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HomeMy WebLinkAbout2007-10-16 Resolution/.,. Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5437 RESOLUTION NO. 07-300 RESOLUTION SETTING A PUBLIC HEARING ON NOVEMBER 5, 2007, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MCCOLLISTER BOULEVARD PCC PAVEMENT [HDP-3715(628)--71-52] AND MCCOLLISTER BOULEVARD BRIDGE [HDP-3715(634)--71-52] PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: o- - ~ 5d 1 That a public hearing on the plans, specifications, farm of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 5'h day of November, 2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 16th day of October , 20 07 MAYOR ATTEST: ~ CIT LERK Approved by City Attorney's Office la~ly~ ~ pweng\masters\setph.doc 9199 Resolution No. Page ~ It was moved by Champion and seconded by O~Donnell the Resolution be adopted, and upon roll call there were: AYES: ~- x x X _~ x X NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~~ ~~ ~~~ - s- 7 5e 1 Prepared by: Sarah Oker-und, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 07-301 RESOLUTION ACCEPTING THE WORK FOR THE 2007 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2007 Pavement Replacement for Water Main Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated March 20, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $82,338.00. 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 16th day of ATTEST: ~ IT CLERK October ,20 07 MA R Approved by ~~ City Attorney's Office /~ /d ~o'r It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~- x X x X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Pweng/res/07pavementforvvatermain. doc 10/07 ~~~~ 5e 2 Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 07-302 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, FORCE MAIN, LIFT STATION, STORM SEWERS, WATER MAIN, STREET PAVING, OUTLOT A SIDEWALK, AND NAPLES AVENUE/HIGHWAY 1 INTERSECTION PAVING AND SIGNAL PUBLIC IMPROVEMENTS FOR MWD DAVIS ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, force main, lift station, storm sewer, and water main improvements for MWD Davis Addition, as constructed by OEC, Inc. of Iowa City, Iowa. Paving improvements for MWD Davis Addition, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 16th day of October , 20~Z-• MAYOR Approved by ATTEST: // y ~Sf~~~r~T ~ ..% </ ul/vv~~' e~U CIT `ELERK City Attorney s Office iv O7~0 J pwengveslacpt-improvements-MW DDavisAddition 10-07.doc Resolution No. 07-302 Page ~_ It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X X ~- x X ~- Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ r _~ +'~-~rllll w ~~~ .,.,~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org October 10, 2007 Honorable Mayor and City Council Iowa City, Iowa Re: MWD Davis Addition Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, force main, lift station, storm sewer, water main, street paving, outlot A sidewalk, and Naples Avenue/Highway 1 intersection paving and signal public improvements for MWD Davis Addition have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, force main, lift station, storm sewer, and water main improvements constructed by O.E.C., Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, 7t..,,(,Q 7C.. ~t---- Ronald R. Knoche, P.E. City Engineer r j ~~~~~`'~ C 1 TY O F 1 O WA CITY 18 MEMORANDUM Date: October 10, 2007 To: City Council From: Jeff Davidson, Director of Planning and Community Development Re: Agenda Items 18, 19, and 20: proposed Joint Emergency Communication Center consultant agreements For the past two years JCCOG has been coordinating a subcommittee of representatives from Coralville, Iowa City, North Liberty, and Johnson County to plan for the construction of a joint emergency communication center for Johnson County. This center would be operated in lieu of the two existing emergency communication centers operated by the Johnson County Sheriff's Office and the Iowa City Police Department. We are to the point where we are ready to engage a consultant team for design and engineering services for the proposed facility. Design and engineering activities will take place during the remainder of fiscal year '08 leading to bidding of the project for construction in June of 2008. We intend to finance construction of the joint communication center through the county-wide emergency management levy beginning in FY09. We had initially hoped to have JCCOG be the contracting entity with the consultant team, and this was approved by the JCCOG Urbanized Area Policy Board at their meeting on September 19. Since that time we have determined that since JCCOG has no funds programmed for this project, it would be better for the City of Iowa City to be the contracting entity with the consultant team. Items 18 and 19 on your October 16 meeting agenda are the consultant contracts with Ehlert and Associates for radio design services and Neumann Monson Architects for architectural services. Item 20 is the side agreement which will allow the City of Iowa City to bill Coralville, North Liberty, and Johnson County for the 60% of consultant fees that they have agreed to. Let me know if you have any questions. cc: Dale Helling Eleanor Dilkes Sue Dulek ppdd i r/mem/pro po sedj ecc10-10-07. doc CONSULTANT AGREEMENT FOR SERVICES IN SUPPORT OF THE CONSOLIDATED DISPATCH CENTER AND SHARED RADIO SYSTEM INITIATIVE THIS AGREEMENT;,.. made and entered into this day of , 2007, by and between,the City of Iowa City, a municipal corporation, hereinafter referred to as Iowa City and Elert & Associ~es, of Stillwater, MN, hereinafter referred to as the Consultant. WHEREAS, Iowa City de~sKes a comprehensive study and de ign for a joint emergency radio communications system in Johnson County, Iowa. r NOW THEREFORE, it is agreed'by and between the partie~'~hereto that the Iowa City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES The Consultant agrees to perform the following services for IOWA CITY, and to do so in a timely and satisfactory manner. A. Assessment of existing City oj~ Iowa City and Johnson County emergency communication systems. (Note: ,.-Much of this information is readily available. The expectation is for a cursory assessment.) B. Range of options available. ' C. Interoperabilitysnd coverage throughout Johnson County. D. Review and recommend options for interoper~bility with various Iowa and Federal public safety agencies~`not based in Johnson County but who occasionally interact with Johnson County ~iublic safety agencies. 4'~ E. Expandability and ~bility of the system to respond o innovations in the future as Johnson County i creases in population. F. The radio co unication system is to have a lifespan ~~of at least 15 years. The specificationsA ist developed should be non-vendor specifi and not name proprietary equipment. ?`he proposed Johnson County Emergency Co unication Center will be located at tf,e Iowa City Water Treatment Plant site in Iowa Ci G. The coc~sultant will prepare appropriate radio system conceptu`~I designs for review and incorporation into specification and RFP documents. ~ H. The Consultant shall complete all services included in the "Optional Services Proposal" dated July 12, 2007, including: Review and evaluate current staffing models as they exist in the current separate public safety dispatch centers within the County. Review and evaluate current job descriptions, job assignments and compensation levels for staff working within the current separate public safety dispatch centers within the County. iii. Review and evaluate call type, duration and call volume information for the current separate public safety dispatch centers within the County. -2- iv. Review and evaluate current technology applications and systems for the separate public safety dispatch centers within the County. v. Develop a Consolidated Public Safety Dispatch Center Staffing and Support Systems Plan that will include sections on: 1. Recommended Center oversight model and preliminary J K. L M N O P operational budget 2. Recommended job descriptions, staffing levels and models 3. Recommended center equipment/position needs 4. Recommended applications and support systems needs 5. Associated cost estimates for the above5ections 6. A hiring schedule and training plan tolsupport the transition to a consolidated dispatch service model 7. Recommended pay levels for ;positions within the new consolidated center. The Consultant shall be familiar with the final report; of the JCCOG Joint Emergency Communication Center Stbcommittee dated December 11, 2006, attached hereto as Exhibit A and hereby incorporated herein by this r.~ference, and shall prepare plans and specifications consistent with the planning end design principles contained in these documents. The Consultant shall meet as needed with representatives of the City of Coralville, the City of Iowa City, the City of P1orth Liberty, Johnson County, or JCCOG as requested, to confirm design criteria anCl.,disc~ss project elements. The Consultant shall provide a written des~`iption of the design concept indicating the components required for construction of tha'`project. The Consultant shall provide a preliminary estimate of construction cost for the radio communication system. ,r` ~ , The Consultant shall prepare all materials rela't~ed to the project in a manner consistent with all known federal, state, or local requirements pertaining to emergency communication center; radio communicatioh systems. Upon approval of the conceptual design, the consultant.. shall prepare system and equipment specifications and an RFP for the radio system and related user equipment. A cost estimatq'will also be provided within the context of the conceptual design review discussions ` The Consultant shall a sist in obtaining bids and make recommendations regarding award of contracts. The Consultant sh I provide the original and 12 copies of the System specification and RFP docum is and provide the JCCOG steering committee with timely updates as to project status either orally or in writing as appropriate. Copies of said report shall be available for review in draft form by the JCCOG Joint Emergency Communication Center Subcommittee. Q. Consultant will provide assistance to the Owner and the Architect of Record with an Architectural Program (list of space requirements), Schematic Design alternatives, and coordination of infrastructure requirements during the Architect's Construction Document phase. -3- II. TIME OF COMPLETION The Consultant shall provide all necessary support and services in accordance with this SOW in a timely fashion with an interim release date for the building construction document package and for the Radio System Specification and RFP no later than June 30, 2008. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, m rital status, gender identity, or sexual orientation. 2. To discriminate against any individual in t ms, conditions, or privileges of employment because of their race, col religion, sex, national origin, disability, age, marital status, gender identi , or sexual orientation. B. Should IOWA CITY terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of rmination. However, such sums shall not be greater than the "lump sum" amount fisted in Section IV. IOWA CITY may terminate this Agreement upon seven (7 calendar days' written notice to the Consultant. C. This Agreement shall be binding upon a successors and assigns of the parties hereto, provided that no assignment sh be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the r tention of the Consultant by IOWA CITY for the purpose of the Project shall be as ii~,dependent contractor and shall be exclusive, but the Consultant shall have the r' ht to`~employ such assistance as may be required for the performance of the Projec . 'j, E. It is agreed by IOWA CITY th all records and files pertaining to information needed by the Consultant for the , roject shall be''`available by said IOWA CITY upon reasonable request to the fL~onsultant. IOWA ~.ITY agrees to furnish all reasonable assistance in the use of tF}~se records and files. ''` F. It is further agreed tha no Party to this Agreement shill perform contrary to any state, federal, or local law any of the ordinances of IOWA Z5.1TY. G. At the request IOWA CITY or JCCOG Joint Emergency Communications Subcommittee, t e Consultant shall attend meetings of the JCCOG Urbanized Policy Board relative o the work set forth in this Agreement. Any 'quests made shall be given with re onable notice to the Consultant to assure attendance. E&A will attend JCCOG or ounty Board of Supervisor meetings if needed. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by IOWA CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for IOWA CITY's use of such documents on other projects. -4- The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. 10 A CITY agrees to tender the Consultant all fees in a timely manner, excepting, how er, that failure of the Consultant to satisfactorily perform in accordance with this Agree ent shall constitute grounds for IOWA CITY to withhold payment of the amount ufficient to properly complete the Project in accordance with this Agreement. K. Should an section of this Agreement be found invalid it is agreed that the remaining portion shal ' be deemed severable from the invalid rtion and continue in full force and effect. ~; L. Fees paid for se uring approval of authorities hang jurisdiction over the Project will be paid by IOWA~ITY. ~' M. Upon signing this reement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits City officer or employe from having an interest in a contract with the City, and ce ifies that no employr~e or officer of the City, which includes members of the City ouncil and City boards and commissions, has an interest, either direct or indirect, i this agreement; that does not fall within the exceptions to said statutory provision a merated in Section 362.5. N. The Consultant agrees at aN times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to IOWA CITY in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. The Consultant agrees to compJ~te all stipulated provisions of this agreement for a professional services fee not t~ exceed $150,000.00. There shall be no consultant fees exceeding this amount, ror exceeding the scope of this agreement, without written amendment of this ag~ement by both parties. B. Reasonable T&L expen: of services as outlined services fee on an actu2 will be maintained for travel and Living ex ei expenses will not ex ee~ e incurred by project team members related to the provision the SOW will be billed in addition to the professional cost basis with no markup. Documentation of T&L expenses udit purposes. A goodrfaith effort will be made to minimize uses. Additionally total Yeimbursement for travel and living i $83,000. ,ti C. Invoicing for prof ssional services will occur for ea h major component of the SOW (Phases I, II, III nd IV) of the base proposal at the oint where that portion of work has been coin eted. Invoicing for professional servi es as described in the optional services pro osal will occur quarterly and will be based on the approximate proportion total work that has been accomplishe at that time. Invoicing for reimbursement of travel and living expenses will occur m thly. V. RELATED CONSULTANT AGREEMENT .. The Consultant acknowledges that IOWA CITY intends to enter into a related consultant agreement for architectural an engineering design services ("architecture and engineering consultant") for the Joint Emergency Communication Center. The Consultant agrees to function as a design team with the architecture and engineering consultant, and coordinate so that there shall not be any duplication of services provided. -5- VI. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally acc`pted standards of the Engineering Profession. B. It is furtfi~er agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other,monies or considerations have been solicited. `e ,a i ,,~ tf FOR IOWA CITY FOR THE CONSULTANT By: Ross Wilburn Title: Mayor of Iowa City Title: Date: /_ Date: ATTEST: Approved by: City Attorney's Office l d -~~ v ~, Date '~ ,O services accept.doc (Elert revision) ~`~ \, ~,. ~, ~, , Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-303 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A CONSULTANT AGREEMENT WITH ELERT 8~ ASSOCIATES FOR RADIO DESIGN SERVICES FOR THE JOINT EMERGENCY COMMUNICATION CENTER. WHEREAS, the City of Iowa City, the City of Coralville, the City of North Liberty, and Johnson County desire that a Joint Emergency Communication Center be constructed; WHEREAS, staff has negotiated a consultant's agreement for Elert & Associates to provide radio design services in connection with the proposed Joint Emergency Communication Center; WHEREAS, the City of Coralville, the City of North Liberty, and Johnson County desire to share in the costs and fees of said consultant agreement; and WHEREAS, it is in the City's interest to execute the Consultant Agreement for Services in Support of the Consolidated Dispatch Center and Shared Radio Systems Initiative, a copy of which is attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest in duplicate the attached Consultant Agreement for Services in Support of the Consolidated Dispatch Center and Shared Radio Systems Initiative. Passed and approved this 16th day of octo , 2007. MAYOR ATTEST: ~ CIT LERK Approved by City Attorney's Office It was moved by Cham~i on and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Correia x Champion x Elliott x O'Donnell ~_ Vanderhoef x Wilburn CONSULTANT AGREEMENT FOR SERVICES IN SUPPORT OF THE CONSOLIDATED DISPATCH CENTER AND SHARED RADIO SYSTEM INITIATIVE THIS AGREEMENT, made and entered into this ~ nth day of October 2007, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as Iowa City and Elert & Associates, of Stillwater, MN, hereinafter referred to as the Consultant. WHEREAS, Iowa City desires a comprehensive study and design for a joint emergency radio communications system in Johnson County, Iowa. NOW THEREFORE, it is agreed by and between the parties hereto that the Iowa City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES The Consultant agrees to perform the following services for IOWA CITY, and to do so in a timely and satisfactory manner. A. Assessment of existing City of Iowa City and Johnson County emergency communication systems. (Note: Much of this information is readily available. The expectation is for a cursory assessment.) B. Range of options available. C. Interoperability and coverage throughout Johnson County. D. Review and recommend options for interoperability with various Iowa and Federal public safety agencies not based in Johnson County but who occasionally interact with Johnson County public safety agencies. E. Expandability and ability of the system to respond to innovations in the future as Johnson County increases in population. F. The radio communication system is to have a lifespan of at least 15 years. The specifications list developed should be non-vendor specific and not name proprietary equipment. The proposed Johnson County Emergency Communication Center will be located at the Iowa City Water Treatment Plant site in Iowa City. G. The consultant will prepare appropriate radio system conceptual designs for review and incorporation into specification and RFP documents. H. The Consultant shall complete all services included in the "Optional Services Proposal" dated July 12, 2007, including: i. Review and evaluate current staffing models as they exist in the current separate public safety dispatch centers within the County. ii. Review and evaluate current job descriptions, job assignments and compensation levels for staff working within the current separate public safety dispatch centers within the County. iii. Review and evaluate call type, duration and call volume information for the current separate public safety dispatch centers within the County. -2- iv. Review and evaluate current technology applications and systems for the separate public safety dispatch centers within the County. v. Develop a Consolidated Public Safety Dispatch Center Staffing and Support Systems Plan that will include sections on: 1. Recommended Center oversight model and preliminary operational budget 2. Recommended job descriptions, staffing levels and models 3. Recommended center equipment/position needs 4. Recommended applications and support systems needs 5. Associated cost estimates for the above sections 6. A hiring schedule and training plan to support the transition to a consolidated dispatch service model 7. Recommended pay levels for positions within the new consolidated center. The Consultant shall be familiar with the final report of the JCCOG Joint Emergency Communication Center Subcommittee dated December 11, 2006, attached hereto as Exhibit A and hereby incorporated herein by this reference, and shall prepare plans and specifications consistent with the planning and design principles contained in these documents. The Consultant shall meet as needed with representatives of the City of Coralville, the City of Iowa City, the City of North Liberty, Johnson County, or JCCOG as requested, to confirm design criteria and discuss project elements. K. The Consultant shall provide a written description of the design concept indicating the components required for construction of the project. L. The Consultant shall provide a preliminary estimate of construction cost for the radio communication system. M. The Consultant shall prepare all materials related to the project in a manner consistent with all known federal, state, or local requirements pertaining to emergency communication center radio communication systems. N. Upon approval of the conceptual design, the consultant shall prepare system and equipment specifications and an RFP for the radio system and related user equipment. A cost estimate will also be provided within the context of the conceptual design review discussions. O. The Consultant shall assist in obtaining bids and make recommendations regarding award of contracts. P. The Consultant shall provide the original and 12 copies of the System specification and RFP documents and provide the JCCOG steering committee with timely updates as to project status either orally or in writing as appropriate. Copies of said report shall be available for review in draft form by the JCCOG Joint Emergency Communication Center Subcommittee. Q. Consultant will provide assistance to the Owner and the Architect of Record with an Architectural Program (list of space requirements), Schematic Design alternatives, and coordination of infrastructure requirements during the Architect's Construction Document phase. -3- II. TIME OF COMPLETION The Consultant shall provide all necessary support and services in accordance with this SOW in a timely fashion with an interim release date for the building construction document package and for the Radio System Specification and RFP no later than June 30, 2008. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should IOWA CITY terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. IOWA CITY may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by IOWA CITY for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by IOWA CITY that all records and files pertaining to information needed by the Consultant for the project shall be available by said IOWA CITY upon reasonable request to the Consultant. IOWA CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of IOWA CITY. G. At the request of IOWA CITY or JCCOG Joint Emergency Communications Subcommittee, the Consultant shall attend meetings of the JCCOG Urbanized Policy Board relative to the work set forth in this Agreement. Any requests made shall be given with reasonable notice to the Consultant to assure attendance. E&A will attend JCCOG or County Board of Supervisor meetings if needed. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by IOWA CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for IOWA CITY's use of such documents on other projects. -4- The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. IOWA CITY agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for IOWA CITY to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by IOWA CITY. M. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. N. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to IOWA CITY in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. The Consultant agrees to complete all stipulated provisions of this agreement for a professional services fee not to exceed $150,000.00. There shall be no consultant fees exceeding this amount, or exceeding the scope of this agreement, without written amendment of this agreement by both parties. B. Reasonable T&L expenses incurred by project team members related to the provision of services as outlined in the SOW will be billed in addition to the professional services fee on an actual cost basis with no markup. Documentation of T&L expenses will be maintained for audit purposes. A good faith effort will be made to minimize travel and Living expenses. Additionally total reimbursement for travel and living expenses will not exceed $83,000. C. Invoicing for professional services will occur for each major component of the SOW (Phases I, II, III and IV) of the base proposal at the point where that portion of work has been completed. Invoicing for professional services as described in the optional services proposal will occur quarterly and will be based on the approximate proportion of total work that has been accomplished at that time. Invoicing for reimbursement of travel and living expenses will occur monthly. V. RELATED CONSULTANT AGREEMENT The Consultant acknowledges that IOWA CITY intends to enter into a related consultant agreement for architectural and engineering design services ("architecture and engineering consultant") for the Joint Emergency Communication Center. The Consultant agrees to function as a design team with the architecture and engineering consultant, and coordinate so that there shall not be any duplication of services provided. -5- VI. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR 10 By: l~-.J BY= Ross Wilburn Title: Mayor of Iowa City Date: n~roher ~ r,, ~nn7 ATTEST: ~ Ci Clerk Approved by: City Attorney's Office Date Title FOR THE CONSULTANT 9~ ~ ~' Date: tc~ . ~-~ 7 Jccogadm/agUradio services accept.doc (Elert revision) EXHIBIT A FINAL REPORT point Emergency Communication Center Subcommittee December 1 I , 2006 ._.._- ~~-' ~~ r~~ JCCOG Johnson County Council of Governments Table of Contents 2 Introduction 4 How Will It Be Governed? 6 What Are We Going To Build? 7 How Will It Be Operated? 9 Where Should The Proposed Center Be Located? 11 How Will We Pay To Construct And Operate The System? 13 Should We Consider Other Possible Users Of The System? 14 Recommendations Final Report -Joint Emergency Communication Center Subcommittee Introduction There are currently two primary and one secondary public safety answering points (PSAPs) in Johnson County. The two principal PSAPs are operated by the Johnson County Sheriff's Office and the Iowa City Police Department and perform similar functions. Together they provide radio communication services for all law enforcement and emergency response entities in Johnson County. The secondary PSAP is operated by the University of Iowa. In 2005 the City of Iowa City and Johnson County contracted with GeoComm Consultants to conduct a planning study for emergency response radio communication upgrades which will be needed in the near future. One of the recommendations of the GeoComm study was to evaluate the feasibility of a joint emergency communication center for Johnson County in lieu of the existing separate communication centers. Accordingly, in June 2006 the Urbanized Area Policy Board of the Johnson County Council of Governments appointed a subcommittee to further study and evaluate implementation of a joint emergency communication center. The following subcommittee representatives were appointed: Barry Bedford, Coralville Police Chief Henry Herwig, Coralville City Council Sam Hargadine, Iowa City Police Chief Andy Rocca, Iowa City Fire Chief Pat Harney, Johnson County Board of Supervisors Lonny Pulkrabek, Johnson County Sheriff Steve Spenler, Johnson County Ambulance Director Jim Wozniak, North Liberty City Council Regenia Bailey, JCCOG Chairperson Jeff Davidson, JCCOG Executive Director, was appointed as facilitator for the group. The subcommittee met seven times between July and November 2006. The issues addressed by the subcommittee in evaluating the proposed joint emergency communication center included: 1. How will it be governed? 2. How will it be operated? 3. What are we going to build? 4. Where will it be located? 5. How will we pay to construct the system? 6. How will we pay to operate the system? 7. Should we consider other possible users of the system? The goal for the JCCOG subcommittee was to resolve each of these issues and provide the information to the JCCOG Urbanized Area Policy Board. The Board will then consider whether or not to proceed with hiring a consultant who can resolve specific technical issues and design the facility. The following report is a summary of the subcommittee's recommendations. Final Report -Joint Emergency Communication Center Subcommittee 2 In addition to the above-mentioned subcommittee members, the following individuals assisted the JCCOG Joint Emergency Communication Center Subcommittee: Steve Atkins, Iowa City City Manager Jim Baker, Iowa City Police Department Systems Analyst Gary Cohn, City of Iowa City Information Technologies Service Coordinator John Grier, Iowa City Fire Department Ellen Habel, Coralville Assistant City Administrator Brian James, North Liberty City Administrator Mike Sullivan, Johnson County Board of Supervisors Administrative Assistant Jim Thayer, Johnson County Sheriff's Department IT Services Coordinator Tom Widmer, Iowa City Police Department Final Report -Joint Emergency Communication Center Subcommittee How Will It Be Governed? • The area of jurisdiction for the proposed Johnson County joint emergency communication center will be all of Johnson County and any other contracting entities outside of Johnson County. • The purpose will be to provide emergency communication services. • Eligible membership will be all incorporated areas within Johnson County as well as unincorporated Johnson County. Contracts with entities outside of Johnson County will also be considered. • The University of Iowa will not be a full voting member of the organization, but will be an associate member under contract. • The governance entity preferred for the joint emergency communication center is a stand-alone organization established by 28(E) agreement. This model is preferred to a model where one entity (likely either Johnson County or the City of Iowa City) would operate the center and contract services back to the other entities. • The stand-alone organizational model will include a policy board made up of elected officials and executive level representatives; auser advisory committee made up of persons such as the sheriff, police chiefs, fire chiefs and the ambulance director; and an executive director who will manage the staff of the proposed joint emergency communication center. • Policy board representation will be as follows. Iowa City: two representatives; Johnson County: two representatives; Coralville: one representative; North Liberty: one representative; Johnson County Emergency Management Committee: one representative. • All policy board representatives will be elected officials or executive level staff persons. • There will be no term limits for board members, but the chairperson will rotate annually. • There will be no official alternate policies; any policy board representative may have another elected official or executive level staff person serve as alternate. • A one person one-vote policy will be followed on the policy board. • The board will meet as needed, estimated at two to three times a year. • The user advisory committee will have the following representation: the Johnson County Sheriff, the Iowa City Chief of Police, the Coralville Chief of Police, the North Liberty Chief of Police, the University Heights Chief of Police, the Iowa City Fire Chief, the Coralville Fire Chief, the Johnson County Ambulance Director, and one representative from the Johnson County Fire Department Mutual Aid Association. Final Report -Joint Emergency Communication Center Subcommittee 4 • Liquidation of assets: In the event the joint emergency communication center organization is terminated, distribution of assets will be determined by calculating the previous two year funding commitment by each member entity, and terminating assets accordingly on a pro rata basis. • Articles of Agreement: The policy board will develop the Articles of Agreement for the Joint Emergency Communication Center. Amending the Articles of Agreement for the Joint Emergency Communication Center will require notice to be given at a policy board meeting, and a super majority vote at the following policy board meeting. These board meetings may be either regularly scheduled meetings or special meetings as determined by the policy board. Final Report -Joint Emergency Communication Center subcommittee 5 What Are We Going To Bvild? • The principal function of the proposed center will be to provide law enforcement and fire rescue/EMS dispatching for all of Johnson County. • A secondary function of the proposed center will be to provide a clearinghouse for arrest warrants. • The joint emergency communication center should be designed to function as an emergency operations center (EOC). • Johnson County Emergency Management/Civil Defense should operate from the joint emergency communication center. • The proposed center should be designed with space for expansion, and initially this space should be used for law enforcement evidence storage. • The ability to communicate with the Iowa State Highway Patrol should be designed into the facility. • Communication should be enabled between the joint emergency communication center and local hospital emergency rooms. • A suitable site should be able to accommodate a building of approximately 20,000 square feet. This may be provided in a three-story structure with a footprint of 7,000 square feet or a two-story structure with a footprint of 10,000 square feet. One of these levels may be a subterranean level. Final Report -Joint Emergency Communication Center Subcommittee 6 How Will It Be Operated? • The center shall operate 24 hours a day, seven days a week, 52 weeks a year. • The center shall have an Executive Director which shall be a 40 hour a week position. In the director's absence, the director will appoint an acting director from existing staff. o The Executive Director will have authority on all personnel matters. o The Executive Director should be hired prior to building plans being developed. o The hiring search for the Executive Director should use the expertise of the human relations divisions of Johnson County and the City of Iowa City. o The appeal of any disciplinary action taken by the Executive Director will be to the policy board. o It will require five votes (super majority) for the policy board to overrule the Executive Director on an administrative or personnel issue. Board action on policy issues will require four votes (simple majority). o One of the Executive Director's specific duties will be to have the annual operating and capital budget approved by the policy board by the end of January each year. • There will be 24/7 supervisory personnel present. • There shall be one set of Standard Operating Procedures (SOPS) for the facility. The expectation for SOPs shall be provided to the Executive Director who shall develop the SOPS. • Accreditation is not necessary, but accreditation standards called out in CALEA (Commission on Accreditation on Law Enforcement Agencies) and CFAI (Commission on Fire Accreditation International) should be used as a guide in developing SOPS. • The facility will have dedicated law enforcement and fire/EMS dispatchers. Individuals should be cross trained for both. • Dispatchers will answer routine calls and enter arrest warrants during down time. • "Clear Text" radio language will be used in the new system. There should be predetermined assignment for responding to calls. • There shall be ITS personnel on the staff of the joint emergency communication center. • Administrative staff should not be call takers, except in emergency. • Employees of the existing emergency communication centers at the Johnson County Sheriff's Office and the Iowa City Police Department will be offered employment at the new joint emergency communication center. Final Report -Joint Emergency Communication Center Subcommittee 7 o Employees will continue participation in the Iowa Public Employee Retirement System (IPERS). o Employee tenure will transfer from the City or County to the new organization. o The center should use the best aspects of the pay plan and benefits from Johnson County and Iowa City. o Employees transferring to a lower position will be assured existing salaries will be red circled until the new pay plan catches up to them. • Ancillary functions such as human relations, legal assistance and accounting should be handled for the proposed joint emergency communication center under contract by either Johnson County or Iowa City. Final Report -Joint Emergency Communication Center Subcommittee $ Where Shovld The Proposed Center Be Located? The Subcommittee went through a site selection process for the proposed facility. Subcommittee members suggested a total of 13 sites which were evaluated. All potential sites were considered; specific suitability of each site was not scrutinized in detail. There was also no discussion of the "lost opportunity" cost of using a site, i.e., if the site is used for the joint emergency communication center then it is not available for another use. Sites were evaluated only for the proposed joint emergency communication center facility, not tower locations. Tower locations will be determined subsequently by the consultant that designs the radio system. The following criteria were used in the evaluation: 1. There should be public ownership of the site. 2. The site should be centrally located. 3. The site should be located near the jail. 4. The size of the site should accommodate a building of approximately 20,000 sq. ft. 5. There should be drive-through capability, although this could be accomplished through a pneumatic tube system such as at a drive-in bank, to accommodate arrest warrant pick- up. 6. The site needs to be secure. 7. The site needs to be fortified and not adjacent to hazards such as the flood plain or hazardous chemicals. 8. The site needs to accommodate adequate parking. 9. The site needs to be accessible to the fiber optic network. Each criteria was identified by the subcommittee as lesser, moderate, or high importance. The following sites were suggested by subcommittee members and evaluated: • Old bus station at College/Gilbert intersection • Federal lot/Courthouse area • Johnson County Secondary Roads • Iowa City Water Treatment Plant • North Iowa City Sewage Treatment Plant • South Iowa City Sewage Treatment Plant • Current Johnson County Jail site • Old National Guard Armory site located south of County Administration Building • Johnson County Public Health building on Gilbert Court • Old Iowa City Public Works site (Iowa City Transit) • Aviation Commerce Park • Vacant space in the Qwest Building on Burlington Street • Johnson County Ambulance site Final Report -Joint Emergency Communication Center Subcommittee 9 Each site was evaluated against each of the criteria and the following scores resulted: Rank Score Site 1 65 Old National Guard Armory site south of County Admin. Building I 65 Old bus station at College/Gilbert intersection 3 64 Iowa City Water Treatment Plant 4 62 Vacant space in the Qwest Building on Burlington Street 5 61 Federal lot/Courthouse area 6 56 North Iowa City Sewage Treatment Plant 7 53 Aviation Commerce Park 7 53 Johnson County Public Health building on Gilbert Court 9 52 South Iowa City Sewage Treatment Plant 9 52 Johnson County Secondary Roads 11 51 Old Iowa City Public Works site (Iowa City Transit) 11 51 Johnson County Ambulance site 13 48 Current Johnson County Jail site The top five sites taken from the evaluation process are all considered excellent potential sites. A vote was taken of subcommittee members on the top five sites resulting in the following rankings: Votes Site 4 Old National Guard Armory site south of County Admin. Building 4 Old bus station at College/Gilbert intersection 4 Iowa City Water Treatment Plant I Vacant space in the Qwest Building on Burlington Street 0 Federal lot/Courthouse area Final Report -Joint Emergency Communication Center Subcommittee l 0 How Will We Pay To Construct And Operate The System ? Five financing options were evaluated: 1. E911 line charge. Currently $.45 per month; generates $500,000 annually. Going to $1 per month would generate approximately another $500,000 annually. This applies to phone land lines only. 2. Emergency management levy. According to state law it is levied by the Board of Supervisors on all residents in the county. Existing state law indicates that the emergency management levy may not be used to fund joint emergency communication centers because they are considered routine law enforcement and not emergency management. 3. General obligation bonds issued by the county or one of the cities. 4. Current cash reserves available through the county or one of the cities. 5. Annual budget appropriations. • The E911 surcharge can be used for capital equipment and facilities associated with the joint emergency communication center. The surcharge is currently set at $.45 per month. By action of the Johnson County E-9l 1 Board it can be increased to $1 per month. By referendum it can be increased to $2.50 per month for up to 24 months. If not used for the joint emergency communication center it is recommended to keep $.45 in place to build up an equipment reserve fund. • Legislation should be pursued to change the State Code to allow joint emergency communication centers to use the emergency management levy for capital and operating expenses. State legislators are currently discussing how to proceed. • Any financing mechanism involving a city selling bonds in an amount greater than $700,000, or a county selling bonds in an amount greater than $800,000, will require a referendum. However, equipment-related expense is not subject to referendum. • Bonded indebtedness can be repaid by conventional means by the participating entities or by increasing the E911 surcharge. It is preferred to change state law to allow the local emergency management levy to be used to repay bonded indebtedness for the joint emergency communication center. • Participating entities should assess available current cash reserves to determine if the size of the required bonded indebtedness should be lowered to where a referendum would not be required. • The ability to lease space in an existing building for the proposed joint emergency communication center should receive consideration as a lease would negate the need to sell bonds for construction of the proposed facility. Final Report -Joint Emergency Communication Center Subcommittee 1 1 • Contracts such as UI Air Care can be used to defray operating expenses. • There will be a two year financial commitment required of all entities participating in the joint emergency communication center. This will apply to both member entities and contracting entities. • It will require a two year notice to terminate participation in the organization, both for member entities and contracting entities. • Advocate that the legislature make a change in cell phone surcharges to provide funding to counties similar to the E911 surcharge. Financing Recommendations According to the GeoComm study, the estimated capital expense for the proposed joint emergency communication center is $6.9 million. This includes $2.5 million for 1000 new radios; $3.5 million for towers and equipment (could be reduced with shared tower arrangements); and administrative expenses. There is an additional $1.4 million estimated expense to construct a building. Total estimated expense: $8.3 million. There are a variety of financing options available for funding the proposed joint emergency communications center. Participating entities will have an opportunity to select financing options that are most suitable to their particular financial circumstances and the interests of their citizens. Financing of the existing City and County communication centers includes current cash, general fund appropriations, supplemental benefit levies, E-911 line surcharge, and contracted services. Iowa City also uses a limited amount of capital general obligation debt. The participating entities may need to consider the use of bonded indebtedness to finance equipment and related needs for the center. Indebtedness for equipment is not subject to referendum. A new building may also require the use of bonded indebtedness. Indebtedness for a building may require a referendum. The Cities are limited to $700,000 in bonded indebtedness and the County is similarly limited to $800,000, beyond which a referendum is required. The City of Iowa City intends to prepare an outline of financial options and present it under separate cover. Final Report -Joint Emergency Communication Center Subcommittee 12 Shovld We Consider Other Possible Users Of The System ? • All law enforcement and fire rescue/EMS entities in Johnson County will be eligible to receive radio communication and dispatching services, as well as equipment. • Non-law enforcement or fire rescue/EMS entities such as public transit or public works departments will have the radio frequency made available to them but shall not receive dispatching services from the joint emergency communication center. • The proposed Johnson County system should be compatible with other counties to the degree possible. Tower sharing should be encouraged to the degree possible. • Other small counties may be incorporated into the Johnson County system if this can be suitably negotiated. Large counties will not likely be incorporated into the Johnson County system, but mutual backup arrangements should be negotiated with another appropriately sized county. Final Report -Joint Emergency Communication Center Subcommittee ] 3 Recommendations • The JCCOG Urbanized Area Policy Board should accept the report of the JCCOG Joint Emergency Communication Center Subcommittee. • The Cities of Coralville, Iowa City, and North Liberty; and Johnson County should be directed to include in their FY08 budgets funding for the hiring of a consultant to design the buildings, towers, radio system and other infrastructure required for the proposed joint emergency communication center. • Coralville, Iowa City, North Liberty; and Johnson County should proceed during the remainder of FY07 to assemble an RFP for the hiring of a design consultant and attempt to have the consultant under contract by July 1, 2007. • Coralville, Iowa City, North Liberty; and Johnson County should proceed with creating the 28(E) organization that will establish the Johnson County Joint Emergency Communication Center. • Once established, the 28(E) entity should proceed with hiring an Executive Director for the organization so that the person can assist with the design of the system. • The appropriate persons from the participating entities should be convened immediately to work through selection of the preferred site from the top five sites that have been identified. jcco@adm /JERCCSfinal reportl I-22-06.doc Final Report -Joint Emergency Communication Center Subcommittee ~ 4 ~ ,~ ~ - s-o 19 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-304 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A CONSULTANT AGREEMENT WITH NEUMANN MONSON ARCHITECTS PC FOR ARCHITECTURAL SERVICES FOk THE JOINT EMERGENCY COMMUNICATION CENTER. WHEREAS, the City of Iowa City, the City of Coralville, the City of North Liberty, and Johnson County desire that a Joint Emergency Communication. Center be constructed; WHEREAS, staff has negotiated a consultant's agreement with Neumann Monson Architects PC to provide architectural and engineering services in connection with the proposed Joint Emergency Communication Center; WHEREAS, the City of Coralville, the City of North Liberty, and Johnson County desire to share in the costs and fees of said consultant agreement; and WHEREAS, it is in the City's interest to execute the Consultant Agreement for Architectural and Engineering Services, a copy of which is attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest in duplicate the attached Consultant Agreement for Architectural and Engineering Services. Passed and approved this 16th day of c , 2007. MA OR ATTEST: -ryc~,:.~-~~ ~~ ~~~~ CI CLERK Approved by (c~ -r a-v~ City Attorney's Office It was moved by VanderhoPf and seconded by Ba;1,Q..y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Correia x Champion ~ Elliott - x O'Donnell x Vanderhoef x Wilburn CONSULTANT AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES THIS AGREEMENT, made and entered into this t Fith day of October , 2007, by and between the City of Iowa City, hereinafter referred to as the City or owner and Neumann Monson Architects PC, of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to develop a Joint Communications Center for Johnson County, Iowa. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES The Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. The Consultant shall be familiar with the Final Report of the JCCOG Joint Emergency Communication Center Subcommittee, dated December 11, 2006, attached hereto as Exhibit A and hereby incorporated herein by this reference, and shall prepare plans and specifications for the facility consistent with the planning and design principles contained in this document. B. The design of the project shall incorporate all functional areas stipulated for the facility. The project shall use existing access points onto Dubuque Street. The Consultant shall be familiar with all associated building code issues and shall complete all design services in accordance with said codes. All work completed by the Consultant shall be approved by the City of Iowa City Division of Building and Inspection Services prior to the letting of the project. C. Work will include all architectural and engineering services required for construction of the Joint Communication Center for Johnson County, Iowa. This shall include, but not be limited to: construction schedules, cost estimates, preliminary drawings, plans and specifications, and other documents illustrating the scale and relationship of the project components. D. The Consultant will completely design the project and prepare all construction documents. E. The building to be constructed for the joint communication center shall be approximately 10,000 - 20,000 square feet in size, and may consist of multiple levels. One of these levels may be a subterranean level. F. The ability to communicate with the Iowa State Highway Patrol shall be designed into the proposed facility. Communication should be enabled between the Joint Emergency Communication Center and local hospital emergency rooms. County-wide and State-wide interoperability shall be thoroughly evaluated. G. A secondary function of the proposed facility will be to provide a clearinghouse for all Johnson County arrest warrants. The facility should be designed with space for expansion. -1- H. The following elements shall be included in the design of the project and preparation of construction documents: 1. The Consultant shall meet with the JCCOG Joint Emergency Communication Center Subcommittee as requested, and any other community groups as directed, to confirm design criteria and discuss project elements. 2. The Consultant shall prepare preliminary drawings for discussion including site plans showing site relationships, floor plans, and associated elements of the proposed facility. 3. The Consultant shall provide a written description of the design concept and outline specifications indicating the major building materials, mechanical, electrical, structural, and other systems required, for construction of the project. The project shall be designed to complement the adjacent Iowa City Water Treatment Plant and be harmonious with the natural area and entranceway to the community. 4. The Consultant shall provide a preliminary estimate of construction costs, including site development costs, and assist in preparation of a total project budget. 5. The Consultant shall be available as needed to assist the JCCOG Joint Emergency Communication Center Subcommittee in presenting the final project design to community groups. 6. The Consultant shall prepare presentation drawings which shall include but not be limited to a site plan showing the various levels of the project, and major building elevation drawings. 7. The Consultant shall prepare all materials related to this project in a manner consistent with all known federal, state, or local requirements pertaining to emergency communication centers. 8. Upon approval of the final project design by the JCCOG Joint Emergency Communication Center Subcommittee, the Consultant shall prepare final plans, specifications, and costs estimates. 9. The Consultant shall assist in obtaining bids and make recommendations regarding award of contracts. 10. The Consultant shall evaluate any existing hazards in the area and include design solutions appropriate for an emergency operations center. The Consultant shall provide the original and 12 copies of the final design plan report. Ten copies of said report shall be available for review in draft form by the JCCOG Joint Emergency Communication Center Subcommittee. J. SPECIFIC SCOPE OF ARCHITECT'S BASIC SERVICES § 1.1 DEFINITION The Architect's Basic Services consist of those described in Sections 1.1 through 1.6 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. § 1.2 SCHEMATIC DESIGN PHASE § 1.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 1.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.1.1. § 1.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. -2- § 1.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 1.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. § 1.3 DESIGN DEVELOPMENT PHASE § 1.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. § 1.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. § 1.4 CONSTRUCTION DOCUMENTS PHASE § 1.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 1.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. § 1.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. § 1.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 1.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. § 1.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 1.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. § 1.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A101, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 1.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 1.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 1.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. -3- § 1.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 11, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (1) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 1.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 1.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 1.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 1.6.9 CERTIFICATES FOR PAYMENT § 1.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. § 1.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 1.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (1) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 1.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (1) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 1.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 1.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no -4- delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 1.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 1.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. § 1.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 1.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 1.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. § 1.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 1.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Section 1.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. K. Architect's Additional Services 1.1 Providing analysis of the Owner's needs and programming the requirements of the project. A written program document will be prepared for the Owner's approval prior to beginning the design phase of the work. The program will identify each space. 2.1 Provide analysis of the risks to maintaining uninterrupted services associated with the proposed site in collaboration with the Owner's user group. Identify risks and identifying strategies to address each risk will be developed. A summary report will be prepared. 3.1 Provide detailed cost estimates at the schematic design phase and the design -5- development phase of the project. 4.1 Provide LEED®/Sustainable Design services in collaboration with design parameters established with the Owner's user group. 4.2 If the Owner desires LEED certification, architect will prepare the required submittal materials for USGBC's consideration. 4.3 The Architect and its Consultants can not guarantee that the USGBC will accept any or all components submitted toward LEED certification of the building. The Architect and its Consultants will provide data, calculations and justification to appeal LEED components that have not been accepted, but cannot control the decision or actions of the USGBC. LEED components that the owner wishes to appeal beyond the first appeal will be considered additional services. 5.1 PROJECT REPRESENTATION BEYOND BASIC SERVICES 5.1.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 5.1.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 5.1.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities orobligations of the Architect as described elsewhere in this Agreement. 6.1 Coordination with radio services consultant Ehlert and Associates of Stillwater, Minnesota is included in the scope of the Architects Basic Services. Architect will include in the construction documents power, data and HVAC requirements in the locations II. TIME OF COMPLETION A. The Consultant shall complete all architectural and engineering services according to a schedule for letting the project that would allow construction to be completed and the facility occupied during FY09, which ends June 30, 2009. B. The Consultant shall complete all phases of the Project and have the bid letting completed by June 30, 2008. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should either party terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. -6- C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by the City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of JCCOG, the Consultant shall attend meetings of JCCOG and the County Board of Supervisors relative to the work set forth in this Agreement. Any requests made by JCCOG shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional architect affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Drawings, specifications and other documents, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors shall retain all common law, statutory and other reserved rights, including copyrights. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the 7 City, and certifies that no employee or officer of the City, which includes members of the City Council, County Board of Supervisors and City and County boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. For Basic Services, as described in Article I-J -Fee shall be $ 120,000.00 for services based on a building construction cost of $1,500,000.00. If the scope of the project increases materially to include a higher construction cost, the fee will be adjusted upward proportionately. 6. Progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Schematic Design Phase: Fifteen percent (15%) Design Development Twenty percent (20%) Phase: Construction Documents Thirty-Five percent (35%) Phase: Bidding or Negotiation Five percent (5%) Phase: Construction Phase: Twenty-Five (25%) percent Total Basic Compensation One Hundred (100%) percent C. COMPENSATION FOR ADDITIONAL SERVICES For project representation beyond basic services, compensation shall be computed as follows: 1. Programming services as described in K 1.1 - lump sum fee of $10,500. 2. Risk Analysis Summary as described in K2.1- lump sum fee of $4,500. 3. Detailed cost estimates as described in K 3.1 - lump sum fee of $8,500. 4. LEED/Sustainable Design Services as described in K4.1 -lump sum fee of $21,600. 5. Two Colored Presentation Renderings for promotional use- lump sum fee $5,700. 6. On site Observation and project representation beyond basic services to be billed at $80/hour 7. Coordination with Radio Services Consultant is included in Basic Services 8. The services of Gary Brown, Funding and Programming Consultant, will be billed at an hourly rate of $100/hour for services as requested beyond the Programming and Risk Analysis. 9. Other additional services as requested by Owner - to be billed hourly as per attached Schedule of Hourly Rates. 10. Architect will provide location of soil borings for Owner's use in obtaining Geotechnical Services by others. 11. Architect will incorporate Site Survey information as prepared by others. 12. Record set documents if requested by Owner will be prepared on an hourly rate basis. 13. Furniture and Equipment planning, specifications, bidding and installation review will be provided on a time and material basis. 14. Art selection and graphic design services will be provided on a time and material basis if requested. 15. Commissioning services will be provided at a fee to be determined based on the scope of services requested. 8 D. REIMBURSABLE EXPENSES For Reimbursable Expenses, a multiple of One and One-Tenth (1.1) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. Estimate expenses are included below. 1. Travel Expense -Allowed by the IRS for current calendar year. $ 1,000 2. Printing Expenses -Plans and Specifications $30,000 3. FAX and Phone Expenses $ 500 4. Postage and Delivery Expenses $ 1,000 5. Meals and lodging for out of town consultants $ 1,500 E. Payments are due and payable Fifteen (15) days from the date of the Architect's invoice. Amounts unpaid Thirty (30) days after the invoice date shall bear interest at the rate of 12.5%. V. RELATED CONSULTANT AGREEMENT The Consultant acknowledges that the City intends to enter into a related consultant agreement for radio system design services ("radio consultant") for the Joint Emergency Communication Center. The Consultant agrees to function as a design team with the radio consultant, and coordinate so that there shall not be any duplication of services provided. VI. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Architectural Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. The Dec. 11, 2006 JCCOG Planning Report is attached to this agreement. FOR G By: C,~ oss Wilburn Mayor of Iowa City Date: October 16, 2007 ATT ST: Q~~ 7~ ~~ Ci Clerk Approved by: City orne~s Office FOR THE CO SULTANT By~ Kevin Monson President Neumann Monson PC Date: /p -~o -p°~ Date 10-ja-~~ 9 APPENDIX A SCHEDULE OF HOURLY RATES 2007 NEUMANN MONSON P.C. IOWA CITY, IOWA Various personnel of the firm have been classified according to experience and technical training, and the following schedule of charges for services will apply for all work performed during 2007. For the work undertaken in subsequent years, this schedule may be negotiated upward as a direct result of salary escalation. SERVICES Classification Hourly Rate Clerical I $40.00 Clerical II $45.00 Clerical III $50.00 Drafter I $40.00 Drafter II $45.00 Drafter III $50.00 CAD Operator I $55.00 CAD Operator II $60.00 CAD Operator III $65.00 CAD Operator IV $70.00 Technical Staff I $85.00 Technical Staff II $90.00 Interior Designer I $70.00 Interior Designer II $75.00 Interior Designer III $80.00 Intern Architect I $65.00 Intern Architect II $70.00 Intern Architect III $75.00 Intern Architect IV $80.00 Architect I $85.00 Architect II $90.00 Architect III $95.00 Structural Engineer $140.00 Associate I $95.00 Associate II $110.00 Associate III $120.00 Principal I $130.00 Principal II $150.00 10 E~~~;+ ~ FINAL REPORT point Emergency Communication Center Subcommittee December I I , 2006 ~_. ..- ~, r~~~ JCCOG Johnson County Council of Governments Tab/e of Cootents 2 Introduction 4 How Will It Be Governed? 6 What Are We Going To Build? 7 How Will It Be Operated? 9 Where Should The Proposed Center Be Located? 11 How Will We Pay To Construct And Operate The System? 13 Should We Consider Other Possible Users Of The System? 14 Recommendations Final Report -Joint Emergency Communication Center Subcommittee /ntroductioa There are currently two primary and one secondary public safety answering points (PSAPs) in Johnson County. The two principal PSAPs are operated by the Johnson County Sheriff's Office and the Iowa City Police Department and perform similar functions. Together they provide radio communication services for all law enforcement and emergency response entities in Johnson County. The secondary PSAP is operated by the University of Iowa. In 2005 the City of Iowa City and Johnson County contracted with GeoComm Consultants to conduct a planning study for emergency response radio communication upgrades which will be needed in the near future. One of the recommendations of the GeoComm study was to evaluate the feasibility of a joint emergency communication center for Johnson County in lieu of the existing separate communication centers. Accordingly, in June 2006 the Urbanized Area Policy Board of the Johnson County Council of Governments appointed a subcommittee to further study and evaluate implementation of a joint emergency communication center. The following subcommittee representatives were appointed: Barry Bedford, Coralville Police Chief Henry Herwig, Coralville City Council Sam Hargadine, Iowa City Police Chief Andy Rocca, Iowa City Fire Chief Pat Harney, Johnson County Board of Supervisors Lonny Pulkrabek, Johnson County Sheriff Steve Spenler, Johnson County Ambulance Director Jim Wozniak, North Liberty City Council Regenia Bailey, JCCOG Chairperson Jeff Davidson, JCCOG Executive Director, was appointed as facilitator for the group. The subcommittee met seven times between July and November 2006. The issues addressed by the subcommittee in evaluating the proposed joint emergency communication center included: 1. How will it be governed? 2. How will it be operated? 3. What are we going to build? 4. Where will it be located? 5. How will we pay to construct the system? 6. How will we pay to operate the system? 7. Should we consider other possible users of the system? The goal for the JCCOG subcommittee was to resolve each of these issues and provide the information to the JCCOG Urbanized Area Policy Board. The Board will then consider whether or not to proceed with hiring a consultant who can resolve specific technical issues and design the facility. The following report is a summary of the subcommittee's recommendations. Final Report -Joint Emergency Communication Center Subcommittee 2 In addition to the above-mentioned subcommittee members, the following individuals assisted the JCCOG Joint Emergency Communication Center Subcommittee: Steve Atkins, Iowa City City Manager Jim Baker, Iowa City Police Department Systems Analyst Gary Cohn, City of Iowa City Information Technologies Service Coordinator John Grier, Iowa City Fire Department Ellen Habel, Coralville Assistant City Administrator Brian James, North Liberty City Administrator Mike Sullivan, Johnson County Board of Supervisors Administrative Assistant Jim Thayer, Johnson County Sheriff's Department IT Services Coordinator Tom Widmer, Iowa City Police Department Final Report -Joint Emergency Communication Center Subcommittee 3 How Wi// It Be Go verned.~ • The area of jurisdiction for the proposed Johnson County joint emergency communication center will be all of Johnson County and any other contracting entities outside of Johnson County. • The purpose will be to provide emergency communication services. • Eligible membership will be all incorporated areas within Johnson County as well as unincorporated Johnson County. Contracts with entities outside of Johnson County will also be considered. • The University of Iowa will not be a full voting member of the organization, but will be an associate member under contract. • The governance entity preferred for the joint emergency communication center is a stand-alone organization established by 28(E) agreement. This model is preferred to a model where one entity (likely either Johnson County or the City of Iowa City) would operate the center and contract services back to the other entities. • The stand-alone organizational model will include a policy board made up of elected officials and executive level representatives; auser advisory committee made up of persons such as the sheriff, police chiefs, fire chiefs and the ambulance director; and an executive director who will manage the staff of the proposed joint emergency communication center. • Policy board representation will be as follows. Iowa City: two representatives; Johnson County: two representatives; Coralville: one representative; North Liberty: one representative; Johnson County Emergency Management Committee: one representative. • All policy board representatives will be elecfed officials or executive level staff persons. • There will be no term limits for board members, but the chairperson will rotate annually. • There will be no official alternate policies; any policy board representative may have another elected official or executive level staff person serve as alternate. • Aone-person/one-vote policy will be followed on the policy board. • The board will meet as needed, estimated at two to three times a year. • The user advisory committee will have the following representation: the Johnson County Sheriff, the Iowa City Chief of Police, the Coralville Chief of Police, the North Liberty Chief of Police, the University Heights Chief of Police, the Iowa City Fire Chief, the Coralville Fire Chief, the Johnson County Ambulance Director, and one representative from the Johnson County Fire Department Mutual Aid Association. Final Report -Joint Emergency Communication Center Subcommittee 4 Liquidation of assets: In the event the joint emergency communication center organization is terminated, distribution of assets will be determined by calculating the previous two year funding commitment by each member entity, and terminating assets accordingly on a pro rata basis. Articles of Agreement: The policy board will develop the Articles of Agreement for the Joint Emergency Communication Center. Amending the Articles of Agreement for the Joint Emergency Communication Center will require notice to be given at a policy board meeting, and a super majority vote at the following policy board meeting. These board meetings may be either regularly scheduled meetings or special meetings as determined by the policy board. Final Report -Joint Emergency Communication Center Subcommittee 5 What Are We Going To Bui~d.~ • The principal function of the proposed center will be to provide law enforcement and fire rescue/EMS dispatching for all of Johnson County. • A secondary function of the proposed center will be to provide a clearinghouse for arrest warrants. • The joint emergency communication center should be designed to function as an emergency operations center (EOC). • Johnson County Emergency Management/Civil Defense should operate from the joint emergency communication center. • The proposed center should be designed with space for expansion, and initially this space should be used for law enforcement evidence storage. • The ability to communicate with the Iowa State Highway Patrol should be designed into the facility. • Communication should be enabled between the joint emergency communication center and local hospital emergency rooms. • A suitable site should be able to accommodate a building of approximately 20,000 square feet. This may be provided in a three-story structure with a footprint of 7,000 square feet or a two-story structure with a footprint of 10,000 square feet. One of these levels may be a subterranean level. Final Report -Joint Emergency Communication Center Subcommittee 6 How Will It Be Operated. • The center shall operate 24 hours a day, seven days a week, 52 weeks a year. • The center shall have an Executive Director which shall be a 40 hour a week position. In the director's absence, the director will appoint an acting director from existing staff. o The Executive Director will have authority on all personnel matters. o The Executive Director should be hired prior to building plans being developed. o The hiring search for the Executive Director should use the expertise of the human relations divisions of Johnson County and the City of Iowa City. o The appeal of any disciplinary action taken by the Executive Director will be to the policy board. o It will require five votes (super majority) for the policy board to overrule the Executive Director on an administrative or personnel issue. Board action on policy issues will require four votes (simple majority). o One of the Executive Director's specific duties will be to have the annual operating and capital budget approved by the policy board by the end of January each year. • There will be 24/7 supervisory personnel present. • There shall be one set of Standard Operating Procedures (SOPs) for the facility. The expectation for SOPs shall be provided to the Executive Director who shall develop the SOPs. • Accreditation is not necessary, but accreditation standards called out in CALEA (Commission on Accreditation on Law Enforcement Agencies) and CFAI (Commission on Fire Accreditation International) should be used as a guide in developing SOPS. • The facility will have dedicated law enforcement and fire/EMS dispatchers. Individuals should be cross trained for both. • Dispatchers will answer routine calls and enter arrest warrants during down time. • "Clear Text" radio language will be used in the new system. There should be predetermined assignment for responding to calls. • There shall be ITS personnel on the staff of the joint emergency communication center. • Administrative staff should not be call takers, except in emergency. • Employees of the existing emergency communication centers at the Johnson County Sheriff's Office and the Iowa City Police Department will be offered employment at the new joint emergency communication center. Final Report -Joint Emergency Communication Center Subcommittee 7 o Employees will continue participation in the Iowa Public Employee Retirement System (IPERS). o Employee tenure will transfer from the City or County to the new organization. o The center should use the best aspects of the pay plan and benefits from Johnson County and Iowa City. o Employees transferring to a lower position will be assured existing salaries will be red circled until the new pay plan catches up to them. • Ancillary functions such as human relations, legal assistance and accounting should be handled for the proposed joint emergency communication center under contract by either Johnson County or Iowa City. Final Report -Joint Emergency Communication Center Subcommittee $ Where Shou/d The Proposed Center Be Located ~ The Subcommittee went through a site selection process for the proposed facility. Subcommittee members suggested a total of 13 sites which were evaluated. All potential sites were considered; specific suitability of each site was not scrutinized in detail. There was also no discussion of the "lost opportunity" cost of using a site, i.e., if the site is used for the joint emergency communication center then it is not available for another use. Sites were evaluated only for the proposed joint emergency communication center facility, not tower locations. Tower locations will be determined subsequently by the consultant that designs the radio system. The following criteria were used in the evaluation: 1. There should be public ownership of the site. 2. The site should be centrally located. 3. The site should be located near the jail. 4. The size of the site should accommodate a building of approximately 20,000 sq. ft. 5. There should be drive-through capability, although this could be accomplished through a pneumatic tube system such as at a drive-in bank, to accommodate arrest warrant pick- up. 6. The site needs to be secure. 7. The site needs to be fortified and not adjacent to hazards such as the flood plain or hazardous chemicals. 8. The site needs to accommodate adequate parking. 9. The site needs to be accessible to the fiber optic network. Each criteria was identified by the subcommittee as lesser, moderate, or high importance. The following sites were suggested by subcommittee members and evaluated: • Old bus station at College/Gilbert intersection • Federal lot/Courthouse area • Johnson County Secondary Roads • Iowa City Water Treatment Plant • North Iowa City Sewage Treatment Plant • South Iowa City Sewage Treatment Plant • Current Johnson County Jail site • Old National Guard Armory site located south of County Administration Building • Johnson County Public Health building on Gilbert Court • Old Iowa City Public Works site (Iowa City Transit) • Aviation Commerce Park Vacant space in the Qwest Building on Burlington Street • Johnson County Ambulance site Final Report -Joint Emergency Communication Center Subcommittee 9 Each site was evaluated against each of the criteria and the following scores resulted: Rank 1 Score 65 Site Old National Guard Armory site south of County Admin. Building 1 65 Old bus station at College/Gilbert intersection 3 64 Iowa City Water Treatment Plant 4 62 Vacant space in the Qwest Building on Burlington Street 5 61 Federal lot/Courthouse area 6 56 North Iowa City Sewage Treatment Plant 7 53 Aviation Commerce Park 7 53 Johnson County Public Health building on Gilbert Court 9 52 South Iowa City Sewage Treatment Plant 9 52 Johnson County Secondary Roads 11 51 Old Iowa City Public Works site (Iowa City Transit) 11 51 Johnson County Ambulance site 13 48 Current Johnson County Jail site The top five sites taken from the evaluation process are all considered excellent potential sites. A vote was taken of subcommittee members on the top five sites resulting in the following rankings: Votes Site 4 Old National Guard Armory site south of County Admin. Building 4 Old bus station at College/Gilbert intersection 4 Iowa City Water Treatment Plant 1 Vacant space in the Qwest Building on Burlington Street 0 Federal lot/Courthouse area Final Report -Joint Emergency Communication Center Subcommittee 10 How Wi// We Pay To Construct And Operate The System ~ Five financing options were evaluated: E911 line charge. Currently $.45 per month; generates $500,000 annually. Going to $1 per month would generate approximately another $500,000 annually. This applies to phone land lines only. 2. Emergency management levy. According to state law it is levied by the Board of Supervisors on all residents in the county. Existing state law indicates that the emergency management levy may not be used to fund joint emergency communication centers because they are considered routine law enforcement and not emergency management. 3. General obligation bonds issued by the county or one of the cities. 4. Currenf cash reserves available through the county or one of the cities. 5. Annual budget appropriations. The E911 surcharge can be used for capital equipment and facilities associated with the joint emergency communication center. The surcharge is currently set at $.45 per month. By action of the Johnson County E-911 Board it can be increased to $1 per month. By referendum it can be increased to $2.50 per month for up to 24 months. If not used for the joint emergency communication center it is recommended to keep $.45 in place to build up an equipment reserve fund. • Legislation should be pursued to change the State Code to allow joint emergency communication centers to use the emergency management levy for capital and operating expenses. State legislators are currently discussing how to proceed. • Any financing mechanism involving a city selling bonds in an amount greater than $700,000, or a county selling bonds in an amount greater than $800,000, will require a referendum. However, equipment-related expense is not subject to referendum. • Bonded indebtedness can be repaid by conventional means by the participating entities or by increasing the E911 surcharge. It is preferred to change state law to allow the local emergency management levy to be used to repay bonded indebtedness for the joint emergency communication center. • Participating entities should assess available current cash reserves to determine if the size of the required bonded indebtedness should be lowered to where a referendum would not be required. • The ability to lease space in an existing building for the proposed joint emergency communication center should receive consideration as a lease would negate the need to sell bonds for construction of the proposed facility. • Contracts such as UI Air Care can be used to defray operating expenses. Final Report -Joint Emergency Communication Center Subcommittee 1 1 There will be a two year financial commitment required of all entities participating in the joint emergency communication center. This will apply to both member entities and contracting entities. • It will require a two year notice to terminate participation in the organization, both for member entities and contracting entities. • Advocate that the legislature make a change in cell phone surcharges to provide funding to counties similar to the E911 surcharge. Financing Recommendations According to the GeoComm study, the estimated capital expense for the proposed joint emergency communication center is $6.9 million. This includes $2.5 million for 1000 new radios; $3.5 million for towers and equipment (could be reduced with shared tower arrangements); and administrative expenses. There is an additional $1.4 million estimated expense to construct a building. Total estimated expense: $8.3 million. There are a variety of financing options available for funding the proposed joint emergency communications center. Participating entities will have an opportunity to select financing options that are most suitable to their particular financial circumstances and the interests of their citizens. Financing of the existing City and County communication centers includes current cash, general fund appropriations, supplemental benefit levies, E-911 line surcharge, and contracted services. Iowa City also uses a limited amount of capital general obligation debt. The participating entities may need to consider the use of bonded indebtedness to finance equipment and related needs for the center. Indebtedness for equipment is not subject to referendum. A new building may also require the use of bonded indebtedness. Indebtedness for a building may require a referendum. The Cities are limited to $700,000 in bonded indebtedness and the County is similarly limited to $800,000, beyond which a referendum is required. The City of Iowa City intends to prepare an outline of financial options and present it under separate cover. Final Report -Joint Emergency Communication Center Subcommittee 12 Sho~r/d We Consider Other Possib/e Users Of The System • All law enforcement and fire rescue/EMS entities in Johnson County will be eligible to receive radio communication and dispatching services, as well as equipment. • Non-law enforcement or fire rescue/EMS entities such as public transit or public works departments will have the radio frequency made available to them but shall not receive dispatching services from the joint emergency communication center. • The proposed Johnson County system should be compatible with other counties to the degree possible. Tower sharing should be encouraged to the degree possible. • Other small counties may be incorporated into the Johnson County system if this can be suitably negotiated. Large counties will not likely be incorporated into the Johnson County system, but mutual backup arrangements should be negotiated with another appropriately sized county. Final Report -Joint Emergency Communication Center Subcommittee 13 ~~~u~ ~....vv.. - uv~~~a u~~w as c~wv vvnunu~ut.a uvn vci nc~ ~uua.vnunuacc 14 Recommendations • The JCCOG Urbanized Area Policy Board should accept the report of the JCCOG Joint Emergency Communication Center Subcommittee. • The Cities of Coralville, Iowa City, and North Liberty; and Johnson County should be directed to include in their FY08 budgets funding for the hiring of a consultant to design the buildings, towers, radio system and other infrastructure required for the proposed joint emergency communication center. • Coralville, Iowa. City, North Liberty; and Johnson County should proceed during the remainder of FY07 to assemble an RFP for the hiring of a design consultant and attempt to have the consultant under contract by July 1, 2007. • Coralville, Iowa City, North Liberty; and Johnson County should proceed with creating the 28(E)• organization that will establish the Johnson County Joint Emergency Communication Center. • Once established, the 28(E) entity should proceed with hiring an Executive Director for the organization so that the person can assist with the design of the system. • The appropriate persons from the participating entities should be convened immediately to work through selection of the preferred site from the top five sites that have been identified. jccogadm /JERCCSfinal report.l1-22-06.doc Final Report -Joint Emergency Communication Center Subcommittee 14 io Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-305 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT AMONG THE CITY OF IOWA CITY, THE CITY OF NORTH LIBERTY, THE CITY OF CORALVILLE AND JOHNSON COUNTY FOR THE FUNDING OF CONSULTANT SERVICES FOR THE JOINT EMERGENCY COMMUNICATION CENTER. WHEREAS, the City Council has approved consultant agreements with Neumann Monson Architects LC for architectural services and Elert & Associates for radio communication services in connection with the proposed Joint Emergency Communication Center; and WHEREAS, the City of Coralville, the City of North Liberty, and Johnson County desire to share in the costs and fees of said consultant agreements; and WHEREAS, it is in the City's interest to execute the Agreement for Funding Consultant Services for the Joint Emergency Communication Center, a copy of which is attached (without all signature pages). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached Agreement for Funding Consultant Services for the Joint Emergency Communication Center. Passed and approved this ~ nth day of , 2007. MA OR Approved by ATTEST: ~ ~ ~• ~ / ~ l o ' ~ d ~ C~ ~ ~ ~A~ ~~ CITY CLERK City Attorney's Office It was moved by xa; i P~ and seconded by .orreia _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Correia x Champion X Elliott ~_ O'Donnell _~ Vanderhoef x Wilburn AGREEMENT FOR FUNDING CONSULTANT SERVICES FOR THE JOINT EMERGENCY COMMUNICATION CENTER This agreement is made by and among the City of Iowa City, the City of Coralville, the City of North Liberty, and Johnson County in Iowa City, Iowa. WHEREAS, the City of Iowa City intends to enter into consultant agreements with Neumann Monson Architects LC for architectural services, in an amount of $170,800 plus costs, and Elert & Associates for radio communication services, in an amount of $150,000.00 plus costs, in connection with the proposed Joint Emergency Communication Center; and WHEREAS, the City of Coralville, the City of North Liberty, and Johnson County desire to share in the costs and fees of said consultant agreements. IT IS THEREFORE AGREED that: 1. The City of Coralville will pay 15%, the City of North Liberty will pay 5%, and Johnson County will pay 40% of the total costs and fees under said consultant agreements. 2. The City of Iowa City will invoice the City of Coralville, the City of North Liberty, and Johnson County for said fees and costs, and the City of Coralville, the City of North Liberty, and Johnson County will reimburse the City of Iowa City within thirty (30) days of receipt of the invoice. Dated, this /'~ day of ry,sy-/~. r , 2007. CITY OF IOWA CITY Ross Wilburn, Mayor Attest: r ~ Approved: Cit Jerk City Attorney CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ day of Ucrm~2 20o't, before me, Sc~dr~t~ } ,~-- , a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn, Mayor and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. o ~ - 30 5 passed by the City Council on the l(o t~ day of ~cT~SE2 , 20D?, and that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. a < SONDRAE FORT 5~~. a , f ~7 o ~~ Commission Number 159791 • My3 mmission E titres Notary Public in and for the State of Iowa 1"'R`~ My commission exrires: 3 ad CITY OF NORTH LIBERTY ~~~'i~~~ Tom Salm, Mayor Attest: Approved: S~ City Clerk City Attorney CITY OF NORTH LIBERTY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~~~- day of ~~~~~~~-~~ , 2007, before me, a Notary Public in and for the State of Iowa, personally appeared Tom Salm, and Tracey Mulcahey to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. b7- ~~~ passed by the City Council on the ~ 3~ day of ~r/-~j~l~~ , 2007, and that Tom Salm, and Tracey Mulcahey acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary u is ' and o the State of Iowa My commission expir ~ `~~_p S ~~~~ s ~ MARY J. BYERS y Commission Number 1 d a~~j My Commission Exp ,.H CITY OF CORALVILLE ] ~ Jim . Fausett, Mayor i Attest:./- ~~~ Approved: City Clerk City Attorney CITY OF CORALVILLE ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~D'='~ day of / ~ , ?007, before me, the undersigned a ors J. ~o1~r~Sorl. notary public in and for the State of Iowa, personally appeared Jim L. Fausett and~~h } . e.~te}', to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~~ ~~~. ~~ Notary Public in and for the State of Iowa 03.~~.oY JOHNSON COUNTY X ~~~ Pat Harney, Chairperson Johnson County Board of Supervisors a Attest: Approved: _ County Auditor/Designee J son Coun orney JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY) On this ~ ~ day of JJoac w• ~ ~ 2007, before me, ; ~ .~~ ~~ ~^~q , a Notary Public in and for the State of Iowa, personally appeared Pat Harney, Board Chairperson and (~~ i ,~.~ 8 c, , Auditor/Designee, to me personally known, and, who, being by me duly sworn, did say that they are the Board Chairperson and Auditor/Designee, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of Johnson Cotmty, and that the instnuent was signed and sealed on behalf of Johnson County, by authority of its Board of Supervisors, and that Harney and ~e acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of Johnson County, by it voluntarily executed. No ary Public in and for the State of Iowa M commission expires: ~ ~g-2cO'~ ~ncw~~ amapt CommbsionNumb~t1t7M1 My Canmiuion 8 ~~o AGREEMENT FOR FUNDIN CONSULTANT SERVICES FOR THE JOINT EMERGENCY l COMMUNICATION CENTER ,.,, This agreement is made by `arid among the City of Iowa City, the City of Coralville, the City of North Liberty, and Johnson G~ounty in Iowa City, Iowa. WHEREAS, the City of Iowa City intends to enter into consultant agreements with Neumann Monson Architects LC for architectural services, in an amount of $170,800 plus costs, and Elert & Associates for radio communisation services, in an amount of $150,000.00 plug costs, in connection with the proposed Joint Emergency Communication Center; and ,~ WHEREAS, the City of Coralville, the City of North Liberty, and Johnsgri~County desire to share in the costs and fees of said consultant agreements. IT IS THEREFORE AGREED that: 1. The City of Coralville will Johnson County will pay 40% of the total 2. The City of Iowa City will in Liberty, and Johnson County for said fees ar Liberty, and Johnson County will reimburse receipt of the invoice. Dated, this day of CITY OF IOWA CITfi' 15%, the Cix3+`of North Liberty will pay 5%, and ;and fees.inder said consultant agreements. ice the City of Coralville, the City of North costs, and the City of Coralville, the City of North City of Iowa City within thirty (30) days of 2007. Ross Wilburn, Mayor ~, (O -ro'v3- Attest:. Approved: City Clerk City A ~. / 21 ~~ ~~ Date: October 9, 2007 ~ (~ Q To: Dale Helling, City Manager ' ,~`~'- From: Chris O'Brien, Parking Manager~'pYS:~ (/-~ Re: Changes to Maintenance Worker Position / Currently, the Parking Division daytime maintenance staff consists of two full-time Maintenance Worker II - Ramp/Meter Repair positions and one full-time Maintenance Worker I -Towing position. We have evaluated the duties being performed and have determined that the Maintenance Worker I -Towing position has evolved to a point that there is no distinction between it and that of the Maintenance Worker II - Ramp/Meter Repair. As a result we would like to make the following changes to our current positions: Change the name of the Maintenance Worker II - Ramp/Meter Repair to Maintenance Worker II -Parking. The position would remain at pay grade 5. When we upgraded the parking meters from mechanical to electronic, we eliminated the majority of the work necessary to maintain them. With the time that was allocated to meter repair we have assigned additional duties that have eliminated the need to outsource projects to contractors and other businesses. These include duties such as parking space striping, pigeon proofing of garages, door repair and replacement, minor concrete work and other various projects in our facilities. This has resulted in a savings to the division as we have taken on several projects in-house. Upgrade the current Maintenance Worker I -Towing to Maintenance Worker II - Parking (pay grade 5). Previously, there has always been a definite distinction between our maintenance positions. Specific employees performed duties associated with ramp and meter repair, others performed towing duties and light maintenance. Through necessity, these distinctions have disappeared and the duties being performed by our daytime maintenance staff are equal. They are all involved in our three-way rotation of meter revenue collection that we have in place for auditing reasons in addition to equal participation in all maintenance performed on access control equipment, building maintenance and meter installation. No additional staff will be necessary as towing will still be performed by our maintenance staff. Please contact me if you have any questions or would like a clarification on this request. Cc: Joe Fowler Sylvia Mejia h Prepared by: Sylvia Mejia, Personnel Admin., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 07-306 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY DELETING ONE FULL-TIME MAINTENANCE WORKER I -TOWING POSITION AND ADDING ONE FULL-TIME MAINTENANCE WORKER II -PARKING POSITION. WHEREAS, the Parking Division has one full-time Maintenance I -Towing position; and WHEREAS, an evaluation of duties performed by this position within the Parking Division showed duties comparable to those of a Maintenance Worker II -Parking position; and WHEREAS, it was determined that the Parking Division would be best served by the elimination of one full-tme Maintenance Worker I -Towing position and the addition of one full-tme Maintenance Worker II -Parking position. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Parking Division be amended by: The deletion of one full-time Maintenance Worker I -Towing position, AFSCME Grade 3 2. The addition of one full-time Maintenance Worker II -Parking position, AFSCME Grade 5 Passed and approved this 16th day of nctohPr _, 20 07 ~../ MAYOR ATTEST: //" CITY LERK wpdata/humanrel/res/MW I IPkg.doc Ap e . City Att ne Offi lei -/~-b ~-- Resolution No. ~_~6 Page ~ It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: ~- x x ~- x x ~- NAYS: Correia the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn t t~'"::F - 6-07 22 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. n~-~n~ RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE COURT HILL TRAIL PROJECT, STP-E-3715(635)-8V- 52. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being .attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City of Iowa City, Iowa deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for the construction of the Court Hill Trail along Ralston Creek from Creekside Park to Court Hill Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 16th day of er , 20 nZ AYOR ATTEST: ec~sc..~ ~ 9'~~t-c~c.~ CI LERK Ap oved by ~o ~o~ ~ City Attorney's Office Resolution No. 07-307 Page 2 It was moved by Vanderhoef and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x X x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Iowa Department of Transportation Agreement for a Transportation Enhancement Program Project PROJECT NAME: Court Hill Trait RECIPIENT: City of Iowa City PROJECT NUMBER: STP-E-3715(635)-8V-52 IOWA DOT AGREEMENT NUMBER: 07-STPE-125 This is an agreement between the City of Iowa City (hereinafter referred to as Recipient) and, the Iowa Department of Transportation (hereinafter referred to as the DOT). Iowa Code Sections 306A.7 and 307.44 provide for the Recipient and the DOT to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with Federal funds. The Recipient proposes a Transportation Enhancement (TE) project for funding under Sec. 133(b)(8) and Sec. 101(a)(35) of Title 23, United States Code. The Transportation Equity Act for the 21St Century (TEA-21 ), enacted in 1998, reestablished the Surface Transportation Program (STP). Federal regulations provide that STP funds for the TE program are to be administered by the DOT. The Office of Management and Budget (OMB) Circular A-133 requires the Recipient to report the Catalog of Federal Domestic Assistance (CFDA) number and title on all Federal-Aid projects. The Recipient will use CFDA #20.205 and title, "Highway Planning and Construction" for this project. This information should be reported in 'The Schedule of Expenditures of Federal Awards". Pursuant to the terms of this agreement, applicable statutes, administrative rules, and programming by the DOT and the Johnson County Council of Governments, the DOT agrees to provide funding to the Recipient for the authorized and approved costs for eligible items associated with the development of the Court Hill Trail. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The Recipient shall be the lead organization for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOTS and/or the Recipient's contact person. The DOTS contact person shall be Yvonne Diller, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010; telephone 515-239-1252; email yvonne.dillerC~dot.iowa.~ov. The Recipient's contact person shall be Ron Knoche, City Engineer, 410 East Washington Street, Iowa City, IA 52240- 1826. 3. The Recipient shall be responsible for the development and completion of the following described project: Construct approximately 1 mile of 10 foot wide paved pedestrian trail from Court Hilt Park to Creekside Park along the South Branch of Ralston Creek including the removal and replacement of an existing pedestrian bridge in Iowa City at a total estimated cost of $751,934. 4. Eligible project costs for the project described in Section 3 of this agreement, listed above, which are incurred after the date of Federal Highway Administration authorization shall be paid as follows: TE Funds (Grant): $305,676 (41%) Local Contribution: 446,258 Project Total: $751,934 5. The local contribution stated above may include cash or non-cash contributions to the project. The Recipient shall certify to the DOT the value of any non-cash contribution to the project prior to it being incurred. For right of way contributions, the recipient shall submit an appraisal from a qualified independent appraiser. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipient's non-cash contribution for the purposes of this agreement. If, as a result of the DOTS determination, the Recipient's total cash and non-cash contribution is below that stated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the grant and/or loan amount associated with this project shall be reduced accordingly. 6. The portion of total project costs paid by grant shall not exceed the amount stated above ($305,676) or 80 percent of the total cost of the eligible items, whichever is the smaller amount. Any cost overruns shall be paid solely by the applicant. 7. Project activities or costs eligible for funding include only those items set out in Exhibit A which is attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include but are not limited to those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided, the DOT shall have the right to terminate this contract without penalty by giving not less than ninety (90) days written notice. 10. The DOT reserves the right to delay reimbursement of funds to the Recipient if necessary to maintain a positive cash flow. if such a delay is necessary and lasts more than five working days, the DOT shall so notify the Recipient in writing and shall give the Recipient an estimate of when reimbursement might be expected. The DOT shall establish a system to equitably make reimbursements to all Recipients so affected. 11. The Recipient shall submit to the DOT, no later than 30 days subsequent to the Recipient's signature date on this agreement, a timetable outlining the project schedule. Failure to do so by the Recipient may be considered a default under this agreement. 12. The Recipient must have let the contract or construction started within two years of the date this project is approved by DOT. Approval was granted by the DOT on May 30, 2007. if the Recipient does not do this, they will be in default for which the DOT can revoke funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least sixty (60) days prior to the deadline. 13. This agreement will become null and void if the project described in Section 3 drops out of the Johnson County Council of Governments' current Transportation Improvement Program (TIP) or the approved current DOT Statewide Transportation Improvement Program (STIP) prior to authorization of Federal funds. 14. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 15. It is the intent of both parties that no third party beneficiaries be created by this agreement. 16. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 17. This agreement is not assignable without the prior written consent of the DOT. 18. If the project described in Section 3 of this agreement crosses a DOT primary road, then: A. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. B. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Offices of Road Design and Maintenance with regard to crossing design and location, signing, fencing, safety,. maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. C. The use of primary highway right of way for this project's purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. D. The use of primary highway right of way for this project's purposes shall be subject to any future plans for reconstruction, improvement, maintenance, and/or relocation of the highway by the DOT. Any relocation of this project necessary because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. 19. The Recipient shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DOTS Right of Way manual. The Recipient shall contact the DOT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in the right of way purchase are involved. The Recipient will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal-aid participation for right of way acquisition, the Recipient wilt need to get environmental concurrence and Federal Highway Administration (FHWA) authorization before purchasing any needed right of way. 20. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road system when on the DOTs right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 21. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Within the Right of Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project prior to the start of construction. In addition, the Recipient shall certify to the DOTS contact person that all known required environmental permits have been received and that all environmental regulations have been complied with before funds are reimbursed or credited. Neither the approval of the project application for funding nor the signing of this agreement shall be construed as approval of any required permit from DOT. 22. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code Chapter (IAC) 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 23. In the event that right of way is required for the project, said right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 24. The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other agreement documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other agreement documents for each division must be submitted at least thirty (30) days prior to the project letting of each division. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 25. The Recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 26. The Recipient shall maintain alt books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The Recipient shall also make such materials available at all reasonable times during the construction period and for three years from the date of final reimbursement, for inspection by the DOT, FHWA, or any authorized representatives of the Federal government. Copies of said materials shall be furnished by the Recipient if requested. 27. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 28. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs less a retainage of not more than ten percent, either by state warrant, or by crediting other accounts from which payment may have been made initially. If, upon audits of contracts, the DOT determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the DOT. 29. Upon completion of the project described in this agreement, a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition, prior to final reimbursement for the project the Recipient shall furnish three sets of "as-built" plans of the project to the DOT. Final reimbursement of funds, including retainage, shall be made only after the DOT accepts the project as complete. 30. If, in the opinion of the Recipient, the specific provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, prove to be burdensome to the Recipient or otherwise not in the public interest, and if the Recipient decides that the provisions of this agreement can be otherwise complied with without endangering public safety, the Recipient may request that said provisions be waived on all or specific parts of the project identified by the Recipient. Such request shall be made in writing to the DOTs contact person who shall, after consultation with other DOT staff, as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall be performed by the Recipient's contact person or designee. 31. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOTS application review and approval process, plan and construction reviews and funding participation. 32. This agreement may be declared to be in default by the DOT if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the DOT determines that the project is not developed as described in the application. 33. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or a notice of continued default. 34. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of funds loaned or granted by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the DOT Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of road use tax funds, or other methods as approved by the Commission. 35. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to IAC 679A (2003). Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this section for arbitration. 36. The Recipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the DOT. Failure to comply with this provision may be considered a default of this agreement. 37. The Recipient shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the IAC 216 (2003). No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives state funds from the DOT. 38. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work. Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five (5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. Additionally, for projects where Federal highway funds or Federal non- highway funds are used to match the project, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used. The Recipient shall comply with all requirements for use of said funds as outlined in Exhibit C. 39. The Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 40. This agreement as set forth in sections 1 through 40 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 07-STPE-125 as of the date shown opposite its signature below. RECIPIEN City of Iowa City By: Dact~: October 16 , 2007 Title: Mac~nr IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincol Way, Ames, Iowa 50010 By: ~ Date ~~ ~~ , 2007 Stuart P. Anderson Director Office of Systems Planning Exhibit A Project activities or costs eligible for Transportation Enhancement funding assistance include: a. Land acquisition, including appraisal and negotiation. Land maybe acquired by lease, easement or fee title. b. Construction of the project. c. Design engineering and construction inspection directly associated with the project. Exhibit B Project activities or costs ineligible for Transportation Enhancement funding assistance include: a. Any and all costs incurred prior to the execution of an agreement and written receipt of federal concurrence in environmental clearance for a project. b. Routine maintenance of a project. c. Overhead and operating costs -such as auditing, legal and administrative costs - associated with the project. d. Expenses associated with the preparation and submission of a project application. e. Utility costs not necessitated by the project. f. Purchase of office furnishings or equipment, construction equipment or personal property. Exhibit C Standard Provisions for use of Federal-Aid 1. Since this project is to be financed in part with local and Federal funds, the Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, sub-recipients and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or handicap/disability. While no specific commitment or numeric goal has been established for this project, the Recipient is encouraged in accordance with Title 49, Code of Federal Regulations -Part 26 (49 CFR 26), to make a good faith effort to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. 2. The Recipient must receive notice of FHWA authorization from the DOT before beginning any work for which federal-aid reimbursement will be requested. The cost of work, occurring prior to securing FHWA authorization, will not be reimbursed with federal-aid funds. The Recipient must contact the DOT to obtain the procedures necessary to secure FHWA authorization. 3. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location/design approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. If farmland is to be acquired, whether for use as project right of way or permanent easement, the Recipient shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (MRCS). 4. The Recipient shall certify to the DOT's contact person that all known required environmental permits have been received and that all environmental regulations have been complied with before funds are reimbursed or credited. 5. The Recipient shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DOT, etc. 6. General requirements and covenants (Division 11) of the DOT's standard specifications shall apply to all projects let at the DOT. 7. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review and authorization to let the project. 8. The project shall be constructed under the DOT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the DOT. 9. The Recipient shall comply with the procedures and responsibilities for materials testing and construction inspection according to the DOT's Instructional Memorandums (I.M.'s). The DOT will bill the Recipient for testing services according to its normal policy. 10. If Federal-aid is requested for in-house engineering services, the Recipient will follow the procedure outlined by the DOT. The Recipient, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 -Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. 11. If Federal-aid is requested for preliminary and/or construction engineering costs, the Recipient will select a consultant(s) in accordance with the DOT's consultant selection process. 12. The Recipient and the Consultant shall prepare a consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 -Administration of Negotiated Contracts (23 CFR 172). This is required only if the Recipient uses federal funds for engineering services. 13. After the contents of the consultant contract have been mutually approved, the Recipient shall execute the contract and forward the same to the DOT for authorization only if federal funds are used for engineering services. 14. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right of way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-aid Project Agreement is executed, the Recipient will repay to the DOT an amount equal to the amount of Federal funds made available for such engineering. 15. The Recipient shall forward aFederal-aid Project Development Certification and final PS&E to the DOT. Following FHWA's authorization, the DOT will advertise the project for letting and furnish the Recipient with a sample letting package. As a condition for the DOT to let the project, the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 384.102. 16. Procurement procedures shall be as follows unless some other method is considered to be cost effective (such as the use of Recipient local forces), is proposed by the Recipient, and is approved by the DOT. A. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more (in aggregate) than $25,000 for cities and $50,000 for counties. If small purchase procedures are used, price or rate quotations will be obtained from an adequate number of qualified sources. B. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed-price (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. C. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either affixed-price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. D. Procurement by non-competitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. Procurement bynon-competitive proposals maybe used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and one of the circumstances noted in Title 49 Code of Federal Regulations -Part 18.36 Procurement. The Recipient shall notify the DOT of the procurement method it intends to use. If procurement method "C" or "D" above is selected, the Recipient shall include justification for its selection and obtain approval from the DOT. 17. For contracts let to sealed bid, the letting shall be conducted by the DOT's Office of Contracts unless specifically requested and approved otherwise by the parties hereto. 18. If portions of the project are let to sealed bid by the Recipient, the Recipient shall advertise for bidders ten working days before the letting, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after the letting. If the Recipient is not a political subdivision of the State of Iowa, the Recipient shall comply with the applicable laws, administrative rules and procedures for public purchasing and contracting as applicable to political subdivisions of the State of Iowa. 19. When let by the DOT, the DOT will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DOT will mail three (3) originals of the unexecuted contract(s) to the Recipient. 20. The Recipient shall take action to award the contract or reject all bids. Following award of the contract and signature by the lowest responsive bidder, the Recipient shall forward to the DOT two (2) copies of the fully executed contract, two (2) copies of the performance bond and two (2) copies of the certificate of insurance. 21. If Federal-aid is requested for force account construction, the Recipient will follow the procedure outlined by the DOT. 22. The Recipient shall assure compliance with Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1601, section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and Title 49 Code of Federal Regulations -Parts 660 and 661 regarding "Buy America" provisions on the procurement of foreign products and materials. 23. The Recipient shall assure that all contracts entered in furtherance of this project shall contain the following provisions: a. Contain notice of awarding agency requirements and regulations pertaining to reporting. b. Contain a provision allowing access by the DOT, the Federal Highway Administration, the Comptroller General of the United States, or any of their duly authorized representatives to any records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts and transcriptions. Contain a provision requiring retention of all required records for three years after the contracting agency makes final payments and all other pending matters are closed. d. Contain mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). All contracts for construction or repair shall require compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). f. If the project is within aFederal-aid highway right of way and is in excess of $2,000, the contract shall require compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). g. Construction contracts in excess of $2,000 and other contracts in excess of $2,500 which involve the employment of mechanics or laborers, shall require compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR part 5). h. If the contract is for more that $10,000, it shall provide for termination for cause and for convenience by the contracting agency, including the manner by which it will be effected and the basis for settlement. i. Construction contracts in excess of $10,000 shall require compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity" as amended by Executive order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). j. If the contract is for more than $100,000, it shall contain administrative, contractual or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. It also requires compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 24. The DOT will prepare the Federal-aid Project Agreement and submit it for FHWA approval and obligation of Federal-aid funds. 25. If the project right of way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-aid project agreement is executed, the Recipient will repay the sum or sums of Federal funds in the right of way to the DOT. 26. If this agreement is to fund the Historical Preservation of a structure, the Recipient shall preserve the architectural, historical and cultural integrity of the structure by maintaining and repairing the property in compliance with "The Secretary of the Interior's Standards for Rehabilitating Historical Buildings". No alterations shall be made to the existing structure without first obtaining the written consent of the State Historical Society of Iowa (State Historic Preservation Officer). 27. If the Recipient, within the next twenty (20) years after project completion, decides to sell the structure to a private party, or it is now under private ownership, the Recipient shall: A. Execute a recordable document for preserving the historical and architectural integrity for twenty (20) years from the date of receipt of public funds; or B. Repay the State of Iowa all the funds received by the Recipient. 28. If the Recipient elects to levy special assessments as a means of raising the local share of the total project costs, the Recipient shall reimburse the DOT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code Chapter 384. The Recipient agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the Recipient) from special assessments levied for this project exceed the local share of the total project costs, the Recipient shall refund to the DOT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of excess) within sixty (60) days of the receipt of any special assessment payments. The Recipient shall notify the DOT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment, and notify the DOT when all special assessments have been satisfied. The DOT shall credit reimbursement billings to the FHWA in the amount of refunds received from the Recipient. Iowa Department of Transportation Agreement for a Transportation Enhancement Program Project PROJECT NAME: Court Hill Trail RECIPIENT: City of Iowa City PROJECT NJ(JMBER: STP-E-3715(635)-8V-52 IOWA DOT AfiGREEMENT NUMBER: 07-STPE-125 This is an agreement between the City of }~owa City (hereinafter referred to as Recipient) and the Iowa Department of T~`ansportation (hereinafter referred to as the DOT). Iowa Code Sections 306A.~` and 307.44 provide for the Recipient and the DOT to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with Federal funds. The Recipient proposes a Transpgrtatior~r Enhancement (TE) project for funding under Sec. 133(b)(8) and Sec. 1Q1(a~35) of Title 23, United States Code. The Transportation Equity Act fo'~ the 21St Century (TEA-21 ), enacted in 1998, reestablished the Surface Trans ortation Program (STP). Federal regulations provide that STP funds for the program are to be administered by the DOT. The Office of Management and Budget (OMB) Circular A-133 requires the Recipient to report the Cat og of Federal Domestic Assistance (CFDA) number and title on alt Federal-Ai projects. The``i2ecipient will use CFDA #20.205 and title, "Highway Planning nd Construction" #or this project. This information should be reported in "T Schedule of Expenditures of Federal Awards". Pursuant to the terms of this agreement, applicable statutes, administrative rules, and program ng by the DOT and the Johnson County Council of Governments, the T agrees to provide funding to the Recipient for the authorized and a proved costs for eligible items associated with the development of th Court Hill Trail. In consideration of the foregoing and the mutual promises contained in this agreement, the arties agree as follows: '.;, 1. The R cipient shall be the lead organization for arrying out the provis' ns of this agreement. 2. All notices required under this agreement shall be made in writing to the DOTS and/or the Recipient's contact person. The DOT's contact person shall be Yvonne Diller, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010; telephone 515-239-1252; email yvonne.dillerC~dot.iowa.~ov. The Recipient's contact person shall be Ron Knoche, City Engineer, 410 East Washington Street, Iowa City, IA 52240- 1826. -~ 3. The Recipient shat be responsible for the development and completion of the following des ribed project: Construct approximat ly 1 mile of 10 foot wide p `ed pedestrian trail from Court Hill Park to reekside Park along the S th Branch of Ralston Creek including the rem vat and replacement o an existing pedestrian bridge in Iowa City at a to al estimated cost of 51,934. 4. Eligible project costs for he project de~ribed in Section 3 of this agreement, listed above, w ich are incur~'ed after the date of Federal Highway Administration auth ization sh~l be paid as follows: TE Funds (Grant): ~~ $305,676 (41 %) Local Contribution: ~ 446,258 Project Total: $751,934 5. The local contribution state ab ve may include cash or non-cash contributions to the project. he R cipient shall certify to the DOT the value of any non-cash con ribution to the project prior to it being incurred. For right of wa contributi ns, the recipient shall submit an appraisal from a qualified ndependent ppraiser. The DOT reserves the right to review the Reci ent's certificat of value and has sole authority to determine the valu of the Recipient' non-cash contribution for the purposes of this agre ent. If, as a resin of the DOTS determination, the Recipient's total ash and non-cash cont ibution is below that stated in the terms oft s agreement, the Recipi nt shall increase its cash contribution in or er to complete the Recipi is local contribution, or the grant and/ r loan amount associated wi this project shall be reduced accor ngly. 6. The portion of total project costs paid by grant hall not exceed the amount st ed above ($305,676) or 80 percent of a total cost of the eligible i ms, whichever is the smaller amount. An cost overruns shall be paid olely by the applicant. 7. Proj t activities or costs eligible for funding include only those items set out in Exhibit A which is attached hereto and b this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include but are not limited to those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate finds or discontinuance or material alteration of the program for which fund`sE were provided, the DOT~~`shall have the right to terminate this contract 'without penalty by giving not less than ninety (90) days written notice. ~: 10. The DOT reserves the right, to delay rei bursement of funds to the Recipient if necessary to maintain a positi a cash flow. If such a delay is necessary and lasts more than five wor 'ng days, the DOT shall so notify the Recipient in writing and shall,., give a Recipient an estimate of when reimbursement might be expected. he DOT shall establish a system to equitably make reimbursements to'~, ll Recipients so affected. 11. The Recipient shall submit to th DO , no later than 30 days subsequent 'to the Recipient's signature date n this agreement, a timetable outlining the project schedul .Failure o do so by the Recipient may be considered a default under is a~reeme t. 12. The Recipient must have et the contract r construction started within two years of the date his project is appr ved by DOT. Approval was granted by the DOT o May 30, 2007. If the ecipient does not do this, they will be in fault for which the T can revoke funding commitments. Th' agreement may be exten d for periods up to six months upon rec ipt of a written request from the Recipient at least sixty (60) days p for to the deadline. 13. This agreem twill become null and void if the oject described in Section 3 ops out of the Johnson County Counci of Governments' current T nsportation Improvement Program (TIP) r the approved current T Statewide Transportation Improvement Pro ram (STIP) prior to auth rization of Federal funds. 14. If a part of this agreement is found to be void and unen orceable, the re aining provisions of this agreement shall remain in effe 15. It is the intent of both parties that no third party ben ficiaries be created by this agreement. 16. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 17. This agreement is not assignable without the prior written consent of the DOT. 18. If the project described in Section 3 of this agreement crosses a DOT primary road, then: r% A. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the DOT shall prepare detailed legal descriptigns and plats. The general configuration of the right of way Ito be conveyed shall be agreed to by the Recipient and the DOT,~rior to the survey. B. The Recipient shall submit six opies of plans for all primary road system crossings to the' D contact person for review and approval by the District Offices for necessary permits, Offices of Road Design and Maintena with regard to crossing design and location, signing, fencing sa ty, maintenance, compliance with access control policy, et . Sai approval shall be obtained before the Recipient proceeds ith th construction of any primary road system crossing. C. The use of primary h' hway right o way for this project's purpose shall be subject to ny rights enjoy by any existing utility lines presently within t right of way. I excavation of a utility line over which this roject has been pl ced is necessary for any reason, the utili y shall be responsible for proper backfilling of said excavation to ground level. a Recipient shall be responsible forfany necessary resurfacing restoration. D. The use of primary highway right of w for this project's purposes sh ll be subject to any future plan for reconstruction, improvem t, maintenance, and/or relocatio of the highway by the DOT. Any relocation of this project necess ry because of said plans sh ~l be at the expense of the Recipient, all at no cost to the D0~ 19. The Recipient shall acquire the project right of way, w ether by lease, easement ~or fee title and shall provide relocation assi tance benefits and payments in accordance with the procedures set forth in the DOT's Right of Way manual. The Recipient shall contact the DOT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in the right of way purchase are involved. The Recipient will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal-aid participation for right of way acquisition, the Recipient will need to get environmental concurrence and Federal Highway Administration (FHWA) authorization before purchasing any needed right o way. 20. The Recipient shall comply with the Policy for ~commodating Utilities on City and County Federal:;aid Highways Right o~Way and the Policy for Accommodating Utilities ort,, Primary Road systfiem when on the DOTs right of way. Certain util~y relocation, alteration, adjustment, or removal costs to the Recipi~t for the prq, ject may be eligible for Federal-aid reimbursement irk accordance with the .FHWA rules applicable to the type of utility involved anc~lowa Code Chapter 306A. 21. The Recipient shall be responsible ~~r obt ~ning any permits, such as the Right to Occupy and/or Perform Work Wi in the Right of Way, Permit of Access, Utility Accommodation, Right o Install and Maintain Traffic Control Devices, and/or other const ction permits required for the project prior to the start of constructs In addition, the Recipient shall cer~fy to the DOTS contact person that all known required environmental ermits ave been received and that all environmental regulations hav been co plied with before funds are reimbursed or credited. Neither the approval of the project applicat n for funding nor the signing of this agreement sh l be construed as a proval of any required permit from DOT. 22. Traffic control devices, igning, or pavement mark gs installed within the limits of this proje shall conform to the "Manual on Uniform Traffic Control Devices for S eets and Highways" per 761 to a Administrative Code Chapter (IAC)~130. The safety of the genera public shall be assured through th~'use of proper protective measures nd devices such as fences, barrici~des, signs, flood lighting, and wa Wing lights as necessary. 23. In the event that right of way is required for the project said right of way will be acquired in accordance with 761 IAC Chap er 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 24. The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications aid other agreement documents to the DOT for review. This submittal ma be in divisions and in the order of preference as determined by the ecipient. However, the plans, specifications and other agreement ocuments for each division must be submitted at least thirty (30) da s prior to the project letting of each division. The DOT shall re iew said submittal(s) recognizing the Recipient's development sch dine and shall, after satisfactory review, authori'~e in writing the R cipient to proceed with implementation of the proje'gt. The work o this project shall be in accordance with the survey, '~~plans, and sp~'cifications on file. Any modification of these plans andi~specificatiorls must be approved by the DOT prior to the modification beir~,g put intq~effect. 25. The Recipient shall be responsibl fob' the daily inspection of the project. For projects let to contract, t Recipient shall compile a daily log of materials and quantities. Fo,'' projects constructed with local forces, the Recipient shall compile a`~d ily log of materials, equipment and labor on the project. The DOTs~ese es the right to inspect project activities and to audit claims for funding eimbursement. The purpose of the inspection or audit is to determine ubstantial compliance with the terms of this agreement. ~' 26. The Recipient shall maintain ,ill books, docum nts, papers, accounting records, reports and other evidence pertaining costs incurred for the project. The Recipient shl also make such ma erials available at all reasonable times during the construction period an for three years from the date of final reimbursement, for inspection by the DOT, FHWA, or any authorized represen atives of the Federal Bove ment. Copies of said materials shall be f rnished by the Recipient if re ested. 27. The Recipient may bmit to the DOT periodic item ed claims for reimbursement for igible project costs. Reimburseme t claims shall include certificati that all eligible project costs for which reimbursement is requested, have been completed i substantial compliance with tie terms of this agreement. 28. The DOT shall eimburse the Recipient for properly docu~nted and certified claim for eligible project activity costs less a retain ge of not more than te„ percent, either by state warrant, or by crediting other accounts from which payment may have been made initially. If, upon audits of contracts, the DOT determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the DOT. 29. Upon completion of the project described in this agreement, a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition, prior to final reimbursement :'for the project the Recipient shall furnish three sets of "as-built" plans of the project to the DOT. ,` Final reimbursem~ t of funds, including r`retainage, shall be made only after the DOT acce~s the project as corr~plete. 30. If, in the opinion of~,the Recipient j` the specific provisions of this agreement requiring tho; services of professional engineer, architect and or landscape architect (whiche er applies), licensed to practice in the State of Iowa, prove to'',be b~ not in the public interesir, ar provisions of this agreement ca endangering public safety, `'~ provisions be waived on all or 'R the Recipient. Such reque t s contact person who shall, ,after necessary, make the final eterr nsome to the Recipient or otherwise if the Recipient decides that the be otherwise complied with without Recipient may request that said ific parts of the project identified by ll be made in writing to the DOTS ~nsultation with other DOT staff, as ~tion concerning said waiver. If said waiver is granted, all pro isions of t is agreement requiring the services of a professional eng' eer, archi ct and or landscape architect (whichever applies), li~nsed to practice in the State of Iowa, shall be performed by the Reci Tent's contact pe son or designee. 31. The Recipient agree to indemnify, defe and hold the DOT harmless from any action or liability arising out f the design, construction, maintenance, plat ent of traffic control vices, inspection or use of this project. Thi agreement to indemnify, efend and hold harmless applies to all as ects of the DOTs applicat n review and approval process, plan and construction reviews and funds g participation. 32. This agreement imay be declared to be in default y the DOT if the DOT determines that the Recipient's application fo funding contained inaccuracies, ,omissions, errors or misrepresentati ns; or if the DOT determines that the project is not developed as described in the application. 33. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty ( )days written notice to the Recipient by certified mail return receip requested, to declare any part or all of this agreement in default. The recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or a notice of continued default. 34. In the event a default is not cured the DOT may revoke funding commitments anti/or seek repayment of funds loaned or granted by this agreement. By sighing this agreement the Recipient agrees to repay said funding if they are ftiqund to be in default. Repayme t methods must be approved by the D0~ Commission and may inclu a cash repayment, installment repayments;,with negotiable interest r tes, charges against the Recipient's share of~ road use tax funds, r other methods as approved by the Commissiop. 35. In case of dispute concernin the terms of th' agreement, the parties shall submit the matter to a bitration pur ant to IAC 679A (2003). Either party has the right to su it the ma ter to arbitration after ten (10) days notice to the other pa y of th r intent to seek arbitration. The written notice must include prec' a statement of the disputed question. DOT and the Recipient a e to be bound by the decision of the appointed arbitrator. Neither pa may seek any remedy with the state or federal courts absent exhaus of the provisions of this section for arbitration. 36. The Recipient shall maintain, or ause to b maintained for the intended public use, the improvement r twenty (20 years from the completion date in a manner acceptabl to the DOT. elute to comply with this provision may be considere a default of this a Bement. 37. The Recipient shall co ly with all provisions of he equal employment opportunity require nts prohibiting discrimin tion and requiring affirmative action t assure equal employment op rtunity as required by the IAC 216 (20 3). No person shall, on the gr nds of age, race, creed, sex, color national origin, religion, or disab'lity, be excluded from participate n in, be denied the benefits of, r be otherwise subjected to di crimination under any program or activ y for which the .Recipient rec ves state funds from the DOT. 38. The Reci ent shall conduct the project Bevel pment and implemen tion in compliance with applicable laws, or finances and administr tive rules. For portions of the project let o bid, the Recipien shall advertise for bidders, make a good faith eff t to get at least three bidders and hold a public letting for the project k. Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five (5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. Additionally, for projects where Federal highway funds or Federal non- highway funds are used to match the project, the Recipient shall also follow all administrative and contracting prgcedures which would normally be used whdn such funds are used. Th Recipient shall comply with all requirements f+pr use of said funds as out~ined in Exhibit C. 39. The Recipient shall include in their Notice t Bidders that Sales Tax Exemption Certificates wil be issued, as pr vided for by Iowa Code section 423.3, subsection 8 The Recipie t shall be responsible for obtaining the sales tax ex mption cert' icates through the Iowa Department of Revenue and certificates to the successful them to purchase qualifying rr 40. This agreement as set forth in sec referenced exhibits, constitutes the and the Recipient concerning this pr the signing of this agreement are relied upon conflicting representa Any change or alteration to the to the form of an addendum to is become effective only upon wri en Th Recipient shall issue these and ny subcontractors to enable for he project free of sales tax. tip 1 through 40 herein, including e tire agreement between the DOT est. Representations made before of `Y~inding, and neither party has ons in~~,entering into this agreement. ms of this agreement must be made in agreeri~nt. Said addendum shall approval'~f the DOT and Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 07-STPE-125 as of the date shown opposite its signature below. RECIPIENT: City of Iowa City gy; ~ Date: , 2007 Title: IOWA DEPARTMENT OF TRANSPORTA' Planning, Programming and Modal Di 800 Lincoln Way, Ames, Iowa 50010 gy; Date , 2007 Stuart P. Anderson Director Office of Systems Planni Exhibit A Project activities or costs eligible for Transportation Enhancement funding assistance include: a. Land acquisition, inclu ing appraisal and negotiation. Land maybe acquired by lease, easement or fee tit b. Construction of the project. c. Design engineering and construct n mspec ion directly associated with the project. Exhibit B Project activities or costs ineligible for Transportation E jancement funding assistance include: a. Any and all costs incurred prior to the execution~f an agreement and written receipt of federal concurrence in environmental earance for a project. b. Routine maintenance of a project. c. Overhead and operating costs - sigh as audit' g, legal and administrative costs - associated with the project. '~ d. Expenses associated with the submission of a project application. e. Utility costs not necessitated by the prof f. Purchase of office furnishings or property. ion equipment or personal Exhibit C Standard Provisions for use of Federal-Aid 1. Since this project is to be financed in part with local and Federal funds, the Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, sub-recipients and contractors, no persoYZ,in the United States shall be excluded from participation in, be den~ed the benefits of, or be otherwise subjected to discrimination on the gro~nds of race, color,/national origin, sex, age, or handicap/disability. While o specific commitment or numeric goal has been established for this prod ct, the Recipient is encouraged in accordance with Title 49, Cod of FederaY Regulations -Part 26 (49 CFR 26), to make a good faith effort ensure`Fthat disadvantaged business enterprises have the maximum op ortur~ity to compete for and perform contracts. f 2. The Recipient must receive notice of FH1~V authorization from the DOT before beginning any work for which federa -aid reimbursement will be requested. The cost of work, occurrigg prior o securing FHWA authorization, will not be reimbursed' with fed al-aid funds. The Recipient must contact the DOT to obtain the ,procedures ecessary to secure FHWA authorization. 3. The Recipient shall take the appropriate actions and pr are the necessary documents to fulfill the FHWA requirements for project nvironmental studies including historical/cultural reviews and location/design a proval. The Recipient shall complete any mitigation agreed upon in the FHWA a royal document. If farmland is to be acquired, whether for use as project right o way or permanent easement, the Recipient shall submit the U.S. Department of 'culture Farmland Conversion Impact Rating form, when required, to th U.S. Natural Resources Conservation Service (MRCS). 4. The Recipient shall certify 1'o the DOT's contact person that all kno required environmental permits hake been received and that all environmenta regulations have been complied with;~efore funds are reimbursed or credited. ;' 5. The Recipient shall obtain agreements, as needed, from railroad and uti 'ty companies and shall obtain project permits and approvals, when necessa ,from the Iowa Department of Cultural Affairs (State Historical Society of Iow • State Historic Preservation Officer), Iowa Department of Natural Resources, U. .Coast Guard, U.S. Army Corps of Engineers and the DOT, etc. 6. General requirements and covenants (Division 11) of the DOT's standard specifications shall apply to all projects let at the DOT. 7. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review and authorization to let the project. 8. The project shall'be constructed under the DOT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the Rec~ient for individual construction items shall be approved by the DOT. 9. The Recipient shall compl~,,with the procedures and responsibilities for materials testing and construction inspection according to the DOT's Instructional Memorandums (LM.'s). The I~OT will bill the Recj~ient for testing services according to its normal policy. '`~, j' 10. If Federal-aid is requested for in-ho''ttse enginee ng services, the Recipient will follow the procedure outlined by the I?OT. T Recipient, desiring to claim indirect costs under Federal awards, m~st pr are an indirect cost rate proposal and related documentation in accordance w' h the requirements of Office of Management and Budget (OMB) Circular -87 -Cost Principles for State, Local, and Indian Tribal Governments. Reimb s~nent eligibility requires an indirect cost rate proposal to be certified by the over ental unit designated cognizant agency or the Federal agency providi the la est amount of Federal funds to the governmental unit. 11. If Federal-aid is requested for prel' inary and/or c struction engineering costs, the Recipient will select a consul t(s) in accordant with the DOT's consultant selection process. 12. The Recipient and the Consul t shall prepare a consulta t contract for engineering services in acco ante with Title 23, Code of deral Regulations, Part 172 -Administration Negotiated Contracts (23 CFR 72). This is required only if the Recip' nt uses federal funds 'for engineers services. 13. After the contents of th consultant contract have been mutually proved, the Recipient shall execut the contract and forward the same to the D T for authorization only if ederal funds are used for engineering services. 14. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right of way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-aid Project Agreement is executed, the Recipient will repay to the DOT an amount equal to the amount of Federal funds made available for such engineering. 15. The Recipient shall forward aFederal-aid Project Development Certification and final PS&E to the DOT. Following FHWA's authorization, the DOT will advertise the project for letting and furnish the Recipient with a sample letting package. As a condition for the DOT to let the project, the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 38~':~02. 16. Procurement pr edures shall be as follows unless some other method is considered to be c st effective (such as the use of Recipient local forces), is proposed by the Re 'Tent, and is approved b the DOT. A. Procurement b small purchase pro edures. Small purchase procedures are those relativ y simple and info al procurement methods for securing services, supplies, r other property that do not cost more (in aggregate) than $25,000 for ci ' sand $50,00 for counties. If small purchase procedures are used, rice or rate uotations will be obtained from an adequate number of qu lifted so rces. B. Procurement by sealed bi s (f rural advertising). Bids are publicly solicited and a firm fixed-p 'c (lump sum or unit price) is awarded to the responsible bidder whose bi conforming with all the material terms and conditions of the invitation or ids, is the lowest in price. C. Procurement by competi ve pro osals. The technique of competitive proposals is normally c ducted w'th more than one source submitting an offer, and either a fixe -price or cos reimbursement type contract is awarded. It is gener y used when c ditions are not appropriate for the use of sealed bids. D. Procurement by on-competitive propos is is procurement through solicitation of proposal from only one so ce, or after solicitation of a number of so ces, competition is determine inadequate. Procurement by non-com titive proposals maybe used o when the award of a contract is ' feasible under small purchase pro edures, sealed bids, or competiti a proposals and one of the circumstan es noted in Title 49 Code of Feder, Regulations -Part 18.36 Procurement. The Recipient shall notify the DOT of the procurement method it intends to use. If procurement method "C" or "D" above is selected, the Recipient shall include justification for its selection and obtain approval from the DOT. 17. For contracts let to sealed bid, the letting shall be conducted by the DOT's Office of Contracts unless specifically requested and approved otherwise by the parties hereto. 18. If portions of the project are let to sealed bid by the Recipient, the Recipient shall advertise for bidders ten working days before the letting, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after the letting. If the Recipient is not a political subdivision of the State of Iowa, the Recipient shall comply with the applicable laws, administr tive rules and procedures for public purchasing and contracting as applicable o political subdivisions of the State of Iowa. 19. When let by th DOT, the DOT will prepare an Iowa DOT Staff Action for concurrence to a and the contract. The DOT will mail three (3) originals of the unexecuted contra s) to the Recipient. 20. The Recipient shall tak action to award t e contract or reject all bids. Following award of the contract an ignature by th lowest responsive bidder, the Recipient shall forward to the DOT (2) copies f the fully executed contract, two (2) copies of the performance bo and two )copies of the certificate of insurance. 21. If Federal-aid is requested for for e acc t construction, the Recipient will follow the procedure outlined by th D T. 22. The Recipient shall assure complian a ith Section 165 of the Surface Transportation Assistance Act of 1 2, U.S.C. 1601, section 337 of the Surface Transportation and Unifo Relo tion Assistance Act of 1987, and Title 49 Code of Federal Regulations Parts 660 nd 661 regarding "Buy America" provisions on the procurement f foreign pro cts and materials. 23. The Recipient shall assure t tall contracts ente din furtherance of this project shall contain the following rovisions: a. Contain notice o~awarding agency requireme sand regulations pertaining to re~6orting. b. Contain a pr~ision allowing access by the DOT, t e Federal Highway Administration, the Comptroller General of the Unit d States, or any of their duly authorized representatives to any records o the contractor which are directly pertinent to that specific contract fo the purpose of making audit, examination, excerpts and transcriptions. c. Contain a provision requiring retention of all required records for three years after the contracting agency makes final payments and all other pending matters are closed. d. Contain mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). e. All contracts for construction or repair shall require compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). f; If the project is within aFederal-aid highway right of way and is in excess of $2,000 e contract shall require compliance with the Davis-Bacon Act (40 U.S.C. 2 a to 276a-7) as supplemented, by Department of Labor regulations (2 FR part 5). / g. Construction contr cts in excess of $2,00 and other contracts in excess of $2,500 which involy the employment o mechanics or laborers, shall require compliance wi Sections 103 a d 107 of the Contract Work Hours and Safety Standa ds Act (40 U. .C. 327-330) as supplemented by Department of Labor Re ations (29 FR part 5). h. If the contract is for more that 10, 0, it shall provide for termination for cause and for convenience by t ntracting agency, including the manner by which it will be effec d and the basis for settlement. Construction contracts in exce s of 0,000 shall require compliance with Executive Order 11246 of Se tember 4, 1965, entitled "Equal Employment Opportunity" amended Executive order 11375 of October 13, 1967, and ass pplemented in eparhnent of Labor regulations (41 CFR cha er 60). If the contract is form re than $100,000, it sha contain administrative, contractual or legal r medies in instances where ontractors violate or breach contract to s, and provide for such sancti sand penalties as may be appropriate. It also requires ompliance with all applicable standar ,orders, or requirements i sued under section 306 of the Clean Air ct (42 U.S.C. 1857(h)), sec on 508 of the Clean Water Act (33 U.S.C. 368), Executive Order 1173 ,and Environmental Protection Agency regula ions (40 CFR part 15). 24. The DOT will p~epare the Federal-aid Project Agreement and submit it for FHWA approval and obligation of Federal-aid funds. 25. If the project right of way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-aid project agreement is executed, the Recipient will repay the sum or sums of Federal funds in the right of way to the DOT. 26. If this agreement is to fund the Historical Preservation of a structure, the Recipient shall preserve the architectural, historical and cultural integrity of the structure by maintaining and repairing the property in compliance with "The Secretary of the Interior's Standards for Rehabilitating Historical Buildings". No alterations shall be made to the existing structure without. first obtaining the written consent of the State Historical Society of Iowa (Mate Historic Preservation Officer). 27. If the Recipient, within the next twe ty (20) years aer project completion, decides to sell the structure to a priva party, or it snow under private ownership, the Recipient shall: A. Execute a recordable document pres ing the historical and architectural integrity for twenty ( ) ars from the date of receipt of public funds; or B. Repay the State of Iowa all the fun ceived by the Recipient. 28. If the Recipient elects to levy special as ssment as a means of raising the local share of the total project costs, the Re 'pient shall eimburse the DOT in the amount that payments of Federal-aid nd collection of special assessments, excluding interest and penalties, ex eed the total cost f the public improvement as established by the provisions o owa Code Chapter 84. The Recipient agrees that at such time as its collectio (exclusive of interest d penalties which shall be retained by the Recipient) m special assessments le 'ed for this project exceed the local share of the tal project costs, the Recipie t shall refund to the DOT all funds collected in cess of the total project costs (i cluding interest and penalties associated with a amount of excess) within sixty ( )days of the receipt of any special as ssment payments. The Recipient sha notify the DOT when any lands specia y assessed no longer qualify for an agricu tural deferment of the special assess nt, and notify the DOT when all special assessments have been satisfied. The OT shall credit reimbursement billings to the FHWA in the amount of refunds eceived from the Recipient. i' t' Prepared by: Terry Trueblood, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 07-3os RESOLUTION NAMING THE SMALL DOG SECTION WITHIN THE THORNBERRY OFF-LEASH DOG PARK THE "CINDER TIRE SERVICE SMALL DOG YARD." X23 WHEREAS, the Iowa City Parks and Recreation Department and the Johnson County Dog Park Action Committee (DogPAC) have cooperatively worked toward the development of the Thornberry Off-Leash Dog Park; and WHEREAS, DogPac continues to lead fund raising efforts to assist with continued improvements to the facility; and WHEREAS, Linder Tire Service has donated $10,000 towards this effort; and WHEREAS, the DogPAC Board of Directors has requested that the small dog section of the park be named "Linder Tire Service Small Dog Yard" to appropriately recognize this contributor; and WHEREAS, two other sections of the dog park have previously been named to recognize contributors of the same amount; and WHEREAS, the Iowa City Parks and Recreation Commission, as voted upon at their meeting of October 10, 2007, unanimously supports this name. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The small dog section within the Thornberry Off-Leash Dog Park be named "Linder Tire Service Small Dog Yard." Passed and approved this 16th day of October , 2007. MAYOR ATTEST: CIT LERK Appro d by ~~ City Attorney's Office ~~ ~~/~~ Wpdata/pr/res/li nderdogpark. doc Resolution No. n~-~n~ Page 2 It was moved by C:hamni nn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ~- x x -~ x -~ Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M-~` 24 Prepared by: Terry Trueblood, Parks & Rec., 410 E. Washington, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. n~-~nq RESOLUTION NAMING A NEW NEIGHBORHOOD PARK "FRAUENHOLTZ-MILLER PARK" WHEREAS, the City owns approximately 3 acres of new parkland located on Lower West Branch Road, and legally described as Johnson County Auditor's Parcel 2007075 ;and WHEREAS, this parkland will be developed as a neighborhood park/square; and WHEREAS, part of this property was donated by the Frauenholtz/Millertamily; and WHEREAS, the Parks and Recreation Commission recommends that this park be named "Frauenholtz- Miller Park," in accordance with the family's wishes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The name of said tract of land be named "Frauenholtz-Miller Park." Passed and approved this 16th day of October , 2007. MAYOR ATTEST: ltia~~ ~~ CI -CLERK App ved by City Attorney's Office ~~/f~w~ It was moved by 0' Donnell and seconded by Vanderh~Pf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion _~_ Correia _~ Elliott g O'Donnell x Vanderhoef x Wilburn r n { \/ t-+-~! u Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-4159 RESOLUTION NO. 07-310 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT. 6 25 WHEREAS, Tschiggfrie Excavating Co. of Dubuque, Iowa has submitted the lowest responsible bid of $462,507.55 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Tschiggfrie Excavating Co., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 16th day of October , 20 07 MAYO R ATTEST: (Q~t-e'~i~ ~• ~y" CIT CLERK Appro fa ed by ~~ ~ C y Attorney's Office, v~ v d 7 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: X x x X `~ x x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng\res/oldhwy218ext - awrdcon.doc 10/07 r~ ~z_ '3 NOTICE TO BIDDERS OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT Sealed proposals will be received by the City Clerk of the Cit~r of Iowa City, Iowa, until 10:00 A.M. on the 10 day of October, 2007, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16th day of October, 2007, or at such later time and place as may be scheduled. The Project will involve the following: Install approximately 7,000 LF of 12" DIP water main, jack and bore under the CRANDIC railroad, directional bore 320 LF of 12" DIP water main, remove and replace 1,600 SF of PCC pavement, remove and replace 670 SF of HMA pavement, place 240 tons of Class A road stone, install 2,500 LF of erosion socks, and other associated work. All work is to be done in strict compliance with the plans and specifications prepared by City of Iowa City Engineering Division, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred AF-1 percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: December 21, 2007 Liquidated Damages: $250 per day The plans, specifications and proposed contract documents may be examiried at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Iowa City Engineering Division Office in Iowa City, Iowa, by bona fide bidders. A $40.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 ~6 c~ M~~ Prepared by: Marian Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240; 319-356-5041 RESOLUTION NO. 07-311 CONSIDER RESOLUTION ESTABLISHING THE TASK FORCE TO ADDRESS VIOLENCE AGAINST WOMEN WHEREAS, on September 18, 2007, the City Council received a petition signed by 5000 citizens requesting the formulation of a task force to address the increase in sexual assaults, possible options for prevention, and provide education to Iowa City residents; and WHEREAS, as a response to overwhelming citizen concern regarding an increase in street attacks against women between September 2006 & September 2007; and in response to a 20% increase in rapes reported to the Rape Victim Advocacy Program, the City Council wishes to create atime-limited task force. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a 6 month task force to address violence against women be created with the following goals: ^ To decrease the incidence of violence against women -including sexual assault, other assaults - in Iowa City. ^ To promote accountability of perpetrators of violence against women. ^ To support efforts of members of the community -both men and women - to promote a community climate that does not tolerate violence against women. 2. That the objectives of the 6 month task force to address violence against women be established as follows: ^ To review current community responses to violence against women -including sexual assault, rape, and attempted sexual assault - in Iowa City. ^ To explore efforts to strengthen or expand current community responses. ^ To consider new options for prevention, education, and intervention to end violence against women. ^ To address specific suggestions from the Petition by University of Iowa Students to the Iowa City Council. 3. That the 6 month task force to address violence against women will be comprised of not more than twenty (20) individuals representing the following groups and/or agencies: Iowa City Police Department; Downtown Association; Englert Theatre; Chamber of Commerce; Johnson County Attorney's Office; University of Iowa Police Department; Rape Victim Advocacy Program; Women's Resource and Action Center; Johnson County Coalitions Against Domestic Violence; University of Iowa Student Government (UISG); Panhellenic Council; Interfraternity Council (IFC); City of Iowa City Neighborhood Services; Iowa City Transit; University Parent Association; Domestic Violence Intervention Program; University Counseling Service; and University of Iowa Council on the Status of Women. The task force shall be co-chaired by City Council Member Amy Correia and UISG Representative Abbie Volland. Resolution No. 07-31 > Page 2 4. That members of the 6 month task force to address violence against women shall within 6 months present specific recommendations to the City Council, and the wider community, that have the potential to reduce sexual assault and other assaults against women; and members shall serve until the City Council considers the recommendations forwarded by the task force. 5. All meetings of the task force shall be public meetings. Agendas shall be posted, and minutes shall be kept, in accordance with State law and City Council. Passed and approved this 16th day of octoher , 20 07 ATTEST:~?~~~ Cllit~ CITY-CLERK MAYOR Appro by ~~ A~ t ~' ~ t ~~ ' C~ ~~ City Attorney's Office It was moved by Correia and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Clerk/res/taskforcewomen. doc 2l0 Prepared by: Marian Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240; 319-356-5041 RESOLUTION NO. CONSIDER RESOL ION ESTABLISHING THE TASK FORCE TO ADDRESS VIOLENCE AGAIN~T WOMEN , WHEREAS, on September 18, 2007, the City Council received a etition signed by 5000 citizens requesting the form tion of a task force to address the incr ase in sexual assaults, possible options for prevention, and provide education to Iowa City resi nts; and WHEREAS, as a response to erwhelming citizen concern regard' g an increase in street attacks against women between S ptember 2006 & September 2007 and in response to a 20% increase in rapes reported to the F~ape Victim Advocacy Program, he City Council wishes to create atime-limited task force. NOW, THEREFORE, BE IT RESOLV'FD BY THE CITY COU~CIL OF THE CITY OF IOWA CITY, IOWA: \ / 1. That a 6 month task force to address is goals: ^ To decrease the incidence of violen assaults - in Iowa City. ^ To promote accountability of perpetr~ ^ To support efforts of members of the community climate that does not toles 2. 3 4 That the objectives of the 6 month tas established as follows: ^ To review current community res assault, rape, and attempted sexi ^ To explore efforts to strengthen ^ To consider new options for rE against women. ^ To address specific sugges~ons Iowa City Council ~,// nce against yeomen be created with the following against vybmen -including sexual assault, other of v' lence against women. nity -both men and women - to promote a ~'olence against women. rce to address violence against women be ~ghses o violence against women -including sexual I assau - in Iowa City. expand urrent community responses. rention, ducation, and intervention to end violence from the Pe~ition by University of Iowa Students to the That the 6 month task forge to address violence gainst women will be comprised of not more than twenty (20) individuals representing the ollowing groups and/or agencies: Iowa City Police Departmentr~Downtown Association; En lert Theatre; Chamber of Commerce; Johnson County Attorney's Office; University of I wa Police Department; Rape Victim Advocacy Program; ~1lVomen's Resource and Action Center; Johnson County Coalitions Against Domestic ~olence; University of Iowa Stude t Government (UISG); Panhellenic Council; City of Iowa City Neighborhood Services; to a City Transit; University Parent Association; Domestic Violence Intervention Program; University Counseling Service; and University of Iowa Council on the Status of Women. The task force shall be co-chaired by City Council I)llember Amy Correia and UISG Representative Abbie Volland. That membrers of the 6 month task force to address violence against women shall within 6 months present specific recommendations to the City Council, and the wider community, that have the potential to reduce sexual assault and other assaults against women; and members shall serve until the City Council considers the recommendations forwarded by the task force. Resolution No. Page 2 5. All meetings of the task force shall be public meetings. Agendas shall be posted, and minutes shall be kept, in accordance with State law and City Council. Passed and approved th~ day of \~ MAYO R ,, ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: 2007 ~~ -c`~?. fD ~ awl -U~ CEty Attorney's Office the Resolution be NAYS:\ / ABSENT: 4' / Bailey ~~~~. Champion ,' \ Correia ~- ~, Elliott ~- \ O'Donnell Vanderhoef Wilburn pweng\res/oldhwy218ext - awrdcon.doc 10/07 ~ ', r ~' ' Resolution No. Page 2 .:. 5. All meetings of a task force shall be public meetings. Agendas shat mini~tPS shall be ~.nt. in accordance with State law and City Council. ~,- ,~T' Bailey . Champion Correia Elliott .O'Donnell Vanderhoef Wilburn Clerk/res/taskforcewomen.doc It was moved by and seconded by ,-~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this` . day of , 2007 ~~ ......W....~......~-..::.. °~ ~U~ /,. M -~::; l Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-31 2 RESOLUTION APPROVING A PURCHASE AGREEMENT AND OPTION TO PURCHASE FOR THE CITY'S PURCHASE OF AN APPROXIMATELY 31.5 ACRE PARCEL OF THE 53.6 ACRES OF LAND KNOWN AS THE SHOWERS ADDITION ALONG THE IOWA RIVER WEST OF SAND LAKE AND AN OPTION TO PURCHASE THE REMAINDER OF SAID SHOWERS ADDITION. WHEREAS, the approximately 53.6 acres of land known as the Showers .Addition is located off of Gilbert Street on the Iowa River west of Sand Lake and is currently owned by the Clarence Hagen Revocable Trust; and WHEREAS, the attached proposed Offer to Purchase Real Estate provides for the acquisition of the unimproved 31.5 acre portion of said Showers Addition property and gives the City afive-year option to purchase the remainder of the property, or in the alternative, allows the property owner to compel the City to purchase the remainder property within three years in the event that it can provide the property to the City free of any leasehold interests; and WHEREAS, the purchase price of the 31.5 acre parcel of $10,841.00 per acre is based on a recent appraisal obtained by the City; and WHEREAS, said 31.5 acre parcel is contiguous to Sand Lake and will provide additional parkland with access to the river; and WHEREAS, the offer is contingent upon City Council Approval; and WHEREAS, it is in the best interests of the Citizens of Iowa City for the City to acquire said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached Offer to Purchase Real Estate and Acceptance /Option to Purchase attached hereto is approved by the City Council. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the purchase of the property pursuant to the purchase agreement as approved herein. Passed and approved this 16th day of Oc ~ 20 MAY R ATTEST: ~, CI ERK p oved b ~~-l~ a7 City Attorney's Office Resolution No. Page ~_ It was moved by Bai 1 e~ and seconded by adopted, and upon roll call there were: AYES: NAYS: ~_ x x x X Vanderhoef ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn • and Sale Agreement OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE/OPTION TO PURCHASE (PURCHASE AND SALE AGREEMENT) TO: Clarence Hagen Revocable Trust (hereinafter "Seller") The City of Iowa City, Iowa, a municipal corporation of the State of lows (herein "City"), hereby offers to buy all the Seller's right, title and interest in the real estate consisting of approximately 31.5 acres of Auditor's Parcel 95106, except Auditor's Parcel 97090, situated in Johnson County, Iowa, subject to final determination upon survey of the land, and legally described as follows: See attached Exhibit A identifying an approximate 29.9 acre parcel and an approximately 1.6 acre parcel (legal description to be approved by City Attorney following survey) together with all the Seller's right, title and interest in all Buildings and trnprovements, if any, located on the above-described real estate, and under any easement and servitudes for the benef"rf of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except far the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property" or "unimproved parcels". The Property shall be conveyed with good, clear, merchantable title, subject to the following "Permitted Exceptions": 1. Zoning and building laws and ordinances; 2. Covenants, restrictions, reservations and easements of record approved by City. In consideration of the covenants 'and obligations contained herein, the parties agree as follows: PURCHASE PRICE. City offers to purchase all of Sellers' rghf, title and interest in the Property for the purchase price of $10,841.00 per acre (the "Per Acre Purchase Price's paid as follows: payable in full at the time of closing and transfer of possession, all title objections being corrected to show marketable title. The final purchase price will be established and based upon a survey of the land performed at City expense, whereby the exact acreage being acquired will be determined. 2. SURVEY. City shall have a survey of the approximately 31.5 acres performed, which shall serve as the basis for establishing the actual acreage to be acquired. Said survey shall be of the unimproved parcels owned by the Clarence Hagen Revocable Trust West of Sand Lake and East of the Napoleon Lane, not including any and all land being sold by the Sellers for the McCollister Boulevard right-of-way extension and resultant easements, as generally represented on the map attached as Exhibit A and incorporated herein. 3. ABSTRACT AND TITLE. Seller shall promptly deliver.to the City for examination, an abstract of title for the Property, continued to a date subsequent to the date of this Offer, prepared pursuant to Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and lows Land Title Examination Standards of the Iowa State Bar Pwchase and Sale Agreement Page 2 Association. The abstract shall begin with the government patent to the Property and show merchantable title in Seller, subject only to Permitted Exceptions. The cost of the continuance of an existing abstract shall be paid by the Seller. The Seller shall pay all costs required to deliver marketable title to the Property and Seller shall pay the cost of any additional abstracting and/or title work due to acts or omissions of Seller, including transfers or death of Seller or assigns. The abstract shall become the property of the City when the Purchase Price is paid in full. 4. DOCUMENTS DELIVERED AT OR BEFORE CLOSING. A. At the time of closing and upon payment of the Purchase Price, Seller shall deliver the following to the City: 1) A Groundwater Hazard Statement with respect to the Property, as provided in Iowa Code Sec. 44$.69. 2} A Declaration of Value. 3) All other documents deemed reasonably necessary to satisfy the title objections of the City's Lega! Counsel pursuant to a title opinion. 4) A warranty deed fully executed. 5. POSSESSION AND CLOSING. Subject to the City's approval of title and both City's and Seller's timely performance of all obligations herein, closing shall be held on a date no later than the date 90 days after acceptance of this offer by Seller (the "Closing Date"). On and after the Closing Date and upon payment of the Purchase Price,. the City shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter, if any. 6. CONDITION OF THE PROPERTY. Buyer is purchasing the Real Estate and improvements thereon in their present condition with no warranties or representations from Seller regarding the condition of the property or improvements thereon. Prior to Closing, the City, at its expense, shall have the right to conduct such investigations, inspections and inventories of the Property as it deems reasonable or necessary prior to closing. The Seller hereby grants the City, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Offer for the purposes of investigating, inspecting and performing inventories of the Property and to determine if there are any structural, mechanical, plumbing, electrical, or environmental deficiencies, including hazardous materials, substances, conditions, or waste. City shall indemnify and hold harmless Seller from and against any and all expenses, claims, or losses arising from or in .connection with any activities of City, its officers, agents, employees, or contractors on the Property prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. City may notify Seller in writing of any such deficiency. Failure to do so shall be deemed a waiver of City's inspection and repair rights. In the event of any claim or demand by City. as a result of inspections, Seller shall declare and commence one of the following options: (a) making said items operational or functional or otherwise curing the deficiency, or (b) amending this agreement by giving City a credit for the cost of curing the deficiency, or {c) canceling this agreement. If prior to the Closing Date Seller does not promptly cure all such deficiencies in a manner mutually agreeable to the City and Seller, then City may declare this offer null and void. Purchase and Sale Agreement Page 3 7. INSURANCE. Seller shall maintain and keep in force and effect all existing property and liability insurance until the Closing Date and delivery of possession. 8. STATUS QUO MAINTAINED. The Property shall be preserved in its present condition and Seller shall deliver it intact at the time possession to the City is given. All risk of loss or damage to the Property is on Seller until the City takes possession. Prior to possession by the City, Seller shall promptly give written notice to the City of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the City shall have the option to terminate this Agreement effective immediately. However, in the case of Toss, damage or destruction of ail or part of the Property from causes covered by insurance, the City shall have the option to either: (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. City shall be permitted to make a walk through inspection of the property prior to possession and closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. 9. UTILITIES. The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by its tenants or other occupants, prier to the date of possession by the City, including without limitation of the foregoing sewer, solid waste and water charges which may be assessed for collection pursuant to Iowa Code Section 384.84. 10. TAXES. Seller shall pay apro-rata share of taxes on the Property (real and personal) for the fiscal year (July 1 -June 30} of Closing based on the Closing Date, and all unpaid taxes for prior years. The amount shalt be calculated based upon the assessed valuation, legislative tax rollback, and real estate tax exemptions that will actually be applicable to and used for the calculation of taxes payable in the fiscal year commenting July 1, 2007. If, at the. time of closing the tax rate is not certified, then the most current, certified tax rate shall be used. 11. REMEDIES OF THE PARTIES. In the event of default hereunder, City and Seller is entitled to utilize any and all remedies or actions of law or in equity available to them with respect to this agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 12. SPECIAL ASSESSMENTS. Seller shall pay in full all special assessments on the Property which have been certified to the Johnson County Treasurer for collection before the Closing Date. 13. TIME IS OF THE ESSENCE. Time is of the essence of this agreement. 14. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. ' 15. INTENTION OF USE OF WORDS AND PHRASES. Wards and phrases contained herein, including the acknowledgement clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. 16. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. Purchase and Sale Agreement Page 4 17. ACCEPTANCE OF OFFER. This Offer shall become null and void at the option of the City unless accepted by the Seller within three (3) days after its presentation to Seller. 18. OPTION TO PURCHASE IMPROVED LAND. A. The City shall have the exclusive option to purchase the remainder of Auditor's Parcel 95106 owned by Seller and not otherwise subject to this purchase agreement [hereinafter "Option Parcels"] within five (5) years from the date of acceptance of this Purchase Offer. Said Option Parcels are generally depicted on Exhibit A and subject to final survey at City expense. The City shall exercise this Option by giving written notice by certified or registered mail to the Seller or by hand delivering written notice to the Seller. B. If, within three (3) years from the date of acceptance of this Purchase Offer, the Seller demonstrates to the satisfaction of Buyer that the Option Parcels are unencumbered by all leasehold interests, Buyer shall purchase the Option Parcels. Buyer's determination that the Option Parcels are so unencumbered shall be in writing and sent by certified or registered mail to Seller or hand-delivered to Seller. C. Should the City acquire the Option Parcels under either paragraph 18(A) or 18(B), the purchase price shall be approximately $368,631 (the final purchase price shall be determined based upon the following formula: $710,129 less the final purchase price of the unimproved parcels that are subject to this Purchase Offer). D. ..Should the City acquire the Option Parcels under either paragraph 18(A) or 18(B), the parties agree that the terms (other than the price) of such acquisition shall be as set forth herein with closing to occur on a date no later than 90 days after the City's exercise of its Option under paragraph 18(A) or its determination by the City under paragraph 18(B) that the Option Parcels are unencumbered by any leasehold interests. 19. OTHER PROVISIONS. A. Seller warrants that the Property is free and clear of all leasehold interests. This warranty shall survive the closing of the transaction. B. City's obligations under this agreement shall be subject to formal approval of this agreement by the City Council C. The parties agree that this agreement represents the voluntary negotiation and purchase of both the Property and the Option Parcels, that there was never any threat of condemnation, and that the City would not acquire either property in the absence of a mutually satisfactory purchase agreement: This Offer is presented to the Seller on this ~S"~ D~~~lr , 2007. CITY OF IOWA CITY, IOWA BUYER BY Dale Helling, ^ e . tfi City M ager Purchase and Sale Agreement Page 5 Accepted this i_ ~ day of ~ 2007. CLARENCE HAGEN REVOCABLE 7RUS7, SELLER B: ' i ynn elanoit, T stee EXHIBIT A j,, i ~o ~~ ~~ PROPOSED BOUNDARY UNIMPROVED PARCELS a~ ~ Prepared by: Eleanor M. Dilkes,,City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319 356-5030 RESOLUTION NO. RESOLUTION APPR VING A PURCHASE AGREEMENT AND OPTION TO PURCHASE FOR THE ITY'S PURCHASE OF AN APPROXIMATELY 31.5~ACRE PARCEL OF THE 53.6 CRES OF LAND KNOWN AS THE SHOWERS~DITION ALONG THE IOWA RIVE EAST OF SAND LAKE AND AN OPTION TOP RCHASE THE REMAINDER OF SAID ROWERS ADDITION. /e' WHEREAS, the approximately 53.6 ac s of land known as the Showers Addition is located off of Gilbert Street on the Iowa River east of Sand aka and is currently owned by,:t{ie Clarence Hagen Revocable Trust; and ,,~~ WHEREAS, the attached proposed Offer Purchase Real E~ate provides for the acquisition of the unimproved 31.5 acre portion of said Show s Addition prop y and gives the City alive-year option to purchase the remainder of the property, or in a alternative Ilows the property owner to compel the City to purchase the remainder property within thre years in a event that it can provide the property to the City free of any leasehold interests; and WHEREAS, the purchase price of the 31.5 acr arcel of $10,841.00 per acre is based on a recent appraisal obtained by the City; and WHEREAS, said 31.5 acre parcel is contig ous to and Lake and will provide additional parkland with access to the river; and WHEREAS, the offer is contingent upo City Council Ap royal; and WHEREAS, it is in the best interes of the Citizens of low City for the City to acquire said property. NOW, THEREFORE, BE I RESOLVED BY THE C Y COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached ffer to Purchase Real Estate d Acceptance /Option to Purchase attached here is approved by the City Council. 2. Upon dir ction of the City Attorney, the Mayor is auth ized to sign and the City Clerk to attest y and all documentation necessary to effectu to the purchase of the ,property pursuant to the purchase agreement as approved herein. Passed and approved this day of , 20 MAYOR 'ATTEST: City Attorney's Office /d-IL-U7 CITY CLERK r • ~ and Sale Agreement OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE/OPTION TO PURCHASE (PURCHASE AND SALE AGREEMENT) TO: Clarence Hagen Revocable Trust {hereinafter "Seller"). The City of Iowa City, Iowa, a municipal orporation of the State of Iowa (herein "City"), hereby offers to buy all the Seller's right, title and inte st in the real estate consisting of approximately 31.5 acres of Auditor's Parcel 95106, except Auditor Parcel 97090, situated in Johnson County, Iowa, subject to final determination upon survey of the Ian ,and legally described as follows: See attached Exhibit A ident ing an approximate 29.9 acre parcel and an approximately 1.fi acre parcel (legal description to be approved by ity Attorney following survey) together with all the Seller's right, title and intere t in all Buildings and IrnproveZnents, if any, located on the above-described real estate, and under a y easement and servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, r nervations, exceptions,~and modifications, except for the Permitted Exceptions, as defined below. Th entirety of the ab~ie-described interests being conveyed shall hereinafter be referred to as the "Pro rty" or "unimpr~ed parcels". r The Property shall be conveyed with good, clear, merchantable title, subject tv the following "Permitted Exceptions": ~~~" 1. Zoning and building laws and ordinances; 2. Covenants, restrictions, reservations arx~ease~nents of record approved by City. In consideration of the covenants and obligatjdns contained herein, the parties agree as follows: 1. PURCHASE PRICE. City offer to purchase all f Sellers' right, title and interest in the Property for the purchase pric of $10,841.00 per a e (the "Per Acre Purchase Price's paid as follows: payable in full at t time of closing and ansfer of possession, all title objections being corrected to show arketable title. The Tina purchase price will be established and based upon a survey of eland performed at City a ense, whereby the exact acreage being acquired will be deter fined. 2. SURVEY. City sl,Ya`II have a survey of the approxim tely 31.5 acres performed, which shall serve as the b is far establishing the actual acreage to be acquired. Said survey shall be of the unimprov d parcels owned by the Clarence Hag Revocable Trust West of Sand Lake and East of a Napoleon Lane, not including any and II land being sold by the Sellers for the McCoilist Boulevard right-of-way extension and resultant easements, as generally represe ed on the map attached as Exhibit A and incor orated herein. 3. ABS~RACT AND TITLE. Seller shall promptly deliver tv the City for examination, an abstract of itle for the Property, continued to a date subseque to the date of this Offer, prepared ~suant to Iowa Code Sections 614.29 through 61 .38, lawa Land Title Associa#ion ;'Abstracting Standards, and Iowa Land Title Examinatio Standards of the Iowa State Bar Purchase and Sale Agreement Page 2 Association. The abstract shall begin with merchantable title in Seller, subject only to of an existing abstract shall be paid by th deliver marketable title to the Property abstracting and/or title work due to acts r Seller or assigns. The abstract shall be m is paid in full. the Bove; r~r meat--{tent to the Property and show Pernsitt€d Exceptions Tie cost of the continuance e eller. The Seller shall pax all costs required to nd Seller shall pay the cost of any additional omissions of Seller, including t~ nsfers or death of e the property of the City when tie Purchase Price 4. DOCUMENTS DELIVERED AT OR BE A. At the time of closing and upon following to the City: of the Purchase Price, S~Iler shall deliver the 7) A Groundwater Hazard atement with respect to the roperty, as provided in Iowa Code Sec. 448.69. 2} A Declaration of Value. 3) All other documents deem reasonably nece sary to satisfy the title objections of the City's Legal Counsel ursuant to a titl opinion. 4) A warranty deed fully 5. POSSESSION AND CLOSING. Subject to the ' y's approval of title and both City's and Seller's timely performance of all obligation he in, closing shall be held on a date no later than the date 90 days after acceptance of offer by Seller (the "Closing Date"). On and after the Closing Date and upon payment o he Purchase Price, the City shall be entitled to immediate possession of the Property an o eceipt of all rents and profits from the Property due thereafter, if any. ,,f 6. CONDITION OF THE PROPERTY.;~Buyer is p rchasing the Real Estate and improvements thereon in their present condi#ion with no warra ties or representations from Seller regarding the condition of the property or improvement thereon. Prior to Closing, the City, at its expense, shall have the right td conduct such inv tigations, inspections and inventories of the Property as it deems reasonable or necessary p or to closing. The Seller hereby grants the City, its officers, agents, employees and indepen nt contractors, the right to enter upon the Property at reasonable. times upon reasonable no ce, oral or written, from time to time after the date of this Offer fdr the purposes of investigatin ,inspecting and performing inventories of the Property and to determine if there are any stru tural, mechanical, plumbing, electrical, or environmental deficiencies, including hazardous ma erials, substances, conditions, or waste. City shall indemnify and hold harmless Seller from a d against any and all expenses, claims, or losses arising from or in .connection with any activities of City, its officers, agents, employees, or contractors on the Property prior t the Closing Date, including without limitation, any attorney's fees or court costs occasions by such claims. City may notify Seller in writing'of any such deficiency. Failure to do so shall a deemed a waiver of City's inspection and repair rights. In the event of any claim or demand City. as a result of inspections, Seller shall,declare and commence one of the following option : (a) making said items operational or funr~tional or otherwise curing the deficiency, or (b) ame ding this agreement by giving City a credit for the cost of curing the deficiency, or (c) can sling this agreement. If prior to the osing Date Seller does not promptly cure all such deficiencies in a manner mutually greeable to the City and Seller, then City may declare thi offer null and void. Purchase and Sale Agreement Page 3 7. INSURANCE. Seller shall maintain and keep in force and effect all existing property and liability insurance until the Closing Date and delivery of possession. 8. STATUS QUO MAINTAINED. The Property shall be preserved in its present condition and Seller shall deliver it intact at the time possession to the City is given. All risk of loss or damage to the Property is on Seller until the City takes possession. Prior to possession by the City, Seller shall promptly give written notice to the City of any loss or damage to the Property. In the event of loss, damage or des coon of all or part of the Property, the City shall have the option to terminate this Agreem t effective immediately. However, in the ca a of loss, damage or destruction of all or pa of the Property from causes covered by insura ce, the City shall have the option to either: (1) ake possession of the Property and accept a assignment of all Seller's right, title and inter st in and to any claims Seller has under he insurance policies covering the Property; or 2) terminate this Agreement effective im ediately. City shall be permitted to make a walk t rough inspection of the property prior t possession and closing, in order to determine that t ere has been no material change in a condition of the property except those mutually agree upon. 9. UTILITIES. The Seller shall be respon ible for payment of all utility penses incurred by it or incurred by its tenants or other occupa s, prior to the date of pos ssion by the City, including without limitation of the foregoing se er, solid waste and ter charges which may be assessed for collection pursuant to Iowa ode Section 384.8 10. TAXES. Seller' shall pay apro-rata share fiscal year (July 1 -June 30) of Closing b~ prior years. The amount shall be calculated rollback, and real estate tax exemptions tl calculation of taxes payable in the fiscal ~ closing the tax rate is not certified, then the taxes on th Property (real and personal} for the ed on #h losing Date, and all unpaid taxes for used on the assessed valuation, legislative tax t wi actually be applicable to and used for the r commencing July 1, 2007. lf, at the time of t current, certified tax rate shall be used. 11. REMEDIES OF THE PARTIES. In the ent o default hereunder, City grid Seller is entitled to utilize any and all remedies or action of law or 'n equity available to them with respect to this agreement and shall be entitled to tain judgm t for costs and attorney fees as permitted by law. 12. SPECIAL ASSESSMENTS. eller shall pay in f II all special assessments on the Property which have been certified o the Johnson County Treasurer for collection before the Closing Date. 13. 14. 15. 1fi. Time is of the bind the heirs executors, administrators, parkners, respective p roes. of this agreement. 3T. The document shall apply to and ns, and successors in interest of the Words and phrases contained herein, istrued as in the singular and plural ~ccordinq to the context. including the acknowledgement clause, shall be cc number, and as masculine, feminine orneuter gender, PARAGRAPH HEADINGS. The paragraph headings reference and are not intended to define or limit the si ained herein are for convenience in of any provision of this document. Purchase and Sale Agreement Page 4 17. ACCEPTANCE OF OFFER. This Offer shall become null and void at the option of the City unless accepted by the Seller within three (3) days after its presentation to Seller. 18. OPTION TO PURCHASE IMPROVED LAND. A. The City shall have the exclusive opt on to purchase the remainder of Auditor's Parcel 95106 owned by Seller and not therwise subject to this purchase agreement [hereinafter "Option Parcels"] within f ve (5) years from the date of acceptance of this Purchase Offer. Said Option Parcels re generally depicted on Exhibit A and subject to final survey at City expense. The City hall exercise this Option by giving written notice by certified or registered mail to the Iler or by hand delivering written notice to the Seller. B. If, within three (3) years from the date o acceptance of this Purchase ffer, the Seller demonstrates to the satisfaction of Buye that the Option Parcels are encumbered by all leasehold interests, Buyer shall purch a the Option Parcels. Bu is determination that the Option Parcels are so unencumb red shall be in writing an sent by certified or registered mail to Seller or hand-delivered o Seller. C. Should the City acquire the Option Parcel under either Para aph 18(A) or 18(B), the purchase price shall be approximately $ 8,631 (the fin purchase price shall be determined based upon the following formu : $710,129 I s the final purchase price of the unimproved parcels that are subject tot is Purchas Offer). D. Should the City acquire the Option Parcels nder ~ her paragraph 18(A) or 18(B), the parties agree that the terms (other than the pri of such acquisition shall be as set forth herein with closing to occur on a dat o later than 90 days after the City's exercise of its Option under paragraph 18 or its determination by the City under paragraph 18(B) that the Option Parcels a u encumbered by any leasehold interests. 19. OTHER PROVISIONS. A. Seller warrants that the Prope is free and clear of all leasehold interests. This warranty shall survive the clos' g of the transac ion. B. City's obligations under is agreement shall a subject to formal approval of this agreement by the City uncil. C. The parties agre that this agreement repre ents the voluntary negotiation and purchase of bot the Property and the Option P cels, that there was never any threat of condemnat~ n, and that the City would not ac ire either property in the absence of a mutually tisfactory purchase agreement. This Offer ' presented to the Seller on this ~S~ >~~~r , 2007. CITY OF IOWA1CITY, I •~ BY '_ Dale Helling, __..e; ti BUYER City Mgv(ager r Purchase and Sale Agreement Page 5 Accepted this CLARENCE HAGEN F B: ' i ynn elanoit, Ti _.. ~ \ - EXHIBIT A ~~~ ~~ ~, ~~ ,~ `~ - - _< .-~~ ; & to~ter~e ~.- ~ _ ~., Citi~, of Ic // ' % .~ ~' ~~ ~ ~. ~ ~~ ,i ~ \\ I -~ ~' ~e ~~ , ~,, _ _ PROPOSED BOUNDARY UNIMPROVED PARCELS ;~ City of i~,~ 1 ~~ ~ ~~ _\