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HomeMy WebLinkAbout2023-11-21 ResolutionItem Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution accepting the work for the PV Solar Array — Iowa City Public Works Facility Project. Prepared By: Shaun Bradbury, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: The PV Solar Array — Iowa City Public Works Facility Project was completed by Acme Electric Company, of Cedar Rapids, Iowa, in substantial accordance with the plans and specifications prepared by Neumann Monson Architects, of Iowa City, Iowa. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $115,050.00 • Project Bid Received: $127,492.00 • Project Actual Cost: $127,492.00 Background /Analysis: The new PV solar array was originally outlined in the Public Works Facility Design but was removed due to budget constraints. Weather permitting, and subject to loading, the PV system will generate enough power to offset approximately 10% of the anticipated electrical energy demand at this building that is currently supplied by MidAmerican Energy. 1 r I $owl CITY OF IOWA CITY 41.0 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX ENGINEER'S REPORT www.icgov.org November 15, 2023 City Clerk Iowa City, Iowa Re: PV Solar Array — Iowa City Public Works Facility Project Dear City Clerk: I hereby certify that the PV Solar Array — Iowa City Public Works Facility Project was completed by Acme Electric Company, of Cedar Rapids, Iowa, in substantial accordance with the plans and specifications prepared by Neumann Monson Architects, of Iowa City, Iowa. The project was bid as a Lump Sum price contract and the final contract price is $127,492.00. There were no change or extra work orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, PE City Engineer Prepared by: Shaun Bradbury, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 Resolution No. 23-297 Resolution accepting the work for the PV Solar Array — Iowa City Public Works Facility Project Whereas, the Engineering Division has recommended that the work for construction of the PV Solar Array — Iowa City Public Works Facility Project as included in a contract between the City of Iowa City and Acme Electric Company, of Cedar Rapids, Iowa, dated the 28th day of September 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in Account #R4194 — Climate Action Facility Improvement; and Whereas, the final contract price is $127,492.00 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of November , 2023 M r Attest: City Clerk Approved by City Attor y's Office (Liz Craig —11/16/2023) It was moved by Alter and seconded by Taylor adopted, and upon roll call there were: Ayes: x x x Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas the Resolution be Item Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution accepting the work for the Orchard Street Reconstruction Project. Prepared By: Marri Van Dyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: The project has been completed by Midwest Concrete, Inc., of Peosta, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file in the City Clerk's office. • Project Estimated Cost: $ 1,220,000.00 • Project Bid Received: $ 1,088,653.75 • Project Actual Cost: $ 1,176,986.19 Background /Analysis: Orchard Street was deteriorated beyond the point of rehabilitation, and full reconstruction was necessary between Benton Street and US Highway 1. This project also included sidewalk infill along the east side of Orchard Street, ADA compliant pedestrian curb ramps, pedestrian signal improvements, new water main, new storm sewer, and new sanitary sewer. ENGINEER'S REPORT November 15, 2023 City Clerk Iowa City, Iowa RE: Orchard Street Reconstruction Project Dear City Clerk: rlll� � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the Orchard Street Reconstruction Project has been completed by Midwest Concrete, Inc., of Peosta, Iowa, in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc. The project was bid as a unit price contract and the final contract price is $1,176,986.19. There were three (3) change orders for the project as described below: 01 Temp storm sewer, unsuitable subgrade replacement, $77,810.79 and electrical service conversions 02 Filter sock and new handhole installation $12,283.67 03 Manhole correction, lead service replacement $33,308.44 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Marri VanDyke, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 23-298 Resolution accepting the work for the Orchard Street Reconstruction Project. Whereas, the Engineering Division has recommended that the work for construction of the Orchard Street Reconstruction Project, as included in a contract between the City of Iowa City and Midwest Concrete, Inc., of Peosta, Iowa, dated August 31, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Orchard Street Reconstruction Project account #53954; and Whereas, the final contract price is $1,176,986,19. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of November 12023 May&r Attest: " 1 v) YI L-acle City Clerk Approved by Z/�,�- City Attor y's Office (Liz Craig -11/16/2023) It was moved by Alter and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: x x Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 7.c. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution accepting the work for the Asphalt Resurfacing 2021 Project. Prepared By: Marri Van Dyke, Civil Engineering Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: The project has been completed by LL Pelling Company, Inc. of North Liberty, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file in the City Clerk's office. • Project Estimated Cost: $ 2,700,000.00 • Project Bid Received: $ 2,602,117.59 • Project Actual Cost: $ 2,208,613.19 Background /Analysis: This is a recurring maintenance project that concentrates on asphalt resurfacing and chip sealing of various streets throughout Iowa City. In addition to resurfacing, this project included storm intake repairs, repair of curb and gutter, and replacement of curb ramps to meet current ADA standards. The Asphalt Resurfacing 2021 Project included work at the following locations: Street Milling and 3 -inch Asphalt Overlay North Clinton Street — Church Street to Iowa Avenue Jefferson Street — Madison Street to Dubuque Street South Dubuque Street — Court Street to Prentiss Street Dearborn Street — Muscatine Avenue to Jackson Avenue Rohret Road — Deerfield Drive to Mormon Trek Boulevard First Avenue — Muscatine Avenue to Bradford Drive Various locations within Oakland Cemetery Chip Seal Taft Avenue — Herbert Hoover Highway to American Legion Road Parking Lot Asphalt Overlay Robert A. Lee Recreation Center Parking Lot Mercer Park Aquatic Center West Parking Lot Forestry Maintenance Lot ENGINEER'S REPORT November 15, 2023 City Clerk Iowa City, Iowa RE: Asphalt Resurfacing 2021 Project Dear City Clerk: Ir e CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the Asphalt Resurfacing 2021 Project has been completed by LL Palling Company, Inc., of North Liberty, Iowa, in substantial accordance with the plans and specifications prepared by the Engineering Division. The project was bid as a unit price contract and the final contract price is $2,208,613.19. There were two (2) change orders for the project as described below: 01 Major manhole adjustments and slip form curb and gutter $23,220.00 02 Rao Center manhole and intake frame extensions $3,239.56 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Marri VanDyke, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 23-299 Resolution accepting the work for the Asphalt Resurfacing 2021 Project. Whereas, the Engineering Division has recommended that the work for construction of the Asphalt Resurfacing 2021 Project, as included in a contract between the City of Iowa City and LL Pelling Company, Inc. of North Liberty, Iowa, dated June 16, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Annual Pavement Rehabilitation account #S3824; and Whereas, the final contract price is $2,208,613.19. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of November , 2023 or 7 Attest: City Clerk Approved by G ' City Attorn y's Office —11 /16/2023 It was moved by Alter and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 7.d. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution accepting the work for the North Westminster Storm Sewer Improvements Project. Prepared By: Ben Clark, Sr. Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: The North Westminster Storm Sewer Improvements Project was completed by Maxwell Construction, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc., of Iowa City, Iowa. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $1,350,000.00 • Project Bid Received: $1,496,490.00 • Project Actual Cost: $1,527,667.85 There were three (3) change orders on this project, which included cement subgrade treatment, sod and final quantity adjustments. Background /Analysis: The North Westminster drainage area was studied in response to reported flash flooding near the intersection of North Westminster Street and Washington Street. The study confirmed that sections of the storm sewer system were inadequate to convey runoff for the City's current 5 -year design storm criteria. This project increased the storm sewer capacity according to the recommendations from the study. ENGINEER'S REPORT November 15, 2023 City Clerk Iowa City, Iowa Re: North Westminster Storm Sewer Improvements Project Dear City Clerk: "m'rllr` tt CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the North Westminster Storm Sewer Improvements Project was completed by Maxwell Construction, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc., of Iowa City, Iowa. The project was bid as a unit price contract and the final contract price is $1,527,667.85. There was a total of three (3) change or extra work orders for the project as follows: 1. Provide subgrade treatment........................................................................... $6,500.00 2. Provide sod in lieu of seeding- ..... ......... _ - .... ..... ..... ____ ..................... $14,400.00 3. Final quantity adjustments... ..... __ ............. .................... ......... $10,277.85 TOTAL......................................................................................................... $31,177.85 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, PE City Engineer Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 23-300 Resolution accepting the work for the North Westminster Storm Sewer Improvements Project. Whereas, the Engineering Division has recommended that the work for construction of the North Westminster Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Maxwell Construction, Inc. of Iowa City, Iowa dated June 1, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the North Westminster Storm Sewer Upgrades account #M3633; and Whereas, the final contract price is $1,527,667.85. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this21 st day of Noyemher 2023 MAy6r Attest: 0Gi E� City Clerk It was moved by Alter and seconded by adopted, and upon roll call there were: Ayes: 9 Nays: Approved by City Attor y's Office (Liz Craig — 11/16/2023) Taylor Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas the Resolution be Item Number: 7.e. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution authorizing the Mayor to sign and City Clerk to attest a Chapter 28E agreement for the joint provision of underwater and recovery operations (aka, a dive team). Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Dustin Liston, Police Chief Scott Lyon, Fire Chief Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 28E Agreement Dive Team executed 2015 Resolution 28E Agreement Dive Team Executive Summary: The City along with the County, Coralville, North Liberty, and other local governments entered into an agreement in 2015 for the provision of underwater search and recovery services, aka a dive team. Johnson County Emergency Management Agency is proposing a new agreement to add University Heights, to remove some local expenses, and to modify the diver qualifications. This resolution authorizes the City to sign the agreement. The 2015 agreement remains in force until all parties sign the new agreement. Paul D. Pate gill Of,o4, N Secretary of State srS-a� g° State of Iowa oar of FILED 28E Agreement M508295 7/20/2015 1:22:30 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full leqal name, organization type and county of each participant to this agreement are: c not in Iowa Item 2. The type of Public Service included in this agreement is: 130 Emergency Management (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Reso 0960-06-15, Agr btw Cities of Cedar Rapids, Iowa City, Coralville, North Liberty, Johnson County, Johnson County EMA & U of I for Underwater Search & Recovery Operations Item 4. The duration of this agreement is: (check one) ®Agreement Expires 6/23/2018 ❑Indefinite Duration [mmtddlyyyyt Item 5. Does this agreement amend or renew an existing agreement? (check one) ® NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: httf):leas iawa aovt28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Title FIRST Name Department Full Legal Name Organization Type 'County Party 1 City of Cedar Rapids City Linn Party 2 Johnson County County Johnson Party 3 City of Iowa City City Johnson Party 4 City of Coralville City Johnson Party 5 1 City of North Liberty I City lJohnson c not in Iowa Item 2. The type of Public Service included in this agreement is: 130 Emergency Management (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Reso 0960-06-15, Agr btw Cities of Cedar Rapids, Iowa City, Coralville, North Liberty, Johnson County, Johnson County EMA & U of I for Underwater Search & Recovery Operations Item 4. The duration of this agreement is: (check one) ®Agreement Expires 6/23/2018 ❑Indefinite Duration [mmtddlyyyyt Item 5. Does this agreement amend or renew an existing agreement? (check one) ® NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: httf):leas iawa aovt28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Title FIRST Name Department Paul D. Pate 9 �tf Os roV. Secretary of State 9cf. a� 5 State of Iowa d9Y 0� 28E Agreement w FILED Additional a M508295 Participants x 7/20/2015 1:22:30 PM Item 1. The full legal name, organization type and county of each participant to this agreement are (continued): Full Legal Name Organization Type *County Party 6 Johnson County EMA County Johnson Party 7 Universityof Iowa State Agency Johnson *Enter "Other" if not in Iowa 28E Agreement between Johnson County, Iowa; Iowa City, Iowa; Coralville, Iowa; North Liberty, Iowa; Cedar Rapids, Iowa; Johnson County Emergency Management Agency; and the University of Iowa; for the Joint Provision of Underwater Search and Recovery Operations in the Cooperating Jurisdictions WHEREAS, Johnson County, Iowa (hereinafter "Johnson County"); Iowa City, Iowa (hereinafter "Iowa City"); Coralville, Iowa (hereinafter "Coralville"); North Liberty, Iowa (hereinafter "North Liberty"); Cedar Rapids, Iowa (hereinafter "Cedar Rapids"); Johnson County Emergency Management Agency (hereinafter "Johnson County EMA"); and the University of Iowa; are all public agencies as defined by Section 28E.2 of the Code of Iowa (2013); and WHEREAS, Johnson County, Iowa City, Coralville, North Liberty, Cedar Rapids, Johnson County EMA and the University of Iowa (hereinafter "the Parties") all provide, through their various departments or offices and to one degree or another, underwater search and recovery operations within their respective jurisdictions; and WHEREAS, the specific departments/offices covered by this Agreement include the Johnson County Sheriffs Office, the Iowa City Fire Department, the Coralville Fire Department, the North Liberty Police Department, the Cedar Rapids Fire Department, Johnson County EMA and the University of Iowa Department of Public Safety (hereinafter "the Agencies"); and WHEREAS, the Parties wish to enter into an agreement relating to the joint provision of underwater search and recovery operations within all cooperating jurisdictions. IT IS NOW AGREED that the Parties enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2013), and specifically Iowa Code Section 28E.12, providing for the joint provision of underwater search and recovery operations within all cooperating jurisdictions with purposes, powers, rights, objectives, and responsibilities of the Parties being as follows: L PURPOSE AND SCOPE: The purpose of this Agreement is for the joint provision of underwater search and recovery services within the cooperating jurisdictions. 2. CONSIDERATION AND ADMINISTRATION: The mutual consideration herein is the mutual aid and provision of services provided to the Parties. The duties and responsibilities herein shall be administered by representatives of each Party's respective Agency, to wit: the Johnson County Sheriff on behalf of Johnson County, the Iowa City Fire Chief on behalf of Iowa City, the Coralville Fire Chief on behalf of Coralville, the North Liberty Chief of Police on behalf of North Liberty, the Cedar Rapids Fire Chief on behalf of Cedar Rapids, the Emergency Management Coordinator on behalf of Johnson County EMA and the Associate Director/Chief of Police on behalf of the University of Iowa. 3. NO SEPARATE LEGAL ENTITY: No separate legal entity is created by this Agreement. The Parties intend only the joint provision of governmental services. 4. DIVE TEAM NAME: The dive team providing the cooperative underwater search and recovery services shall be identified as the Johnson County Metro Dive Team (hereinafter "Dive Team"). 5. PROPERTY: The Dive Team will not own any real or personal property. Any personal property acquired on behalf of or for the use of the Dive Team that is not owned by individual Dive Team members or that member's sponsoring Agency will be owned by Johnson County EMA. b. RESPONSIBILITIES OF THE AGENCIES AND DIVE TEAM MEMBERS: A. Each Agency agrees to provide at least one member to the Dive Team in order to conduct training, operations and maintenance of the equipment for the Dive Team and for response and recovery operations. Each Agency will also provide workers compensation, general liability, and medical coverage to their member(s) of the Dive Team and insure, as appropriate, any equipment owned by the Agency. Each Agency is responsible for providing scheduled and compensated time for its members to conduct training as part of the team and as agreed upon, as well as for response operations. This will include any clean up time needed to restore equipment to an in-service and operational status after a training or response event. Training schedules are determined in January of each year by the Dive Team Coordinator and Dive Team Business Operations Manager. B. Each Agency shall provide no less than one certified diver trained to both the advanced open water and dive rescue technician levels. Levels should be comparable to the Professional Association of Diving Instructors (PADI) Advanced Open Water and PADI Rescue Diver Plus standards of training. Agencies may offer to pay for their member to attain Advanced Open Water & PADI Rescue Diver Plus or the equivalents, or any required refresher course(s), but the Dive Team will not be responsible for those costs. Within budgetary constraints, Johnson County EMA will assume the cost of all additional required and specialty training such as the EDRI (Emergency Response Diving International) ERD-1 (Emergency Response Diver Level I & 2 courses) and approved additional certifications. C. Each Dive Team member is responsible for his or her own initial basic, advanced open water, and PADI Rescue Diver Plus levels of certifications and for the purchase and maintenance of his or her own basic scuba gear (including mask, fins, snorkel, weights, booties, hoods, gloves and a full wetsuit for pool training sessions), unless his or her Agency chooses to assume these costs. D. Johnson County EMA shall supply the following equipment and training to Dive Team divers: response wet suit 7mm, dry suit, tanks, buoyancy compensators, regulators suited for ice diving conditions, and for the ERDI level ERD-1, ERD-2, ERD-Tender, Contaminated Water Diver, Ice Diver, and Search & Recovery courses. Said equipment shall remain the property of Johnson County EMA and be used by the Dive Team members only in conjunction with Dive Team activities. Johnson County EMA will be responsible for member certification costs, including course registrations, course materials, special equipment use or rentals and tank fills as needed for the above course(s). E. Meals, lodging and travel costs are not covered by the Dive Team. Reimbursement of these costs incurred by individual Dive Team members is discretionary with the respective member's parent Agency. F. Specialty equipment, boats, trailers, and other mission -specific equipment will be provided to the Dive Team by Johnson County EMA. To the extent feasible, said equipment shall be available for additional training by members on a checkout basis. O. Dive Team members will agree upon an appropriate method of call out for the Dive Team and each of the following dispatch centers shall have the capability to call out the team using the agreed-upon method: Johnson County Joint Emergency Communications, Campus DPS Dispatch, and Cedar Rapids Emergency Communications. Other call out methods may be used as agreed to by the Dive Team. The ultimate decision to call out the Dive Team, however, shall remain with the entity having jurisdiction over the specific incident. H. A Dive Team Coordinator shall be selected in January of each year by a majority of the Agencies' representatives. Each Agency shall have one vote. The Dive Team Coordinator shall be responsible for training, on scene dive operations, maintenance and other duties as determined. No compensation is provided for serving as Dive Team Coordinator. The Dive Team's Business Operations Manager shall be the Johnson County EMA Director/Coordinator. I. Members of the Dive Team shall be approved as resumes and background checks are received, upon approval of the Dive Team Coordinator and Business Operations Manager. Appeals may be taken to the member Agencies' representatives, where a majority vote will be required to grant the appeal. J. Team members may resign upon 30 days written notice to the Dive Team Coordinator or Business Operations Manager. L. Members may be removed from the Dive Team with notice by the Dive Team Coordinator for just cause. A removed member's appeal, if any, shall be taken to the member Agencies' representatives, where a majority vote will be required to grant the appeal. M. All Dive Team equipment purchased by Johnson County EMA for use by Dive Team members shall be returned to the Dive Team Coordinator upon separation from the Dive Team. N. An annual training schedule shall be published each year in January for the Dive Team members by the Dive Team Coordinator with copies to each member and the representative of each member Agency. Dive Team members are responsible for arranging their time off with their Agency so they may attend Dive Team training. O. Training and response records (dive logs) will be completed by each Dive Team member involved in the training or response, and a master record will be kept by the Business Operations Manager. A dive action plan shall also be completed for each mission and kept on file. P. The Dive Team Coordinator shall develop, and annually update, standard operating procedures for the Dive Team. A current copy of these procedures shall be provided annually to each member Agency through its representative. Q. The Business Operations Manager shall keep an accurate roster of Dive Team members, complete with contact information. Copies of this roster shall he provided annually, or as members are added or removed from the team, to all member Agencies, Dive Team members and the communications centers listed above. R. When possible, the Dive Team shall respond to any request for which they have been called out. Operational periods will be determined by the Dive Team Coordinator or the senior -most diver on scene. S. The Dive Team may develop other rules for the conduct of its members as appropriate. 7. BUDGETARY CONSTRAINTS: All activities conducted and equipment purchased in relation to this Agreement are intended to occur within the existing budgetary constraints of and at the discretion of the Agencies involved. Nothing herein is intended to create an obligation to spend a specific amount of money on personnel or equipment. In the event any Agency, in its own discretion, becomes financially unable to participate due to decreased revenue, other budgetary priorities or the like, said Agency may withdraw from the Agreement in the manner described below. 8. VOLUNTEER CIVILIAN DIVE TEAM MEMBERS: Volunteer Civilian Dive Team members, if any, will be allowed only on a case-by-case basis, upon an affirmative vote of a majority of the Agencies' representatives. These civilian members shall not be considered employees of any of the Parties or their respective Agencies, but may be covered under the Johnson County EMA workers compensation plan for coverage during assignments and trainings sanctioned by the Dive Team. Each potential civilian member shall provide proof of health insurance, a resume, a copy of a valid Iowa driver's license, copies of all current dive certifications, and any other information requested by the Business Operations Manager for 4 consideration by the Agencies' representatives. Civilian members must pass a background check conducted by the Johnson County Sheriff's Office and lack any felony convictions. Civilian members will be uncompensated. 9. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the respective parties and filed with the Secretary of State as provided in Chapter 28E.8 of the Code of Iowa (2013). It is intended to replace, in their entirety, any prior agreements, memorandums or understandings between any of the Parties related to dive team services. 10. DURATION AND TERMINATION: Once effective, this Agreement shall be in effect for three years after the date it was executed or, if executed by the Parties on different dates, the date it was executed by the final signatory. At the end of the three-year effective period, or any successive three-year effective period, the Agreement shall be automatically renewed for an additional three-year period unless four or more Parties object in writing to such renewal no less than thirty days prior to the renewal date. If four or more Parties timely object to renewal of the Agreement, then the Agreement shall terminate at the end of the effective period. 11. REVIEW. Any Party may request review and possible amendment of the terms of this Agreement by sending a letter to the other Parties requesting it. All Parties agree to consider any proposed amendments in good faith. 12. WITHDRAWAL OF A SINGLE PARTY. Any party may terminate its individual involvement in this Agreement upon giving thirty days written notice of withdrawal to the other Parties. 13. LIABILITY AND THIRD -PARTY RIGHTS. Nothing herein is intended to alter any of the Parties' ultimate responsibilities for their employees under Iowa law, including liability for or immunity from third -party claims. Nor is this 28E Agreement intended to create any third party benefits. 14. NOTICES. Any official notice to one of the Parties shall be deemed effective when sent via ordinary mail addressed to the Agency representative of a particular Party, at that person's address used for official business. 15. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2013) and statutes respecting the rights and responsibilities of political subdivisions of the state. 16. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the Parties for resolution prior to any of the Parties pursuing administrative or judicial remedies. In the event such matters must be submitted to the Parties, they shall be submitted specifically to the Agency representatives who will make a good faith effort to resolve the dispute. JOHNSON COUNTY This Agreement was approved by official action of the Johnson County Board of Supervisors in official session on the_f_ day of _IPL i l 2015. Patrick Harney, Chairperson Johnson County Board of Supervisors h-1 ATTEST:-( 4�n County Auditor CITY OF IOWA CITY This Agreement was approved by official action of the City Council of Iowa City in official session on the 7th day of April 2015. ATTESTCity Clerk: bc*lem l t tJ CITY OF CORALVILLE Matthew J. Hayek, Mayor City of Iowa City , Approved By City Attorney's Office This Agreement was approved by official action of the City Council of Coralville in official session on the 28n day of J1 rr.: f 2015. i tJ undell, Mayor ity of CoralviIIe ATTEST: City Clerk CITY OF NORTH LIBERTY This Agreement was approved by official action of the City Council of North Liberty in official session on the .240)9- day of 2015. Amy Nie en, Mayor City of North Liberty ATTEST 1 1 W �Lf City Clerk �f CITY OF CEDAR RAPIDS This Agreement wa$ approved yby official action of the City Council of Cedar Rapids in official session on the Rf day of in14L 2015. Tc{fV A. Pomeranz, City Manager— City of edar Rapids ATTEST: City Cler} JOHNSON COUNTY EMERGENCY MANAGEMENT COMMISSION This Agreement was approved by official action of the Johnson County EMA Commission in official session on the r day of N P 1 1 2015. g` L� uise Prom, Chair Johnson County EMA Commission THE UNIVERSITY OF IOWA The undersigned§c�knowledges his/her authority to approve this Agreement and provides that approval on the (% Say of 2015. David W. Kieft Business Manager /e, i 1/7/_. D&d'Visin, Interim Assistant Vice President and Director, Department of Public Safety 4,; Prepared by: John Grier, Fire Chief, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5260 RESOLUTION NO. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A 28E AGREEMENT AMONG THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE UNIVERSITY OF IOWA AND CERTAIN OTHER CITIES FOR THE JOINT PROVISION OF UNDERWATER SEARCH AND RECOVERY OPERATIONS. WHEREAS, occasions may arise whereby an underwater search and recovery operation would exhaust the available equipment and personnel maintained and provided by any one of the parties named in the incorporated 28E Agreement; and 11 WHEREAS, in such a situation that availability of additional personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, all parties to the agreement provide, through their various departments or offices and to one degree or another, underwater search and recovery operations within their respective jurisdictions; and WHEREAS, Chapter 28E of the Code of Iowa (2015) provides that powers, privileges, or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privileges, and authority by entering into agreements to cooperate for their mutual advantage; and WHEREAS, the City of Iowa City has negotiated the attached 28E Agreement with other entities for the provision of mutual aid underwater search and recovery operations, which is in the public interest; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The 28E Agreement, attached hereto and made a part thereof, is approved as to form and content. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the 28E Agreement attached hereto. Passed and approved this 7th day of April 20 15 ATTEST; CITY CLERK Approved S�— City Attorneys Office It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: ,Revolution No. 25-94 Page 2 AYES; x x NAYS: ABSENT: Botchway Dickens x Dobyns Hayek Mims Payne Throgmorton Prepared by: Susan Dulek, First Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 Resolution No. 23-301 Resolution authorizing the Mayor to sign and City Clerk to attest a Chapter 28E agreement for the joint provision of underwater search and recovery operations (aka, a dive team). INCOMPLETE DOCUMENT Item Number: 7.f. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT November 21, 2023 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Iowa City Senior Center Exterior Building Envelope Preservation, Restoration and Rehabilitation Project. Prepared By: Ben Clark, Sr. Engineer Reviewed By: LaTasha DeLoach, Senior Center Coordinator Redmond Jones, Deputy City Manager Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,187,513.00 available in the Senior Center Facility Exterior Improvements account #K1001 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Iowa City Senior Center Exterior Building Envelope Preservation, Restoration and Rehabilitation Project. Four (4) bids were submitted prior to the November 7, 2023 deadline: ComRany Base Bid Alternate 1 TNT Tuckpointing & Building Restoration $ 1,159,513.00 $ 28,000.00 Building Restoration Corp $ 1,463,526.00 ($ 10,433.00) Bi -State Masonry $ 1,437,500.00 $ 19,580.00 Innovative Masonry Restoration $ 1,788,000.00 $ 62,000.00 Engineer's Estimate Is 1,910,000.00 Alternate 1 includes furnishing and installing new limestone balusters, baluster caps and other elements, in lieu of cast stone elements, where new masonry units are required for reconstruction. Staff recommends awarding the Base Bid and Bid Alternate 1 for a total of $1,187,513.00 for the Iowa City Senior Center Exterior Building Envelope Preservation, Restoration and Rehabilitation Project to TNT Tuckpointing & Building Restoration, L.L.C. of Stockton, Iowa. 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 in 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 existing roofing system. The second project will include removal and replacement of existing windows and 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: Final Completion — December 2024 Prepared by: Ben Clark, Engineering Division, 410 E. Washington, St., Iowa City, IA 52240 (319)356-5436 Resolution No. 23-302 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Iowa City Senior Center Exterior Building Envelope Preservation, Restoration and Rehabilitation Project. Whereas, TNT Tuckpointing & Building Restoration, L.L.C. of Stockton, Iowa has submitted the lowest responsive, responsible bid of $1,187,513.00 for construction of the above-named project; and Whereas, funds for this project are available in the 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 contract for the construction of the above-named project is hereby awarded to TNT Tuckpointing & Building Restoration, L.L.C., 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 21st day of November , 2023 cr Attest: I , ,t 4' ,� _` o I- � � � � J City Clerk It was moved by Alter adopted, and upon roll call there were: Ayes: X X X Ma"o Approved by City Attor y's Office (Liz Craig - 11 /13/2023) and seconded by Taylor the Resolution be Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 7.g. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution approving the City Street Finance Report for the fiscal year ending June 30, 2023. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: If not approved and submitted by December 1, 2023, the City could risk losing annual road use tax funding. For fiscal year 2024, this is budgeted at $9,900,000. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: FY23 Street Finance Report Resolution Executive Summary: Iowa Code section 312.14 requires all cities to submit the City Street Finance Report (SFR) to the Iowa Department of Transportation (DOT) by December 1 of each year. In accordance with Iowa Code section 312.15, the Iowa DOT must notify the state treasurer of each city not in compliance with this requirement. Once notified, the state treasurer will withhold the Road Use Tax (RUT) funds allocated to the city until the city complies. If a city has not filed its report by March 1 of the following year, RUT funds shall not be allocated to that city and all funds withheld under this provision shall revert to the street construction fund of the cities. Background /Analysis: The City Street Finance Report is required to include revenues and expenditures in the Road Use Tax Fund, and any other funds that have revenues and expenditures for street purposes only and Debt Service which includes bonds, notes and loans for only street related revenues and expenditures for any debt service payments. Road Use Tax receipts for the City of Iowa City for fiscal year 2023 were $10,297,176. Expenditures covered by RUT funds totaled $10,075,180 including $2,708,172 transferred to capital projects funds for street/bridge construction, $1,209,262 for traffic control and street lighting and $793,675 for street cleaning and snow removal. Other funds' receipts were $23,067,448. This includes the streets/bridges portion of General Obligation debt of $4,621,732, property taxes of $8,359,847, federal grants of $2,966.641 and transfers in from the Road Use Tax Fund of $3,311,132. Other funds' expenditures were $26,964,386, including expenditures for street/bridge construction totaling $17,207,329 and debt service payments of $7,517,427. The street/bridge construction was comprised of various projects such as Pavement Rehabilitation projects in the amount of $2,221,604, the American Legion project in the amount of $3,158,486 and the Melrose Avenue Improvements project in the amount of $1,770,199. OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Expenses Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Page 1 of 10 General Fund Streets (001) Road Use (110) Other Special Revenues Debt Service (200) Capitial Projects (300) Utilities (600 & UO) Grand Total Salaries - Roads/Streets $92,426 $1,706,008 $315,383 $31,274 $2,145,091 Benefits - Roads/Streets $719,519 $15,673 $735,192 Training & Dues $1,964 $1,964 Building & Grounds Maint. & Repair $52,731 $52,731 Vehicle & Office Equip Operation and Repair $40,328 $40,328 Operational Equipment Repair $18,570 $18,570 Other Maintenance and Repair $82,018 $82,018 Engineering $1,783,805 $1,783,805 Insurance $160,000 $160,000 Legal $16,414 $16,414 Printing $172 $172 Rents & Leases $654,440 $654,440 Technology Expense $129,973 $129,973 Other Professional Services $809 $17,094 $17,903 Other Contract Services $23,353 $67,806 $91,159 Chemicals $7,990 $7,990 Office Supplies $972 $2,692 $3,664 Page 1 of 10 OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Page 2 of 10 General Fund Streets (001) Road Use (110) Other Special Revenues Debt Service (200) Capitial Projects Utilities (600 & UO) (300) Grand Total Operating Supplies $315,529 $315,529 Postage & Safety $11,795 $11,795 Other Supplies $158,441 $3,040 $161,481 Vehicles $665,385 $665,385 Other Capital Equipment $165,722 $142,159 $307,881 Bridges & Culverts $498,303 $498,303 Street - New Roadway $5,340 $5,340 Street - Preservation $5,873,371 $5,873,371 Street - Safety/ Environment $8,500,007 $8,500,007 Other Capital Outlay $157,179 $157,179 Principal Payment $6,374,424 $75,687 $6,450,111 Interest Payment $1,143,003 $17,485 $1,160,488 Transfer Out $195,151 $3,115,981 $647,269 $3,958,401 Parking $989,401 $989,401 Street Lighting $458,068 $458,068 Traffic Control/Safety $751,194 $751,194 Depreciation & Building Utilities $36,922 $36,922 Accounting/Recording $3,621 $3,621 Street Cleaning $345,763 $345,763 Page 2 of 10 OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Total $287,577 $10,075,180 $962,652 $7,517,427 $17,207,329 Page 3 of 10 $989,401 $37,039,566 General Road Other Debt Capitial Fund Use Special Service Projects Utilities Grand Streets (110) Revenues (200) (300) (600 & UO) Total (001) Snow Removal Salaries $447,912 $447,912 Total $287,577 $10,075,180 $962,652 $7,517,427 $17,207,329 Page 3 of 10 $989,401 $37,039,566 OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Revenue Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Total $287,577 $11,109,676 $962,652 $7,517,427 $13,310,391 Page 4 of 10 $989,401 $34,177,124 General Fund Streets (001) Road Use (110) Other Special Revenues Debt Service (200) Capitial Projects (300) Utilities (600 & UO) Grand Total Levied on Property $195,151 $647,269 $7,517,427 $8,359,847 Interest $452,778 $452,778 Federal Grants $2,966,641 $2,966,641 State Revenues- Road Use Taxes $10,297,176 $10,297,176 Other State Grants - IDOT $3,089 $3,089 Local Contributions $38 $76,626 $76,664 Charges/fees $162,104 $879,316 $989,401 $2,030,821 Sale of Assests $1,409,975 $1,409,975 Proceeds from Debt $4,621,732 $4,621,732 Transfer In $92,426 $647,269 $315,383 $2,903,323 $3,958,401 Total $287,577 $11,109,676 $962,652 $7,517,427 $13,310,391 Page 4 of 10 $989,401 $34,177,124 OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Bonds/Loans Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Bond/Loan Description Principal Balance As of 7/1 Total Principal Paid Total Interest Paid Principal Roads Interest Roads Principal Balance As of 6/30 2015 GO Bonds $2,560,000 $830,000 $51,200 $515,596 $31,805 $1,730,000 2016 GO Bonds $3,995,000 $965,000 $89,550 $724,618 $67,243 $3,030,000 2017 GO Bonds $5,145,000 $980,000 $116,162 $573,300 $67,955 $4,165,000 2018 GO Bonds $5,565,000 $875,000 $166,950 $681,188 $129,971 $4,690,000 2019 GO Bonds $6,580,000 $955,0001 $136,400 $383,524 $54,778 $5,625,000 2020 GO Bonds $6,745,000 $1,200,000 $242,450 $837,514 $169,213 $5,545,000 Public Works Facility Internal Loan $800,106 $75,687 $17,485 $75,687 $17,485 $724,419 2021 GO Bonds $10,190,000 $1,135,000 $396,750 $682,039 $238,413 $9,055,000 2014 GO Bonds $2,030,000 $1,000,000 $50,750 $578,300 $29,349 $1,030,000 2013 GO Bonds $870,000 $870,000 $17,400 $382,800 $7,656 $0 2022 AGO Bonds $10,255,000 $1,315,000 $448,828 $1,015,545 $346,620 $8,940,000 2023 GO Bonds $9,105,000 $0 $0 $0 $0 $9,105,000 Total $63,840,106 $10,200,687 $1,733,925 Page 5 of 10 $6,450,111 $1,160,488 $53,639,419 OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Equipment Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Description Model Year Usage Type Cost Purchased Status Compact Pickup Chevrolet Colorado 4x4 Crew Cab 2019 Purchased $28,759 No Change Concrete Drill EZ Drill 210B 2017 Purchased $12,054 No Change Air Compressor Sullivan Palatek D185PIZ4 2018 Purchased $18,946 No Change Track Excavator Case CX145D-SR 2018 Purchased $156,163 No Change 1/2 Ton Pickup Ford F150 XL 2018 Purchased $28,745 No Change Sign Truck Ford F550 2017 Purchased $127,149 No Change 38720 GVWR Dump Truck Freightliner 108SD 2017 Purchased $175,099 No Change 38720 GVWR Dump Truck Freightliner 108SD 2017 Purchased $152,625 No Change Message Board Trailer Ver -Mac PCMS-548 2016 Purchased $15,250 No Change 13700 GVWR Utility Ford F350 4x2 2015 Purchased $43,412 No Change 38000 GVWR Dump Truck Freightliner 108SD 2019 Purchased $153,123 No Change Skidloader Bobcat 5650 2014 Purchased $42,111 No Change 14000 GVWR Flatbed Ford F350 4x4 2015 Purchased $47,260 No Change 38720 GVWR Dump Truck Freightliner 108SD 2018 Purchased $159,601 No Change 13700 GVWR Flatbed Ford F350 4x2 2015 Purchased $37,873 No Change 13700 GVWR Flatbed Ford F350 4x2 2015 Purchased $38,844 No Change 14000 GVWR Flatbed Ford F350 4x4 2015 Purchased $49,116 No Change 1/2 Ton Flatbed Ford F150 4x2 2014 1 Purchased $24,685 No Change 37240 GVWR Dump Truck Freightliner 108SD 2014 Purchased $118,334 No Change 37240 GVWR Dump Truck Freightliner 108SD 2014 Purchased $118,334 No Change 37240 GVWR Dump Truck Freightliner 108SD 2014 Purchased $118,334 No Change Page 6 of 10 OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Description Model Year Usage Type Cost Purchased Status Crack Sealer Craftco SS1250 2018 Purchased $40,274 No Change Loader Backhoe John Deere 310SL 2019 Purchased $101,691 No Change V5900 GRACO LINELAZER PAINT STRIPER 2020 Purchased $8,425 No Change Endloader Case 621 F 2013 Purchased $120,644 No Change Street Paint Machine Graco Linelazer 5900 2017 Purchased $7,750 No Change Street Paint Machine EZ -Liner AL-120EZ 2017 Purchased $54,566 Sold 1/2 Ton Pickup Ford F150 XL 4x4 Crew Cab 2018 Purchased $31,145 No Change 500 Ib Concrete Breaker Stanley MB05 2019 Purchased $6,350 No Change 37240 GVWR Dump Truck Freightliner 108SD 2014 Purchased $118,334 No Change 37240 GVWR Flusher Truck Frieghtliner 108SD 2014 Purchased $121,016 No Change Endloader Case 721 F 2012 Purchased $127,750 Sold John Deere Motor Grader 772CH 2000 Purchased $130,000 No Change Aerial Platform International Elliott 4700 2001 Purchased $101,129 No Change Air Compressor Ingersol P185CWJD 1998 Purchased $11,200 No Change Air Compressor Ingersol P185CWJD 1993 Purchased $11,200 No Change Vibratory Roller Bomag BW120AD4 2009 Purchased $33,840 No Change Street Sweeper Elgin Pelican Dual 2018 Purchased $210,039 No Change 19,500 GVWR 1-1/2 Ton Basket Truck Ford F550 2010 Purchased $80,629 No Change 13200 GVWR Utility Chevrolet 3500 2016 Purchased $42,362 No Change Skidloader/Bobcat T650 2019 Purchased $35,003 No Change 1 Ton Utility Cargo Van Ford E350 KUV 2016 Purchased $34,076 No Change Street Sweeper Elgin Pelican Dual 2015 Purchased $187,000 No Change 108 SD FREIGHTLINER MUNI DUMP TRUCK 2021 Purchased $169,069 No Change Page 7 of 10 OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Description Model Year Usage Type Cost Purchased Status 108SD FREIGHTLINER MUNI DUMP TRUCK 2021 Purchased $168,646 No Change 108SD FREIGHTLINER MUNI DUMP TRUCK 2021 Purchased $168,841 No Change MB05S02 STANLEY CONCRETE BREAKER 2021 Purchased $6,330 No Change DURAPATCHER P2 CIMLINE 2020 Purchased $83,215 No Change TD6DRMVAH SPAULDING HOOKLIFT HOT BOX 2020 Purchased $77,889 Sold 4 TON FALCON ASPHALT HOTBOX 2020 Purchased $35,449 No Change Vibratory Roller Wacker Neuson RD12A-90 2019 Purchased $13,899 No Change Planer Bobcat 24PLA 2019 Purchased $17,047 No Change 1/2 Ton Pickup Ford F150 4x2 2014 Purchased $24,042 No Change Int'I HV607 Muni Dump Truck 2021 Purchased $161,493 New Int'I HV607 Dump Hooklift Truck 2021 Purchased $169,728 New Int'I HV607 Dump Hooklift Truck 2021 1 Purchased $169,693 New Husqvarna Gas Powered Saw/Target FS3500 2021 Purchased $18,070 New Case 741G Wheel Loader 2022 Purchased $141,694 New ISUZU EZ -Liner TS -AL 120 Paint Striper 2023 Purchased $197,829 New Freightliner 108SD Municipal Dump Truck 2019 Purchased $155,579 New Page 8 of 10 OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Street Projects Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Project Description Contract Price Final Price Contractor Name Petsel Place Storm Sewer Improvements $198,229 $204,688 Bockenstedt Excavating Curb Ramp 2021 $132,306 $144,089 All American Concrete Highway 1 Trail Sunset St to Morman Trek Blvd $758,545 $785,422 Peterson Contractors Public Works Facility Phase 1 $10,978,700 $11,362,341 Merit Construction Eastwood Dr & South Lawn Dr Intersection Improvement $239,842 $264,313 All American Concrete Lower City Park & Kimball Rd Storm Sewer Improvement $268,935 $278,985 Bockenstedt Excavating McCollister Blvd Extension $4,020,012 $3,991,299 Metro Pavers 2022 Water Pavement Patching $204,374 $300,791 Bockenstedt Excavating Highland Court Sidewalk Infill $50,884 $52,056 Midwest Concrete Prentiss St Bridge Replacement $1,398,708 $1,467,137 Portzen Construction 2022 Summer Sidewalk Repair $86,475 $82,018 Feldman Construction Idyllwild Stormwater Drainage Diversion $448,342 $554,319 Maxwell Construction 2022 Traffic Calming $60,860 $65,060 Hansen Asphalt Gilbert St Pavement Repair/CRANDIC RR Crossing Approach $198,250 $203,781 Bockenstedt Excavating Wetherby Park Sidewalk & Driveway $78,448 $81,795 Feldman Construction Page 9 of 10 OPivwaoor Bureau of Local Systems Ames, IA 50010 City Street Finance Report Summary Fiscal Year 2023 Iowa City 11 /8/2023 8:36:43 AM Resolution Number: Execution Date: Signature: Page 10 of 10 General Road Other Debt Capitia) Fund Use Special Service Projects Utilities Grand Streets (110) Revenues (200) (300) (600 & UO) Total (001) Begining Balance $0 $4,295,249 $0 $0 $18,739,419 $0 $23,034,668 SubTotal Expenses (-) $92,426 $6,959,199 $315,383 $7,517,427 $17,207,329 $989,401 $33,081,165 Transfers Out (-) $195,151 $3,115,981 $647,269 $3,958,401 Subtotal Revenues (+) $195,151 $10,462,407 $647,269 $7,517,427 $10,407,068 $989,401 $30,218,723 Transfers In (+) 1$92,426 1$647,2691 $315,3831 1 $2,903,323 $3,958,401 Ending Balance $0 $5,329,745 $0 $0 $14,842,481 $0 $20,172,226 Resolution Number: Execution Date: Signature: Page 10 of 10 Prepared by: Nicole Davies, Finance Director, 410 E. Washington St., Iowa City, IA 52240, 319-356-5085 Resolution No. 23-303 Resolution approving the City Street Finance Report for the fiscal year ending June 30, 2023. Whereas, the State of Iowa under Iowa Code Section 312.14 requires all cities to submit the Street Finance Report (SFR) to the Iowa Department of Transportation (DOT) by December 1st of each year. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Street Finance Report for the period beginning July 1, 2022, through June 30, 2023, be approved. Passed and approved this 21st day of November , 2023. r M dy6r Attest: I % } r -�C City Clerk It was moved by Alter adopted, and upon roll call there were: Ayes: x Approved by City Attorney' Office —11 /08/2023 and seconded by Taylor the Resolution be Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 7.11h. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21. 2023 Motion to accept the proposed FY25 budget for the Iowa City Downtown District, as approved by the Iowa City Downtown District Advisory Board. Prepared By: Rachel Kilburg, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Eric Goers, City Attorney Fiscal Impact: N/A Staff Recommendation: Approval Commission Recommendations: N/A Attachments: ICDD FY25 Proposed Budget ICDD FY25 Public Meeting Minutes 11.9.2023 Executive Summary: The operating agreement between the City of Iowa City and the Iowa City Downtown District (TCDD) stipulates the process for City approval and incorporation of the district's annual budget. In accordance with the Operating Agreement, the ICDD Advisory Board held a public meeting November 9, 2023 and approved the FY25 Proposed Budget for submission to the City for review. Staff find it to be in compliance with the terms of the original petition, enabling ordinance and operating agreement. Background /Analysis: It should be noted that budget contains the ICDD's projections for property tax income. However, the district has communicated that they intend to collect the maximum amount generated by the authorized SSMID levy. Therefore, if property tax income exceeds the ICDD budget projections, staff will proceed in transferring the full amount entitled through the enabling ordinance and operating agreement. Iowa City Downtown District $143,000 $155,300 -7.9% Slight decrease in marketing F 25 Preliminary Draft Budget comparison to W24 Budget $388,800 -3.0% Anticipate similar event revenue goals to FY24 November 2023 $698,000 $268,800 159.7% Increase in clean and safe services with Black by Block contract e Programs & Initiatives Fv24 Actual Percent 10 Office Administration W25 Budget w Budget Change @ Reflects bookkeeping, insurance etc. 11 Personnel $2.50lery we Comparison $2.50 Comments INCOME $150 $21,797 -99.3% 13 TOTAL EXPENSES $610,000 $609,247 0.1% No change anticipated in property valuations from FV24. Levy Rate change to $2.50 per 2016 Petition 1 SSMID Larry Collection $0 $0 Major shift in programs, Impacts FY25 budget 2 University of Iowa Contribution $200,000 $200,000 0.0% Continuing steady; check annually 3 Program& Initiatives Income $465,000 $100,000 365.0% Estimating significant change to Block by Block contract in partnership with the City 4 Events & Sponsor Income $417,750 $415,250 0.6% Estimating similar event attendance to Fy24 s TOTALINCOME $1,692,750 $1,324,497 27.8% 6 District -Wide Marketing $143,000 $155,300 -7.9% Slight decrease in marketing 7 Event Expense $377,300 $388,800 -3.0% Anticipate similar event revenue goals to FY24 $698,000 $268,800 159.7% Increase in clean and safe services with Black by Block contract e Programs & Initiatives 10 Office Administration $83,800 $85,300 -1.8% Reflects bookkeeping, insurance etc. 11 Personnel $390,500 $404,500 -3.5% Reflects 4 FTE 12 Contingency $150 $21,797 -99.3% 13 TOTAL EXPENSES $1,692,750 $1,321,497 0.09, 14 NET GAIN y LOS$ $0 $0 Major shift in programs, Impacts FY25 budget IOWA CITY DOWNTOWN DISTRICT Advisory Committee Meeting Meeting Minutes from Public Review of FY25 Budget November 9, 2023 at 11:30 a.m. at Iowa City City Hall, Helling Conference Room Attendance: Iowa City Downtown District Public Advisory Committee Representative Present: Anthony Branch Iowa City Downtown District Staff Present: Betsy Potter Iowa City Staff, ICDD Ex -Officio Board Member Present: Rachel Kilburg AGENDA Call to Order The meeting was called to order at 11:30 a.m., November 9, 2023. Discussion The Preliminary Draft FY25 Budget was briefly discussed and approved by the Advisory Committee representative. No members of the public attended to comment on the budget review. Adjourn The meeting was adjourned at 11:35 a.m. Item Number: 7.i. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Motion to accept the proposed FY25 budget for the South of 6 Business District, as approved by the South of 6 Advisory Board. Prepared By: Rachel Kilburg, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Eric Goers, City Attorney Fiscal Impact: N/A Staff Recommendation: Approval Commission Recommendations: N/A Attachments: FY25 So.6 Preliminary Budget So.6 FY25 Public Meeting Minutes 11.9.2023 Executive Summary: The operating agreement between the City of Iowa City and the South of 6 Business District (So.6) stipulates the process for City approval and incorporation of the district's annual budget. In accordance with the Operating Agreement, the So.6 Advisory Board held a public meeting November 9, 2023 and approved the FY25 Proposed Budget for submission to the City for review. Staff find it to be in compliance with the terms of the original petition, enabling ordinance and operating agreement. Background /Analysis: It should be noted that budget contains the So.6's projections for property tax income. However, the district has communicated that they intend to collect the maximum amount generated by the authorized SSMID levy. Therefore, if property tax income exceeds the So.6 budget projections, staff will proceed in transferring the full amount entitled through the enabling ordinance and operating agreement. FY25 So.6 budget City Operating Agreement .xlsx Jul 2024 - Jun 2025 Fiscal Year July 2024 - June 2025 $ ...................................................................._................................................................................................................................................................................................................................_ 100, 000....TotalIncome _ .............................................................................................................................................................................................................. ..................................._100,000_..........._SSMI ...................................................................._................................................................................................................................................................................................................................ 55,008: levy amount ........................................................................................................................................................ ....................................................................e................................................................................................................................................................................................................................ .......................................... 200 3.. ............................................................................................................................................................................................................................................... Reserves $ 96,781:Expenses ................................................................................................................................................................................................................................ $ 19 Budget balance $ ...................................................................._................................................................................................................................................................................................................................_ 61,508: Personnel: ED Salary & Benefits $ :.....................................................................:.................................................................................................................................................................................................................................. 55,008: salary $ ....................................................................................................................................................................................................................................................................................................... 1,500: retirementi ...$..........................................5,000................Insurance stipend.................................................................................................................................................................. ...$..........................................5,000....._MarketinB............................................................................................................................................................................................... ..........................................5, 000 marketing .............................................................................................................................................................................. $ .....................................................................:................................................................................................................................................................................................................................. 11,197:Office $ :.................................................................._.:.................................................................................................................................................................................................................................. 480: website $30/month; email $10/month $ ................................................................... 15 _.:.................................................................................................................................................................................................................................; annual domain name $ .....................................................................:.................................................................................................................................................................................................................................: 2,000: one-time redesign fee $ 1,080 ickbooks Online $90/month Qu....... ......... l ......... ) ......... $ ......................................................................................................................................................................................................................................................................................................: 34 WHITE Device - Verizon landline $2.77/mo $ ....................................................................................................................................................................................................................................................................................................... 240: Verizon phone plan - $20/mo i $ 250 office supplies (printer ink, paper,. envelopes, business cards, postage) $ ....................................................................................................................................................................................................................................................................................................... 5,400: office space: $450/month i $ .....................................................................:.................................................................................................................................................................................................................................: 198: PO Box ........................................._1,500..............._Storage ($_125/month).....................................................................................................................................................: ........................................_3,170.._._Professional fees .............................................................................................................................................................................................................. $ ....... ...........lawyer ..........._lawyer................................................................................................................................................................................................I ..........................................1, 000 :............_accountant ..payroll...............................................................................................................................................................I ...$..........................................1,000.................accountant (tax preparation)....................................................................................................................................! $ 170 accountant on call assists - 3 hrs in 15 min. increments ........ (......... .......) ......... ....... ......... ......... .. $ ...................................................................................................................................................................................................................................................................................................... 1,000: review $ ....................................... 5,906 Insurance (liability) Premiums .............................(............._�')................................................................................................................................................................ ..... ..........................................5, 906.............._liability.............................................................................................................................................................................................. $ .....................................................................:.................................................................................................................................................................................................................................: 10,000 :Projects 10/18/2023 10:38:52 AM SOUTH OF 6 BUSINESS DISTRICT Advisory Committee Meeting Meeting Minutes from Public Review of FY25 Budget November 9, 2023 at 11 a.m. at Helling Conference Room, Iowa City City Hall Attendance: South of 6 Business District Public Advisory Committee Representative Present: James Mims, Tasha Lard, Liz Walters, Erin Sullivan South of 6 Business District Staff Present: Angie Jordan Iowa City Staff, So.6 Ex -Officio Board Member Present: Rachel Kilburg AGENDA Call to Order The meeting was called to order at 11 a.m., November 9, 2023. Discussion The Preliminary Draft FY25 Budget was briefly discussed and approved by the Advisory Committee representatives. No members of the public attended to comment on the budget review. Adjourn The meeting was adjourned at 11:07 a.m. Item Number: 7.j. CITY OF IOWA CITY k� COUNCIL ACTION REPORT November 21, 2023 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the May 2, 2023 Consultant Agreement by and between the City of Iowa City and Strand Associates, Inc., of Madison, Wisconsin to provide engineering consultant services for the Renewable Natural Gas Project. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation Attachments: Resolution Amendment Ben Clark, Sr. Engineer Tim Wilkey, Wastewater Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $1,418,500 available in the Wastewater Digester Gas Improvements account #V3184 Approval N/A Executive Summary: This agenda item authorizes an amendment to the Consultant Agreement for the Digester Complex Rehabilitation Project to include design services for the addition of renewable natural gas equipment and systems into the project. Background /Analysis: The City of Iowa City recently commissioned a facility plan for the Digester Complex that, among other things, evaluated energy recovery alternatives for the biogas produced during the anaerobic digestion of organic matter during the waste treatment process. Staff would like to further pursue an identified alternative that will allow the plant to produce pipeline quality gas for sale on the renewable fuel markets. Potential funding opportunities related to the Inflation Reduction Act have been identified and will also be pursued. Digester gas will be treated to a quality acceptable to the local natural gas utility and injected in a nearby natural gas pipeline. Digester gas that is used as natural gas has considerable value in today's renewable fuel markets through the trading of renewable identification numbers (RINs) by way of the Renewable Fuel Standard (RFS) program. The project will include gas conditioning equipment for moisture removal, gas compression, hydrogen sulfide removal, siloxane removal, and carbon dioxide removal that are required to meet local gas utility quality requirements. The conditioned gas will then be sent to a regulating station, which includes a remote pressure control system, odorizer tank, and gas quality monitoring equipment to regulate the injection of digester gas to the nearest high -load transmission pipeline. The renewable natural gas project at the Wastewater Plant was identified in the Biogas Utilization Feasibility Study prepared in response to the Accelerating Iowa City's Climate Actions report in April 2020. This project was presented to the Climate Action Committee on October 2, 2023 and they were favorable in moving the project forward. Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5436 Resolution No. 23-304 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 1 to the May 2, 2023 Consultant Agreement by and between the City of Iowa City and Strand Associates, Inc., of Madison, Wisconsin to provide engineering consultant services for the Renewable Natural Gas Project. Whereas, the City entered into an Agreement with the Consultant to provide conceptual design services related to the potential addition of renewable natural gas (RNG) equipment and systems into the current Project; and Whereas, based on the conceptual design evaluations, the City desires to include the RNG work in the Project as a means to beneficially reuse digester gas to meet the City's goals included in its Climate Action Plan and can generate revenue from the RNG sales through the Federal Renewable Fuel Standard program as well as. other voluntary RNG markets; and Whereas, the Consultant (or its subconsultants) have the expertise to complete the services included in this Amendment; and Whereas, the additional services required to add the RNG work to. the Project is outside the scope of the original Agreement and will require additional time and compensation to complete the design services; and Whereas, the City now desires to amend the Agreement to integrate these additional services into the Project; and Whereas, Consultant is willing to perform these additional services in exchange for a revised time of completion and additional compensation; and Whereas, bidding and construction phase services are additional services that will be included in a future amendment once the design has been finalized and the scope, schedule and project complexity have been determined; and Whereas, funds are available in the Digester Complex Rehabilitation fund #V3151 and in the Wastewater Digester Gas Improvements fund #V3184 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement Amendment 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. 23-304 Page 2 Passed and approved this 21st day of Attest: ' City blerk November ,2023 r - May Approved bb G City Attor ey's Office (Liz Craig -11/16/2023) It was moved by Alter and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: x Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Consultant Agreement Amendment No. 1 This Amendment No. 1 to the May 2, 2023, Consultant Agreement for the Digester Complex Rehabilitation Project (the "Project"), by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Strand Associates, Inc.®, of Madison, Wisconsin, hereinafter referred to as the Consultant is made and entered into this 21st day of November , 2023. Whereas, the City entered into an Agreement on May 2, 2023, with the Consultant to provide design engineering services for the Digester Complex Rehabilitation Project; and Whereas, the City entered into an Agreement with the Consultant to provide conceptual design services related to the potential addition of renewable natural gas (RNG) equipment and systems into the current Project; and Whereas, based on the conceptual design evaluations, the City desires to amend the May 2, 2023 Agreement to include design of the RNG system as a means to beneficially reuse digester gas to meet the City's goals included in its Climate Action Plan and generate revenue from the RNG sales through the Federal Renewable Fuel Standard program as well as other voluntary RNG markets; and Whereas, the Consultant has the expertise to complete the services included in this Amendment; and Whereas, the additional services required to add the RNG work to the Project is outside the scope of the original Agreement and will require additional time and compensation to complete the design services; and Whereas, the City now desires to amend the Agreement to integrate these additional services into the Project; and Whereas, Consultant is willing to perform these additional services in exchange for a revised time of completion and additional compensation; and Whereas, the City anticipates amending the Agreement further to contract with Consultant for bidding and construction phase services once the designs have been finalized and the scope, schedule and project complexities have been determined; and Whereas, funds are available in the Digester Complex Rehabilitation fund #V3151 and in the Wastewater Digester Gas Improvements fund #V3184. Now Therefore, it is agreed by and between the parties hereto that the Agreement is hereby amended as follows: Scope of Services is hereby amended as follows: Under Design Services, Item No. 1, ADD the following Page 1 of 4 Construction of new RNG production and conveyance facilities. The equipment, electrical gear, and appurtenances are anticipated to be skid -mounted in manufacturer -provided enclosures and installed on a concrete base. The manufacturer -provided enclosures shall be provided with the required ventilation, power distribution, and lighting to meet all required building and electrical codes. The facilities will include the following: (1) Raw digester gas conveyance to the RNG equipment. (2) Hydrogen sulfide and siloxane removal equipment. (3) Carbon dioxide removal equipment. (4) RNG compression equipment. (5) Approximately 2,600 feet of one -inch RNG pipeline to utility connection. (6) Thermal oxidizer for RNG plant tail gas. (7) Metal enclosures for the skid -mounted RNG systems. (8) Concrete foundations for the RNG systems. (9) Site work and utility work associated with the new RNG installation." REPLACE Item No. 10 with the following: Prepare two sets of Bidding Documents using Engineers Joint Contract Documents Committee C-700 Standard General Conditions of the Construction Contract, 2018 edition, technical specifications, and engineering drawings. The two construction contracts are anticipated to be the Digester Complex Rehabilitation Project and Renewable Natural Gas (RNG) Project. ADD the following after Item No. 10: 11. Communicate with the IDNR as appropriate to provide review and approval of the RNG construction location within the 100 -year floodplain in accordance with the City's Floodplain Development Permit. Provide flood modeling to assess the floodplain and floodway limits. The previous flood model developed by a third -party shall be provided to Consultant for its use. 12. Conduct a topographical survey of the RNG gas main route from the WWTF to the connection to the MiclAmerican Energy Corporation (MEC) connection approximately 2,600 feet south of the WWTF. 13. Provide geotechnical services for the RNG Project, including soil borings and geotechnical reports related to the RNG equipment location and the MEC tie-in location. ADD the following to the Scope of Services: Equipment Procurement -Related Services Assist the City in procuring RNG upgrading equipment and gas quality monitoring station at approximately the 30 percent design stage. The following services are anticipated: 1. Conduct two RNG procurement review meetings with City to develop design criteria and technical specifications, including performance criteria, testing criteria, and penalties/remedies if equipment does not perform as specified or if the manufacturer Page 2 of 4 fails to meet the criteria established for documenting physical work at the start of construction, as required by the Inflation Reduction Act (IRA). Provide equipment procurement Bidding Documents consisting of front end specifications and technical specifications, drawings, and details. The Contract Documents are anticipated to use the City's front end contract documents or front end contract documents provided by Consultant. The City's front end documents shall require the contractor to name Consultant and its subconsultants as an additional insured on its General Liability and Automobile Liability insurance and to indemnify the Consultant and its subconsultants in the same manner and to the same extent as the City. 3. Participate in a virtual prebid meeting with equipment vendors. 4. Assist the City in reviewing the Bids received. 5. Review RNG and gas quality monitoring equipment shop drawings and submittals in accordance with Bidding Documents. 6. Facilitate one virtual or in-person manufacturing facility visit to review start of fabrication. 7. Attend factory testing of equipment if domestic manufacturer is selected. Consultant's instrumentation and process mechanical staff will attend for one day. 8. Assist City in communicating with MEC regarding characteristics required for RNG pipeline distribution. 9. Provide technical information to City's selected tax advisor to assist with monetizing tax credits through the IRA 10. Assist City with the selecting a third party to perform an engineering review, site visit, engineering report, validation, verification, renewable identification number attestation, reporting and monitoring, United States Environmental Protection Agency Moderated Transaction System account administration quality assurance plans, and other criteria to allow City's participation in the Renewable Fuel Standard program. 11. Develop contract criteria to allow the City to assign the pre -purchase equipment contract to the construction contract. Time of Completion is hereby amended as follows. The table included in the original Agreement shall be replaced with the following table: Scope Item Anticipated Milestone Completion Date Kickoff Meeting Completed Thirty Percent Design Documents to City February 2024 Thirty Percent Design Review Meeting March 2024 RNG Equipment Pre- rocurement Bidding March 2024 Sixty Percent Design Documents to City May 2024 Sixty Percent Design Review Meeting June 2024 Page 3 of 4 Scope Item Anticipated Milestone Completion Date Ninety Percent Design Documents to City October 2024 Ninety Percent Design Review Meeting October 2024 IDNR Submittal November 2024 Final Bidding Documents to City December 2024 III. Compensation for Services Consultant shall be compensated for the Amendment No. 1 services on an hourly rate basis in accordance with Hourly Billing Rate Schedule of the Consultant Agreement in an amount not to exceed $1,418,500. The total compensation for services, as herein amended, shall not exceed $2,981,900. IV. All other provisions of the May 2, 2023, Consultant Agreement not specifically amended herein shall remain in full force and effect. FOR THE CITY FOR THE CONSULTANT CITY OF IOWA CITY STRAND ASSOCIATES, INC.® By: By: Joseph M. Bunker Title: Mayor Title: Corporate Secretary Date: 11/21/2023 Date: ATTEST: ATTEST: M) . Approved by: A � 7 i City A rney's Office Date: l/ bo 1,9 Page 4 of 4 Item Number: 7.k. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution authorizing the City Manager to sign a 28E Agreement with the Iowa Department of Revenue for tobacco enforcement. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Dustin Liston, Police Chief Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution 28E Agreement Dept of Revenue Executive Summary: The Iowa Dept. of Revenue is authorized to provide enforcement for Iowa's tobacco, alternative nicotine and vapor product laws and is willing to provide funding in FY24 to the City for engaging in compliance checks and enforcement checks for Iowa's laws governing these products. This resolution approves the attached 28E Agreement for Tobacco, Alternative Nicotine and Vapor Product Enforcement, which is substantially similar to past agreements n0F'1'0,4Iowa Secretary of State321 East 12th Street Des Moines, IA 50319 sos.iowa.gov - 28E Agreement Participants Full Legal Name Organization Type County - • . Iowa Department of Revenue State Agency Polk '-,• Iowa City Police Department city Johnson 0 - Unknown Service Type FILED Filing Date: 01/0212024 03:09 PM Filing Number: M516683 The parties have entered into this Agreement for the purpose of providing and funding tobacco, alternative nicotine, and vapor product enforcement activities in compliance with Iowa Code section 453A.2. The legal authority for this agreement is Iowa Code chapter 28E, Iowa Code section 453A.2, and MOU-2024-ABD01 Memorandum of Understanding between the Iowa Department of Health and Human Services Division of Tobacco Use and Prevention and Control and Iowa Department of Revenue. r.,. 06(3012024 L Contact Person: (Optional) Prepared by: Susan Dulek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 Resolution No. 23-305 Resolution authorizing the City Manager to sign a 28E Agreement with the Iowa Department of Revenue for tobacco enforcement. Whereas, the Iowa Department of Revenue is authorized to provide enforcement for Iowa's tobacco, alternative nicotine and vapor product laws; and Whereas, the Iowa Department of Revenue is willing to provide funding for FY24 to the City for engaging in compliance checks and enforcement checks for Iowa's tobacco, alternative nicotine, and vapor product laws; and Whereas, it is in the interest of the City to sign the attached 28E Agreement for Tobacco, Alternative Nicotine and Vapor Product Enforcement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is hereby authorized to sign the attached 28E Agreement for Tobacco, Alternative Nicotine and Vapor Product Enforcement and is authorized to sign amendments as needed. Passed and approved this 21st day of November, 2023. Attest: City Clerk Approved by City Attorm s Office (Sue Dulek — 11/14/2023) It was moved by a1 teT and seconded by the Resolution be adopted, and upon roll call there were: Ayes: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas 28E AGREEMENT FOR TOBACCO, ALTERNATIVE NICOTINE AND VAPOR PRODUCT ENFORCEMENT This agreement ("Agreement") is made and entered into on the Effective Date by and between the Iowa Department of Revenue ("IDR"), and Iowa City Police Department ("Department"). The parties agree as follows: SECTION 1. IDENTITY OF THE PARTIES. 1.1 IDR. IDR is an agency of the State of Iowa is authorized, pursuant to Iowa Code chapter 453A and a memorandum of understanding with the Iowa Department of Health and Human Services, to provide enforcement for Iowa's tobacco, alternative nicotine, and vapor product laws. IDR's address for the purposes of this Agreement is: 1918 SE Hulsizer Road, Ankeny, Iowa 50021. 1.2 Department. The Department operates a duly -recognized Iowa law enforcement agency. The Department's address is: 410 E. Washington Street, Iowa City, IA 52240. SECTION 2. PURPOSE. The parties have entered into this Agreement for the purpose of providing and funding tobacco, alternative nicotine, and vapor product enforcement activities in compliance with Iowa Code section 453A.2. The legal authority for this agreement is Iowa Code chapter 28E, Iowa Code section 453A.2, and MOU-2024-ABD01 Memorandum of Understanding between the Iowa Department of Health and Human Services Division of Tobacco Use and Prevention and Control and Iowa Department of Revenue. SECTION 3. TERM. The term of the Agreement shall be from the aforementioned date through June 30, 2024, unless earlier terminated in accordance with the terms of the Agreement. SECTION 4. FILING. Pursuant to Iowa Code section 28E.8, IDR shall electronically file the Agreement with the Iowa Secretary of State, after the Parties have executed the Agreement. SECTION 5. RESPONSIBILITIES OF THE PARTIES. 5.1 Responsibilities of the Department. 5.1.1 Local Tobacco, Alternative Nicotine and Vapor Product Enforcement, The Department shall provide tobacco, alternative nicotine, and vapor product enforcement of Iowa Code chapter 453A. 5.1.2 Compliance Checks. 5.1.2.1 "Compliance checks" means activity to enforce tobacco, alternative nicotine, and vapor product laws in accordance with Iowa Code section 453A.2 within the jurisdiction of the Department. Compliance checks also may include enforcement of Iowa Code section 453A.2 within additional jurisdictions upon agreement of the Parties. IDR shall make available to the Department the location of each tobacco, alternative nicotine, and vapor product permit holder subject to a compliance check by the Department at https://tobacco.iowaabd.com/. 5.1.2.2 The Department shall perform one (1) compliance check of each tobacco, alternative nicotine and vapor product permit holder within the jurisdiction of the Department during the term of the Agreement. Please note that alternative nicotine, and vapor products are age - restricted pursuant to Iowa Code section 453A.2 and are therefore included in the I -PLEDGE program. Attempts to purchase alternative nicotine and vapor products may be conducted at any retailer that sells these products. 5.1.2.3 5.1.2.4 The compliance check shall be completed and submitted for reimbursement to IDR by February 15, 2024. The Department should try to complete a compliance check of all seasonal businesses, such as golf courses, marinas, and bait shops, before the businesses close for the 2023 business year, but not before October 1, 2023. If the Department is unable to complete the compliance checks on seasonal businesses prior to the businesses close for the 2023 business year, the Department shall work with IDR to establish a plan for completing these compliance checks. 5.1.2.5 The Department shall conduct a second compliance check on any retailer that is found to be non-compliant during the first inspection. The second compliance check on the non-compliant retailer shall be completed and entered no later than May 15, 2024. 5,1.2.6 Clerks that fail compliance checks shall be ticketed criminally. 5.1.2.7 The Department shall, within seven (7) business days, notify the retail owner or manager of any violation. Within seventy-two (72) hours of the Department issuing a citation for a violation of Iowa Code § 453A.2(1) to a permit -holder or employee of a permit -holder, the Department must notify the local permit -issuing authority that issued the tobacco, alternative nicotine, and vapor product permit to the retailer where the offense was committed, 5.1.2.8 If the Department fails to complete and submit reimbursement for compliance checks to IDR by February 15, 2024, [DR will consult with the Department to establish a plan for completing the remaining compliance checks. In the event that the Department fails to execute the agreed upon plan, the Department agrees that IDR may authorize the Iowa State Patrol or other law enforcement agency to conduct any remaining compliance checks. 5.1.3 Underage Purchaser Volunteers. Utilization of underage purchaser volunteers is strongly encouraged, where feasible. The Department may compensate the underage purchasers involved in the compliance checks in a manner consistent with Section 6 . Underage purchasers from the age of sixteen to twenty years old may be utilized in the program. Keep in mind that the federal government (SYNAR) will not allow underage purchasers under the age of sixteen to be used to conduct compliance checks. Please ensure that the officers assigned to conduct the compliance checks do not work with an underage purchaser younger than age of sixteen. If utilizing multiple underage purchasers to perform compliance checks, please ensure that a representative mix of 16, 17, 18, 19 and 20 year old underage purchasers are used when feasible. 5.1.4 Routine Enforcement. In addition to conducting compliance checks, the Department agrees to regularly enforce underage tobacco, alternative nicotine and vapor product laws by ticketing underage offenders. 5.1.5 Civil Proceedings. The Department shall cooperate with city, county, and state prosecutors if civil permit proceedings are initiated against a tobacco, alternative nicotine, and vapor product permit holder. The Department shall also cooperate in proceedings against cited clerks and underage persons. Cooperation shall include, but not be limited to, sharing investigative reports and copies of issued citations, as well as providing witness statements and testimony. 5.1.6 Compliance Reports. The Department shall provide monthly reports to IDR in the manner prescribed by IDR. 5.1.7 Miscellaneous. The Department shall be responsible for the day-to-day administration of its tobacco, alternative nicotine, and vapor product enforcement activities. The Department shall provide all office space, equipment, and personnel necessary to conduct tobacco, alternative nicotine, and vapor product enforcement activities under the Agreement. The Department is solely responsible for the selection, hiring, disciplining, firing, and compensation of its officers. 5.2 Responsibilities of IDR. 5.2.1 Enforcement Guidance. IDR shall provide guidance on tobacco, alternative nicotine, and vapor product enforcement to the Department, if needed, and cooperate with the Department in the performance of the Agreement. 5.2.2 Payment. IDR shall pay the Department in the manner described in Section 6 of this Agreement. 5.2.3 Cooperation. If IDR believes that any officer of the Department fails to perform duties in a manner that is consistent with the Agreement, IDR shall notify the Department. The Department shall then take such action as necessary to investigate and, if appropriate, discipline or reassign the officer away from tobacco, alternative nicotine, and vapor product enforcement activities. IDR shall have no authority to discipline or reassign an officer, except that IDR shall have the authority to stipulate that a particular officer not be assigned to provide services under the Agreement. 5.2.4 Insurance, Benefits, and Compensation. IDR shall not provide for, nor pay, any employment costs of the Department's officers including, but not limited to, worker's compensation, unemployment insurance, health insurance, life insurance, and any other benefits or compensation, nor make any payroll payments with respect to the Department's officers. IDR shall have no liability whatsoever for all such employment costs or other expenses relating to, or for the benefit of, the Department's officers. SECTION 6. PAYMENT TO DEPARTMENT. 6.1 Method of Payment. In consideration for providing the services required by the Agreement, the Department shall be paid on a flat fee basis of seventy-five dollars ($75) per reported compliance check. The flat fee payment for each compliance check constitutes the full and exclusive remuneration for the compliance checks. For example, compensation of underage purchasers is the sole responsibility of the Department and is to be paid from the flat fee payment. 6.2 Eligible Claims. Compliance checks that are conducted on or after October 1, 2023 are eligible for payment provided that the results are reported in accordance with Section 5. Any compliance checks that were funded by a non -departmental entity are not eligible for payment, 6.3 Allocations. The costs of the services referred to in Section 6.1 shall be allocated as follows: 6.3.1 Sole Activity. Money paid to the Department, pursuant to the Agreement, shall be used to fund overtime of full- or part-time peace officer positions solely for tobacco, alternative nicotine and vapor product enforcement activities described in the Agreement. Money also shall be used for compensation, if any, of underage purchasers. In addition, the Department may use money paid pursuant to the Agreement for reasonable Department expenditures, including, but not limited to, officer training and equipment, provided that such expenditures do not impair the Department's ability to perform tobacco, alternative nicotine and vapor product enforcement activities. 6.4 Payment in Arrears. IDR shall verify the Department's performance and compliance with this Agreement before making payment. IDR shall pay all approved invoices in arrears and in conformance with Iowa Code section 8A.514. IDR may pay in less than sixty (60) days, but an election to pay in less than sixty (60) days shall not act as an implied waiver of Iowa Code section 8A.514. Unless otherwise agreed in writing by the Parties, the Department shall not be entitled to receive any other payment or compensation from IDR or the State of Iowa for any Compliance Checks not compliant with this Agreement. The Department shall be solely responsible for paying all costs, expenses, and charges it incurs in connection with its performance under this Agreement. SECTION 7. ADMINISTRATION OF AGREEMENT. IDR and the Department shall jointly administer the Agreement. SECTION 8. NO SEPARATE ADMINISTRATIVE ENTITY. No new or separate legal or administrative entity is created by the Agreement. SECTION 9. NO PROPERTY ACQUIRED. IDR and the Department, in connection with the performance of the Agreement, shall acquire no real or personal property. SECTION 10. TERMINATION. 10.1 Termination for Convenience. Following twenty (20) days written notice, either party may terminate the Agreement, in whole or in part, for convenience without the payment of any penalty or incurring any further obligation to the non -terminating party. Following termination for convenience, the non -terminating party shall be entitled to compensation, upon submission of invoices and proper proof of claim, for services provided under the Agreement to the terminating party up to and including the date of termination. 10.2 Termination Due to Lack of Funds or Change in the Law. Notwithstanding anything in this Agreement to the contrary, and subject to the limitations set forth below, IDR shall have the right to terminate this Agreement without penalty and without any advance notice as a result of any of the following: 10.2.1 The legislature or governor fail in the sole opinion of IDR to appropriate funds sufficient to allow IDR to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement; 10.2.2 If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by IDR to make any payment hereunder are insufficient or unavailable for any other reason as determined by IDR in its sole discretion; 10.2.3 If IDR'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; 10.2.4 If IDR's duties, programs or responsibilities are modified or materially altered; 10.2.5 If there is a decision of any court, administrative law judge, or an arbitration panel or any law, rule, regulation, or order is enacted, promulgated, or issued that materially or adversely affects [DR's ability to fulfill any of its obligations under this Agreement. IDR shall provide the Department with written notice of termination pursuant to this section. 10.3 Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for any party to declare another party in default of its obligations under the Agreement: 10.3.1 Failure to observe and perform any covenant, condition or obligation created by the Agreement; 10.3.2 Failure to make substantial and timely progress toward performance of the Agreement; 10.3.3 Failure of the party's work product and services to conform with any specifications noted herein; 10.3.4 Infringement of any patent, trademark, copyright, trade dress or any other intellectual property right. 10.4 Notice of Default. If there occurs a default event under Section 10.3, the non - defaulting party shall provide written notice to the defaulting party requesting that the breach or noncompliance be immediately remedied. In the event that the breach or noncompliance continues to be evidenced ten days beyond the date specified in the written notice, the non -defaulting party may either: 10.4.1 Immediately terminate the Agreement without additional written notice; or, 10.4.2 Enforce the terms and conditions of the Agreement and seek any available legal or equitable remedies. SECTION 11. CONTACT PERSON. At the time of execution of the Agreement, each party shall designate, in writing, a Contact Person to serve until the expiration of the Agreement or the designation of a substitute Contact Person. During the term of the Agreement, each Contact Person shall be available to meet, as otherwise mutually agreed, to plan the services being provided under the Agreement. SECTION 12. CONTRACT ADMINISTRATION. 12.1 Amendments. The Agreement may be amended in writing from time to time by mutual consent of the parties. All amendments to the Agreement must be fully executed by the parties. 12.2 Third Party Beneficiaries. There are no third party beneficiaries to the Agreement. The Agreement is intended only to benefit IDR and the Department. Page 5 of 8 12.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the conflict of law provisions of Iowa law. Any and all litigation commenced in connection with this Agreement shall be brought and maintained solely in Polk County District Court for the State of Iowa, Des Moines, Iowa, or in the United States District Court for the Southern District of Iowa, Central Division, Des Moines, Iowa, wherever jurisdiction is appropriate. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to IDR or the State of Iowa. 12.4 Assignment and Delegation. The Agreement may not be assigned, transferred, or conveyed in whole or in part without the prior written consent of the other party. 12.5 Integration. The Agreement represents the entire Agreement between the parties and neither party is relying on any representation that may have been made which is not included in the Agreement. 12.6 Headings or Captions. The paragraph headings or captions are for identification purposes only and do not limit nor construe the contents of the paragraphs. 12.7 Not a Joint Venture. Nothing in the Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture, association of any kind or agent and principal relationship between the parties. Each party shall be deemed an independent contractor acting toward the expected mutual benefits. No party, unless otherwise specifically provided for herein, has the authority to enter into any contract or create an obligation or liability on behalf of, in the name of, or binding upon the other party to the Agreement, 12.8 Supersedes Former Agreements. The Agreement supersedes all prior Agreements between IDR and the Department for the services provided in connection with the Agreement. 12.9 Waiver. Except as specifically provided for in a waiver signed by duly authorized representatives of IDR and the Department, failure by any party at any time to require performance by the other party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach, the right to require performance with respect thereto, or to claim a breach with respect thereto. 12.10 Notices. Any and all notices, designations, consents, offers, acceptances, or any other communication provided for herein shall be given in writing by a reliable carrier which shall be addressed to the person listed below at the address specified. From time to time, the Parties may change the name and address of an individual designated to receive notice. Such change of the designated person shall be in writing to the other Party and as provided herein. Such change shall not require an amendment to this Agreement. Each such notice shall be deemed to have been provided: 12.10.1 At the time it is actually received; or, 12.10.2 Within one day in the case of overnight hand delivery, courier or services such as Federal Express with guaranteed next day delivery; or, 12.10.3 Within five (5) days after it is deposited in the U.S. Mail in the case of registered U.S. Mail. Party: IDR Name: Jessica Ekman Title: Tobacco Program Coordinator Address: 1918 SE Hulsizer Road City, State Zip Code Ankeny, Iowa 50021 Phone Number: (515) 281-7434 E-mail Address Ekman@iowaabd.com Party: The Department Name: Dustin Liston Title: Chief Address: 410 E. Washington Street City, State Zip Code Iowa City, Iowa 52240 Phone Number: 319-356-5275 E-mail Address dustin-liston@iowa-city.org 12.11 Cumulative Rights. The various rights, powers, options, elections and remedies of any party provided in the Agreement, shall be construed as cumulative and not one of them is exclusive of the others or exclusive of any rights, remedies, or priorities allowed any party by law, and shall in no way affect or impair the right of any party to pursue any other equitable or legal remedy to which any party may be entitled as long as any default remains in any way un -remedied, unsatisfied, or un -discharged. 12.12 Severability. If any provision of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of the Agreement. 12.13 Time is of the Essence. Time is of the essence with respect to the performance of the terms of the Agreement. 12.14 Authorization. Each party to the Agreement represents and warrants to the other that: 12.14.1 It has the right, power, and authority to enter into and perform its obligations under the Agreement. 12.14.2 It has taken all requisite action (corporate, statutory or otherwise) to approve execution, delivery, and performance of the Agreement, and the Agreement constitutes a legal, valid, and binding obligation upon itself in accordance with its terms. 12.15 Successors in Interest. All the terms, provisions, and conditions of the Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. 12.16 Record Retention and Access. The Department shall maintain accurate, current, and complete records of the financial activity of this Agreement which sufficiently and properly document and calculate all charges billed to OR throughout the term of this Agreement and for a period of at least three years following the date of final payment or completion of any required audit (whichever is later). If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later. The Department shall permit IDR, the Auditor of the State, or any other authorized representative of the State and, where federal funds are involved, the Comptroller General of the United States or any other authorized representative of the United States government, to access and examine, audit, excerpt, and transcribe any directly pertinent books, documents, papers, electronically or optically stored and created records, or other records of the Department relating to invoices or payments or any other documentation or materials pertaining to this Page 7 of 8 Agreement, wherever such records may be located. The Department shall not impose a charge for audit or examination of the Department's books and records. Based on the audit findings, IDR reserves the right to address the Contractor's board or other managing entity regarding performance and expenditures. 12.17 Additional Provisions. The parties agree that any Addendum, Rider, or Exhibit, attached hereto by the parties, shall be deemed incorporated herein by reference. 12.18 Further Assurances and Corrective Instruments. The parties agree that they shall, from time to time, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the expressed intention of the Agreement. SECTION 13. EXECUTION. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the Agreement and have caused their duly authorized representatives to execute the Agreement. Iowa Department of Revenue SignadK� Date 12/29/23 Name: Mary Mosiman Title: Director �- t a Iowa City Police Department Signature Date Jz17 2' Name: F Title:1 ApprovedByy City Attorney's office Item Number: 7.1. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution approving energy efficiency agreement between IC Burg, LLC, and the City of Iowa City. Prepared By: Rachel Kilburg Varley, Economic Development Coordinator Fiscal Impact: Maximum $15,472.50 grant is funded by the Emergency Levy. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Agreement Executive Summary: This agenda item provides an energy efficiency grant to the Hamburg Inn No. 2 to replace an old a/c system with new high efficiency units. The maximum $15,472.50 grant is funded by the Emergency Levy, which is dedicated to Climate Action initiatives. This agenda item supports the City Council's Strategic Plan value of climate action. Background /Analysis: The Hamburg Inn No. 2 recently re -opened under new ownership, which has invested in necessary renovations to preserve this storied local business. As part of the renovations, the outdated 10.1 SEER air conditioning unit will be replaced with a higher efficiency 13 SEER unit. The replacement will save the Hamburg close to $500 in annual energy costs. In exchange, the Hamburg will participate in the City's Energy Benchmarking Program for at least 3 years, which will help the City better understand and monitor energy consumption in commercial and industrial properties. On August 6, 2019, the City Council declared a climate crisis for the City and accelerated the City's goals for carbon emission reduction to reach net -zero emissions by the year 2050. As a result of this declaration, the City Council accepted an action plan in their effort to accomplish this goal. In 2020, the City launched a targeted Commercial/Industrial Energy Efficiency Grant Program utilizing both TIF and Emergency Levy funding. The goal of the program was to provide incentives to commercial/industrial (C/1) users to improve energy efficiency, reduce carbon emissions required to power buildings and to help the City achieve a 45% reduction in carbon emissions by 2030. Under the program, a minimum total project cost of $40,000 was required. This agenda item pilots funding support for gap projects which exceed the maximum for smaller Climate Action Grant opportunities, yet do not meet the minimum for the prior C/I Energy Efficiency program. i r ,. My Of 1111111 111111 111 11111 11111 11111 11111 lliil 11111 11111 11111 11111 illll 11111 1111 1111 Doc ID: 032202880007 Type: GEN Kind: RESOLUTION Recorded: 12/04/2023 at 11:03:19 AM Fee Amt: $37.00 Pape 1 of 7 STATE OF IOWA } JohKimnPainterson nCounttv y/ Recorder >ss JOHNSON COUNTY SK 6531 PG609-615 ) 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. 23-306 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of November 2023, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 164 day of December 2023. �' ��e 1. A p�h ✓� C�?� ` Kellie K. Grace City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Rachel Kilburg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution number 23-306 Resolution approving energy efficiency agreement between IC Burg, LLC and the City of Iowa City. Whereas, the City of Iowa City adopted a Climate Action Plan in 2018 and an Accelerating Iowa City's Climate Actions report in 2020, including incentives for business to reduce carbon emissions, objectives of which may be funded from the Emergency property tax levy; and Whereas, Borrower, a commercial user in the Northside Marketplace, is seeking assistance to fund improvements to its facility that are anticipated to reduce its carbon emissions; and Whereas, objectives in the plan are funded in part from the Emergency property tax levy. Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa: Section 1. That this Agreement between the City of Iowa City Iowa and IC Burg, LLC is in the public interest of the residents of Iowa City; and Section 2. That said Agreement is consistent with the Climate Action Plan goals; and Section 3. That the Mayor is authorized and directed to execute the Agreement in a form approved by the City Attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk; and Section 4. That the Mayor and the City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein; and Section 5. That the City Clerk be directed to certify and record the resolution at IC Burg, LLC's expense; and Section 6. That the City Manager is hereby authorized to administer the terms of the attached Agreement. Passed and Approved this 21st day of November , 2023. Resoiution No. 23-306 .Page 2 Attest: IL City Cierk / Approved: G Com--✓ City Aft rney — 1 1 /16/2023 ., -2- Resolution No. Page 3 It was moved by Alter and seconded by the Resolution be adopted, and upon ­roll call there were: Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Energy ESldwey Forphrablo Loan Agreement Th:s AglftrrOm is hereby made by and bejwoem IC Burg I.M. Hamburg Inn No. 2 (Borrower) waoso phymcal address %214 N. Linn Streel, Iowa City. Iowa 52245, and the City of Iowa City. Iowa a municipal corporation whose address Is 410 Cost Washington Street, taws City. Iowa f't+A''1 Whereas, on August 8, 2019, the City Council declared a chmam aids for the City and accelerated the City's goals for carbon emission reduction to reach net -zero emissions by Ne year 2050 As a mean of this datleration, the City Council has accepted an action plan in their effort to accomplish mus goal. The Emergency property tax levy is being utilized to enhance and support efforts to reduce carbon emissions rJty-vMe and within City operations The Emergency property tax levy Is set at S 20 Par 81,000 of valualion this year and 1s aspected to generale over 8850,000 in revenue to be ubOzed to help the City meet its climate action goals; and Whereas, Borrmwe, a commercial use within per North Markelplace Commercial dismal, has applied for the; assistance to fund Improvsmonts to Its Whites eat one anticipated to reduce its carbon aMssens: and Whim as. Borrower, has applied for Uas assistance to had Improvements to ds teddies that ere anticipated to reds ire carbon emissions. Nov, theielcto fpr to consideration described herein, the parties agree a follows: j . Project The Project involves replacing two missing 10.1 SEER mfr conditioning unto in the reatmuant with two 13 SEER high efficiency units. The project Is projected to result in approximately 8480 In annual energy cast savings The Project will be completed by January 31. 2024 2. Legal description: lore City (Original Town) N 25' cf W 70', Lot 5, Block 58, according to thea Ssors welaMW 3. Economic DovelopreerA Grant In Bre event Borrower timely completes the Project described above and provides the City with evidence of invoces paid to contractors for ehgtre Pia)ed Consbudlon Costs m amounts that are equal to or exceed 530.945 00, Then the Cnty shall grant Barrower S15,47250. sublet[ to the lentis and conditions of this agraameit In no event shall the Cdy'a contribution toward Ifis Project exceed 50% of the total Pf&Ad cost f-Pancipal Amount-). Should he Posted cost be less Win the projected S30.945 DO, the City's lonlnhuaon will t>0 limped 10 50% at Ire actual Project Construction Costs Propect Conslnichon Costs are defined as the cast for the equipment and installation of life equipment as detailed in ft aUached Bid of Marvel 4. Science of Grad Furls United: Fulda for this Economic Development Grant shall came from the Emergency Lavy 5. standonance, Oporagon and Reporting: Borrower agrees to construct, maintain, and operate Bre Project in exceWnl wakng condition In a marmot consistent with the energy er0penoes described above tw a period of three years Borrower must enroll and parikrpele in me Cay's 6urgy Banchmi Program far trace 131 years, which will include uploading energy usage data Imo Eneroy5lar Portfolio Manager each month for the duralien of (ha Itvea•ycar pend rows O ys Climate Action Analyst posdm will provide staff support to the atinirwer for mW onratlman? m the Progem Thie data is matalal 10 the CIIy's determvrouon of whether me Project w being maintained and operated in accordonca with this agreement 6. Repayment Tom Borrower shell not be obigated to make payments toward the Principal Amount so kmg as Samovar whence and obligations described in Paragraphs i and 5 above. 7, inform No sanest "I menus on the principal Amount during lie tern of this loan. 8. Release The cry Nog fagive he Motddrg Grant an or about February 1, 2027, upon a datermmalon made in its sola rasomean that Borrower has Whetted the tarns of this Agmamem and Isar, a release to be raided in the Johnson County Retonsixes office a1 SarawaYs expense 9. Drbult and Remedy It Borawer does ret umsly mmpleis, mountain and OPOMIa the empiovemees as repured haram, fa three years nom ma aamplelal of the Prated the Pnnppal Ame,ml ciell be ImmadWWly due and payable rid days ager Ina City mmis ween media a Borrower to aro Ina der'aun at the address 16led above and Bonower's failure to rasa said defaJt The CM reserves the right to pursue arry other Moody available to It at law or squid' to adled the moats then due 10. Representations and 111hmatWes: Borrower represents and warrents (a) it la a company duty erganced and vididly exrsbng under the laws of the Slate of tows and I'M510mcl to do business in the State of lows and have ad requisite power ON authonty to Ooi and construe One Pro)ed. to terry on their businesses as nwr conducted and as Presently 11ro>osed to be condul%etl. and to enter into and perlerm Its obit galJons under this Agreement. Ib) This Agreement has been ON and ratidfr authorized. executed and delivered by the Barra", and. assuming due authorization, execution and delivery by the Gty. c1 In lull forge and effect and is a valid and legally binding instrument of Borrower enfon.eabfe In ecomisarce -0 Its terms, except as the same may be horded by ban)uupai insdvei rwfganlzai a other lavrs relating la or Belli ctedtom nghds genemni (C) Nellher Borrower nor any person err enbty with an awnarahrp interest of more man 25% of Bdnower have been adjudicated grapy or gable in any Judicial or admolstmilve PraCeeding Of mmmlthrg a repealed or willful vlolayon Of me laza Wage Payment Collection law, the lard Mmunum Wage Act, the Federal Fav Labor Standards Ad or arty comparable state statute Or local ordmani Which gwems the payment of wages In the last 5 years 11 Contractor Labor Law Comprtanca Borrower acknoviledgm dmf the City of rave C'ty mer not comae wlh nor Pnavide any economic development 4n iwea to any person or entity who has participated In wage [hell by' watanon of the lava Waga Payment Colfri law, the loves Minimum Wage Act the Federal Farr Lahti Standards Act (FLSA) or any comparable state statule or loot aruhmnm, which gwems die paymem al "ps hhsca"Ifteation of employees as Independent contractors is a vkUUon of dee FLSA end Is Included In die de9mlicn of wage theft. Borrower agrees that it mil regndra, In any construction contract for the Project the faming mitten pnrruii s. Pref of which must be provided to City pnor to the start of canaaurtion e) Agreement by the General Cw1hI= to wmpq Will as male, federal and iawl Iawe and regulations, w4udhng, but not hmdad to the requirements of Iowa Code Chapter 91C (ComraCpr RefWai wain the Iws fhv on of Labor), Iowa Code Chapter 91A tlowa Wage Payment Cori Lai Iowa Cade Chapter 91D (Malin Wage), the Federal Fair Labor Standards Act and the Internal Revenue Code, b) Agreement by me Genes) Contractor to protide to the Borrower and the City no Ia1a man the fitug of an aPOICaaon for Issuance of a budding perms, the names and addresses Of ®ch subcontractor and the di value of the work the subcontractor is expected to perform, C) Demonstration by the General Contractor that it has the capacity to meet all Performance. and labor and material pai banding requirements relative to the Project. a) Prand'ng W the City a Csrhfvate by the General Centladar3 insaw that II has In farce all maoranee coverage requrfed with rasped to cansouaron of the Project. Including 51 000,000 Cemrnaraat General Lobdety insurance and Wmk&rs CompersaUch Insurance as required try Chapter 65, Code of lawa e) Demmssbabon by the Ganem) Conaachu that it has requead all suhcontrados to agree m wnLrg. mat the Suhoonbager m9 oomply mm at state. raderat and lord laws and adframiLraWe rules and regulations, tneudetg. but not amted to the requirements of lava Code Chapter 91C (Contiado Regnbamn with the fora Division of Labor), lava Code Chapter 91A (Iowa "a"ge payment Catarbon Law), lows Code Chaplet 910 (Minimum Wage), the Federal Fav Labor Sbndards ACL and the Internal Revenue Code 11 Iddemnlncabon Benowar'Classes the Cdy and me govemug body members, officers, agena, sarvatlds and employees thereof (herernallar.'indemnified Pamee') nom. wvunm and agree that the Indemrufied Panes shall hall be IIaWe tor. and agora to mdemndy, delli and "i harmless the Indem 1rud iial aaut any toss Or damage to properly or any tryury to or deem of any person ocrow" at w short Of rasulli Item any dotes( in the Project of BefraWe(s Property desmbed in above 13 Cvvenard The Agreement shall wnsblule a covenant conning m[h the lard and sMi be binding upon and more to the benufa of the games hereto and then respective suoossors and awitma AgreedtoontiI&dRyOf Vlxjrui Borrower C�jy f Owner Name Teague, Mayor Owner, IC Burg LLC r� [_e�l /� Kelhc / Cly Ckwk �15, / L-6/ka [ ruck Cq Apun►f 0" " STATEOFKMK l I as. JOHNSON COUNTY ) On tlhb 1 day of e d �: �'�%C�023 .¢latJa ma, nhe m,eaNtrhn4 a phmac N eng for the stale of Jdv pmunaty appeamd ur q - ±• . as Mayor. and N'�.:(.[ —&Ac t as Cay Cleltc of the City of bwa Cay, lows —, e:x I X C Mldy mft in and br tro State d baa MY G.3j14-1 ©A5 STATE OF rr AS COUNTYOF�"i�J iJ j TAMARA NEUMANN CornrtAeelOn Number 838058 MY COMMISSION EXPIRES i7m MARCH 14,2W5 Ttb irmmmem was a&wm'adped baiwe fro On thlV LG'- � d ('iJ j( lt4by of tC Burp U.C., Hembup Im Mo- 2. Notary FUft 4IOrLTIN Y #EyNOtOS Oolnhhlrvl faaha><>t72755 Item Number: 8.a. Executive Summary: The property at 320 N. Governor St. was declared a public nuisance, and the City acquired it for $106,000 through condemnation. State law requires the City to convey the property to a buyer that will either rehabilitate the single-family home or demolish it and construct a new house. City staff has negotiated a purchase agreement, subject to formal approval by City Council, for the sale of the property for $115,000. This sale will reimburse the City for most, but not all, the expenses incurred. Background /Analysis: Under Section 364.12A of the Iowa Code, a municipality may condemn a residential building found to be a public nuisance and take title to the property. The property had a series of nuisance and safety violations dating back to the first complaint in 2018. In addition to tall grass, snow and ice accumulations, property abandonment, failing to register a vacant building, and animal infestation nuisances, there have been safety hazards the City has had to abate such as removal of a chimney at risk of collapsing. In early 2023 the City had an appraisal completed of the property and the appraised value was $106,000. The condemnation jury valued the property at $106,000, which is what the City paid to acquire it. The City currently has expenses of over $148,000 attributed to this property for property acquisition, condemnation costs, appraisal costs, insurance, property taxes, and repair costs to secure the building and address safety issues. The City listed the property with a realtor and will sell the property for $115,000. The addendum to the purchase agreement requires that the buyer either demolish the property within 90 days of closing or begin to renovate the property by immediately securing CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution setting public hearing for December 12, 2023, on a proposal to convey a single- family home located at 320 N. Governor Street. Prepared By: Tracy Hightshoe, NDS Director Reviewed By: Geoff Fruin, City Manager Sue Dulek, Ass't. City Attorney Fiscal Impact: The project is budgeted under Condemned properties and will recover approximately $109,250 from the sale of the home. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 320 N Governor purchase agreement Resolution Executive Summary: The property at 320 N. Governor St. was declared a public nuisance, and the City acquired it for $106,000 through condemnation. State law requires the City to convey the property to a buyer that will either rehabilitate the single-family home or demolish it and construct a new house. City staff has negotiated a purchase agreement, subject to formal approval by City Council, for the sale of the property for $115,000. This sale will reimburse the City for most, but not all, the expenses incurred. Background /Analysis: Under Section 364.12A of the Iowa Code, a municipality may condemn a residential building found to be a public nuisance and take title to the property. The property had a series of nuisance and safety violations dating back to the first complaint in 2018. In addition to tall grass, snow and ice accumulations, property abandonment, failing to register a vacant building, and animal infestation nuisances, there have been safety hazards the City has had to abate such as removal of a chimney at risk of collapsing. In early 2023 the City had an appraisal completed of the property and the appraised value was $106,000. The condemnation jury valued the property at $106,000, which is what the City paid to acquire it. The City currently has expenses of over $148,000 attributed to this property for property acquisition, condemnation costs, appraisal costs, insurance, property taxes, and repair costs to secure the building and address safety issues. The City listed the property with a realtor and will sell the property for $115,000. The addendum to the purchase agreement requires that the buyer either demolish the property within 90 days of closing or begin to renovate the property by immediately securing the roof to prevent further water damage and remove landscaping overgrowth. If the buyer renovates the property, a building permit must be issued within 60 days and a certificate of occupancy issued within 18 months of closing. The buyer indicated their interest in renovating the property, but the agreement allows for either demolition or renovation. Staff recommends the sale of the property as identified in the attached purchase agreement. dodoop signature verification:' q,,.,,.:,i,:. .. d0000p signature vedfcafon: ,. - - LK ,exrz nmet�.uuuuv R Date of Agreement: 11/0912023 Residential Real Estate Purchase Agreement This form approved by the Iowa City Area Association of REALTORSO ,r TO: The Gty of Iowa City (SELLER) REAL ESTATE DESCRIPTION: The undersigned BUYERS hereby offer to buy real estate in Johnson County, Iowa locally known as: 320 N. Governor Street , City: Iowa City Iowa, Zip Code 52245 and described as follows: (abbreviated Legal Description or Tax Parcel tf)as per legal abstract with any improvements located thereon, easements of record and appurtenant servient estates, and subject to the following: (a) any zoning and other ordinances; (b) any covenants of record; (c) any easements of record for public utilities, roads and highways; and (d) none other (consider liens, other easements , interests of others) designated the Real Estate; provided BUYERS, on possession, are permitted to make the following use of the Real Estate: any legal use PURCHASE PRICE: The purchase price shall be. $ 115000 ane hundred Pifteen thousand dollars _ and the method of payment shall be as follows: Check or ID Electronic Check $ 2000 to he submitted Iry AM ® PM ®Noon on with 24 hours of a/o in the trust account of Lepfc-Rroeger. REALTORS Trust , to be delivered to the SELLERS upon performance of SELLERSobligations and satisfaction of BUYERS' contingencies, if any, and the balance of the purchase price as designated below. If the BUYERS' earnest money deposit is not received by the SELLERS' brokerfattorney by this deadline, SELLERS reserve the right to cancel this contract. Select (A), (B), and/or (C), (D), (E) A. ® NEW MORTGAGE: ® Conventional ® FHA ® VA ® Other 9 mo draw, Prime +I% This Purchase Agreement is contingent upon the BUYERS obtaining a written commitment for a first real estate mortgage for % of the purchase price with interest on the promissory note secured thereby of not more than W. amortized cavern term of not less than years, with a balloon due date of not less than years. BUYERS agree to pay no more than % for loan origination fees and points, and to pay in addition all other customary loan costs. BUYERS agree upon acceptance of this offer to immediately make application for such mortgage with a commercial mortgage lender and to exercise good faith efforts to obtain a mortgage commitment as above provided. Upon receiving written loan commitment (supported by the lender's required appraisal), BUYERS shall release this contingency in writing. If BUYERS have not delivered a written financing contingency release contouring the above terms, or terms acceptable to BUYERS, on or before 12/1112023 at 1159 ® AM ® PM ® Noon, either SELLERS or BUYERS may declare this Purchase Agreement null and void and all payments made hereunder shall be returned. BUYERS shall pay the balance of the purchase price at the time of closing by combination of BUYERS' personal funds and the net mortgage proceeds. B. ® CASH: BUYERS will pay the balance of the purchase price in cash at the time of closing. This Purchase Agreement is not contingent upon BUYERS obtaining such funds. This offer is subject to BUYERS providing SELLERS with written proof and documentation that BUYERS have immediately available U.S. funds in the amount of the purchase price no later than ® AM ® PM ® Noon on C. ® Yes ® No This offer is contingent upon and subject to BUYERS closing and obtaining proceeds from the sale of his/her current house- Refer to the attached SALE OF HOUSE ADDENDUM. D. ® OTHER FINANCING E. TERMS:Boyer preapproval letter attached to the offer. F. 13 If a Mortgage Assumption, Installment Contract Assumption, or Installment Contract sale, see attached addendum. POSSESSION: If BUYERS timely perform all obligations, possession for the Real Estate shall be delivered to BUYERS on 1211312023 , with any adjustments of rent, taxes, insurance, interest, and other applicable matters to be made as of the date at transfer of posses.%I n. Closing of the transaction shall occur after approval of title and vacation of the premises by SELLERS, in the cond idon ready for BUYERS' possession. Possession shall not be delivered to the BUYERS call completion of the closing, which shall mean delivery to the BUYERS of all title transfer documents and receipt of the purchase price funds then due from BUYERS. If by mutual agreement the parties select a different possession or closing date, they shall execute a separate agreement setting forth the terms thereof. 4. REAL ESTATE TAXES: SELLERS to be responsible for all real estate taxes that are attributable to the SELLERS' ownership of the property which shall include taxes that are liens for prior Years and taxes that are due and payable for the fiscal year in which the closing occurs, Page 1 of 5 Buyer's Initials FG -4q= Seller's Initials Revised August 11, 2022 Sellers acknowledge they have read this page. dotloop signature veoficanon to i,Jsiel „,xV dotloop WEaawreuentkatlarc dn"wrir,Gi,crn.m,. A. ® There shall be no proration of subsequent taxes. B. ® BUYERS shall be givent, credit for subsequent taxes prorated to the date of closing. Subsequent taxes shall be calculated using the latest known applicable nasessed value(s), roll busts), exception(a) and levy of record at the it= of closing. 5. SPECIAL ASSRSSMENTS: select(A)or(B) A. ® SELLERS shat l pay all special assessments which are alien an the Real Estate as of the date of closing. B. ® SELLERS shall pny all installments of special assessmams which are a lien on the Real Estate and, If not paid, would become delinquent during the calendar year this offer is accepted, and all prior Installments thereof. All other special assessments shall be paid by BUYERS. b. PICTURES: All property that integrally belongs to or is part of the Real EstaM, whether attached or detached, such as light fixtures, shades, rods, blinds, automatic garage door openers and transmitter um is, all drapery rods and curtain rods, awnings, windows, storm doom, screens, plumbing fixtures, water heaters, water softeners (unless water softener is rental), automatic heaEng equipment, air conditioning equipment wall-to-wall carpeting, mirrors attached to walls or doors, Breplamsereen and grate, attached barbeque grills, weather vane, all built -In kitchen appliances, built-in Items and electrical cable, outside television towers and antenno, lensing, associated swimming fool equipment, =list vacuum systorn equipment, underground pet containment ferning with monasticism aid wears, gates end landscaping shalt be considered a part of Real Estate and also Inctudine the foftowhie: Well of tae above motion netts Is a Waco that Integrahy belongs to or is a part of the Beal balate, In the event any of the above items an charecterimil as personal property, such personal property items are not considered a put of the Real Estate and shall be transferred with no monetary value, free and clear of aft liens and encumbrances. The fellowine items shall be excluded: srEEix VPOn payment al int purnuse pace, SBLt.Iilcj snail convey the fiat Estate to BUYERS or men aeafgrteea by warranty Deed, free and clear of all liens, restrictions and eneurnbtancea except as provided in 1(o) through 1(d). Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to hila of SELLERS condoning up to time of delivery of the deed. TIME IS OF THE ESSENCE: Time is of the essence in this contract. CONDITION OF PROPERTY: A. The properly m of the date of this Purchase Agreement Including buildings, grounds and all Improvements will be preserved bythe SELLERS in Its present condition until possession, ordinary wear and tear excepted. The SELLERS shad have the hesdng, ehestricil, plumbing, air conditioning systems, well Of applicable) and all included appliances, whether subject to inspection set fords hereinafter or not, in working condition are of the date of delivery of possession, except for In determining whether or net the systems are to working condition and for the purpose of inspecting the property as outlined in Paragraph 411(1) of this Purchase Agreement, working condition shall be defined as operation in a manner la which the helot was designed to operate. SELLERS shall leave all utilities (gas, electrlG water) on ❑ Yee IL.I No ❑ Not Applicable for all inspections and for the float walk-through by the BUYERS prior to closing. B. The BUYERS must disease one of the following alternatives; relative to the conditfou and quality of kheproperty; 1) ® By E3 AM 0 PM ❑ No.. , the BUYERS may, at Breir sole expense, have the property inspected by a person or persons of Bush choice, including but not limited to a qualified home inspector, contractor(s), engineer(s), or other such professionals to determine if there are MAJOR deficiencies in the following MAJOR COMPONENTS of the Real Estate: central heating system, central cooling system, plumbing system, well and weft water (if applicable), electrical system, roof, walls, ceiling floors, foundation and basement SELLERS and BUYERS acknowledge that the property may [nave imperfect cosmetic conditions that do not affect the working condition of the Item and are not considered major deficiencies, including but not limited to: broken seals In windows; minor more, worn spots, and/or discoloration of floor coverings, wallpaper or window treatments; sell holes, scratches, dents, scrapes or chips in callings, walls, floors; and/or eurfece cracks in driveways or patios. Failure to most present construction standards and code requirements is not considered a deficiency in the property unless it is new construction, cur nnlech that failure produces a condition which creates an unreasonable danger or risk to the property or to its occupants. By the same aforementioned date BUYERS must notify the SELLERS in writing of any MAJOR deficiencies for which they are requesting remedies. The notification must be accompanied by a copy of a written inspection report from a qualified Inspectors Identifying the MAJOR deficieru3es. SELLERS shall, within FIVE (5) calendar days after recelpt of BUYERS notification, notify the BUYERS In writing that (1) SELLERS agree to remedy the MAJOR deficiencies as requested by BUYERS, in which case this Purchase Agreement as so modified shall be binding on all parties, or (2) SELLERS do not agree to the remedy request in whole or In part and offer a counter proposal to BUYERS. Upon recetptof raid counter proposal from SELLERS, the BUYERS shall lwve FIVE (5) calendar days in which to accept the SELLERS' counter proposal by signing it or to ratify the SELLERS in writing that inch steps are not acceptable, in which can, either SELLERS or BUYERS may, declare this offer not] and void, and any earnest money shelf be retuned to BUYERS. IN THE ABSENCE OF WRITTEN NOTICE OF ANY DEFICIENCY FROM BUYERS, OR IF BUYERS FAIL TO RESPOND TO THE SELLERS` COUNTER PROPOSAL WITHIN THE TIME SPECIFED HEREIN, THIS PROVISION SHALL BE DEEMED WAIVED BY PARTIES AND THIS PURCHASE AGREEMENT SHALL REMAIN IN FULL FORCE AND 4me Page 2 of 5 Buyer°s Initials o they have ]lead t Revised August 71, 2822 Sellers acknowledge they Gave read this page. dodoop signature verification ria datloop signature 4eriilcativir,alp,:c,gv,pr,t:<lemi, EFFECT. IF SELLERS PAIL TO RESPOND TO THE BUYERS REMEDY REQUEST WITHIN THE TIME SPECIFIED HEREIN, BUYERS MAY DECLARE THE OFFER NULL AND VOID AND ALL EARNEST MONEY SHALL BE RETURNED, 2) 0 BUYERS acknowledge that they have been advised of the right of property Inspection and haw declined to make said Inaped av(s). Buyer's hutials C The BUYERS must choose one of the following alternatives relative to the preeence of radon in the home: 1) ❑ By ❑ AM ❑ PM ❑ Noon on _ 'the BUYERS may, at their sole expense, have the property tested for the presence of radon gas. Such test shall be conducted by an Iowa Certifled Radon Specialist. SELLERS agree to sign documents required for the teat to be completed and agree to cooperate with the specin0et in carrying out the test• By the same date, BUYERS must notify SELLERS in writing of any average radon reading In excess of pCI/L. The notification shall be accompanied by a copy of the written radon report The cost of mitlgaflon, if necessary, shall be negotiated within the time frames and remedies in Paragraph 98(1). 2) ® BUYERS acknowledge that they have been advised of their right to conduct a radon test and have declined to order said test. Buyers initials D. Septic sydWFM be impacted and repairred [3 Yes ❑ No ® Not Applicable. Iowa Cude455B172 mandates Hie inspection of septic systems, unless exemph, prior to the transfer of property. If applicable, see the attached Septic System Inspection and Repair Addendum. E, The BUYERS shalt be permitted access to the property prior to possession or closin& whichever is sooner, In order to determine that there have been no changes in the condition of the property except those mutually agreed upon and that it is ready for BUYERS' possession. At time of closing or possession, whichever occurs sooner, BUYERS will accept the property in its present condition without further warrantee or guarantees by SELLERS or BROKER concerning the condition of the property. This, however, shall not relieve the SELLERS of any liability for any conchdon(s) Fiat isf are defined as intent defec(s) or any express warranties contained in the Purchase Agreement or other written agreement between the parties; nor shall this paragraphrelieve the SELLERS of any liability for any implied warranty applicable under Iowa law. F. The inspection of any part of the property not covered in 90(1) or the remedy of any condition not addressed in 96(1), including but not limited to cosmetic conditions that the BUYERS require, shalt be addressed in Paragraph 27 of this Purchase Agreement. G. SELLERS acknowledge that the property ❑ is ® is not serviced by propane fuel (LP). If tharopert5� is serviced by propane fuel (LP), the propane tank(s) 13Is/am ❑ in/an not owned by the M- LKRS and there is is not an existing written contract between the SELLERS and the propane vendor. BUYERS agree to reimburse the SELLERS for all propane fuel (LP) remaining in the tanks) on the property at the time of closing. 10. WOOD DESTROYING INSECT INSPECTION: select (A) or (5) A. ❑ By ❑ AM ❑ PIN ❑ Neon on , BUYERS may, at BUYERS' expense, have the property Inspected for termites or other wood destroying Insecta by a licensed Pest Inspector. If infestation or damage due to prior infestation is discovered, SELLERS shall have the option of either having the property treated for infestation by a licensed Pest Exterminator and having any damage repaired to BUYERS' satisfaction, or declaring this Purchase Agreement void. This provimm shall amt apply to femora, trees, shrubs, or outbuildings other than garages. BUYERS may accept the property in its existing condition without such treatment or repairs, B, 0 BUYERS acknowledge that they have been advised of their right of a pest inspection and have declined to make said inspection unless required by the lending institution. at which tune said Inspection would be at BUYERS' expense and BUYERS will have the samerights as under paragraph ILIA if active infestation or damage due to prior infestation is discovered. ' buyers' initials 1L INSURANCOPGULLERS shall Isla the risk of toss or damage to the property prior to closing or possession, whichever East occurs. SELLERS agree to maintain existing insurance and BUYERS may purchase additions) insurance. to the event of substantial damage or destruction prior to closing, this Purchase Agreement shall be null and void, unlgss otherwise agreed by the parties. 'Phe property shall be deemed substantially damaged or destroyed if it mural be restored to its present condition on or before the closing date; provided however, BUYERS shall have the option to completo the closing nod receive Insurance proceeds regardless of die extent of damages. 11 USE OF PURCHASE PRICE: At tine of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding hitesests, if any, of others. 13. ABSTRACT' AND TITLE: SELLERS, at their expense, shall promptly obtain an abstract of title to the Real Estate cautioned through the date of acceptance of this offer and deliver it to BUYERS for examination. It shall show merchantable title in SELLERS sautes in conformity with this Purchase Agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract ahall become the property of the BUYERS when the purchase price is paid in full, SELLERS shall pay the costs of any additional abstmdog and title work due to any act or omission of SELLERS, including transfers by or the death of SELLERS or their assignees, ff, at the time of closing, there remain unresolved title objecfio ts, the parties agree to escrow front the sale proceeds a sufficient amount to protect the BUYERS' interests until said objections are corrected, Buyer's Initials G� Seller's Initials Page of `"""� Sellers acknowledge they have read this page, Revised August 11, 2022 dotloop signature verlficaton i i, .. -azl< doaoop sgn eve wrIfluti n: dap—, Io cr yrxr,+ 2, allowing a reasonable time for the corrections of sold objections; provided, however, that if the commercial mortgage fender of the BUYERS will not make the mortgage funds available with such escrow, the provisions for escrow for title defects shall not be applicable, 14. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE: U SELLERS, immediately preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the SELLERS, than the proceeds of this sale and continuing or recaptured rights of SELLERS in the Real Estate, shall belong to SELLERS as joint tenants with full tight of survivorship and not as tenants in common; and BUYERS, in the event of the death of either SELLER, agree to pay any balance of the price due SELLERS tinder this contract to the surviving SELLER and to accept a deed from the surviving SELLER consistent with Paragraph 7, I5. JOINDER BY SELLER'S SPOUSE: SELLER'S spouse, if not a title holder immediately preceding acceptance of this off", executes this contract only for the purpose of relinquishing of all rights of dower, homestead and distributive share or in compliance with Section 56113 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 16. REMEDIES OF THE PARTIES; A. If Bl1YBRS fail to timely perform this contract, SELLERS may forfeit it as provided in the Iowa Code, and all payments name shall be forfeited or, at SELLERS option, upon Thirty (36) calendar days written notice of intention to accelerate the payment of Bre entire balance because of such failure (during rebich thirty calendar days such faBure is not corrected) SELLERS may declare the entire balance due and payable. Thereafter this contract maybe foreclosed inequity and the Court may appoints receiver. B, If SELLERS Nil to basely perform this contact, BUYERS have the right to have all payments made returned to them. C. BUYERS and SELLERS also am entified to utilize any and all other remedies reactions at law or Inequity available to them and shall be entitled to obtain judgment for costs and attorney (cars as pernnitted bylaw. D. In the event BUYERS fail to perform their obligations hereunder and as a result, forfeit to the SELLERS any payments made under this contract, upon receipt of said forfeited payments, SELLERS shall pay BROKER one-half of the forfeited payments, said one-half not to exceed the total commission due to the BROKER. In the event the SELLERS fact to perform SELLERS obligations under this contractwhen required to do so, SELLERS shall pay to BROKER the BROKER'S commission In the amount set forth In the SELLERS Listing Agreement with the BROKER. 17, STATEMENT AS TO LIENS: If BUYERS intend to aesmne or take subject to a tion on the Rea( Estate, SELLERS drag furnish BUYERS with a wduen statement prior to closing from the holder of such lien(s), showing the correct balance due. 18, APPROVAL OF COURT; If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such appiwal. If this contract is not approved by the-- day of — '20— , either party may declare this contractnull and void and all payments made hereundershall be returned to BUYERS ILJ Not Applicable 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST: This contract shall apply to and bind the successors 1n interest of the pardes. 20. CONSTRUCTION: Words and phrases shall be construed as in the singular or plural number, and ore mescaline, feminine or neuter gender, according to context. 21. SURVEY AND SQUARE FOOTAGE REPRESENTATION: The BUYERS may, within -- calendar days of acceptance of this offer, Lave the pmpertysurveyed at their expense. if the survey, certified by a Registered Land Surveyor, shows any encroachment on said property or If any improvements located on the subject property encroach on lands of others, such encroachments shall be treated as a title defect. Assuming a representation for square footage has been made, BUYERS understand and agree that said representation Is only an approximation of the exact number of square feet the properly contains. The BUYERShave the right to obtain their own measunmeent of square footage. 22. AGENCY DISCLOSURE; The Listing and Selling Agents/Brokers are agents of the parties hereto as outlined below, and their fiduciary dutles of loyalty and faithfulness are owed to the party theyrepresent. However, they must treat theother party with honesty andfairnes. The SELLERS in this transaction arerepixecamed by: Julie Dancer LeliLalDveger, REALTORS(LILR) _ (Agent/Brokerage Names) Email: julfedancerD6Cagmall.com Fax: Cen:319310SS22' The BUYERS in this transection are represented by; Tulle Dancer LRR (Agent/Broi<emge Nornea} Email; julledancer06tggmall.com Fax: Cell:319310SS22 If Agent (including Appointed Agency) and/or Brokerage (including Consensual Dual Agency) Names am shown as representing both parties, a detailed explanation of representation shall be attached. Further, the BUYERS and SELLERS acknowledge that prior to signing this Putshase Agreement that their respective Listing orSellh%Agent made a written disckeure of type of representation being provided. 23. DISCLOSURES/ ADDENDUM; A. 0 Residential Property Seller Disclosure Statement. The BUYERS acknowledge receipt of the Residential Property Seller Disclosure Statement pilot to executing this Purchase Agreement. A copy of the Residential Property Seller Disclosure Statement is attached to this Purchase Agreement. B. 13 Residential Froperty Seller Disclosure Statement is not applicable. C. 0 Homeowners Assorlatton/Condoadolum Assadation/Coamnan Interest Community Addendum(HOA) D, ® Lead -Rased Paint Disclosure Sfatcment E, ® Sale of Hones Addendum rf�� �I {�y I Page 4 of 5 Buyer's Initials Ate= Seller's Initial. A Sellers acknowledge they have rend this page, Revised August 11, 2022 dodoop signature verncat , -,I l.14 dotloop algnatwe"docaaon , F, ® Other G. a Other srtd f�L'�fLm...Y 24. NOTICE: Any notice required under this Purchase Agreement shalt be in writing and shad be effective If to BUYERSwhen physical delivery is received by BUYERS or by BUYERS Agent, and if effective to SELLERS when physical delivery is received by SELLERS or SELLBBS" Agent. Physical delivery may be either by personal delivery or upon the date of the posting of said notice by Certified Mall, As an alternative to physical delivery, any signed document or written notice may be delivered to the respective p1ndpar3 agent, as set forth in Paragraph 22 herein, in electronic form by fncsimile or a-mafl. The facalmile or e-mail delivery confirmation shall const] Lute notice of delivery. Documents with original signatures shall be provided, by the agent' to thelr principal. For the SELLERS:The City of lows City For the BUYERREFlores Construction LLC Address: Address: 25, REPRESENTATIONS: It is understood that no representations made by the Agent in the negotiation of this sale are being relied upon unless incorporated herein or endorsed in writing. 26. COUNTER PARTS CLAUSE: All parties agree to be bound to this contract even if every party does not sign on one original, as long as each copy that is signed is identical to every other signed copy. 27. OTHER PROVISIONS: none other 28, TIME FOR ACCEPTANCE; If this offer is not accepted by SELLERS by 1111012023 at 11:00 ® AM ❑ PM ❑ Noon, it shall become void and nil payments shall be repaid to BUYERS. *"* THIS IS A LEGAL, BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT LEGAL ADVICE The undersigned have read and agree to the terms of this Purchase Agreement. r�azea.G.C,�' aa�mrnua Buyer time / date Offer Is REJECTED as presented M2 Buyer time / date Better time ate Buyers Initials I7 Seller's Initial& Sellers acknowledge they have reed this page. See attached COUNTER OFFER Page 5 of 5 Revised August 11, 2022 da..p 5i,n wre V ,Jncavcn. IOWA CITY ADDENDUM TO PURCHASE AGREEMENT FOR 320 N GOVERNOR STREET The purchase agreement must contain the following terms: 1. The residential structure currently existing on the property must either be rehabilitated or demolished. If demolished, a new single-family home must be constructed. 2. These obligations (collectively, obligation) shall survive completion of closing and transfer of possession, shall inure to the benefit and bind the successors and assigns of the Buyer, and shall be a covenant running with the title to the property. Upon closing and transfer of possession to Buyer, this purchase agreement shall be recorded with the Johnson County Recorder, as notice of said obligation. Upon satisfaction of this obligation by Buyer as provided for herein, the Director of the Neighborhood and Development Services Department of the City of Iowa City is authorized to issue a release of this covenant sufficient for recordation with the Recorder of Johnson County, Iowa. 3. Seller (aka, "the City") and Buyer specifically agree that all representations, warranties, agreement, responsibilities, obligations and comments specked herein Shall survive the execution, delivery and recording of the warranty deed required by Section � hereof, shall remain in full force and effective thereafter, and shall not be merged in or extinguished by such execution, delivery and recording of the warranty deed. 4. This purchase agreement is subject to and conditioned upon formal approval by the City Council of Iowa City, Iowa, pursuant to Iowa Code § 364.7. If this purchase agreement is not formally approved by the City Council of Iowa City, Iowa, it shall be null and void. 5. Closing must occur within 30 days of execution of the purchase agreement. ADDITIONALLY, IF THE HOUSE IS REHABILITATED THE PURCHASE AGREEMENT MUST INCLUDE: 1. Within 14 days of closing, a. The landscaping overgrowth must be removed; and b. The roof must be tarped to prevent water from seeping inside. 2. Within 60 days of closing, an application for a building permit must be submitted. 3. Within 18 months of closing, the rehab must be complete and a certificate of occupancy issued. ADDITIONALLY, IF THE HOUSE IS DEMOLISHED AND A NEW HOUSE IS CONSTRUCTED THE PURCHASE AGREEMENT MUST INCLUDE: 1. Within 90 days of closing, a. The house must be demolished; and b. The site must be cleaned up; and c. The site must be fenced and remain secured until it is safe to occupy. 2. Within 60 days of closing, an application for a building permit must be submitted to the City. a. Note that the new single-family house must meet the current zoning standards, such as setback and lot coverage. Buyer and Buyer's builder may contact City staff for additional details b. The new home cannot exceed 2 % stories. 3. Within 18 months of closing, a certificate of occupancy must be issued. Prepared by: Susan Dulek, First Ass't City Att'y, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 23-307 Resolution setting public hearing for December 12, 2023, on a proposal to convey a single-family home located at 320 N. Governor Street. Whereas, in Resolution No. 23-113 City Council authorized the acquisition of 320 N. Governor Street, Iowa City, Iowa, a public nuisance, for the purpose of abating the nuisance; and Whereas, after City staff was unable to acquire the property voluntarily, the City proceeded to condemnation pursuant to Section 364.12A of the Iowa Code; and Whereas, on August 30, 2023, a condemnation hearing was held, and the condemnation jury valued the property at $106,000; and Whereas, the City delivered a check to the Johnson County Sheriff for $106,000 shortly thereafter, and upon delivery title of the property transferred to the City; and Whereas, State law requires the City to convey the property to a buyer that will either rehabilitate the home or demolish it and construct a new house; and Whereas, City staff has negotiated a purchase agreement, subject to formal approval by City Council, for the sale of the property for $115,000; and Whereas, in addition to the condemnation award, the City has incurred expenses in excess of $30,000 including costs of the condemnation process and payment of back taxes; and Whereas, conveyance of the property is in the public interest and required by state law. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to convey the home located at 320 N. Governor Street, Iowa City, Iowa, for the sum of $115,000. 2. A public hearing on said proposal should be and is hereby set for December 12, 2023, at 6:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 21 Gt day of November, 2023. Mayor Resolution No. 23-307 Page 2 Approved G City Attorne s Office (Sue Dulek — 11/14/2023) It was moved by Alter adopted, and upon roll call there were: Ayes: x X Attest: City Clerk and seconded by Taylor the Resolution be Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 11.a. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution approving project manual and estimate of cost for the construction of the American Legion Road/First Avenue Landscaping 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: Staff Recommendation Commission Recommendations: Attachments: Resolution Justin Harland, Sr. Engineer Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $205,000.00 available in the American Legion/First Avenue Landscaping Project account #P3989 Approval N/A Executive Summary: This project generally includes installing plantings within the roundabout at the intersection of American Legion Road and Scott Boulevard, installing plantings within the roundabout at the intersection of First Avenue and Scott Boulevard, and installing street trees along American Legion Road from Scott Boulevard to Taft Avenue. Background /Analysis: The First Avenue and Scott Boulevard roundabout, American Legion Road and Scott Boulevard roundabout, and American Legion Road from Scott Boulevard to Taft Avenue have recently been reconstructed. Natural aesthetics such as plantings and street trees were purposefully left out of those projects, as the City has historically had more satisfactory results with landscaping projects which were awarded to prime contractors with landscaping experience. Trees and plantings within the roundabout are meant to provide a sight line barrier to oncoming traffic, while street trees enhance the natural corridor aesthetics and provide additional environmental benefits. Project Timeline: Bid Letting Date: December 13, 2023 Contract Award Council Meeting Date: January 2, 2024 Construction Dates: April — June 2024 Prepared by: Justin Harland, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5154 Resolution No. 23-308 Resolution approving project manual and estimate of cost for the construction of the American Legion Road/First Avenue Landscaping 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 American Legion/First Avenue Landscaping account # P3989. 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 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 13th day of December, 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 2nd day of January, 2024, or at a special meeting called for that purpose. Passed and approved this 21st day of November 2023. Attest: _" `p City Clerk May Approved bo,/ G City Attor y's Office (Sara Hektoen -11 /08/2023) ,I(,fr�-' Resolution No. 23-308 Page 2 It was moved by Bergus and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Salih x Taylor x Teague x Thomas Item Number: 11.b. Executive Summary: This project generally includes upgrades to the access to the stage and the crown, as well as upgrades to ventilation and lighting. Background /Analysis: Renovations are needed at the festival stage to improve the viewer experience and improve the access to the crown for lighting access. As part of the project, additional lighting and backstage ventilation improvements will be made to improve the experience of the actors. Riverside Theater has offered to contribute $50,000 to the project. Project Timeline: Bid Letting — December 12, 2023 Award Date — January 2, 2024 Construction — Winter 2024 to Spring 2024 CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution approving project manual and estimate of cost for the construction of the City Park Festival Stage Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $256,000.00 and funds are available in the Event Facility Improvements account #R4381 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This project generally includes upgrades to the access to the stage and the crown, as well as upgrades to ventilation and lighting. Background /Analysis: Renovations are needed at the festival stage to improve the viewer experience and improve the access to the crown for lighting access. As part of the project, additional lighting and backstage ventilation improvements will be made to improve the experience of the actors. Riverside Theater has offered to contribute $50,000 to the project. Project Timeline: Bid Letting — December 12, 2023 Award Date — January 2, 2024 Construction — Winter 2024 to Spring 2024 L' Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240,(319)356-5145 Resolution No. 23-309 Resolution approving project manual and estimate of cost for the construction of the City Park Festival Stage Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Event Facility Improvements account # R4381. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 12th day of December, 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 2nd day of January, 2024, or at a special meeting called for that purpose. Passed and approved this 21st day of _November '2023. May Approved by ZI-7 Attest: City berk City Attor 's Office (Sara Hektoen -11/09/2023) Resolution No. 23-309 Page 2 It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: Nays: ter Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas the Resolution be Item Number: 11.c. CITY OF IOWA CITY COUNCIL ACTION REPORT November 21, 2023 Resolution approving project manual and estimate of cost for the construction of the Dubuque Street Reconstruction 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: Alin Dumachi, Sr. Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $3,750,000, available in the Dubuque Street Reconstruction Project account #S3939 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Location Map Resolution Executive Summary: This project generally includes the reconstruction of Dubuque Street between Iowa Avenue and Washington Street, as well as the reconstruction of the alley between Dubuque Street and Linn Street. This includes removal of existing and installation of approximately 930 linear feet of new storm sewer, approximately 3,850 square yards of street and sidewalk pavement, 400 linear feet of new sanitary sewer; installation of subdrain and roof drain trunk line, installation of new water main, hydrants, fittings and services; installation of new lighting, irrigation, electric and parking meters; and installation of landscaping features including plantings, pavers, mulch, limestone blocks, bicycle racks, litter receptacles and benches. Background /Analysis: This project was included as a part of the Downtown Streetscape Master Plan and reconstructs Dubuque Street from Iowa Avenue to Washington Street, as well as improves sidewalk pavement, addresses critical utility updates, and enhances the retail environment with streetscape components. The Dubuque Street Reconstruction Project also includes alley improvements, lighting, and wayfinding. The project includes the following design elements: • 9" PCC pavement for Dubuque Street and alley; new sidewalks • New 12 -inch ductile iron water main with new hydrants and services • Replacement of existing sanitary sewer and storm sewer system, with new storm sewer pipes and intakes • Installation of new street lighting, parking meters, and landscaping features, such as plantings, pavers, limestone blocks, bicycle racks, litter receptacles, and benches. Project Timeline: Bid Letting Date: December 21, 2023 Contract Award: January 2, 2024 Construction Dates: Spring 2024 to Fall 2024 Prepared by: Alin Dumachi, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5143 Resolution No. 23-310 Resolution approving project manual and estimate of cost for the construction of the Dubuque Street Reconstruction 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 Dubuque Street Reconstruction account #S3939. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to 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 21st day of December, 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 2nd day of January, 2024, or at a special meeting called for that purpose. Passed and approved this 21st day of November , 2023. I Mayo Approved by Attest: r ' City Clerk City Attney's Office (Sara Hektoen -11/08/2023) Resolution No. i33, p Page 2 It was moved by Alter adopted, and upon roll call there were: Ayes: and seconded by Nays: Bergus the Resolution be Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas