for property owners directly adjacent to the project. This letter will provide a brief project description, notification of property surveys, anticipated schedule and contact information. The Consultant will distribute the notice letter. ENVIRONMENTAL SERVICES The Consultant will complete the following environmental services as part of the Project. The proposed tasks follow the IDOT Environmental Review process outlined in the IDOT IM Section 4.010 (Environmental Acid Permitting Process for Non -Federal -aid Projects). Wetland and Waters of the U.S. Delineation The Consultant will perform a wetland and Waters of the United States (WUS) delineation of the segment of Taft Avenue from East Court Street to Lower Branch Read. The consultant will use the delineation data collected for the American Legion Road project for the project area south of East Court Street. The delineation will use mandatory technical criteria, field indicators, and other sources of information to assess whether the project area has jurisdictional wetlands or WUS. The classification will be performed by an experienced biologist, environmental scientist, or engineer. If wetlands are present, the upper boundaries within the project area will be identified. WUS will also be identified and mapped during the delineation. The methods the Consultant will use in the dellneaton generally follow the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (2010) and the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1987). Under normal circumstances, wetlands generally have three essential characteristics: hydrophytic vegetation, hydric soils, and wetland hydrology. Work includes the following: • Assemble application information (i.e., aerial maps, soil classifications, site hydrology, vegetation type, etc.). • Perform on-site visit to gather data pertaining to the hydrophytic vegetation community, surface hydrology, and hydric soil characteristics. The following items will be performed at discrete data point locations within suspect wetland areas on-site. a Assess each stratum of vegetation (i.e., trees, saplings/shrubs, herbs, and woody vines). Vegetation will be classified by Genus species and dominance will be assessed. o Classify sail types and evaluate hydric soil indicators using shallow soil probes or spade holes. • Observe site characteristics for wetland hydrology indicators. • Utiilze a hand-held GPS unit (sub -meter accuracy) to map the location and boundaries of delineated wetlands and WUS. If heavy tree cover is present, a non -GPS surrey may be needed to identify wetland boundaries. • Prepare maps showing the delineated wetland and VVUS area(s). • Submit a Wetland and Waters of the U.S. Delineation Report containing the applicable data, wetland jurisdictional rationale, and proposed project information. Section 404 Permit Application and Mitigation Pian, if needed If wetland or WUS are impacted by the improvements, the Consultant will prepare and submit a Section 404 Permit Application containing the applicable data, wetland jurisdictional rationale, and proposed project information to the USAGE, Iowa Department of Natural Resources (IDNR) Flood Plain Section, and IDNR Sovereign Lands Section. The Consultant will prepare a Mitigation Plan for the project to address Section 404 permitting requirements. The Mitigation -7- Plan will summarize'each wetland and WUS area that will be impacted by the project based on the findings in the Delineation Report and the proposed site plan for the project. The project site is located within the primary or secondary service areas of the Byler, Cedar River Crossing, Nahant Marsh, River Products and Salt Creek Wetland and Stream Mitigation Banks. The Consultant will contact the bank/banks regarding the purchase of credits for wetland and WUS impacts. The Consultant will utilize the State of Iowa Stream Mitigation Method as a guideline for determining the quantity of WUS credits need for the project and wetland credits will be based on USAGE regulatory guidance. Design of a wetland or WUS mitigation area is not included in the scope of work. Threatened & Snelangered Species Habitat Assessment The Consultant will retain a subcontractor to perform a T&E habitat assessment of the project area. The T&E Habitat Assessment will include a review of U.S. Fish & Wildlife Service (FWS) Planning and Consultation System and the IDNR's Natural Areas Inventory database to identify species of concern and records of known occurrences. A walking survey of the project area will be conducted by a project biologist to assess the potential for T&E species. A report will be prepared to document the findings of the database search and field survey. If suitable habitat is observed for any of the identified T&E species, additional studies, such as insect surveys, acoustic surveys, emergence surreys, or botanical surveys, may be needed. Phase I Cultural Resource Survey The Consultant will retain a subcontractor to perforin a Iirmitedicursory archeological survey for review by the State Historical Preservation Office (SHPO) during the permitting process. The Phase I investigation will consist of the project area. NEPA Documentation Federal-aid projects must comply with the National Environmental Protection Act (NEPA) process and associated environmental regulations. Based on the known previously disturbed area and the proposed project concept, the appropriate level of NEPA documentation is anticipated to be a Categorical Exclusion (CE). The Consultant will prepare preliminary NEPA documentation with the anticipation of receiving CE for the project. The following scope of services will be performed for the NEPA categories teased on the Iowa Department of Transportation (Ili©T) Location and Environment CE guidance: • Noise: Evaluate whether the project will have probable significant noise impacts that may warrant special mitigation measures. The evaluation will be based on the following factors, construction of a highway on a new location; physical alteration of an existing highway which significantly changes either the horizontal or vertical alignment; or increases in the number of through-traffic lanes. The fees for this task are based on the assumption that a noise analysis will not be required. • Air Quality/ Mobile Source Air Toxins: Based on the IDOT's CE guidance, evaluation of air quality and/or Mobile Source Air Toxins is not required. • Right-of-way (ROW) Displacements: Document the number of residences and businesses that will be displaced by the project and the number of acres of permanent easements that will be required. Based on review of project area, displacements are not anticipated. • Cultural resources: Retain a sub-consultant to perform a Phase I Cultural Resource Survey to evaluate if known archeological sites or historic structures are In the proximity of the project area. • Threatened and Endangered (T&E) Species: Retain a sub-consultant to perform a T&E Habitat Evaluation, W-21 • Wetlands: Perform a wetland delineation to determine if wetlands or Waters of the United States (WUS) are within the project limits. • Recreational Areas/Wild and Scenic Rivers: Review map and aerial photograph resources to document whether recreational areas (parks, playgrounds, trails, and greenbelts) or wildlife refuges are in the proximity of the project area. Based on our previous project experience, wild or scenic rivers are not present in Iowa. I • Water Resources: Document whether the project will have probable significant water quality impacts that may warrant special mitigation measures. • Floodplain: Use the FEMA Flood Hazard Boundary Maps/ Flood Insurance Rate Maps to document if the project area is within a flood plain or floodway. • Farmland Protection: Review the zoning designation for the project area and the Natural Resource Conversation Service (MRCS) classification of the site to evaluate whether it is identified as prime farmland. Scope does not include completion of Form AD -1006 (Farmland Conversion Impact Rating) if the project will impact 5 acres or more of farmland per mile or per site. • Regulated Material Sites: Perform a database review and historic aerial photograph review to evaluate whether the project may involve the cleanup of known hazardous materials. • Construction/Detour Impacts: Document the construction/detour impacts for the project. • Prepare a CE Memo using the IDOT template. GEOTECHNICAL SERVICES Geotechnical Exploration & Analysis The Consultant will retain the services of a sub -contractor to complete geotechnical exploration along the project corridor. These services will be in general accordance with the standard specifications for subsurface investigations and design. This task includes the necessary field and office services to provide a geotechnical report for the project. Complete pavement cores and soil borings for pavement design and/or subsurface treatment design. • Pavement cores (12) with field data • Roadway borings (Mainline at 500 -ft intervals alternating EB/WB lanes) = 12 borings (10 at 10' depth and 2 at 25' depth) The purposes of the borings include determination of existing pavement sections, roadway/utility design, settlement recommendations for new roadway alignment, moisture contents, groundwater levels, and engineering analysis. The borings will include all State/City required traffic control measures including coordination, permits and arranging a utility locate through Iowa One Call. The backfilling of the boreholes will be performed following the borings and meet City requirements. This subsurface exploration will include laboratory testing, engineering analysis, pavement design and a written report. The results of the field and laboratory programs will be evaluated by the sub -consultant professional geotechnical engineer licensed in the State of Iowa. Based on the results of the evaluation, an engineering report will be prepared and include the following information: • Description of the project. • Computer generated boring logs with soil stratification based on visual soil classification. Electronic versions of boring logs will be provided to Consultant for inclusion in the plans. • Summarized laboratory data on the boring logs. • Groundwater levels observed during and shortly after completion of drilling.- • Boring location diagram. • Subsurface exploration procedures. Subsurface soil conditions. In addition, geotechnical recommendations for the project will include: • Earthwork construction_ • Expansive soil design considerations, if applicable. • Cut and fill construction. • Excavation and backfill. • Site preparation, including the suitability of the existing on-site soils for use as structural fill. • Subsurface drainage recommendations. • Subgrade preparation recommendations for grade supported pavements. • Recommendations for Portland Cement Concrete pavement thicknesses. • Subgrade cement treatment, including special provision. FUNCTIONAL DESIGN (30% PLAN SUBMITTAL) Complete functional design layout for the improvements. The primary focus will be on development of roadway geometrics, identify existing and proposed utility locations, identify right-of-way needs and develop a general staging concept to construct the improvements. The work to be performed by the Consultant under the Functional Design phase shall consist of the following tasks: Concept Statement The Consultant will prepare the Concept Statement for submission to the Iowa DOT. Develop Design Criteria The Consultant will develop and submit to the City design criteria to be used in developing the improvements. Criteria will conform to the Iowa DOT and City Standards. The criteria, at a minimum, shall include: • Functional classification and design type. • Design speed and Regulatory speed. • Design vehicles for intersection design. • Widths of parking areas and right-of-way. • Preferred Clear Zone/Acceptable Clear Zone requirements. • Provisions for pedestrians and/or bicycles. • Street lighting requirements. • Utility corridor locations. Deliverable: Design Criteria summary. Develop Typical Sections Develop typical sections for the roadway improvements. This task includes lane widths, shoulder width, curb section/type, sidewalk widths, right-of-way widths, pavement types and clear -zones. This task includes pavement and subgrade design. This task also includes identifying potential storm sewer, sanitary sewer, water main and other utility locations in the development of the typical sections. Develop Functional Roadway Geometrics Develop functional roadway geometrics including intersection return radii, sidewalk layout, and driveway locations for the project. This task also includes preparing turning design vehicle templates at each of the intersections within the project limits and reviewing intersection sight distance. Develop Horizontal Alignments and Vertical Profiles -10 - Utilizing functional roadway geometrics and design survey, develop horizontal alignments and vertical profiles for the mainline and connecting roadways. The alignments and profiles will be developed based on the technical memorandum summarizing the design criteria. Utility Research and Utility Conflict Identification The Consultant will follow the Iowa DOT utility accommodation and coordination process to determine utility coordination efforts and potential impacts. The Consultant will identify utility conflicts based upon the preliminary design layout and develop a tabulation with plan sheet exhibits for purposes working through conflict resolution. This task includes storm sewer, water main, sanitary sewer and including but not limited to all private utilities including gas, electric and communications. Underground Utility Investigation Services If deemed necessary, potholing to determine exact location of utilities (horizontally and vertically) will be completed by an independent contractor, as retained by the Consultant. The Consultant shall submit all results to the City. This service is included in the estimate of fee and shall be authorized by the City prior to proceeding. Functional Drainage Analysis/Storm Sewer Inventory existing hydrologic and hydraulic conditions and analyze the impacts the improvements will have on the area wide drainage patterns. Once the impacts have been quantified, develop storm sewer layout based on applicable standards. Water Main and Sanitary Sewer Layout Develop layout of water main improvements, including services. Identify existing sanitary sewer system extension to east for future development. Construction Staging The Consultant shall prepare a staging plan showing the major phases of work required to complete construction. The staging design shall take into consideration access to adjacent properties within project limits. The construction staging plan will also take into consideration all elements of construction including roadway, storm sewer, sanitary sewer, and water main improvements, as well as property access and private utility relocations. With refinements and acceptance by the City, the concepts developed in preliminary plans will serve as the basis for preparing the final traffic control plan in final design. Lighting It is not anticipated that corridor lighting will be part of project. It is assumed that single light poles will be located at the following intersections with Taft Ave: Court St, Cardigan Ln, and Thames Dr. The light poles will be located on MidAmerican poles and the Consultant will coordinate with MidAmerican on the location. MidAmerican will complete the electrical circuitry design and install as needed. Functional Design Plan Preparation (30% Plans) The functional design of Taft Avenue between American Legion Road and Court Street was completed in 2016. Upon assessment of 10 -foot lanes with buffered bike lanes, a joint utility trench, review of changed site conditions, and updated project limits, an updated set of 30% plans will be completed. The following set of construction drawings will include: Title and Utility Conflict Sheets (A Sheets) Typical Cross Sections (B Sheets) Plan and Profiles (D and E Sheets) Traffic Control and Staging (J Sheets) — preliminary high level staging concept Removal Plans (R Sheets) -11 - Retaining Wall Plans (V Sheets) — preliminary locations of anticipated retaining walls and heights Cross Sections (W Sheets) Budget Review The Consultant will prepare a functional opinion of probable construction cost for the project and compare the cost to the City's current Project budget. The Consultant will, if necessary, make recommendations pertaining to modifications in the Project in order to address budgetary concerns. Cost estimates will be developed as part of the 30% plan submittal and based on representative major project elements and recent bid information. Detailed quantity takeoffs will not be developed for the functional cost estimate, PRELIMINARY DESIGN (60% PLAN SUBMITTAL) Upon approval of the functional design, the design team will move forward and produce drawings with greater detail. The preliminary design phase produces a set of drawings and specifications that include information needed for the contractor to bid and construct the project. Construction Drawings Develop a set of 11 x 17 construction drawing Contract Documents. Upon completion of the approximately 60 percent complete. These documents will include: Title and Utility Conflict Sheets (A Sheets) Typical Cross Sections and Details (B Sheets) Mainline Plan and Profiles (D Sheets) Side Road Plan and Profiles (E Sheets) Detour/Temporary Pavement (F Sheets) Survey Reference (G Sheets) Right -of -Way (H Sheets) Traffic Control and Staging (J Sheets) Geometric, Staking and Jointing (L Sheets) Storm Sewer Plan and Profiles (M Sheets) Sanitary Sewer (MSA Sheets) Water Main (MWM Sheets) Wetlands (MIT Sheets) Pavement Marking and Traffic Signing (N Sheets) Lighting Layout (P Sheets) Soils (Q Sheets) Removal Plans (R Sheets) Sidewalk Plans (S Sheets) Retaining Wall Plans (V Sheets) Cross Sections (W and X Sheets) s and specifications which will serve as the preliminary plans, the design plans will be Budget Review The Consultant will prepare a preliminary opinion of probable construction cost for the project and compare the cost to the City's current project budget. The Consultant will, if necessary, make recommendations pertaining to modifications to the project scope in order to address budgetary concerns. Cost estimates will be developed as part of the 60% plan submittal and based on representative major project elements and recent bid information. Field Review City and Consultant will perform field walk and review of project area. Quality Control -12 - Each project is assigned a technical coordinator who will complete a full deliverable review, documented by the Consultant's Project Quality Management Plan document, which tracks all deliverables reviews and quality control schedule. The 60% design review includes a focused review of accuracy, technical components, completeness, constructability, safety, and design quality. Includes increased review of client -specific requirements, areas of risk, and non- standard design elements. Upon completion of the technical coordinator review, the project will I then go through an independent full deliverable review by the client team leader, also I documented in the Project Quality Management Plan document. The design team is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the 60% plan set. Preliminary Design (60% Plans) and Probable Cost Opinion Submittal and City Review Consultant shall submit drawings to the Iowa DOT and City for formal review at 60% completion. A probable cost opinion shall be prepared for this submission. Deliverable: 60% plan set and memo/documentation summarizing responses to Iowa DOT and City comments. CHECK PLANS (90% PLAN SUBMITTAL) & FINAL (100% PLANS) Based upon approved preliminary design, public informational meetings, individual property/business owner meetings and field review, the Consultant will subsequently proceed with final design, contract drawings, specifications and opinion of probable construction costs for the award of a single Contract for the construction of the improvements. Construction Drawings (Check Plan Submittal) Develop a set of 11 x 17 construction drawings and specifications which will serve as the Contract Documents. Upon completion of the check plans, the design plans will be approximately 90 percent complete. These documents will include: Title and Utility Conflict Sheets (A Sheets) Typical Cross Sections and Details (B Sheets) Estimated Quantities (C Sheets) Mainline Plan and Profiles (D Sheets) Side Road Plan and Profiles (E Sheets) Detour/Temporary Pavement (F Sheets) Survey Reference (G Sheets) Right -of -Way (H Sheets) Traffic Control and Staging (J Sheets) Geometric, Staking and Jointing (L Sheets) Storm Sewer Plan and Profiles (M Sheets) Sanitary Sewer (MSA Sheets) Water Main (MWM Sheets) Wetlands (MIT Sheets) Pavement Marking and Traffic Signing Sheets (N Sheets) Lighting Layout (P Sheets) Soils (Q Sheets) Removal Plans (R Sheets) Erosion Control (RR Sheets) Sidewalk Plans (S Sheets) Earthwork Quantities (T Sheets) Retaining Wall Plans (V Sheets) Cross Sections (W and X Sheets) Check Plan Design (90% Plans) and Probable Cost Opinion Submittal and City Review -13 - The Consultant will submit drawings and opinion of probable construction costs to Iowa DOT and City for formal review at 90% completion. Deliverable: 90% plan set, special provisions, Public Interest Findings (PIFs) and memo/documentation summarizing responses to Iowa DOT and City comments. Project Permitting The Consultant will prepare applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities, as necessary. The Consultant will prepare the following documents for the project: • IDNR Water Supply Section, Construction Permit Application • IDNR Wastewater Disposal System, Construction Permit Application • IDNR NPDES Stormwater Discharge Permit • Notice of Publication • Pollution Prevention Plan Any fees for construction permits, licenses or other costs associated with permits and approvals will be paid by City. The Consultant will prepare the permit applications and other documentation and send to City to be submitted with payment. Special Provisions Development The Consultant will prepare special provisions and PIFs for the project and submit with 90% Plans. Quality Control Each project is assigned a technical coordinator who will complete a full deliverable review, documented by the Consultant's Project Quality Management Plan document, which tracks all deliverables reviews and quality control schedule. The plans should be in a relatively complete state. All major design decisions should be made, applicable requirements shall be known and incorporated, and plans should reflect a logical and thorough plan for executing the project's intent. All major elements of design should be present, majority of details, notes, specifications, and directions should be included, cross-referenced, and complete. The technical coordinator will treat the 90% review as a complete set of plans, so that comments made at the 90% level can be incorporated into the final deliverable. Upon completion of the technical coordinator review, the project will then go through an independent full deliverable review by the client team leader, also documented in the Project Quality Management Plan document. The design team is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the 90% plan set. Construction Drawings (100% Plan Submittal) Consultant will develop 90% design documents into an updated set of 11 x 17 construction drawings and specifications. Upon completion of the final plans, the design plans will be 100 percent complete. Title and Utility Conflict Sheets (A Sheets) Typical Cross Sections and Details (B Sheets) Estimated Quantities (C Sheets) Mainline Plan and Profiles (D Sheets) Side Road Plan and Profiles (E Sheets) Detour/Temporary Pavement (F Sheets) Survey Reference (G Sheets) Right -of -Way (H Sheets) Traffic Control and Staging (J Sheets) Geometric, Staking and Jointing (L Sheets) Storm Sewer Plan and Profiles (M Sheets) Sanitary Sewer (MSA Sheets) Water Main (MWM Sheets) -14 - Wetlands (MIT Sheets) Pavement Marking and Traffic Signing Sheets (N Sheets) Lighting Layout (P Sheets) Soils (Q Sheets) Removal Plans (R Sheets) Erosion Control (RR Sheets) Sidewalk Plans (S Sheets) Earthwork Quantities (T Sheets) Retaining Wall Plans (V Sheets) Cross Sections (W and X Sheets) Submittal of Final (100%) Plan Package and Construction Cost Opinion Submittal to include drawings, specifications, quantities, and opinion of probable construction cost and will be sent to Iowa DOT. PROJECT BIDDING The project will be let through the Iowa DOT. The work tasks to be performed or coordinated by the Consultant will include the following: Plan Clarification and Addenda The Consultant will be available to answer questions from contractors prior to the letting and will issue addenda as appropriate to interpret, clarify or expand the bidding documents. CONSTRUCTION SERVICES During the construction phase, the Consultant will be perform the following services. Attend Pre -Construction Conference The Consultant shall attend the pre -construction conference with the Contractor, City, utility companies, affected entities and all interested parties to review the contract requirements, details of construction, utility conflicts and work schedule. The City will conduct the meeting and prepare and distribute meeting minutes. Shop Drawing and Submittal Review Review the Contractor's shop drawings and other required submittals for compliance with the Contract Documents. Design Interpretation Questions Answer design interpretation questions from the City, contractor, inspector, utilities, property owners and review agencies. Record Drawings Complete record drawings. Consultant will complete record drawings for City even if City performs inspection on the project. ADDITIONAL SERVICES The following services are not anticipated and are note included with the Scope of Services, but may be performed by the Consultant or subconsultant at the City's request, upon further amendment to this agreement in writing. No additional services shall be preformed until such amendment is approved. Resident Engineering/Observation _t5 - Services shall be performed in compliance with the Iowa Department of Transportation Federal - Aid Agreement for a Surface Transportation Block Grant Program Project as executed between the City and the lova Department of Transportation. • Perform daily on-site construction observation during the project construction. Monitor, evaluate, and report on completed and ongoing work as to compliance of work with the construction documents. Complete detailed field inspection of critical activities to validate Contractor compliance with plans and specifications. Compile daily reports for each working day of the project to include: a summary of work that took place, field observations, measurements, and commentary. Complete photo journal depicting progress of work daily, Daily reports will be prepared in Appia and sent to Contractor at end of each week. Once Contractor approves, daily report will be posted to DocExpress. • Documentation and rejection of non -conforming materials or workmanship. Nonconforming work will be identified by field observation, verification testing, or a review of Contractor materials testing documentation. The Consultant will inform the contractor and the City of noncompliant work and with City concurrence, direct the Contractor to take appropriate corrective action. At the discretion, and the direction of the City, the consultant will issue a non-conformance report (NCR) that will document the material or workmanship and ensure completion of corrective action. The Consultant will make recommendations for non-payment of non-Gonforming work that is not corrected to the satisfaction of the specification and the City and the Iowa DOT. • Field measurement and documentation of quanbtles. The Consultant will document field measurements of all installed quantities of contract bid items to support estimated progress payments, The Consultant will review, all measured quantities with the Contractor on a daily basis. Pay item quandties will be entered into Appia as part of each Inspector report. The processing of Contractor pay estimates in Appia wilt be performed by the City. • Attend weekly construction progress meeting with City and Contractor. • Perform materials testing as required (PCC slump and air content) for the purpose of independent verification of Contractor's quality control system. • Utilize Iowa DOT web -based applications (Appia and DocExpress) to facilitate the documentation of the project construction. Consultant will follow the format and process as established in previous projects performing resident engineeringfobservation services on behalf of City. • Final inspection and close out: The Consultant shall conduct an inspection in the company of the City to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable. Task includes assembling final project documentation, oertifications, and project audit materials in compliance with the Iowa Department of Transportation instructional Memorandum 6.110 — Final Review, Audit, and Closeout Procedures for Federal aid, Federal aid Swap, and Farm -to -Market Projects. • The Consuitant will assist the City in Construction Administration by completing the following tasks: c Aid the city in preparation of change orders as necessary. o Coordinate material testing to be performed by the City or its designated consultant retained for such purpose. o Communicate construction progress with adjacent property owners. Ili. Time of Completion The Consultant shall complete the foliowing phases of the Project in accordance with the schedule shown. • Notice to Proceed: September 2023 • Project Kick-off Meeting: Fall 2023 -16 - Design Surveys: Fall 2023 • Environmental Field Work: Fall 2023 • Concept Statement: 12/19/23 • Functional Design: October 2023 — February 2024 • Preliminary Design: April 2024 — September 2024 • Public Information Meeting #1: October 2024 • Preliminary Plans: 10/17/24 • Final Design: December 2024 — May 2025 • Public Information Meeting #2: May 2025 • Check Plans: 6/3/25 • Final Plan Package, .PDC: 8/19/25 • Letting Date: 11/18/25 • Contract Award: January 2026 • Construction: 2026-2027 If notice to proceed is given at a later date, time of completion shall be extended accordingly. Ill. Compensation for Services In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following NOT -TO -EXCEED FEE (Unit Cost(Time Charges), including any authorized reimbursable expenses, pursuant to the hourly rate sheet attached and incorporated herein. IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts'. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all 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 Project Management/Coordination 1058 $191,898 Design & Legal Surveys 856 $114,775 Environmental Services 102 $31,633 Functional Design- (30% Plan Submittal 960 $186,468 Preliminary Desi 60% Plan Submittal 1824 $288,078 Check Plans 90% Plan Submittal 1030 $171,534 Final Design 188 $38,944 Project Bidding 72 $12,556 Total not to exceed fee 6084 $1,035,886 IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts'. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all 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 -17 - 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. 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, -18 - 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. 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. Q. Standard of Care -19- 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence: shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application: shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the C For the Consultant By: By: Title: _ ayor Title: Date: 10/03/2023 Attest: "All 1V_ Oy Rra, P lktvm Aaron P. Moni . 2023.03 1 J " 35 b-m*JD Senior Client Manager Date: 9/13/23 Dave Kapliot Ap oved by- Z_ y p City Attorney's Office __I// � /2 Date FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC 2023 STANDARD HOURLY RATE SCHEDULE Classification Principal II Principal I Project Manager V Project Manager IV Project Manager III Project Manager II Project Manager I Project Engineer VII Project Engineer VI Project Engineer V Project Engineer IV Project Engineer III Project Engineer II Project Engineer I Staff Engineer IV Staff Engineer III Staff Engineer II Staff Engineer I Planner V Planner IV Planner III Planner II Planner I Classification Project Scientist III Project Scientist II Project Scientist I Technician IX Technician VIII Technician VII Technician VI Technician V Technician IV Technician III Technician II Technician I Construction Manager Ill. Construction Manager II Construction Manager I Land Surveyor V Land Surveyor IV Land Surveyor III Land Surveyor II Land Surveyor I Project Administrator II Project Administrator I Administrative Assistant REIMBURSABLE EXPENSES 1. All equipment, materials and supplies used in the performance of work on this project will be billed at cost. 2. Auto mileage will be reimbursed per the Internal Revenue Service standard mileage reimbursement rate. Field Service vehicle mileage will be reimbursed based on $0.88 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal and all other direct expenses will be invoiced at cost plus 10%. ADJUSTMENTS TO FEE SCHEDULE 1. Fee schedule effective January 1, 2023. Rates subject to change annually on January 1. Item Number: 6.j. CITY OF IOWA CITY k� COUNCIL ACTION REPORT October 3, 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 Hitchcock Design Group of Naperville, Illinois, to provide consultant services for the Terrell Mill Skate Park Redevelopment Project. Prepared By: Bryan Dannen, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $248,100 available in the Terrell Mill Skate Park Redevelopment Project - Account #R4372 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Agreement Executive Summary: This agreement authorizes Hitchcock Design Group to provide preliminary and final design services and construction services for the Terrell Mill Skate Park Redevelopment Project. The project involves renovation of the existing skate park and access paths and the addition of a bicycle pump track. Background /Analysis: The existing skate park is nearing an age where replacement is necessary for it to continue to draw skaters, as well as for improved maintenance and safety. The project will replace the aging skate park with a new skate park as well as introduce a new bicycle pump track. The addition of a bicycle pump track is expected to bring even more users to the facility. New paths will also be included for improved user access. Prepared by: Bryan Dannen, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5413 Resolution No. 23-274 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 Hitchcock Design Group of Naperville, Illinois, to provide consultant services for the Terrell Mill Skate Park Redevelopment Project. Whereas, the City of Iowa City desires to redevelop Terrell Mill Skate Park; and Whereas, the project generally includes replacing the skate park, adding a bicycle pump track, and access paths; and Whereas, the City desires the services of a consulting firm to prepare preliminary and final design and construction phase services for construction of the Terrell Mill Skate Park Redevelopment Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Hitchcock Design Group, of Naperville, Illinois, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Hitchcock Design Group, of Naperville, Illinois; and Whereas, funds for this project are available in the Terrell Mill Skate Park Redevelopment Project account # R4372. 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 3rd day of October 2023 M Approved by Attest: )� . City Clerk City Attorney' Office (Sara Hektoen — 09/27/2023) Resolution No. 23-274 Page 2 It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Consultant Agreement This Agreement, made and entered into this third day of October , 2023, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Hitchcock Design Inc. (dba Hitchcock Design Group), of Naperville, Illinois, hereinafter referred to as the Consultant. Whereas, the City desires to update the existing Terrell Mill Roller Park, including the aging skate park, adding a pump track, and to provide supporting amenities that may include walkways, drainage, skatepark, pump track, site furniture, plantings, and restoration; and Whereas, having studied these program goals, opportunities and constraints of the site, available resources, the City of Iowa City wishes to retain a consultant to develop Design Documents for Terrell Mill Roller Park; and Whereas, the City has negotiated an Agreement for said consulting services with Consultant for said services; and Whereas, funds are available in the Terrell Mill Skate Park Redevelopment Project, Account R4372. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. PRELIMINARY DESIGN SERVICES A. Program and Analysis Phase Objective: The objective is to confirm the project program, characteristics of the existing resources, probable permit requirements, owner/users and stakeholder interests and produce new maps and a program summary that will be the basis for further design. Process: Specifically, the Hitchcock Design Group team will: 1. (Meeting #1: Staff, In Person] Conduct a Kick-off and Programming Workshop with client representatives and the other project team members confirming: a. Project area ownership and access b. Goals and objectives c. Project team structure and responsibilities d. Constituent interests and jurisdictional agencies e. Available data and data gathering needs f. Budgeted costs and potential revenue sources g. Communications and decision making protocol h. Tentative schedule 2. Identify Jurisdictional Interests by discussing the project with representatives of appropriate constituent and regulatory groups. -2- 3. Collect Data for the project area and the immediate surroundings including: a. Local ordinances, development standards, pending improvement plans, zoning and land -use information b. Environmental reports, wetland and waters of the United States, and flood insurance rate map information c. Aerial photography d. Existing utility information 4. Photograph the Project Area and immediate surroundings to identify readily apparent physical conditions and patterns of use. 5. Obtain a Geotechnical Investigation Report from qualified geotechnical firms to a depth range of 5' to 20' at the locations of the proposed improvements to define: a. Strength, consolidation and bearing capacities of the existing sub -surface b. Presence of any unsuitable sub -grade materials 6. Obtain a Partial Boundary and Topographic Survey from qualified professional land surveyors, establishing horizontal and vertical ground control and locating natural features and manmade improvements. 7. Prepare a Base Flood Elevations and Floodway Determination at the 2,10, and 100 year floodplain locations within the project limits and place the locations on the topographic survey from qualified civil engineering firms. 8. Prepare Base Maps at Appropriate Scales using the inventoried data and the boundary and topographic survey. 9. Prepare a Site Analysis Plan including: a. Opportunities and constraints b. Natural resources c. Infrastructure d. Adjacent influences 10. [Meeting #2: Public] Conduct a Community Input Meeting in a facility designated by the City, gather input from attendees regarding the elements that the community would like to have in this project and record input. 11. Prepare a web -based survey for delivery to the community to obtain design input and provide summary results. 12. Prepare a written Project Program that includes: a. Administrative considerations (approvals, process) b. Project design program c. Jurisdictional factors d. Budget information e. Project Schedule 13. Review the Program and Analysis by forwarding the written Project Program and discussing with client representatives and other project team members. Deliverables: Base Maps, Written Project Program INCE B. Schematic Design Phase Objective: The objective is to reach consensus on the type, location, organization, scale, character and potential cost of specific capital improvements. Process: Following City approval of the Program and Analysis Phase, the Hitchcock Design Group team will: 1. Prepare Schematic Design Alternatives illustrating site geometry and the scale, type and organization of the project elements including: a. Vehicular and pedestrian circulation features b. Skate Park c. Pump Track d. Site Furniture e. Supporting amenities f. Landscape improvements , g. Grading and drainage h. Other items as determined by the process 2. Prepare Preliminary Engineering Recommendations including: a. Storm water management and water resources b. Sewer and water c. Electrical 3. Prepare the Schematic Design Documents including: a. Plan view drawings at an appropriate scale b. Cross sections, elevations and enlarged plan view drawings c. Perspective character sketches d. Representative photographs from other projects 4. Prepare a preliminary Construction Cost Opinion using recognized systems and unit costs in the Construction Specification Institute format. 5. Coordinate with Manufacturers for the items designated to be manufactured that can be competitively shopped, forwarding schematic plan, cost information and design criteria to and request the preparation of equipment options, presentation boards and a materials list in accordance with the Consultant's criteria. 6. [Meetings #3 & #4: Staff, 1 In Person/1 Virtual] Review the Schematic Design Documents with City at 50% (alternatives) and 100% completion milestones (preferred strategy). Prepare written summaries of discussions and update the Project Program following each meeting. 7. [Meeting #5: Recreation Advisor Board] Present Schematic Design documents to elected officials for input and recommendation to Council. 8. [Meeting #6: Public] In a facility designated by the City, prepare for and conduct the Design Input Meeting to gather input from attendees that are invited by the City. The purpose of this meeting will be to solicit thoughts, ideas and concerns about the design from the attendees and to carefully record public input. Summarize the Meeting by creating the Design Input Meeting Report, which includes raw data, attendee list and conclusions. Deliverables: Schematic Design Documents, Construction Cost Opinion, Meeting Summaries, updated Project Program -4 - FINAL DESIGN SERVICES A. Design Development Phase Objective: The objective is to reach consensus with the City on the final design, probable cost and construction strategy for the proposed improvements. Process: Following City approval of the Schematic Design Phase and/or the Master Plan Phase, the Hitchcock Design Group team will: 1. Finalize the Design including size, horizontal and vertical geometry, structure, materials and finish, as appropriate, for the proposed improvements including: a. Vehicular and pedestrian circulation features b. Skate Park c. Pump Track d. Site Furniture e. Supporting amenities f. Landscape improvements g. Grading and drainage h. Other items as determined by the process Refine the Preliminary Engineering recommendations including: a. Storm water management and water resources b. Sewer and water c. Electrical 3. Prepare the Design Development Documents including: a. Existing conditions information b. Plan view drawings c. Descriptive supplemental drawings d. Outline specifications e. Product data f. Material samples 4. Prepare a summary of estimated quantities and Update the Construction Cost Opinion. 5. [Meetings #7 & #8: Staff, 1 In Person/1 Virtual] Review the Design Development Documents with the City at the 50% and 100% completion milestones. Prepare written summaries of discussions and update the Project Program following each meeting. Deliverables: Design Development Document, Construction Cost Opinion, Meeting Summaries, updated Project Program B. Construction Documentation Phase Objective: The objective is to produce the final drawings, specifications, quantity schedules, project manual and other bid documents that will be used to competitively bid and construct the improvements. Process. Following approval of the Design Development Phase, the Hitchcock Design Group team will: 1. Finalize the Graphic Documentation that will be used to bid and construct the improvements including: a. Digital construction drawings i. Cover sheet, notes and legend ii. Existing conditions plans iii. Site preparation plans iv. Grading and drainage plans v. Storm Water Pollution Prevention plans (SWPPP) vi. Utility plans vii. Layout and materials plans viii. Landscape plans ix. Site construction details -5- 2. Finalize the Written Documentation that will be used to bid and construct the improvements including: i. General and Supplementary Conditions ii. Technical specifications 3. Prepare a summary of estimated quantities and Update the Construction Cost Opinion. 4. [Meetings #9: Staff, Virtual] Review the Construction Documents with the City at a 95% completion milestone. Prepare written summaries of discussions and update the Project Program following each meeting. 5. Perform internal Quality Management Review of the Construction Documents. Deliverables: Construction Drawings, Construction Specifications, Construction Cost Opinion, Meeting Summaries, updated Project Program C. Permitting Phase Objective: The objective is to obtain the required permits. Process: Following approval of the Construction Documentation Phase, the Hitchcock Design Group team will: 1. Prepare and assemble Permit Documents including: a. Site Development Permit Iowa City b. COSESCO /NPDES for the TEPA c. IA DNR 404/ACOE Floodplain Permit 2. Submit Permit Documents as required to the respective regulatory agencies. 3. Communicate with the City as necessary to Discuss Review Letter(s) received from regulatory agencies. 4. Make One (1) Set of Authorized Revisions to the appropriate Permit Documents and resubmit to the respective regulatory agencies. Deliverables: Permit Documents, Revisions D. Bidding and Negotiation Phase Objective: The objective is to help the client select a qualified contractor to construct the improvements. Process: Following City approval, the Hitchcock Design Group team will: 1. Provide the City with signed and sealed drawings and specifications for placement in Iowa City's online procurement system for bidding distribution and Management. 2. [Meeting #10: Staff / Prospective Bidders] Conduct a Pre -Bid Meeting for interested bidders. 3. Answer Questions and Issue Written Addenda, when appropriate, to all bidders regarding changes to or clarifications of the Contract Documents. 4. Prepare a Bid Tabulation spreadsheet from Bid Opening results recorded by Iowa City. 5. Perform Reference Checks for the apparent low bidder's references. 6. Issue a Bid Results Summary Letter. Deliverables: Bidding Documents, Addenda, Bid Tabulation, Results Summary Letter Im CONSTRUCTION PHASE SERVICES A. Construction Administration Objective:.The objective is to help the City finalize and administer the City's construction contract with the Contractor. Process: Following the City's award of the work to a Contractor, the Hitchcock Design Group team will provide these Construction Services until Final Acceptance of the work. 1. Prepare and distribute Issue for Construction (IFC) documentation including incorporation of addenda and alternate selections from the bidding process. [Construction Meeting #1: Staff / Contractor] Conduct a Pre -Construction Meeting with the City and the Contractor to review: a. Contractor mobilization and staging b. Contractor schedules c. Contractor submittals d. Responsibilities e. Communications f. Payment procedures 3. Issue Interpretations or Clarifications of the Contract Documents when requested by the City or the Contractor. 4. Prepare recommendations for construction Change Orders, as requested by: a. The City, because of a change that the City wishes to make to the scope of the Contractor's work b. The Contractor because of the discovery of job site conditions that were concealed or unknown when the Owner / Contractor Agreement was executed, as approved by the City 5. Review Submittals and Shop Drawings, product data and material samples which the Contractor is required to submit for the limited purpose of determining their general conformance with the design concept and information contained in the Contract Documents. 6. Prepare written Payment Recommendations upon review of Contractor's monthly payout applications. Deliverables: Owner / Contractor Agreement, Clarifications, Change Orders, Submittal Review, Payment Recommendations B. Construction Observation Objective: The objective is to become familiarized with the progress and quality of the Contractor's work and to determine if the work is proceeding in general conformance with the Contract Documents. Process: During construction, the Consultant will: 1. [Construction Meetings #2 -#15, #16419: Staff/ Contractor] Assuming a four-month active construction period, participate in 14 Site Meetings and 4 virtual coordination meetings with the City and the Contractor to become familiarized with the progress and quality of the Contractor's work and to determine if the work is proceeding in general conformance with the Contract Documents. 2. Prepare Field Reports of the progress meetings at the site with the City and the Contractor. Deliverables: Field Reports C. Contract Close-out Objective: The objective is to help the client close out its construction contract with the Contractor. Process: After the Contractor notifies the client that the work is Substantially Complete, Hitchcock Design Group will: -7- 1. [Construction Meeting #20: Staff / Contractor] Participate in one (1) site visit to conduct a walk through and prepare a Punch List upon substantial completion of the construction of the work documented by us. 2. Review Contract Close-out Submittals required as provided by the Contractor, such as but not limited to: a. Operating and maintenance manuals b. As -built record drawings c. Labor and material lien waivers d. Payment applications 3. [Construction Meeting #21: Staff / Contractor] Participate in one (1) site visit to conduct a walk through to verify completion of a punch list items and Establish Final Acceptance. 4. Prepare Final Payment Recommendations regarding the Contractor's request for acceptance of substantially and finally completed work. Deliverables: Punch List, Closeout Submittal Review, Final Payment Recommendation GENERAL PROJECT ADMINISTRATION The Consultant will manage the performance of the Consultant's own work throughout the term of the contract by providing the following services: A. Communications 1. Schedule, create agendas and summarize the highlights of periodic meetings 2. Rehearse, attend and present at public forums identified 3. Collect and disseminate communications from other parties 4. Periodically inform the City's representative about the Consultant's progress B. Schedules 1. Create, periodically update and distribute the project schedule 2. Coordinate the activities of staff and consultants C. Staffing 1. Select and assign staff members and consultants to appropriate tasks and services 2. Prepare and administer consultant agreements D. File Maintenance 1. Establish and maintain appropriate correspondence, financial, drawing and data files 2. Obtain appropriate insurance certificates from consultants 3. Maintain appropriate time and expense records ADDITIONAL SERVICES Consultant may provide additional services upon prior written approval in the form of a contract amendment, such as: 1. Revisions to previously -completed and approved phases of the Basic Services 2. The services of additional consultants not specified in the proposal documents 3. Meetings with the City or presentations to other parties not specified in the Basic Services 4. Services rendered after the time limitations set forth in this contract 5. Services required due to the discovery of concealed conditions, actions of others, or other circumstances beyond the Consultant's control 6. Services required to restart the project if the City suspends the Consultant's work at the City's convenience for more than 90 days during the performance of the Consultant's services 7. Preparation of segregated or multiple contract bid sets or more than one Owner / Contractor agreement 8. Services rendered after Final Acceptance of the Contractor's work. Em II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Project Phase: Estimated Dates: Estimated Duration: Program and Analysis Nov 4 weeks Schematic Design Dec -Jan 4-6 weeks Design Development Jan -Feb 6-8 Weeks Construction Documentation Feb -Mar 6-8 Weeks Permitting Dec -Jan 4-6 Weeks Bidding Mar 6 Weeks Construction Apr -Sep 18-24 Weeks Total Duration: 48-62 Weeks Note: Schedule is tentative and will be refined/updated collaboratively with the City as the process unfolds. III. Compensation for Services In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following hourly not to exceed fee, calculated according to the rates set for the below, as well as any authorized reimbursable expenses: Design Services: Program and Analysis (Inc. $29,700 Survey & Geotech) $225 Schematic Design $32,500 Design Development Phase $46,400 Construction Documentation $50,900 Phase Permitting Phase $18,200 Bidding and Negotiation Phase $4,900 Preliminary and Final $182,600 Design Hourly Not to Exceed Fee: Construction Phase Services: Construction Administration Construction Observation Contract Close-out Standard Hourly Rates: Senior Principal: $250 Principal: $225 Senior Associate: $175 Associate: $140 Junior Associate: $120 $16,500 $34,000 Construction Phase $57,300 Hourly Not to Exceed Fee: Reimbursable Expenses 1. Design Phase not to exceed expenses: $2,600 Travel (7 trips at $300/trip) _ $2,100 Printing = $ 500 Construction Phase not to exceed expenses: $5,600 Travel (17 trips at $300/trip) =$5,100 Printing = $ 500 WE 2. All equipment, materials and supplies used in the performance of work on this project will be billed at cost. 3. Auto mileage will be reimbursed per the Internal Revenue Service standard mileage reimbursement rate. 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. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information -needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to fumish 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. -10 - The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 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. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. -11- 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. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning: 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Landscape Architecture Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement -12 - 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 y _ By: Title: Mayor Date: 10/103/2023 Attest: For the Consultant 000, By: -A Title: eenior Princip itchcock Design Group Date: October 3, 2023 Approved by: City Attorney's Office Date c Item Number: 6.k. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution authorizing acceptance of Bridge Investment Program (BIP) Funds from the Iowa Department of Transportation for the Burlington Street Bridge Project and authorizing the City Manager to sign the Project Agreement. Prepared By: Jason Havel, City Engineer Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding is available in the Burlington Street Bridge Replacement Project account #S3963 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Location Map Resolution Agreement Executive Summary: This agreement authorizes the City to receive federal funding through the Bridge Investment Program (BIP). The City applied for and received $300,000 in BIP funding, which will be distributed through the Iowa Department of Transportation (IDOT). Pursuant to the terms of the agreement, the IDOT agrees to provide the funding to the City for authorized and approved costs for eligible items associated with the Burlington Street Bridge Project. This funding is expected to assist with the study, environmental review and preliminary design phases of the project. Background /Analysis: The Burlington Street Bridge Project is expected to include the following, as well as other related improvements: • Replacement of the existing Burlington Street bridges over the Iowa River with a single bridge. • Roadway improvements to Burlington Street, Melrose Avenue and Byington Road, including the conversion of Melrose Avenue and Byington Road to accommodate two- way traffic. • Repair or replacement of the pedestrian overpass over Riverside Drive. • Geometric improvements to the intersection of Grand Avenue/Burlington Street/Highway 1 and Riverside Drive/Highway 1/Highway 6. • Evaluation of the existing dam located under the Burlington Street bridge and identification of potential improvement, repair and/or replacement options. Depending on the findings of the study, modifications or replacement of the dam may be selected for inclusion in the project design and construction phases. Currently, Burlington Street/Highway 1 utilizes two bridges to cross the Iowa River, one carrying westbound traffic and the other carrying eastbound traffic. The westbound bridge is owned and maintained by the IDOT, while the eastbound bridge is owned by the City of Iowa City. The City's original Burlington Street Bridge (now carrying eastbound traffic) was constructed in 1915. It was then rehabilitated in 1986, which included deck and structural repairs. The existing eastbound concrete bridge is 342 feet in length, with a longest span of 114 feet, and is 38 feet wide. In 2021 the City performed a bridge inspection, and the resulting bridge condition was listed as "Poor" and serviceability as "Structurally Deficient". Major defects including concrete cracking, spalling, and exposure of steel reinforcing were identified and it was identified for repair or replacement. 1b887 s a ptEN��HWpv ssPs�N 0 d Prepared by: Jason Havel, City Engineer, 410 E. Washington St., Iowa City, IA 52249 (319) 356-5410 Resolution No. 23-275 Resolution authorizing acceptance of Bridge Investment Program (BIP) Funds from the Iowa Department of Transportation for the Burlington Street Bridge Project and authorizing the City Manager to sign the Project Agreement Whereas, the City of Iowa City was awarded Bridge Investment Program (BIP) planning grant funding for the Burlington Street Bridge Project; and Whereas, the Iowa Department of Transportation (IDOT) will serve as the recipient of the funding and distribute the funding to the City of Iowa City as a subrecipient; and Whereas, the Burlington Street Bridge Project is included in the City's current Capital Improvement Plan (CIP); and Whereas, the City of Iowa City expects to use the BIP funding to assist with the study, environmental review and preliminary design phases of the project; and Whereas, the City of Iowa City wishes to accept funding for the Burlington Street Bridge Project. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: City Manager is authorized to sign and the City Clerk to attest the Iowa Department of Transportation Federal -aid Agreement for a Bridge Investment Program Discretionary Project (Project No. HDP -3715(671)--71-52), in a form approved by the City Attorney. Passed and approved this 3rd day of October 2023. l M Approved by Attest: City lerk City Atto ey's Office (Liz Craig - 0912712023) It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: X X X Nays: Alter Alter Bergus Dunn X Harmsen Taylor Teague Thomas the Resolution be W July 2022 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement for a Bridge Investment Program Discretionary Project RECIPIENT: City of Iowa City Project No.: HDP -3715(671)--71-52 Iowa DOT Agreement No.: 6 -23 -BIP -026 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A.7 and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the DEPARTMENT. The RECIPIENT has received Federal funding from the United States Department of Transportation (US DOT) through the Infrastructure Investment and Jobs Act (Pub. L, 117-58, November 15, 2021) (FY 2022 Bridge Investment Program, hereinafter referred to as BIP), regarding National Infrastructure Investments, BIP Planning funds are available to create a pipeline of future bridge construction projects to improve safety, support economic competitiveness, and to provide resilient highway infrastructure that is better able to withstand the effects of climate change. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide BIP funding to the RECIPIENT for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The DEPARTMENT's contact person will be the Eastern Region Local Systems Field Engineer, Dillon Feldmann. The RECIPIENT's contact person shall be the City Engineer. 3. The RECIPIENT shall be responsible for the development and completion of the following described BIP - Planning project: A planning study to determine the feasibility of replacing two existing bridges with a single structure - In the City of Iowa City, Burlington Street/Highway 1 Bridge over the Iowa River 4. Eligible project activities will be limited to engineering costs. 5. The RECIPIENT shall receive reimbursement for costs of authorized and approved eligible project activities from BIP funds. The portion of the project costs reimbursed by BIP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount of $300,000 as stipulated in the Johnson County Council of Governments current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 6. The RECIPIENT shall pay for all project costs not reimbursed with BIP funds. 7. If the project described herein drops out of the Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds, and the RECIPIENT fails to reprogram the project in the appropriate TIP and STIP, this agreement shall become null and void. 8. All funds shall be obligated by September 30, 2025. Claims for reimbursement shall be submitted by August 1, 2030, or the amount not paid will be de -obligated by September 30, 2030. Page 2 9. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 10. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 11. This agreement and the attached Exhibit 1 constitute the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. By Title of city official Kellie Grace Geoff Truitt City Signature Block Date October 3 certify that I am the City Clerk of Iowa City, and who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue or a formal resolution duly passed and adopted by the city on the _3rd dayof October :20_23--, Signed f,. f)1 . L_� Date October 3 , 2023 City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highwa Administration By ✓ Date - October 17 .2023 MJ Ion Feldmann, P.E. Local Systems Field Engineer Eastern Region Page 3 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the RECIPIENT shall be responsible for the following: 1. General Requirements. a. The RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the RECIPIENT, the DEPARTMENT has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Gutde. Both are available on-line at: htts:11www.iowadot, ovllocai systems/ publicationslim 1pa ims.htm. The RECIPIENT shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the RECIPIENT shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the RECIPIENT shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The RECIPIENT agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements, which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department.. c. The RECIPIENT shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the RECIPIENT shall make such facilities compliant with the ADA and Section 504, which includes following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the RECIPIENT agrees to indemnify, defend, and hold the DEPARTMENT harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. e. As required by the 2 CFR 200.501 "Audit Requirements," a non -Federal entity expending $750,000 or more in Federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200, The Federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown on the first page of this agreement. If the RECIPIENT will pay initial project costs and request reimbursement from the DEPARTMENT, the RECIPIENT shall report this project on its SEFA. If the DEPARTMENT will pay initial project costs and then credit those accounts from which initial costs were paid, the DEPARTMENT will report this project on its SEFA. In this case, the RECIPIENT shall not report this project on its SEFA. f. The RECIPIENT shall supply the DEPARTMENT with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The RECIPIENT shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: The RECIPIENT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The RECIPIENT shall take all necessary and reasonable steps under 49 GFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. it. The RECIPIENT shall comply with the requirements of I.M. 5.010, DBE Guidelines. Page 4 ii. The DEPARTMENT's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the RECIPIENT of its failure to carry out its approved program, the DEPARTMENT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 at seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3) If the DEPARTMENT's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The DEPARTMENT shall provide the RECIPIENT with written notice of termination pursuant to this section. 2. Programming and Federal Authorization. a. The RECIPIENT shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The RECIPIENT shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the DEPARTMENT, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the RECIPIENT shall contact the DEPARTMENT to obtain the procedures necessary to secure FHWA authorization. The RECIPIENT shall submit a written request for FHWA authorization to the DEPARTMENT. After reviewing the RECIPIENT's request, the DEPARTMENT will forward the request to the FHWA for authorization and obligation of Federal funds. The DEPARTMENT will notify the RECIPIENT when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. c. Upon receiving FHWA Authorization, the RECIPIENT must show federal aid funding activity to receive the programmed amount authorized for the project. If there are no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the RECIPIENT knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of fund can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Federal Participation in Work Performed by RECIPIENT Employees. o. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition orother services provided byemployees of the RECIPIENT, the RECIPIENT shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. b. If the RECIPIENT desires to claim indirect costs associated with work performed by its employees, the RECIPIENT shall prepare and submit to the DEPARTMENT an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the RECIPIENT. If approved, the approved indirect cost rate shall b* incorporated bymeans ofanamendment tothis agreement. 4. Design and Consultant Services a. The RECIPIENT shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the DEPARTMENT in the Guide and applicable I.M.s. b. If the RECIPIENT requests Federal funds for consultant services, the RECIPIENT and the Consultant shall prepare acontract for consultant services inaccordance with 2JCFR Part 172.These regulations require a qualifications -based selection process. The RECIPIENT shall follow the procedures for selecting and using consultants outlined ini*i}.3U0.Federal-aid Participation inConsultant Costs. c. If Preliminary Engineering (PE) work is Federally funded, and if right-of-way acquisition or actual construction vfthe project isnot started hythe close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the RECIPIENT shall repay to the DEPARTMENT the amount of Federal funds reimbursed to the RECIPIENT for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and f nal design up through and including the preparation of bidding documents. PE does not include planning or other activities that are not intended to lead to a construction project. Examples include planning, conceptual, orfeasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The RECIPIENT shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth ini8. 3LO2O`Concept Statement |na(ruoUon%4l20.NEPA Process, 4.11K}Threatened and Endangered Species; and 4,1C!0.Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act, n, The RECIPIENT shall obtain project permits and approvals, when necessary, from the Iowa DEPARTMENT of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the DEPARTMENT, or other agencies as required. The RECIPIENT shall follow the procedures in I.M. 4.130, 404Permit Process; 414O.Storm Water Permits; 415OIowa DNR Floodplain Permits and Regulations; 4.1K}O.Highway Improvements inthe Vicinity ofAirports o/Heliports, and 4.1{K}.Asbestos Inspection, Removal, and Notification Requirements. d. In all contracts entered into by the RECIPIENT, and all subcontracts, in connection with this project that exceed $100,000, the RECIPIENT shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the RECIPIENT shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities orisunder consideration tobelisted. 6. 0ight^of-0ay.Railroads and Utilities. Page 6 a. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the DEPARTMENT's Right of Way Bureau Local Public Agency Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right-of-way activities. The RECIPIENT shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal funding for right-of-way acquisition, the RECIPIENT shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the RECIPIENT shall repay the amount of Federal funds reimbursed for right-of-way costs to the DEPARTMENT. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the RECIPIENT shall obtain agreements, easements, or permits as needed from the railroad. The RECIPIENT shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary Federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the RECIPIENT shall follow the DEPARTMENT's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal funding reimbursement. The RECIPIENT should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the RECIPIENT desires Federal reimbursement for utility costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in , Federal -aid Participation in Utility Relocations. 7. Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the DEPARTMENT, the RECIPIENT shall be responsible for the following: I. Prepare and submit the PS&E and other contract documents to the DEPARTMENT for review and approval in accordance with I M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the DEPARTMENT's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, and execute the contract documents in DocExpress. c. For projects that are let locally by the RECIPIENT, the RECIPIENT shall follow the procedures in I.M. 5.120, Local Letting Process- Federal -aid. d. The RECIPIENT shall forward a completed Project Development Certification (Form 730002) to the DEPARTMENT in accordance with I.M. 3.710, Project Development Certification Instructions. The project Page 7 shall not receive FHWA Authorization for construction or be advertised for bids until after the DEPARTMENT has reviewed and approved the Project Development Certification. e. If the RECIPIENT is a city, the RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The RECIPIENT shall not provide the contractor with notice to proceed until after receiving notice in DocExpress that the DEPARTMENT has concurred in the contract award. 8. Construction. a. A full-time employee of the RECIPIENT shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the DEPARTMENT. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary, c. For projects let through the DEPARTMENT, the project shall be constructed under the DEPARTMENT's Standard Specifications for Highway and Bridge Construction and the RECIPIENT shall comply with the procedures and responsibilities for materials testing according to the DEPARTMENT's Materials I.M.s. Available on-line at: htto:l/www.iowadot.aovlerl/current/lMlnaviaation/nay.htm. d. For projects let locally, the RECIPIENT shall provide materials testing and certifications as required by the approved specifications. e. If the DEPARTMENT provides any materials testing services to the RECIPIENT, the DEPARTMENT will bill the RECIPIENT for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The RECIPIENT shall follow the procedures in I.M. 6.000, Construction Inspection, and the DEPARTMENT's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the RECIPIENT shall submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least once every six months, but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the DEPARTMENT by August 1. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the RECIPIENT, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The DEPARTMENT will reimburse the RECIPIENT for properly documented and certified claims for eligible project costs. The DEPARTMENT may withhold up to 5% of the Federal share of construction costs or 5% of the total Federal funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the DEPARTMENT determines the RECIPIENT has been overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. After the final audit or review is complete and after the RECIPIENT has provided all required paperwork, the DEPARTMENT will release the Federal funds withheld. e. The total funds collected by the RECIPIENT for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, any special assessments made by Page 8 the RECIPIENT (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the RECIPIENT do exceed the total project costs, the RECIPIENT shall either: 1) in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the DEPARTMENT will either credit reimbursement billings to the FHWA or credit the appropriate Slate fund account in the amount of refunds received from the RECIPIENT. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the RECIPIENT shall provide written notification to the DEPARTMENT. The RECIPIENT shall follow and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal -aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The RECIPIENT may be suspended from receiving federal funds on future projects. b. For construction projects, the RECIPIENT shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. it, The RECIPIENT shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make these materials available at all reasonable times for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the RECIPIENT if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the DEPARTMENT will notify the RECIPIENT of the record retention date. e. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. Item Number: 6.1. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution authorizing the Mayor to sign and the City Clerk to attest a Cooperative Agreement between the City of Iowa City and Iowa Network Services, Inc., to collaboratively swap fiber optic transmission lines. Prepared By: Eric R. Goers, City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Cooperative Agreement Executive Summary: This is a fiber swap with the Iowa DOT. Both parties benefit from swapping excess fiber optic capacity installed by the respective parties. The City's Information Technology division negotiated the swap with representatives of the Iowa DOT. Background /Analysis: The City benefits from these swaps by quickly and cost-effectively expanding our fiber optic reach. Prepared by: Eric R. Goers, City Attorney, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5030 Resolution number. 23-27h Resolution authorizing the Mayor to sign and the City Clerk to attest a Cooperative Agreement between the City of Iowa City and Iowa Network Services, Inc., to collaboratively swap fiber optic transmission lines. Whereas, the Iowa Department of Transportation (DOT) and the City of Iowa City (City) each possess a portfolio of fiber optic lines within road right-of-way; and Whereas, when the City and the DOT both installed their fiber optic lines, they installed enough fiber to have ample room for growth in network traffic; and Whereas, both the City and the DOT have extra fiber to share with each other, efficiently and cost- effectively increasing the network reach of each party; and Whereas, the City benefits from this fiber swap by acquiring secondary fiber paths to Fire Station 4 and other locations of need; and Whereas, it is in the public interest to enter into this Cooperative Agreement with the DOT to swap fiber lines as provided in the Agreement. Now, therefore, be it resolved by the City Council of the city of Iowa City, Iowa, that The attached Cooperative Agreement between the City of Iowa City and the Iowa Department of Transportation to swap runs of fiber optic transmission lines as set out in said agreement is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached Cooperative Agreement, on behalf of the City of Iowa City, Iowa, and the City Manager, or designee, is hereby authorized to manage said Cooperative Agreement in the best interests of the City. Passed and approved this 3rd day of October M Attest: !tA"C' City Jerk P11 A ApproveZ--l' City Attw6eys Office (Sue Dulek-09127/2023) a Resolution 23-276 Page 2 It was moved bymaw and seconded by n1t 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 February 2017 IOWA DEPARTMENT OF TRANSPORTATION Cooperative Agreement For Primary Road Project County Johnson City Iowa City Project No. ITS-ITSCI690i-265-00 Iowa DOT Agreement No. 2019-16.136 Staff Action No. N/A This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Iowa City, Iowa, hereafter designated the "CITY" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to install an Intelligent Transportation System (ITS) network consisting of necessary cameras, sensors, dynamic message boards, and other related technology in the Iowa City metropolitan area of the State of Iowa to assist in traffic operations and information dissemination in and around the Iowa City area; and The DOT, as part of the ITS project, will install cameras, sensors, and other related technology within the Iowa City area on 1-80, 1-380, and U.S. 218 in and around Johnson County; and The CITY and DOT are willing to jointly participate in said project, in the manner hereinafter provided; and The CITY and the DOT previously entered into the following agreement(s) for the above referenced project: Agreement No. 2007-16-002 for an ITS Network on Interstate 60, Interstate 380 and U.S. 218 in the Iowa City and Coralville area executed by the DOT and CITY on May 18, 2007 and May 14, 2007 respectively; Addendum 2007-16-002A to allow DOT to install equipment on CITY -owned infrastructure executed by the DOT and CITY on September 7, 2007 and September 4, 2007 respectively; and Addendum 2007-16-0028 for additional fiber executed by the DOT and CITY on January 22, 2010 and January 12, 2010 respectively; and This Agreement reflects the current concept of this project which is subject to modification by the DOT; and Therefore, it is agreed as follows: 1. The DDT will: a. Provide 12 strands on 1-380 from the relocated regen but SP43 to Penn Street West Ramp "Splice ID 1". See Exhibit "A" Path 1. b. Provide 36 strands on U.S. 218 from relocated regen but SP43 to Melrose Ave "Splice LS17A". See Exhibit "A" Path 2. c. Provide 36 strands on 1-80 from relocated regen but SP43 to Coral Ridge Avenue "Splice ID 3". See Exhibit "A" Path 3. d. Continue to provide 12 strands on 1-80 from Coral Ridge Avenue "Splice ID 3" to Iowa 1 (Dodge Street) "Splice ID 7" as part of agreement 2007-16-0028. See Exhibit "A" Path 8. e. Arrange for splicing of Iowa DOT provided fiber at the following locations. See Exhibit "A". 1. Interstate 380 & Penn Street West Ramp "Splice ID 1" ii. U.S. 218 & Melrose Ave "Splice LS17A" iii. Interstate 80 & Coral Ridge Avenue "Splice ID 3" 2019-16-136_imaCity February 2017 iv. Relocated regen but SP43 v. Interstate 80 east bound On -Ramp & Dubuque Street "Splice ID 5" vi. Interstate 80 and tat Ave "Splice ID 6" vii. Interstate 80 and Iowa 1 "Splice ID 7" 2. TheCITYwill: a. Return 12 strands on Coral Ridge Avenue (formerly IA -965) allocated to the Iowa DOT as part of Agreement 2007-16-0026. See Exhibit "A" Path 4. b. Provide 2 strands on Melrose Avenue from U.S. 218 "LS17A" to Tower Place "6 S. Linn". See Exhibit "A" Path 5. c: Provide 2 strands on Dubuque Streetfrom 1-80 "Splice ID 5" to Tower Place "6 S, Linn". See Exhibit "A" Path 6. d. Provide 2 strands on Iowa 1 "Splice ID 6" from 1-80 to Tower Place "6 S. Linn", See Exhibit "A" Path 7. 3. The CITY agrees to not sell or lease any fiber optic strands designated by the DOT to the CITY to a third party, public or private. 4. The DOT will bear all costs except those allocated to the CITY under other terms of this Agreement. Maintenance 1. For DOT owned and maintained fiber: a. DOT, or an authorized contractor, shall perform all maintenance on the fiber, including any fiber locating, fiber restoration, fiber relocation, and fiber repairs that may become necessary during the term of this agreement. DOT will bear all maintenance related costs. b. In the event of a fiber cut or other need for an emergency repair, upon notification by the DOT to the CITY, the DOT shall commence to respond to correct the interruption in service. c. If the CITY, or a contractor operating under the direction of the CITY performs any activity, such as but not limited to: splicing, accessing splice cases, or any other procedure that could disrupt the passage of light in the fibers or otherwise impact the DOT's fibers, the activity must be pre - planned five (5) working days in advanced and be performed during established DOT's approved Maintenance Windows (typically midnight to 6 AM). The five (5) working day notice does not apply to emergency repairs. d. The CITY shall contact the ICN Service Desk at 515-725-4400 or 1-800-572-3940 in the event of a service interruption or to establish all Maintenance Windows to perform any activity that may impact the fiber. 2. For CITY owned and maintained fiber: a. CITY, or an authorized contractor, shall perform all maintenance on the fiber, including any fiber locating, fiber restoration, fiber relocation, and fiber repairs that may become necessary during the term of this agreement. CITY will bear all maintenance related costs. b. In the event of a fiber cut or other need for an emergency repair, upon notification by the CITY to the DOT, the CITY shall commence to respond to correct the interruption in service. c. If the DOT, or a contractor operating under the direction of the DOT performs any activity, such 2019-16-136_imaCity February 2017 as but not limited to: splicing, accessing splice cases, or any other procedure that could disrupt the passage of light in the fibers or otherwise impact the CITY's fibers, the activity must be pre - planned five (5) working days in advanced and be performed during established CITY's approved Maintenance Windows (typically midnight to 6 AM). The five (5) working day notice does not apply to emergency repairs. d. The DOT shall contact the CITY ITS Help Desk at 319-384-4357 in the event of a service Interruption or to establish all Maintenance Windows to perform any activity that may impact the fiber. General Provisions 1. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and associated subsequent nondiscrimination laws, regulations and executive orders, the CITY shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. 2. The CITY agrees to indemnify, defend and hold the DOT harmless from any action or liability directly arising from the negligent acts or omissions of the CITY, its employees, or agents to the extent permitted by Iowa Code chapter 670. The DOT agrees to indemnify, defend and hold the CITY harmless from any action or liability directly arising from the negligent acts or omissions of the DOT, its employees, or agents to the extent permitted by Iowa Code chapter 669. 3. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 4. This agreement is not assignable without the prior written consent of the DOT. 5. It is the intent of both (all) parties that no third -party beneficiaries be created by this Agreement. 6. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the CITY and DOT regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. 2019-16-136_Iowacity February 2017 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2019-16-136 as of the date shown opposite its signature below. CITY OF IOWA CITY: By: Date October 3 2023 Title: a r Kellie Grace certify that 1 am the Clerk of the City, and that _ Bruce Teague who signed said Agreement for and on behalf of the City was duty authorized to execute the same on the 3rd day of October 20 2a Signed: c.e-� City 6terk of Iowa City, Iowa. + � - • • 7I:F3S+73ifi1t�C�S:A 099MyNq.Y�Llna4x. Jim Schnoebelen 1 10123 BY: a.'' ,a'. " "" •'"' Date 20 23 James R. Schnoebelen, P.E. District Engineer District 6 2019-16-136_I0waQty � 'l ��� Iliifl. 3. ,�s�3'`" 1��>�� ■gre, Race ��I � � Rebcaletl Regm Hu15P43 �, y��.` i�y�fayl^r ��,` �, i Myo arg svialoraooaa ICyf,,�lj Rlt`7:,I�L.�ygI �yC �loaa ear o.anab smaea rApa=SAlk•l. �' I �� �w.w aN aroviaaa so-amz I11DaOT aaa •\ wa oTwlowa - z, - cin a _ eel6 14 Lia-jy 0 . ,. iiiii'' a I s68haMelmn m � 13 n"�as Poa � -f �maD loTtoima o oar Iowa oorro Iowa cW - ✓f�j� f _ bb, ' e 40 3 � PatM1 8 ' L 8 /rlIStlY Jelmn YP 38 DOT tram Ivxa Giyb Iowa OOi 250anEsIwn a Iorrz DOT bwa 'add u Iare Ciry lo1we00T �V � � .i ,' 2strenaslom I � I citymlowa oOi 1 a �j .-i �i PatM1 5 I I I I ( I I • • Item Number: 6.m. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution amending the budgeted positions in the City Manager's Office Department by renaming the Grants Manager position to Grant Management Specialist and the Administrative pay plan by adding the position Grant Management Specialist to grade 26. Prepared By: Geoff Fruin, City Manager Reviewed By: Sue Dulek, City Attorney's Office Fiscal Impact: Funds for the position were allocated to the City Manager's Office budget in the FY 2024 budget Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This resolution authorizes the City Manager's Office to proceed with hiring a Grant Management Specialist position, which was funded by the City Council with the FY 2024 operating budget. The position will help departments identify and secure grant funding, while also assisting with compliance efforts. Background /Analysis: The Grant Management Specialist position will increase capacity for the City to pursue state, federal and other sources of outside funding that support core operations and City Council strategic goals. The position will help identify grants, lead application development, convene supporting stakeholders and assist with grant compliance. The position will be situated in the City Manager's Office and work closely with all operating departments. Prepared by Geoff Fruin, City Manager, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5013 Resolution Number. 23-277 Resolution amending the budgeted positions in the City Manager's Office Department by renaming the Grants Manager position to Grant Management Specialist and the Administrative pay plan by adding the position Grant Management Specialist to grade 26. Whereas, Resolution No. 23-108 adopted by the City Council on April 4, 2023, authorized 4 budgeted positions in the City Manager's Office Department for Fiscal Year 2024 which included the newly created position of Grants Manager; and Whereas, it has been determined that the position title of Grant Management Specialist better reflects the nature and scope of the position, as well as industry norms; and Whereas, Resolution No. 21-112, adopted by the City Council on May 4, 2021 established a classification and compensation plan for Administrative, Confidential, and Executive employees; and Whereas, the duties, responsibilities and requirements of the position have been evaluated and grade 26 of the Administrative pay plan has been determined to be the appropriate classification; Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The budgeted positions in the City Manager's Office Department be amended to change the position of Grants Manager to Grant Management Specialist. 2. The Administrative pay plan be amended by adding the position Grant Management Specialist to grade 26. Passed and approved this 3rd day of October Ma Attest: �C 2� Cit Clerk 2023. Approved by City Attorney's Offic - 09/28/2023 It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: AYES: X X X X X X NAYS: ABSENT: Alter Bergus Dunn X Harmsen Taylor Teague Thomas Item Number: 6.n. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution adopting the by-laws of the Ad Hoc Truth and Reconciliation Commission. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Redmond Jones, Deputy City Manager Stefanie Bowers, Equity Director Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: TRC approved the by-laws Council Rules Committee approved an amended version of the by-laws Attachments: TRC minutes 9 7 23 (draft).pdf Rules Committee Minutes 09-26-23 By-laws approved by TRC redlined.docx Resolution By-laws Executive Summary: The Ad Hoc Truth and Reconciliation Commission (TRC) approved by-laws, and the Council Rules Committee recommends approval with four changes. By-laws for boards and commissions are not effective until Council approves them. Background /Analysis: In Resolution No. 20-228 that established the TRC, Council set forth the number of members, who is eligible for membership, and its purpose, but did not require the TRC adopt by-laws. Recently the TRC discussed the need for by-laws and approved a set at the September 7 meeting. The Council Rules Committee has reviewed the TRC proposed by-laws and recommends approval with the following four amendments: 1. Article 4 - Delete language defining who may be a member to make it consistent with Resolution No. 20-228. 2. Article 4 - Add language to clarify members must be residents of Johnson County as required by Resolution No. 20-228. 3. Article 613- Delete "unscheduled" as it implies a meeting that is called without notice to the public as required by Iowa law. 3. Article 6D - Add language to allow three members of the TRC to place an item on the agenda. September 7, 2023 Draft Ad Hoc Truth and Reconciliation Commission (TRC) Minutes Emma J. Harvat, City Hall Commissioners present: Chastity Dillard, Clif Johnson, Louis Tassinary, Chad Simmons, Marie Krebs, Lauren Merritt, Sikowis Nobiss. Commissioners not present: Eric Harris, Wangui Gathua. Staff present: Stefanie Bowers, Redmond Jones. Meeting called to order: 7:02. Reading of Land Acknowledgement: Merritt read the Land Acknowledgement. Comments on items not on the agenda: Angie Jordan invited the TRC members to an upcoming community event being held on Saturday, September 23, at the South District Market. Approval of the meeting minutes of August 24,2023: Item skipped. The minutes were not available at the time of the meeting. Commission Bylaws: After a brief discussion that clarified the revisions made by Facilitator Gonzalez and those by the City Attorney's Office (CAO), Simmons moved, and Tassinary seconded to approve the revised bylaws. This motion included removing the two sections on closed sessions as advised by the CAO. Motion passed 7-0. Better Together 2030 Plan: Cady Gerlach, Executive Director of Better Together 2023, presented the history of the project, the vision, and the guiding principles. Gerlach closed the presentation by asking the TRC to recommend that the City Council formally adopt the Inclusive Economic Development Plan. Inclusive Economic Development Plan: V Fixmer-Oraiz spoke on how community outreach and engagement was conducted, including through Strategic Doing, research, surveys, and interviews. Then went on to discuss the outreach highlights that included the demographics of those respondents and concluded with the recommendations. Strategic Doing Workshops: Time was spent crafting a "North Star Statement." The group eventually agreed on the following: How can we strategically build capacity and amplify the voices of BIPOC and ethnically oppressed Peoples in order to express their truths, all while addressing historical oppression, genocide, racism, and the need to de -construct colonial systems, ultimately creating foundations for safer spaces for healing and empowerment? The motion passed 7-0. Facilitator Work Plan for Phase One: Kearns and West will lead a fact-finding session on Wednesday, September 27, from 5-9, here at City Hall. At this session, the TRC will select focus topics, focus areas, data, and the methodology for collection. The TRC was asked to hold October 25 and 26 for a session by Think Peace on truth -telling. Announcements of Commissioners: Nobiss gave an update on the first-ever Indigenous Peoples' Day being held here in Iowa City and that tickets have gone on sale for Truthsgiving: The Truth Will Not Be Whitewashed. Adjourned: 10:02 p.m. This meeting can be viewed in its entirety at this link. CITY COUNCIL RULES COMMITTEE MEETING MINUTES September 26, 2023 Engineering Conference Room 10:00 AM Committee Members Present: Councilor Harmsen, Councilor Taylor Staff Members Present: Deputy City Manager Jones, City Attorney Goers, Assistant City Attorney Dulek, Equity Director Bowers, City Clerk Fruehling Review by-law changes: Ad Hoc Truth & Reconciliation Commission (TRC) Ad Hoc Truth & Reconciliation Commission Equity Director Bowers stated the origination came from the TRC Chair reaching out wanting to establish bylaws for the commission to assist particularly in terms of attendance noting the use of the Human Rights Commission bylaws as a template and used information from the resolution establishing the TRC. Bowers stated TRC Commissioners reviewed the draft and made minor changes. One addition was made under Article 4 Membership, Section A. by Commissioner Sikowis to add the language "including those who have direct lived experience with systemic racism". TRC Facilitator Gonzalez made an addition to the end of that language "as well as experts who support those communities". Bowers also mentioned additions regarding closed sessions made by Gonzalez that were reviewed by the City Attorney's office which did not interpret Iowa Code the same as Gonzalez and noted that to the TRC. On September 7, 2023 the TRC approved the edits made by Gonzalez minus the ones that were in conflict with the City Attorney's office. Councilor Taylor noted a typo in Article 3 Charges, Section A. under 2) truth telling — the TRC shall provide multiple "for a and". Counselor Harmsen thought it could possibly be "fora" the plural of forum. Assistant City Attorney Dulek referenced the resolution creating the TRC confirming the language should be "fora". Councilor Harmsen asked how "direct lived experience with systemic racism" is defined in Article 4 Membership, Section A. and individuals applying that are not from the BIPOC community. City Attorney Goers referenced the wording "including those" which would infer at least one or more but not all members. Goers also noted the language "also with lived experience" which would pertain to anyone, not just those from the BIPOC community. Additional discussion followed regarding the language. Goers also pointed Iowa City does not impose a requirement or racial quota in the original resolution creating the TRC or the proposed bylaws. Deputy City Manager Jones provided information on the discussion of TRC members regarding the language "lived experience". Councilor Harmsen asked if the repeat of the language "as well as experts who support those communities" needed to be removed and if there could be a preference to those experts with lived experience. Additional discussion followed regarding the language. Equity Director Bowers stated that she thought "lived experience" was a broad term and that anyone could have it. Councilor Taylor noted that "a strong preference" is open to interpretation too since there could be difference preferences within a group. Bowers noted that the language regarding the "experts" came from the TRC facilitator and not the members. Councilor Harmsen suggested language which included "a strong preference" as to not make it a requirement. City Attorney Goers stated that he and Assistant Attorney Dulek had concerns that the language in the bylaws would conflict with the language in the original resolution. Additional discussion followed regarding the language. Councilor Harmsen suggested adding a period after "as well as experts who support those communities" and striking the rest of the sentence. City Attorney Goers stated that the change would be consistent with the original resolution. Motion by Harmsen, seconded by Taylor to add a period after communities and strike the rest of the sentence to be consistent with the original resolution. Motion passed, 2-0. Equity Director Bowers questioned whether Johnson County should be added under residency to be consistent with the original resolution. City Attorney Goers clarified that in the original resolution creating the TRC Johnson County residency is required and Iowa City residency is preferred but not required if the applicant offers expertise or representation from applicants that reside outside of Iowa City, noting that the proposed bylaws only reference Iowa City residency is preferred but not required excluding the Johnson County residency being required. Goers stated it would make sense to track with the original resolution so there is no confusion. Motion by Harmsen, seconded by Taylor to add the Johnson County residency requirement to the bylaws. Motion passed, 2-0. Councilor Harmsen asked if there were any members on the TRC that were serving on another board or commission. City Attorney Goers explained that for all other boards and commissions members can only serve on one but for the TRC the original resolution states that members of other City boards and commissions are eligible to serve on the TRC. Currently there are no TRC members that serve on another board or commission. Councilor Harmsen noted there is no information regarding re -appointment for members in Article 4 Membership, Section B. which states "Members shall serve through December 31, 2024". Harmsen asked if terms could be added in the future should another Council extend that date. Assistant City Attorney Dulek stated that the Council would have to change the nature of the board from an ad hoc to a permanent board or commission. Council Taylor asked if under Article 5 Officers, Section F. which includes the functions of the Chairperson that it does not mention setting the agenda but it does in Article 6 Meetings, Section D. and should it be listed. Assistant City Attorney Dulek stated that in other bylaws it is listed both ways. Equity Director Bowers noted that the lettering of sections is incorrect and would need to be fixed. Councilor Harmsen asked for confirmation that Article 4 Membership, Section E and F were consistent with other boards and commissions and allows for commission members to discuss removal without it being automatic. Assistant City Attorney Dulek confirmed that the recommendation to City Council for removal is a board decision. City Clerk Grace explained the removal process. Equity Director Bowers noted the language in Article 6 Meetings, Section B. regarding "unscheduled meetings" stating it implies there's no agenda or notice and they just happen and asked if "unscheduled" could be removed. Moved by Harmsen, seconded by Taylor to remove the word "unscheduled". Motion passes 2-0. Councilor Harmsen asked if there was something in the bylaws that covered electronic meetings and having a quorum in person. City Attorney Goers stated the TRC is already covered by the City Attorney's office of interpretation of 21.8 of the Iowa Code so it is not necessary in the bylaws. City Attorney Goers raised one issue within Article 6 Meetings, Section D. which gives sole control of the agenda to the Chairperson or a designated representative and asked if the committee was okay with that or if they wanted to allow for a certain number of members or a majority of members to add items to the agenda as well. Additional discussion followed regarding the language. Moved by Harmsen, seconded by Taylor to have legal draft language which would allow three or more members of the commission to add an item to the agenda. Motion passed 2-0. Councilor Harmsen asked if amended bylaws always come back through City Council or if language needed to be added in Article 8 Amendments, Section A. Assistant City Attorney Dulek stated the language did not need to be added and that the standard process was for the amendments to be voted on by City Council. Moved by Taylor, second by Harmsen to approve the proposed bylaw with the recommendations as amended and forward to City Council. Motion passed 2-0. Meeting adjourned 10:57 AM BY-LAWS OFTHE AD HOC TRUTH AND RECONCILIATION COMMISSION ARTICLE 1THE COMMISSION Section A. The name of this organization is the Ad Hoc Truth and Reconciliation Commission ("TRC" or "Commission"), referred to in these By -Laws as the Commission. The Commission is authorized by the City Council Resolution Number 20-228, effective date September 15, 2020. ARTICLE 2 PURPOSE Section A. As stated in Resolution No. 20-228. Section B. The purpose of the Commission is to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for deciding and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter Movement. ARTICLE 3 CHARGES Section A. Charges of the Commission, and as stated in Resolution No. 20-228, shall include: 1) fact-finding — the TRC shall collect evidence of discrimination and racial injustice in multiple settings and compile a complete record of racial injustices that will inform and support the fundamental institutional and policy reforms necessary to address systemic racism; 2) truth - telling — the TRC shall provide multiple fora and creative opportunities for persons impacted and traumatized by racial injustice to share their stories of racial injustice and experience to be heard by the community including but not limited to city government; 3) Reconciliation —the TRC shall provide opportunity for and facilitate direct conversation among and between community members of color, white community members and representatives of various sectors in which people of color experience discrimination and injustice. ARTICLE 4 MEMBERSHIP Section A. The Commission shall consist of nine (9) members, appointed by vote of the City Council who are representative of the City's BIPOC communities and organizations, including those who have direct lived experience with systemic racism, as well as experts who support those communities. Johnson County residency is required. Iowa City residency is preferred but not required if an applicant offers expertise or representation not available from applicants who reside in Iowa City. Members of other City boards and commissions are eligible to serve on the TRC. Section B. Members shall serve through December 31, 2024. Section C. Orientation for members, including functions, duties, and responsibilities, shall be conducted by the staff assigned to the Commission. Section D. Commissioners are expected to attend all regularly scheduled meetings. The Chairperson or staff shall be notified of an absence prior to any meeting. Section E. Three (3) consecutive, unexplained absences of a member from regular meetings can result in a recommendation to the City Council from the Commission to discharge said member and appoint a new member. Section F. Six (6) consecutive absences of a member from regular meetings can result in a recommendation from the Commission to said member to examine its membership and, if necessary to resign his or her position. ARTICLE 5OFFICERS Section A. The Commission shall have two (2) officers: Chairperson and Vice Chairperson. Section B. Officers shall perform the duties set forth in these by-laws. Section C. The Chairperson and Vice -Chairperson shall be elected from the Commission's membership. Section D. Chairperson. The Chairperson, when present, shall preside at all meetings of the Commission, and include among functions to: appoint committees, represent the commission before City institutions and the community, coordinate with the facilitators, and in general, perform all duties incident to the office of the Chairperson and such other duties as may be prescribed by the members from time to time. Section E. Vice -Chairperson. Inthe absence of the Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE 6 MEETINGS The commission has the following types of meetings: regular meetings, special meetings, and work sessions. Section A. Regular meetings are opportunities to take action on agenda items, receive public comment, discuss issues, receive updates from staff, and receive member communication. At least one (1) regular meeting shall be held each month. Section B. Special meetings are meetings called to act when special circumstances require urgent action, or to focus on a specific topic. The Chairperson, Vice Chairperson, or any three (3) Commissioners may call a special meeting. Section C. Work sessions are meetings designed to discuss TRC matters in an informal manner, allowing interaction between members of the public and Commissioners. Work sessions do not culminate in action at that meeting. Actions or recommendations should be taken at either the next regular meeting or at another publicly announced date and time. Section D. Meetings shall be held in an accessible, public meeting place. Notices of meetings (agenda) for all regular and special meetings shall be posted and distributed to members and the media at least 24 hours before any meeting is held. All provisions of the State Open Meeting Law shall be followed. The Chairperson or a designated representative, shall prepare an agenda for all meetings, provided Commissioner suggestions are considered. Three (3) Commission members may have an item included on the agenda. Section E. A quorum shall consist of five (5) Commissioners. A majority of present and voting members shall be necessary to pass a motion. The Chairperson shall vote as a member. Section F. No formal action shall be taken on items not on the agenda. Section G. The rules in the current edition of Robert's Rules of Order Newly Revised shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Commission may adopt. Section H. Time shall be made available during all regular meetings for public comment on items not on the agenda. Commentators shall address the Commission for no more than 5 minutes. Commissioners shall notengage in discussion with the public concerning said items. Section I. Time shall be made available during all regular meetings for Commissioner reports of items not on the agenda. Commissioners shall not engage in discussion with one another concerning said reports. Section J. The Commission's designee shall record all activities and statements made at Commission meetings, hereafter known as minutes of the meeting. All Commission records shall be public except those excluded pursuant to Iowa Code, Chapter 22. ARTICLE 7 SUBCOMMITTEES Section A. Formation of subcommittees shall be by majority vote of the Commission in whatever subject area, or whatever number of committees, is deemed necessary. The subcommittee(s) shall consist of no more than four members. ARTICLE 8 AMENDMENTS Section A. The By -Laws can be amended at any regular Commission meeting by a majority vote, provided that the amendment has been submitted in writing to the Commission three (3) days prior to the meeting at which it is to be acted upon and such amendment is not in conflict with the Resolution No. 20-228. Prepared by: Susan Dulek, First Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 23-278 Resolution adopting the by-laws of the Ad Hoc Truth and Reconciliation Commission. Whereas, City Council established the Ad Hoc Truth and Reconciliation Commission (aka, TRC) in Resolution No. 20-228; and Whereas, the TRC approved a set of the by-laws at its meeting on September 7, 2023, but board and commission by-laws are not effective until approved by the City Council; and Whereas, the Council Rules Committee recommends adoption of the by-laws approved by the TRC with amendments. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The attached By -Laws of the Ad Hoc Truth and Reconciliation Commission are approved. Passed and approved this 3rd day of October, 2023. t M Approved by: Attest: 4��� ��•� City Clerk City AttorneA Office (Sue Dulek — 09/28/2023) It was moved by Taylor adopted, and upon roll call there were: and seconded by Alter Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas the Resolution be BY-LAWS OFTHE AD HOC TRUTH AND RECONCILIATION COMMISSION ARTICLE 1 THE COMMISSION Section A. The name of this organization is the Ad Hoc Truth and Reconciliation Commission ("TRC" or "Commission"), referred to in these By -Laws as the Commission. The Commission is authorized by the City Council Resolution Number 20-228, effective date September 15, 2020. ARTICLE 2 PURPOSE Section A. As stated in Resolution No. 20-228. Section B. The purpose of the Commission is to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for deciding and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter Movement. ARTICLE 3 CHARGES Section A. Charges of the Commission, and as stated in Resolution No. 20-228, shall include: 1) fact-finding—the TRC shall collect evidence of discrimination and racial injustice in multiple settings and compile a complete record of racial injustices that will inform and support the fundamental institutional and policy reforms necessary to address systemic racism; 2) truth - telling — the TRC shall provide multiple fora and creative opportunities for persons impacted and traumatized by racial injustice to share their stories of racial injustice and experience to be heard by the community including but not limited to city government; 3) Reconciliation —the. TRC shall provide opportunity for and facilitate direct conversation among and between community members of color, white community members and representatives of various sectors in which people of color experience discrimination and injustice. ARTICLE 4 MEMBERSHIP Section A. The Commission shall consist of nine (9) members, appointed by vote of the City Council who are representative of the City's BIPOC communities and organizations, including those who have direct lived experience with systemic racism, as well as experts who support those communities. Johnson County residency is required. Iowa City residency is preferred but not required if an applicant offers expertise or representation not available from applicants who reside in Iowa City. Members of other City boards and commissions are eligible to serve on the TRC. Section B. Members shall serve through December 31, 2024. Section C. Orientation for members, including functions, duties, and responsibilities, shall be conducted by the staff assigned to the Commission. Section D. Commissioners are expected to attend all regularly scheduled meetings. The Chairperson or staff shall be notified of an absence prior to any meeting. Section E. Three (3) consecutive, unexplained absences of a member from regular meetings can result in a recommendation to the City Council from the Commission to discharge said member and appoint a new member. Section F. Six (6) consecutive absences of a member from regular meetings can result in a recommendation from the Commission to said member to examine its membership and, if necessary to resign his or her position. ARTICLE 5 OFFICERS Section A. The Commission shall have two (2) officers: Chairperson and Vice Chairperson. Section B. Officers shall perform the duties set forth in these by-laws. Section C. The Chairperson and Vice -Chairperson shall be elected from the Commission's membership. Section D. Chairperson. The Chairperson, when present, shall preside at all meetings of the Commission, and include among functions t o : appoint committees, represent the commission before City institutions and the community, coordinate with the facilitators, and in general, perform all duties incident to the office of the Chairperson and such other duties as may be prescribed by the members from time to time. Section E. Vice -Chairperson. In the absence of the Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE 6 MEETINGS The commission has the following types of meetings: regular meetings, special meetings, and work sessions. Section A. Regular meetings are opportunities to take action on agenda items, receive public comment, discuss issues, receive updates from staff, and receive member communication. At least one (1) regular meeting shall be held each month. Section B. Special meetings are meetings called to act when special circumstances require urgent action, or to focus on a specific topic. The Chairperson, Vice Chairperson, or any three (3) Commissioners may call a special meeting. Section C. Work sessions are meetings designed to discuss TRC matters in an informal manner, allowing interaction between members of the public and Commissioners. Work sessions do not culminate in action at that meeting. Actions or recommendations should be taken at either the next regular meeting or at another publicly announced date and time. Section D. Meetings shall be held in an accessible, public meeting place. Notices of meetings (agenda) for all regular and special meetings shall be posted and distributed to members and the media at least 24 hours before any meeting is held. All provisions of the State Open Meeting Law shall be followed. The Chairperson or a designated representative, shall prepare an agenda for all meetings, provided Commissioner suggestions are considered. Three (3) Commission members may have an item included on the agenda. Section E. A quorum shall consist of five (5) Commissioners. A majority of present and voting members shall be necessary to pass a motion. The Chairperson shall vote as a member. Section F. No formal action shall be taken on ,items not on the agenda. Section G. The rules in the current edition of Robert's Rules of Order Newly Revised shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Commission may adopt. Section H. Time shall be made available during all regular meetings for public comment on items not on the agenda. Commentators shall address the Commission for no more than 5 minutes. Commissioners shall not engage in discussion with the public concerning said items. Section I. Time shall be made available during all regular meetings for Commissioner reports of items not on the agenda. Commissioners shall not engage in discussion with one another concerning said reports. Section J. The Commission's designee shall record all activities and statements made at Commission meetings, hereafter known as minutes of the meeting. All Commission records shall be public except those excluded pursuant to Iowa Code, Chapter 22. ARTICLE 7 SUBCOMMITTEES Section A. Formation of subcommittees shall be by majority vote of the Commission in whatever subject area, or whatever number of committees, is deemed necessary. The subcommittee(s) shall consist of no more than four members. ARTICLE 8 AMENDMENTS Section A. The By -Laws can be amended at any regular Commission meeting by a majority vote, provided that the amendment has been submitted in writing to the Commission three (3) days prior to the meeting at which it is to be acted upon and such amendment is not in conflict with the Resolution No. 20-228. Item Number: 9.a. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution approving project manual and estimate of cost for the construction of the Iowa City Senior Center Exterior Building Envelope Preservation, Restoration and Rehabilitation Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Reviewed By: Fiscal Impact: Commission Recommendations: Attachments: Resolution Ben Clark, Sr. Engineer 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 $1,910,000 available in the Senior Center Facility Exterior Improvements account #K1001 Approval N/A Executive Summary: This project 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. 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): 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 Item: 9.a PRESENTATION TO FOLLOW: By: Pete Franks, The Franks Design Group, PC • wr®��� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org The Iowa City Senior Center — Exterior Building Envelope Preservation, Restoration, and Rehabilitation Project City Council Public Hearing 3 October 2023 The Franks Design Group, PC It' Project summary and background Architectural chronology Initial Assessment (masterplan) 2020 Project scoping report Bidding documents Cost Estimate Phase I I door and window project Questions & Answers The Franks Design Group, PC � \� � � w x «a» .. \\\.: (©� S �\;}�\�\: �/�� \ «2� �— .. � yt � �. .»^ 7�� i� 7 f All InvIL - r The Franks Design Group; PC Historic Preservation The Franks Design Group, PC Project summary and background The Franks Design Group, PC .f The Franks Design Group, PC Architectural chronology The Franks Design Group, PC E. IOWA AV. E. WASOIN fON a I W rJ E. IOWA w �39tw- A^.— a l , < .� ®�q ` A ©' of 1 IF a" .. <, f �.. • BT, —J i r I p >r Fe x � Neu A xd� t ..d L NIU e N F N A<. N. efG<v TN > P Le LLNN ST R££T. PLF VATION L } E /xC .oe, Tr lY aJUG a//•....>, iY.e.,.a. >•ea OJ ,O y A.I.rg I eta• h4P eaaZw, £ .Nnry,nN.i �daw>sN � e •T F� - 5 Ont G A Ln,e / hNnnnavue.x x C CD . I O � ! o M Id AI 1� Episode 2 construction 1930-31 The Franks Design Group, PC 4 The Franks Design Group, PC I The Franks Design Group, PC f �� sF�� ,x�x,oF+n.','� �vPaz= � v ram. t/� N o Pn 4 <ms e-N-�.��_ 4A�rty3f i i I �_ _ PARAPET UPPER CORNICE ROOF STRUCTUREJ - LOWER CORNICE FLOOR STRUCTURE BRICK BACKUP LIMESTONE VENEER The Franks Design Group, PC Listed in The National Register of Historic Places -1979 The Franks Design Group, PC L2� r^nau � mf Ls:nuw:w;-�ii\ Pu-•�° � I:v s.• �1._w•__, w ,: a •.. � 0 N 0 F L 0 0 fl P L A N 1 Episode 3— Adaptive use to Iowa City Senior Center -1979-81 IMF JIM The Franks Design Group, PC 1= JIM The Franks Design Group, PC Major projects since 1981 Senior Center conversion: Fire sprinkler and ceilings -1999 Boiler replacement- 2008 Roof replacement and assorted masonry repairs - 2010 The Franks Design Group, PC Physical assessment findings The Franks Design Group, PC I Vs Ak`Y The Franks Design Group, PC The Franks Design Group, PC ss ma lu l � � I awete�rs Mello vows I d',' 11� ■YY' " Project scope of work The Franks Design Group, PC SCOPE OF WCW SUMMARY OTHF wMFK aINNU 47NFMN7u OCCUMENTs. IOWA CITY SENIOR CENTER EXTERIOR BUILDING ENVELOPE PRESERVATION, RESTORATION, AND REHABILITATION PROJECT 28 SOUTH LINN STREET IOWA CITY, IOWA CONSTRUCTION DOCUMENTS 19 SEPTEMBER 2023 SHEET INDEX UJ- �L nIDOUALINN $T. rvncu svx®ise N-1 .oraawrr ��• me- pj aTElllN .B..m �Y-.._ .meq •re•�. m,.,��., v ., v OWA CITY x`H ery SENIOR r Him CENTER i4w II e SCOPE OF WCW SUMMARY OTHF wMFK aINNU 47NFMN7u OCCUMENTs. IOWA CITY SENIOR CENTER EXTERIOR BUILDING ENVELOPE PRESERVATION, RESTORATION, AND REHABILITATION PROJECT 28 SOUTH LINN STREET IOWA CITY, IOWA CONSTRUCTION DOCUMENTS 19 SEPTEMBER 2023 SHEET INDEX UJ- �L nIDOUALINN $T. rvncu svx®ise N-1 .oraawrr ��• aTElllN OWA CITY x`H ery SENIOR r Him CENTER W7 as Ns EETERIORBUILDING ENVELOPE M.a ocrnu PRESERVATION, TI 1�11.1 RESTORATION, AND REHABILITATION PROJECT .rsxusrmmue.xmes nIDOUALINN $T. rvncu svx®ise N-1 IOWA CITY, IOWA I..G s ew[R� OY.s rinw.vw ery wneH"m"m r Him CONSTRUCTION OOCJMENTS I I TI 1�11.1 nN"MM 1 E s rTemeen aza Crs SCOPE OF WORK SUMMARY: REPAIR, RESTORATION AND REHABILITATION OF THE EXTERIOR ENVELOPE AT AN EXISTING HISTORIC (CIRCA 1929) BUILDING. DISMANTLE AND RECONSTRUCT EXISTING LIMESTONE PARAPET PIERS TO CORRECT FOR OUT -OF -SQUARE AND OUT -OF -PLUMB CONDITION. RECONSTRUCT WITH REINFOCED CMU CORES.RE-USE EXISTING STONE EXCEPT WHERE DAMAGEDIDETERIORATED BEYOND REPAIR_ DISMANTLE AND RECONSTRUCT EXISTING LIMESTONE BALUSTER PARAPET SEGMENTS - REPLACE BALUSTER ELEMENTS WHERE DAMAGED AND DETERIORATED - REUSE BALLUSTERS WHERE FEASIBLE. INSTALL NEW MEMBRANE ROOF TERMINATION AT RECONSTRUCTED PIERS AND BALLUSTERS. AT FULL EXTERIOR LIMESTONE: PERFORM LIMESTONE VENEER RESTORATION - REMOVE AND REPLACE PANELS THAT ARE DAMAGED OR DETERIORATED BEYOND REPAIR_ AFFECT REPAIRS AT DAMAGED STONE VENEER PANELS. POINT ALL HEAD, BED JOINTS, AND OTHER MORTAR JOINTS PERFORM CHEMICAL CLEANING OF ALL EXTERIOR STONE USING A SPECIFIED RESTORATION CLEANING AGENT. OTHER WORK AS INDICATED IN THE CONTRACT DOCUMENTS. The Franks Design Group, PC The Franks Design Group, PC QY �i p 1��, f, Intal io - - Historic Preservation Commission 40 ii,,.,.�I wAL..... .-I.n,.. 1.,.. - a CERTIFICATE OF APPROPRIATENESS HPC2%AM 28S=d Lfoo Sheet On )une 13, 21123, the Chair of the Iota City I listoric Preurvaoon Commission and staff conducted an Intermediate review and approved a Certificate of Appopriaurfczs for the proposed repair and reconstruction project at 28 South Jinn Street, the Old Post Office (mow Senior Center), a Jneal I listorie I a dmark property in the Iowa City Downtown I listorie District. "d}rc pmpxoscd project includes the following • The deconsuucmon and reconstruction of existing limestone parapet piers. Bruck ern replaced with C\It; core. Stone that is damaged beyond repair will be replaced with matching stone, • 'Ihc decorttmetim, and ccoritruction of the existing fimestonc parapet balustrade. Stone that is damaged beyond repair will be replaced with matching some or east stone, • lime: ton¢ vemcr repair, chemical cleaning and pointing Stone vewer that is damaged beyond repair will be replaced with matching stone. No abusive cleaning techniques are approved. A mortar, appropriate for the limestone, will be used, • A water repellant coating will be installed on the horizontal surfaces of the main comice, • Repair and painting of the historic wtrod trim at the main entries and windows, • Replacement of the modern windows with new windrows matching the appearance of the historic multi -fight condition, • Replacement of the storefront doors and other metal doors on the exterior of the building. Drawings and infrenumon about the water repellant coating are attached. The Chair and staff find that the proposed work merits the Iowa City I lictrrie Preservation (iunklines. The project, as stated in the application, is approved, as prodded in City Code Section 14-W-2. Any additional w nrk that falls under the punie , of the I lictoric Preservation Cmmmiuuon that is not specified in this certificate will need a separate review. I listrie gee", Approval docs not constitute final appmtal for a project. Contact the Budding Depanmernt to determine if a building permit is required to rami out the project. The I listorie Preservatiom Commissirm does not review applicitisms for compliance with zoning ordinance and budding, code lit, � Ktt'in M d. (:hair Iowa City I listorie Preservation Commissvm fess,cr Bristow, l lisuadc Preservation Planner Depanmenr of Dnclopment Services 6/13/2023 Date Estimated costs, schedule, and looking ahead The Franks Design Group, PC Estimated construction costs: $ 1,910,000.00 Schedule: Pre-bid meeting —10/17/23 Bid opening -11/7/23 On-site work — spring/summer/fall 2023 Phase 11 —door and window project ($ 702,000.00) Bid —summer 2024 Install —spring/summer 2025 The Franks Design Group, PC Questions? The Franks Design Group, PC Pete Franks The Franks Design Group, PC Glenwood, IA 712-527-3996 pete@franksdesigngroup.com Thank You! The Franks Design Group, PC PRESENTATION CONCLUDED CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 23-279 Resolution approving project manual and estimate of cost for the construction of the Iowa City Senior Center Exterior Building Envelope Preservation, Restoration and Rehabilitation Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Senior Center Facility Exterior Improvements account #K1001. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 7th day of November, 2023. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 21s' day of November, 2023, or at a special meeting called for that purpose. Passed and approved this 3rd day of October , 2023. C M Approved by Attest: City Clerk City Attorrxy's Office (Liz Craig - 09/27/2023) Resolution No. 23-279 Page 2 It was moved by Taylor adopted, and upon roll call there were: Ayes: x x x x x x and seconded by Alter the Resolution be Nays: Absent: Alter Bergus Dunn x Harmsen Taylor Teague Thomas Item Number: 9.d. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution authorizing the Mayor to sign an Agreement by and between the City of Iowa City and Utility Service Partners Private Label, Inc., d/b/a Service Line Warranties of America, to use the City logo for the solicitation of water, sewer, and internal plumbing emergency service plans. Prepared By: Ron Knoche, Public Works Director Reviewed By: Jon Durst, Water Superintendent Liz Craig, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Marketing Agreement Executive Summary: Water and sewer utility service lines and interior plumbing and drainage lines are privately owned and must be repaired at a property owner's expense. Emergency repairs can be unexpected and expensive. Sometimes homeowners' insurance covers these repairs, but not in every instance. Staff has proposed an ordinance amendment that will prohibit the partial repair of lead water service lines and require replacement with lead-free materials. The proposed ordinance change will increase the costs for certain water service line repairs by requiring full replacement. This resolution will approve a marketing agreement between the City and Service Line Warranties of America ("Company") to allow the Company to use the City logo on mailed solicitations for optional service line repair plans to Iowa City property owners. The marketing, customer service, and repairs will be managed entirely by the Company. Background /Analysis: Utility connections are made to homes via service lines. Iowa City allows the connection of service lines for public water and sewer services. The service lines are pipes conveying drinking water to or sewage from the home. Service lines are privately owned, meaning the property owner is responsible for all costs associated with the service lines. Many property owners are unaware they own the service lines or what function these service lines perform. As homes and infrastructure age, failures become more likely. When service lines fail, property owners experience a service interruption, and generally receive information from the City explaining ownership and the need to repair the service. Failures, information on ownership, and the costs of repair may be all unexpected. Additionally, the existing water or sewer service may be of a material known to be harmful to human health (lead water service pipes) or of a material prone to complete failure (Orangeburg sewer line). Staff has proposed an ordinance amendment that will prohibit the partial repair of lead water service lines and require replacement with lead-free materials. The proposed ordinance change will increase the costs for certain water service line repairs by requiring full replacement. Sometimes homeowners' insurance covers the costs of these types of repairs, but not in every instance. To provide property owners with an option to limit the financial impact of a broken service line and help plan for this expense, staff sought an optional service program that would help property owners plan for the unexpected cost of these types of repairs. The National League of Cities and Iowa League of Cities have endorsed the Company as a service line repair plan provider. This agreement is for the use of the City logo on the solicitations as a means to increase participation by providing legitimacy. The marketing, customer service, and repairs will be managed entirely by the Company. The City will have review authority of the solicitations prior to mailing and will include information within the solicitations to educate homeowners about service lines, the impacts of lead on human health, and to consult with their homeowner's insurance providers. The Company's service solicitation will be made at no financial cost to the City. The City will receive brand and license fees for the use of the City logo and as a percentage of the premiums, respectively. The City intends to use these revenues to fund a lead reduction program. The timing of this agreement is intended to make the existence of these optional repair plans known to property owners before the effective date of the proposed service line ordinance amendment on January 1, 2024. f Prepared by: Ron Knoche, Public Works Director, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138 0! , C� Resolution No. 23-280 Resolution authorizing the Mayor to sign an Agreement by and between the City of Iowa City and Utility Service Partners Private Label, Inc., d/b/a Service Line Warranties of America, to use the City logo for the solicitation of water, sewer, and internal plumbing emergency service plans. Whereas, water and sewer service lines are privately owned underground pipes that connect homes or buildings to the City's public mains; and Whereas, water and sewer service lines also include stop boxes, clean -outs, pipes, tapping saddles, sleeves, connectors, and valves between the public mains and the point of service or building served; and Whereas, property owners may not understand the service lines are privately owned; and Whereas, the cost of repair for service lines is a burden on property owners; and Whereas, staff has proposed a Code update to prohibit the repair, of lead water service lines and require full' replacement of such lines with lead-free materials; and Whereas, the City desires to provide residents with educational information and a means to reduce unexpected costs associated with service line repair; and Whereas, Utility Service Partners Private Label, Inc., d/b/a Service Line Warranties of America ("Company") is endorsed by the National League of Cities and Iowa League of Cities; and Whereas, the City would like to contract with the Company to market and administer optional water, sewer, and internal plumbing emergency service plans and allow the Company to use the City's logo in its solicitations; and Whereas, the solicitation of the Company products will include educational information and recommendations to check other insurance providers; and Whereas, the City will receive funds from the Company for the use of the logo and for property owner participation; and Whereas, the City intends to use these funds to assist homeowners reduce, their exposure to lead; and Whereas, the efforts of the Company will be at no cost to the City. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: 1. The Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor is authorized and directed to sign the attached Agreement. 3. The City Manager is authorized to execute amendments to this contract as they may become necessary. Resolution No. 23-280 Page 2 Passed and approved this 3rd day of October , 2023. l r 1) Approved by 1/ Attest: ' ' City Clerk City Attor y's Office (Liz Craig - 09/28/2023) It was moved by Bergus and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: x X A x x pwengVmasters\ConsuRAgAoc Nays: Absent: Alter Bergus x Harmsen Taylor Teague Thomas Dunn MARKETING AGREEMENT This MARKETING AGREEMENT ("Agreement") is entered into by and between the City of Iowa City, Iowa ("City"), and Utility Service Partners Private Label, Inc. d/b/a Service Line Warranties of America ("Company"), a Delaware corporation with its principal office in Norwalk, Connecticut, herein collectively referred to singularly as "Party" and collectively as the "Parties". This Agreement shall be effective on the last signature date set forth below ("Effective Date"). RECITALS: WHEREAS, sewer and water line laterals between the mainlines and the connection on residential private property are owned by individual residential property owners residing in the City ("Property Owner"); and WHEREAS, City desires to inform Property Owners of the opportunity, but not the obligation, to purchase a service plan and other similar products set forth in Exhibit A or as otherwise agreed in writing from time -to -time by the Parties (each, a "Product" and collectively, the "Products"); and WHEREAS, Company, a subsidiary of HomeServe USA Corp., is the administrator of the National League of Cities Service Line Warranty Program and desires to make the Products available to Property Owners subject to the terms and conditions contained herein; and WHEREAS, the City utilizes various imagery and logos which constitute the brand image by which the City is known to the public ("Marks"); and WHEREAS, Company wishes to obtain a non-exclusive license for it to use City's logo in connection with Company's business, and the City is willing to grant a non-exclusive license in connection with the Company's business provided that Company agrees to comply with the terms and conditions of this Agreement; and WHEREAS, Company is an independent entity, not an agent or representative of the City, and it is vital to the culture, reputation, and manner of conducting City business that the Company comply with certain policies and standards pursuant to this Agreement; and NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows: 1. Purpose. City hereby grants to Company the right to offer and market the Products to Property Owners subject to the terms and conditions herein. 2. City Obligations. Grant of License. City hereby grants to Company a non-exclusive license ("License") to use City's Marks, on marketing materials in accordance with Exhibit A to be sent to Property Owners from time to time, and to be used in advertising (including on the Company's website), all at Company's sole cost and expense and subject to City's prior review and approval, which will not be unreasonably conditioned, delayed, or withheld. Company's use of the Marks in accordance with this Agreement will not infringe any other party's rights. In the event that City extends a similar license to a competitor of Company during the Term and any Renewal Term of this Agreement, the City shall provide thirty (30) days' notice prior to such grant of license and Company may immediately terminate this Agreement. 3. Term. The term of this Agreement ("Initial Term") shall be for Three Years from the Effective Date. The Agreement will automatically renew for additional one (1) year terms (each a "Renewal Term", and collectively with the Initial Term, the "Term") unless one of the Parties gives the other written notice at least thirty (30) days prior to end of the Initial Term or of a Renewal Term that the Party does not intend to renew this Agreement. In the event that Company is in material breach of this Agreement, the City may terminate this Agreement thirty (30) days after giving written notice to Company of such breach, if said breach is not cured during said thirty (30) day period. Beginning with the first renewal term, City may also terminate this Agreement for any reason on ninety (90) days' written notice. Company will be permitted to complete any marketing initiative initiated prior to termination of this Agreement after which time, neither Party will have any further obligations to the other and this Agreement will terminate. Company shall pay License Fees for any partial term prior to any termination of the Agreement. 4. Consideration. A. As consideration for such license, Company will pay to City a License Fee as set forth in Exhibit A ("License Fee") during the Term of this Agreement. The first payment shall be due by January 30th of the year following the conclusion of the first year of the Term. Succeeding License Fee payments shall be made on an annual basis throughout the Term, due and payable on January 30th of the succeeding year. City agrees to provide a completed Form W-9 to Company in order to facilitate proper payment of the License Fee. City will have the right, at its sole expense, to obtain an audit, upon reasonable notice and during normal business hours, of Company's books and records pertaining to any fees due under this Agreement while this Agreement is in effect and for one (1) year after any termination of this Agreement. B. In addition to the License Fees set forth in this Section, Company shall pay City a brand fee (`Brand Fee") as set forth on Exhibit A. Company will pay City Brand Fees within thirty (30) days after the date such Brand Fee becomes payable. 5. Confidentiality. Documents related to this Agreement, including the Agreement, may be regarded as public records and may be subject to disclosure. Protection from disclosure may apply to those documents marked "Trade Secret," Confidential," or "Proprietary" by the Company. The City will not advise as to the nature of the content of the documents entitled to protection to disclosure, or as to the definition of trade secret, confidential, or proprietary information. The Company will be solely responsible for all such determinations made by it, and for clearly and prominently marking each and every page or sheet with the appropriate designation. Company shall not indiscriminately identify most or all documents as protected from disclosure without justification. The City will endeavor to advise Company of any request for the disclosure of material so marked with "Trade Secret," "Confidential," or "Proprietary," and give the Company the opportunity to seek a court order to protect such materials from disclosure. The City's sole responsibility is to notify the Company of the request for disclosure, and the City shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required by law, by an order of court or administrative agency, or occurs through inadvertence, mistake, negligence on the part of the City or their officers, employees, consultants, or subconsultants. 6. Ruling and/or Code Change. If, due to a change in applicable law or regulations or the interpretation thereof by a court of law having jurisdiction subsequent to the date of this Agreement, performance of any provision of this Agreement becomes impracticable or impossible, the Parties shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such provision. Company understands that the City Council will be considering an ordinance change to require lead service line replacement and prohibit the repair of lead service lines. This paragraph shall not apply to any such change in local ordinances, as the replacement of lead service lines is included in the scope of coverage under the terms set forth in Exhibit A. 7. Indemnification and Insurance. The Company shall indemnify, defend and hold harmless the City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Company's operations under this Agreement, whether such operations be by the Company or anyone directly or indirectly employed by the Company; provided that City notify Company of any claim for which indemnity is sought within a time that does not prejudice the ability of Company to defend against such claim. Company is not, and shall not be deemed to be, an agent or employee of City. Company shall maintain in full force and effect all commercially reasonable necessary liability insurance coverage for itself. Upon the written request of the City, Company shall furnish the City with a certificate or certificates of insurance evidencing such coverage. Company shall notify City in advance of any termination, cancellation, non -renewal or material modification of any such insurance coverage. 8. Permits and Licenses: Company further agrees to obtain all permits and licenses required by City, state, and federal governments and pay all related fees, in connection with its performance hereunder, including but not limited to obtaining excavation permits for any work done on City right-of-way. Consistent with City's permitting process, Company or its contractor shall send an e-mail notification to the Iowa City Water Division, water@iowa-city.org, with the address of any water service repair, including contact name and phone number for the repair, service line material, work completed or to be completed (repair or replacement). Company shall also comply with all laws, ordinances, rules and regulations of the City, State of Iowa and the Federal Government, in connection with its performance hereunder. 9. Notice. Any notice required to be given hereunder shall be deemed to have been given when notice is (i) received by the Party to whom it is directed by personal service, (ii) sent by electronic mail (provided confinnation of receipt is provided by the receiving Party), or (iii) deposited as registered or certified mail, return receipt requested, with the United States Postal Service, addressed as follows: To: City: ATTN: Water Superintendent City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Email: water@iowa-city.org Phone: (319) 356-5160 To: Company: ATTN: Chief Growth Officer Utility Service Partners Private Label, Inc. 601 Merritt 7, 6th Floor Norwalk, CT 06851 Phone: (866) 974-4801 10. Modifications or Amendments/Eritire Agreement. Except for the list of available Products under the Agreement, which may be amended from time to time by the Parties in writing and without signature, any and all of the representations and obligations of the Parties are contained herein, and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Party unless in writing signed by that Party. Company shall provide each customer that signs up for a Product a copy of the Service Contract detailing the terms and conditions for such Product. Prior to the first campaign mailing, Company shall ensure that all new Service Contracts covering Products being made available to customers hereunder shall include a provision that requires that any repairs under such Service Contract shall be made in accordance with all laws, ordinances, rules, and regulations of the City, State of Iowa and the Federal Government. City's sole remedy for Company's failure to meet its obligation under the preceding sentence shall be to terminate this Agreement upon written notice to Company, delivered no later than ninety (90) days from the expiration of such twelve (12) month period. For any Service Contracts existing as of the date of incorporation of the language described above into new Service Contracts, such language shall apply to the existing Service Contracts upon any renewal thereof. 11. Assignment. Neither Party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other Party unless such assignment or delegation is to an affiliate or to an acquirer of all or substantially all of the business of the transferor. The transferring Party will use commercially reasonable efforts to provide the other Party with 60 days prior written notice of any proposed permitted assignment or delegation, including the name, principal office and place of incorporation of any affiliate, acquirer, assignee or transferee. In the event of a permitted assignment or delegation without consent, the non -assigning Party may terminate this Agreement upon thirty (30) days written notice to the assigning Party and its assignee, which notice must be delivered within sixty (60) days of the effectiveness of the assignment or delegation. Any assignment made in violation of this paragraph shall be void and of no affect. The City does not grant to the Company the right to license, sublicense or authorize others to use its Marks. 12. Counterparts/Electronic Delivery; No Third Party Beneficiary. This Agreement may be executed in counterparts, all such counterparts will constitute the same contract and the signature of any Party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by email and upon receipt will be deemed originals and binding upon the Parties hereto, regardless of whether originals are delivered thereafter. Nothing expressed or implied in this Agreement is intended, or should be construed, to confer upon or give any person or entity not a party to this agreement any third- party beneficiary rights, interests, or remedies under or by reason of any term, provision, condition, undertaking, warranty, representation, or agreement contained in this Agreement. 13. Choice of Law. 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. 14. Incorporation of Recitals and Exhibits. The above Recitals and Exhibit A attached hereto are incorporated by this reference and expressly made part of this Agreement. [Signature Page Follows] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first written below. CITY OF IOWA CITY Approved By Name: Bruce Teague Title: Mayor O10/03/2023 Ci Attorn s Ce Date: UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. Name: Michael Backus Title: Chief Growth Officer Date: 9/20/2023 Exhibit A NLC Service Line Warranty Program City of Iowa City Term Sheet I. Initial Tenn. Three Years. II. License Fee. During the Tenn, Company will pay City ten percent (10%) of the payments of plan fees actually received from Property Owners during the Term under any plans sold hereunder, net of any discount, rebates, refunds, chargebacks, credits, and sales or similar taxes incurred or paid by Company in connection with such plans. In return, the City will allow the Company: A. Use of City logo and name on advertising and marketing materials, subject to the conditions set forth herein. III. Brand Fee. Company shall pay City $ 30,000.00 spread across the first three years of the Term, as follows: A. Year I - $ 10,000.00 B. Year 2 - $ 10,000.00 C. Year 3 - $ 10,000.00 Payment of the Brand Fee for the first year is subject to the approval and mailing of the first campaign for that year. In subsequent years, payment of the Brand Fee is subject to City's timely approval of all other marketing materials for the prior year and the approval and mailing of the first campaign of the current contract year. IV. Products. A. External water service line plan (initially, $6.75 per month) B. External sewer/septic line plan (initially, $7.75 per month) C. Interior plumbing and drainage plan (initially, $9.99 per month) Pricing does not include taxes. Company may adjust the foregoing Product fees after the first two years of the Initial Term; provided, that any such monthly fee adjustment shall not exceed $0.50 in any 12 -month period. If such adjustment shall exceed $0.50, both Parties must agree in writing. V. Scope of Coverage. A. External water service line plan: i. Work will be done in accordance with all laws, ordinances, rules, and regulations of the City, State of Iowa and the Federal Government. ii. Covers Property Owner responsibility: from the main to the water meter or main shut-off valve inside the home. iii. Covers thawing of frozen external water lines. iv. Covers well service lines if applicable. v. Covers replacement of the entire lead or galvanized iron water service line when lead or galvanized iron is encountered during a covered repair of the water service line. vi. Covers non-functioning stop boxes or shut-off valves that are part of the Property Owners' lines. vii. Restoration to any area disturbed by the Covered Repair is limited to filling, raking, and reseeding of grass, reinstallation of existing soft landscaping and shrubbery, and patching of paved surfaces. Covers pavement restoration associated with service repair or replacement work in accordance with Iowa City laws, ordinances, rules and regulations. B. External sewer/septic line plan: i. Work will be done in accordance with all laws, ordinances, rules, and regulations of the City, State of Iowa and the Federal Government. ii. Covers Property Owner responsibility: From the external wall of the home to the sewer main. iii. Covers septic lines if applicable. iv. Covers replacement of the'entire Orangeburg pipe or bituminous fiber sewer line when Orangeburg pipe or bituminous fiber pipe is encountered during a covered repair of the sewer line. v. Restoration to any area disturbed by the Covered Repair is limited to filling, raking, and reseeding of grass, reinstallation of existing soft landscaping and shrubbery, and patching of paved surfaces. Covers pavement restoration associated with service repair or replacement work in accordance with Iowa City laws, ordinances, rules and regulations. C. Interior plumbing and drainage plan: i. Covers water supply pipes and drainage pipes within the interior of the home. VI. Marketing Campaigns. Company shall have the right to conduct up to three campaigns during the first year (each campaign consists of two mailings) and one campaign per year in years two and three and any Renewal Term. Mailings shall include language instructing recipients to check with their homeowners' insurance for potential coverage and clearly stating that (i) Company is an independent company separate from the City; and (ii). Company shall provide a telephone number for customers to use in order to opt - out of receiving mailings. Company shall offer the interior plumbing and drainage plan Product via in -bound phone or web only. Item Number: 9.e. CITY OF IOWA CITY COUNCIL ACTION REPORT October 3, 2023 Resolution adopting an assessment schedule for court ordered fencing at 91 Commercial Drive and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation Attachments: Resolution Exhibit A Exhibit B Susan Dulek, First Ass't. City Attorney Geoff Fruin, City Manager Recovery of $2,440.08. Approval N/A Executive Summary: This resolution adopts an assessment schedule for the unpaid cost to install a fence pursuant to a court order. Background /Analysis: In 2020 the Court ordered the owner of 91 Commercial Dr. to install a solid wood fence to screen its industrial use from the adjacent residential use as required by the Zoning Code. When the owner failed to do so, the Court authorized the City to do so and assess the cost against the property. The City installed a fence at a cost of approximately $18,500. The owner offered to make monthly payments of $500 if the City would not assess the property and staff agreed. The owner made monthly payments until March 2023 and has not responded to staffs inquiry regarding the delinquent payments. This resolution assesses the remaining amount due, which is $2,440.08. The City sent a letter to the owner giving notice that this resolution would be on the agenda, a copy of which is attached to the resolution. FAILED Prepared by: Susan Dulek, First Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 Resolution No. Resolution adopting an assessment schedule for court ordered fencing at 91 Commercial Drive and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Whereas, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against a certain lot for the actual unpaid costs to abate a code violation by screening an industrial use from a residential use by means of a solid wood fence as ordered by the district court; and Whereas, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; and Whereas, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and Whereas, the City Council finds that the property owner listed in Exhibit A has received a written notice of the date and time of the hearing on the adoption of said assessment schedule, as shown in the letter attached hereto as Exhibit B. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amount listed in Exhibit A for abating the code violation by screening an industrial use from a residential use as ordered by the district court by means of a solid wood fence is confirmed and levied against the property listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on October 19, 2023. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until October 18, 2023, payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this day of , 2023. Attest: City Clerk It was moved by Bergus adopted, and upon roll call there were: Mayor Approv'p3Pby City Attorn y's Office (Sue Dulek — 08/31/2023) and seconded by Thomas the Resolution be Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas CITY OF IOWA CITY ASSESSMENT SCHEDULE Frozen Meters - Water Llan EXHIBIT A 91 COMMERCIAL OR 101111111111:rlrlm.1:40211� FXE11h1 1' 1i August 28, 2023 ✓J.L. Watts Company % James Watts, Registered Agent 2001 St. Andrews Circle Bettendorf, IA 52772 AL. Watts Company 91 Commercial Drive Iowa City, IA 52240 In re: 91 Commercial Drive, Iowa City Dear J.L. Watts Company: ` r 1 ®L CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa S2240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgoV.org This is to notify you the City Council will be considering a resolution on September 5, 2023 that will assess against the property locally known as 91 Commercial Drive, Iowa City, Iowa for the cost the City has incurred to install a fence pursuant to a court order. Enclosed for your information is a copy of the Order in City of Iowa City v. J.L Watts Company, Johnson County No ICCISC096198. Pursuant to an agreement reached with Don Shamsie, J.L. Watts was to pay $500 per month until the judgment was paid in full, and if payments were made, the City would waive interest on the judgment. J.L Watts made monthly $500 payments from September 2020 to April 2023. The $500 monthly payments due in May to August 2023 have not been received. Those four payments plus a final payment of $440.08 are what remains owing on the judgment (excluding interest which the City is not requesting). Because payments have not been made since March 2023, City staff intends to request City Council assess the property in the amount of $2,440.08. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. The City Council meeting begins at 6:00 pm and is held at Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa. If you want to challenge the assessment, you are advised to come to the City Council meeting. You may also submit a letter or email to the City Council. The mailing address is: City Council, % City Clerk, 410 E. Washington St., Iowa City, IA 52240 and the email address is council@iowa-city.org Please note that all communication with City Council is a public record. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerk's office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356-5043. Sincerely, Kellie Grace City Clerk Enc. Copy to: Accounting Division -w/o enc.