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HomeMy WebLinkAbout1985-02-26 ResolutionRESOLUTION NO. 85-43 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, i to Wit: The Mill Restaurant, 120 E. Burlington Street It was moved by Strait and seconded by Dickson that the Resolution aT rea3 Se adopted, and upon rolr can t ere were: AYES: NAYS: ABSENT: Ambrisco x Baker x Dickson x Erdahl x' McDonald x Strait x Zuber x Passed and approved this 26th day of February 19 \ yor Attest: City Clerk ,pis RESOLUTION NO. 85-44 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF THE SANITARY SEWER IMPROVEMENTS FOR TY'N CAE SUBDIVISION, PART 3 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, The portion of sanitary sewer improvements for Lots 25-37 and 42-63 of Ty'n Cae Subdivision, Part 3, as constructed by H. D. Knowling Co. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Dickson that the resolution as read be adopte3, and upon roll ca there were: AYES: NAYS: ABSENT: _ x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 26th day of February 19 19 85. MAYOR C/O Received R Approved ATTEST: nin.,c) 76 nn ) 13Y The I0$al Uepswimni CITY CLERK 3r8 H CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D ENGINEER'S REPORT February 20, 1905 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Portion of sanitary sewer improvements for Lots 25-37 and 42-63 of Ty'n Cae, Part Three, as constructed by H.D. Knowling Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Re e tfully su itteedd Frank K. Farmer City Engineer bj3/2 3/8 i I H CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D ENGINEER'S REPORT February 20, 1905 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Portion of sanitary sewer improvements for Lots 25-37 and 42-63 of Ty'n Cae, Part Three, as constructed by H.D. Knowling Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Re e tfully su itteedd Frank K. Farmer City Engineer bj3/2 3/8 RESOLUTION NO. 85-45 RESOLUTION SETTING PUBLIC HEARING Oil PLANS, SPECIFICATIONS, FORM OF CONTRACT, AIJD ESTIMATE OF COST FOR THE CONSTRUCTION OF KIRK100D CIRCLE IDIPR0V5 ENTS PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF -SAID AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 12th day of Mars"' 1985 , at 7:30 p.m. in the Council c Ca Ci Chambers, Civienter, Iowty, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of 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 plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Strait and seconded by Dickson that the resolution as read be a opted, an upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x _ McDonald x Strait x Zuber Passed and approved this 26th day of February 19 85 . MAYOR ATTEST: hIg 14',22411, %� 7•rJ iA/ CCL Received R Approved j By The legal Department -'d- z X3`9 4 r RESOLUTION NO. SS -46 RESOLUTION ACCEPTING AN OFFER TO PURCHASE A CERTAIN PARCEL OF LAND, KNOWN AS "PARCEL A-1" LOCATED IN THE LOWER RALSTON CREEK OF I014A CITY, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE SALE OF SAID PARCEL A-1. WHEREAS, the City Council of the City of Iowa City did, by Resolution No. 85-17, dated January 22, 1985, authorize and direct the solicitation of offers to purchase certain City -owned land known as Parcel A-1, legally described as the East one-half of Lot 36 of White's Subdivision of Outlot 4 of the County Seat Addition to Iowa City, and WHEREAS, an acceptable offer has been received from James J. Croker to purchase said Parcel A-1 for $13,000, and WHEREAS, the City of Iowa City has afforded the public with an opportunity to comnent on the proposed sale and conveyance of said Parcel A-1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the offer of Mr, James J. Croker to purchase certain City -owned land known as Parcel A-1, legally described as the East one-half of Lot 36 of White's Subdivision of Outlot 4 of the County Seat Addition to Iowa City, be accepted, 2. That the Mayor be authorized to sign and the City Clerk to attest a real estate contract with Mr. James J. Croker for the sale of said Parcel A-1, provided all terms and conditions of the Disposition Prospectus pertaining to said Parcel A-1 are met. 3. That the Mayor is further authorized to sign and the City Clerk to attest documents necessary to legally convey Parcel A-1 to James J. Croker in accordance with the real estate contract. It was moved by erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 26th day of February 1985. YOR ATTEST: CITY CLERK ReeefvW A Approved By The Loq-1 De nrtmonl i y2_61F 356 k 14 RESOLUTION NO. 85-47 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEDIIIJT BETWEEN THE CITY OF IOIYA CITY AND NNIV, INC. FOR ENGINEERING SERVICES FOR THE BENTON STREET BRIDGE 19IDENING PROJECr WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with NM4 Inca copy of said agreement being attached to this Resolution and by tris reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said _agreement with NNW, Inc. for engineering services for the Benton Street Bridge Widening Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with NMI, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Zuber and seconded by Dickson that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x _ Dickson x Erdahl X McDonald X Strait x Zuber Passed and approved this 26th day of February 19 85 . MAYOR- ATTEST: CITY CLERK %l.wa Received & Approved By Tho Legal Daparfmont ?AWE 3�9 I i RESOLUTION NO. 85-47 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEDIIIJT BETWEEN THE CITY OF IOIYA CITY AND NNIV, INC. FOR ENGINEERING SERVICES FOR THE BENTON STREET BRIDGE 19IDENING PROJECr WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with NM4 Inca copy of said agreement being attached to this Resolution and by tris reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said _agreement with NNW, Inc. for engineering services for the Benton Street Bridge Widening Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with NMI, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Zuber and seconded by Dickson that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x _ Dickson x Erdahl X McDonald X Strait x Zuber Passed and approved this 26th day of February 19 85 . MAYOR- ATTEST: CITY CLERK %l.wa Received & Approved By Tho Legal Daparfmont ?AWE 3�9 AGREEMENT This Agreement, made and entered into this 76th day of . 1 1985 by and between the City of Iowa City, a municipal corpora ion ereinafler referred to as the City, and NNW, INC. of Iowa City, Iowa ereina er re erre o as Ulu onsu an . Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services will be subject to the following terms and conditions and stipu- lations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. b. To discriminate against any individual in terns, conditions, or privi- leges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. I. SCOPE OF SERVICES The City of Iowa City desires to make improvements to the Benton Street bridge over the Iowa River. The condition of the existing concrete and reinforcing steel together with the structural integrity of the bridge shall be reviewed with regard to widening the bridge to a four (4) lane facility. This scope of services shall define the work to be performed by the Consultant and shall include, but not necessarily be limited to, a detailed investigation and recommendation phase, design phase, and special services, which are further defined below: A. Investigation and Recommendation Phase The following scope of services shall be included in the Investiga- tion and Recommendation Phase: 1. Review available existing plans of the structure, review previous evaluations and other information which City staff may have, conduct a field survey to observe the existing condition of the structure, and perform all field and laboratory testing as may be required to further evaluate the current condition of the structure; 2. Conduct periodic meetings with the Public Works Director to review the existing conditions, establish parameters, and evaluate alternatives; 3. Develop and compare alternatives including review of geometry and approach considerations, review of necessary right-of-way purchase and/or construction easements, develop a preliminary design for each alternative, develop an opinion of anticipated cost and life expectancies, and prepare a report with recommen- dations and supporting documentation; i 4. Present the report and recommendations to appropriate City personnel, and attend meetings to review and discuss the project and recommendations with City staff and others as required. Ten (10) copies of the final report shall be provided to the City for approval; 5. Participate in meetings and contacts with various utility companies and other affected private and/or governmental entities; 6. Participate in meetings and contacts with various approving and regulating agencies and provide assurance that the recommenda- tion is in compliance with each agency's regulations. 3 G7 L 7. Develop preliminary plans for the recommended alternate which shall show elevations, cross sections, flood flows, utilities, property lines, proposed property acquisition and/or construc- tion easements, vehicular and pedestrian traffic analysis and layout, and other appropriate design criteria, including preliminary environmental review. B. Design Phase After City approval of the preliminary design and anticipated construction costs and upon written notice from the City to proceed, the Consultant shall begin the Design Phase which shall include: 1. Preparation of detailed contract drawings; 2. Preparation of specifications and contract documents. The contract documents shall meet all requirements of the City's affirmative action and equal opportunity program; the Consult- ant shall coordinate with the City's Human Relations Department to insure that said contract documents so comply. 3. Furnishing the City with two (2) copies of the specifications and contract drawings for a final review by the City. The Consultant shall obtain project approval from other agencies after initial City review and approval, but regulating agencies should be involved during design to insure compliance. 4. Preparation of a final estimate of anticipated construction cost upon final approval by the City of the final design, original plans, and specifications. S. Conducting periodic meetings with the City Engineer to review design plans and specifications. 6. Assisting the City in securing bids; the City shall provide bid documents to the contractors. 7. Assisting in the tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts. 8. Assisting in the preparation of the formal documents for the award of the contracts. 9. Checking detailed construction drawings and shop and erection drawings submitted by contractors for compliance with design concept. C. Special Services The Consultant shall advise the City during construction relative to this project, and shall provide the following special services. 1. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered. 2. Review laboratory reports, materials and equipment. 3. Make periodic visits to the sitetoobserve as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he/she shall not be responsible for the means, methods, techniques, sequences or procedure of construction selected by contrac- tors) or the safety precautions and programs incident to the work of Contractor(s). His/her efforts shall be directed toward providing assurance for City that the completed project conforms to the Contract Documents. During such visits and on the basis of his/her on-site observations he/she shall keep City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in the work of Con- tractors) and shall recommend disapproval or rejection of work 349 3 failing to conform to the Contract Documents. Such site visits are not intended to substitute for technical observations by an on-site resident inspector employed by the City. 4. Make a final inspection report to the City upon completion of the project. 5. The Consultant and the City shall discuss interpretations of the requirements of the construction Contract Documents. Upon request the Consultant agrees to furnish the following additional special services. Such special services include, but are not necessar- ily limited to, the following: 6. Soil investigation, including test borings, related analysis and recommendations. 7. Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and draftings. 8. Assist the City as expert witness in litigation arising from the development or construction of the project and in hearings before various approving and regulatory agencies. Regional Permit 7 9. Environmental assessment beyond the standardA Section 404 permit with regard to endangered species or other unusual circumstances. 11. TIME OF COMPLETION The Consultant shall complete each phase of this project within the times listed below: Investigation and Recommendation Phase - 90 days after signing of this Contract. Design Phase - 150 days after approval of the preliminary phase. Construction Phase - The Consultant shall include appropriate construc- tion times in the job specifications. III. GENERAL TERMS A. Should the City terminate the Agreement, said Consultant shall be paid on the basis of the schedule of hourly fees and charges for professional services as herein attached as Exhibits A and 0, and by this reference made a part hereof, for all work and services performed up to the time of termination. However, such sums shall not exceed the "not to exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (1) days written notice, to the other party. If the City and Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedure of the American Arbitration Association. O. This Agreement shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no assignment shall be made without the written consent of all parties to said Agree- ment. C. Consultant agrees to indemnify and hold harmless the City of Iowa City, its officers, employees, and agents against any liability or claim of damages arising out of the negligent acts, errors, or omissions of the Consultant, his/her employees, or agents. 0. It is understood and agreed that the retention of the Consultant by the City for the purpose of said project shall be exclusive but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of a 1.00 multiplier times the amount billed. sev9 4 E. It is agreed by the City that all records and files pertaining to information needed for said project shall be made available by said City upon reasonable request of 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 county law or any of the ordinances of the City of Iowa City, Iowa. G. Noel Willis of the Consultant shall attend such meetings of the City Council relative to the work set forth in this Contract and as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. H. The Consultant agrees to furnish, upon termination of this Agree- ment 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 "rlreement without cost, without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Consultant shall not be liable for use of such documents on other projects. I. The Consultant agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect affixed thereto or such seal as required by law. J. The City agrees to tender to the Consultant all fees and money in accordance with the schedules attached as Exhibits A and 0 except that failure by 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 Contract be found invalid, it is agreed that all of its sections shall remain in full force and effect as though severable from the part invalid. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for their filing use. 14. Direct personnel expenses for the purpose of this Contract shdll be defined as hourly wage plus retirement and fringe benefits. Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. N. Records of the Consultant's direct personnel expense, Consultant expense, and reimbursable expenses pertinent to the project, and records of account between the City and the Consultant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutually convenient times. 0. Reimbursable expenses include actual expenditures made by the Consultant, his/her employees, or his/her consultants in the interest of the project for the following incidental expenses listed: 1. Expense of transportation and living when travelling in connection with the project, for long distance calls and telegrams, and for extraordinary work required by the Owner. 2. Expense of reproduction, postage, and handling of drawings and specifications, excluding copies for Consultant's office use. 3. Fees paid for securing approval of authorities having jurisdic- tion over the project. Fees paid by the Consultant for special consultants employed with the City's approval for services other than those defined in this Contract. P. The Consultant shall assist and be present for any preparation of letting or analysis of contract dealing with said project. ,3a9 b IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this Contract on the basis of the following fees: Investigation and Recommendation Phase - The Consultant shall be paid upon 2.2 x Direct Personnel Expense. The total fee for the Preliminary Phase shall not exceed $ 21.300.00 including Reimbursable expenses. Design Phase - Due to the difficulty of determining the exact scope of the work prior to completion of Investigation and Recommenda- tion Phase; Design Phase fees shall be negotiated after comple- tion and acceptance of the Investigation and Recommendation Phase. Special Services - The total fee for each requested duty shall be established before the beginning of that task and shall be compensated in the following manner: a) Soil testing services at approved flat rates as attached in Exhibit B to this contract. Analysis of data shall be at a rate of N/A x Direct Personnel Expense. b) All other special services shall be compensated at a fee based upon 2.2 x Direct Personnel Expense. A The Direct Personnel Expense of all personnel classifications associated with this project shall be attached as Exhibit A. The City agrees to i reimburse the Consultant for reimbursable expenses listed in Item II1.0 at cost. The Consultant shall furnish receipts of all outside expenses upon request. All fees shall be billed and due payable monthly. With each billing the Consultant shall list the individual classification, the hours worked, and the hourly rate. Billing shall be broken down into the following categories: Investigation and Recommendation Phase Design Phase Special Service (detailed) All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering and Architectural Profession. It is further stated that there are no other consideration or monies contingent upon or resulting fron the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: FOR THE CONSULTANT: YOR Title: ATTEST: II 9TTEST:_��C ERI, e. 3tv� t i i i I t � C EXHIBIT A BILLING RATES Noel W. Willis, Principal in Charge Professional Engineer I Professional Engineer II Project Engineer I Land Surveyor I Land Surveyor II DIRECT COST/HOUR $27.50 $19.00 $18.00 $12.50 $19.00 $15.90 i' EXHIBIT A BILLING RATES Noel W. Willis, Principal in Charge Professional Engineer I Professional Engineer II Project Engineer I Land Surveyor I Land Surveyor II DIRECT COST/HOUR $27.50 $19.00 $18.00 $12.50 $19.00 $15.90 City of Iowa City MEMORANDUM Date: February 20, 1985 To: City Council and City Manager From: Frank Farmer, City Engineer :� ?V ' Re: Benton Street Bridge Widening Project The Benton Street bridge widening project is a capital improvement project; the investigation and recommendation phase for this project is scheduled for FY85 with construction estimated to begin during FY87. The Public Works Department/Engineering Division has solicited proposals from seven (7) qualified engineering firms with experience in design and rehabili- tation of bridges. After reviewing the proposals, based upon the selection criteria, a list consisting of three (3) firms was compiled for the purpose of personal interviews. The proposals were reviewed and interviews were conducted by four City personnel. The three firms selected to be interviewed were NNW, Inc., Shive-Hattery & Associates and Stanley Consultants, Inc. After the interviews were completed, based upon the selection criteria, City staff selected NNW, Inc. of Iowa City, Iowa, as the preferred consultant. Public Works/Engineering recommends entering into an agreement with NNW, Inc. for the negotiated price of $21,300 and proceeding with the investigation and recommendation phase of the project. A negotiated agreement is_attached for your consideration. bj3/5 36y RESOLUTION NO. 85-48 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, BY AND THROUGH THE JOHNSON COUNTY BOARD OF SUPERVISORS AND THE JOHNSON COUNTY CONSERVATION BOARD, ESTABLISHING PROVISIONS FOR A HYDROPOWER FEASIBILITY STUDY BY THE CITY OF I014A CITY. WHEREAS, the City of Iowa City wishes to inquire into the feasibility of producing hydroelectric power at the milldam located in Coralville and Iowa City, Iowa, owned by Johnson County, Iowa, which proposed use might require that it secure a lease or other proprietary interest, and WHEREAS, Johnson County, Iowa, the current owner of the milldam, through the conservation board, is desirous of having the milldam repaired to appropriate environmental, ecological and hydrologic standards, and WHEREAS, both parties agree that it is in their best interest to establish terms under which the proposed study permit period will be reduced and under which the City will provide Johnson County with progress reports and results of the feasibility study, and further that Johnson County will not compete in any way with the proposed development by Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF I014A CITY that the Mayor is hereby authorized to sign, and the City Clerk to attest, an agree- ment with Johnson County, Iowa, by and through the Johnson County Board of Supervisors and the Johnson County Conservation Board specifying conditions under which the feasibility study will be conducted; said agreement being attached to, and thereby made a part of, this resolution. It was moved by 71her and seconded by Baker the Resolution be adopted, and upon roll call there were.- AYES: ere: AYES: NAYS: ABSENT: x Ambrisco x Baker v Dickson x_ Erdahl v McDonald x_ Strait r Zuber Passed and approved this _26t. day of February - p�, 1985. ✓✓ AYOR ATTEST: !l�ritennJ ). CITY CLERK Rbeeh, BY7ha l(V�j Pproved Il ftenf Z ZI �I_ 370 n AGREEMENT THIS AGREEMENT is hereby made and entered into this 7 day of `2j ae-� , 198 � by and between the CITY OF IOWA CITY, IOWA, a political subdivision of the State of Iowa, ("IOWA CITY"), and JOHNSON COUNTY, IOWA, also a political subdivision of the State of Iowa, by and through the Johnson County Board of Supervisors ("BOARD OF SUPERVISORS") and the Johnson County Conservation Board ("CONSERVATION BOARD"). RECITAL 1. Iowa City wishes to inquire into the feasibility of producing hydroelectric power at the milldam located in Coralville and Iowa City, Iowa, owned by Johnson County, Iowa, which proposed use might require that it secure a lease or other proprietary interest. 2. Johnson County, Iowa, the current owner of the milldam, through the Conservation Board, is desirous of having the milldam repaired to appropriate environmental, ecological and hydrologic standards. 3. Iowa City is willing to reduce the proposed study permit period from that now applied for and provide Johnson County with progress reports and results of the feasibility study in consideration of Johnson County, Iowa, including its Board of Supervisors and Conservation Board, agreeing not to compete in any way with the proposed development by Iowa City. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. AGREEMENT NOT TO COMPETE. Johnson County, Iowa, including its Board of Supervisors and Conservation Board, hereby agree that it will not, individually or collectively, either directly or indirectly, alone or with others, enter into or engage in competition with Iowa City with respect to the use of the Coralville milldam proposed by Iowa City and will cooperate with Iowa City by making all reports, studies, and other materials available to it. 2. CONSIDERATION. In consideration of Johnson County, Iowa, not competing with Iowa City with respect to its proposed use of the Coralville i milldam, Iowa City agrees to the following: A. If Iowa City's application for a preliminary study permit is approved by the Federal Energy Regulatory Commission, the feasibility study will be completed within six (6) months from the date the preliminary permit is approved by the Federal Energy Regulatory Commission. 3741 2 B. If, upon completion of the feasibility study, Iowa City determines that it wishes to proceed in developing a hydroelectric project, it will file a license application for a water power project with the Federal Energy Regulatory Commission within fourteen (14) months after the preliminary permit is granted. C. If a preliminary study permit is granted, Iowa City agrees to keep the Conservation Board informed as to the progress and results of the feasibility study. D. Upon completion of the feasibility study, Iowa City will provide to the Conservation Board copies of all documents supplied to the City in connection with the feasibility study which bear upon identifiable environ- mental problems, identifiable benefit cost ratio, identifiable plant size and power output and identifiable cost of project. The feasibility study document and related documents are the property of the City of Iowa City and the City hereby asserts its proprietary rights in said documents. 3. DISPOSITION OF INTEREST. Johnson County agrees to negotiate with Iowa City in exploring transfer of possessory rights to the milldam if it is determined that production of hydropower is feasible. The agreement transferring possessory rights shall be completed no later than eight months after project feasibility is determined. Provided, however, that any such agreement shall be subject to the City's having obtained the necessary construction permits from the Federal Energy Regulatory Commission. Disposi- tion of the milldam or property shall not be consumated until Johnson County has complied with Section 331.361, Iowa Code, and both parties have deter- mined such disposition to be in the interests of each of them. 4. WARRANTIES. It is understood and agreed by the parties that the use proposed by Iowa City to be studied shall be required to meet any and all requirements of any state or federal agency having jurisdiction over any aspect of said milldam. 5. RIGHTS AND OBLIGATION. Iowa City shall have the right to inspect the property at any reasonable time. Iowa City shall have no obligation to maintain or repair the milldam or property, to purchase insurance or have any liability with respect to said property, or to in any way care for or be responsible for the property during the period of this agreement. Johnson 5 70 i w i ( 2 B. If, upon completion of the feasibility study, Iowa City determines that it wishes to proceed in developing a hydroelectric project, it will file a license application for a water power project with the Federal Energy Regulatory Commission within fourteen (14) months after the preliminary permit is granted. C. If a preliminary study permit is granted, Iowa City agrees to keep the Conservation Board informed as to the progress and results of the feasibility study. D. Upon completion of the feasibility study, Iowa City will provide to the Conservation Board copies of all documents supplied to the City in connection with the feasibility study which bear upon identifiable environ- mental problems, identifiable benefit cost ratio, identifiable plant size and power output and identifiable cost of project. The feasibility study document and related documents are the property of the City of Iowa City and the City hereby asserts its proprietary rights in said documents. 3. DISPOSITION OF INTEREST. Johnson County agrees to negotiate with Iowa City in exploring transfer of possessory rights to the milldam if it is determined that production of hydropower is feasible. The agreement transferring possessory rights shall be completed no later than eight months after project feasibility is determined. Provided, however, that any such agreement shall be subject to the City's having obtained the necessary construction permits from the Federal Energy Regulatory Commission. Disposi- tion of the milldam or property shall not be consumated until Johnson County has complied with Section 331.361, Iowa Code, and both parties have deter- mined such disposition to be in the interests of each of them. 4. WARRANTIES. It is understood and agreed by the parties that the use proposed by Iowa City to be studied shall be required to meet any and all requirements of any state or federal agency having jurisdiction over any aspect of said milldam. 5. RIGHTS AND OBLIGATION. Iowa City shall have the right to inspect the property at any reasonable time. Iowa City shall have no obligation to maintain or repair the milldam or property, to purchase insurance or have any liability with respect to said property, or to in any way care for or be responsible for the property during the period of this agreement. Johnson 5 70 I I o ii I 3 County shall be solely responsible for the property and milldam during the period of this agreement. Iowa City agrees to take no action during the agreement period which would injure or harm the milldam or property. 6. TERMINATION. Johnson County, by its Board of Supervisors and the Conservation Board, agree to release Iowa City from all provisions of this agreement except for paragraph 2.0 if after completion of the study, Iowa City, in its sole discretion, determines that it does not wish to proceed to produce hydro power at the Coralville dam. IT WITNESS WHEREOF the parties hereto have executed this agreement the day, month and year first written above. CITY OF IOWA CITY By: ohn McDona ,Mayor By: Attest: Mar an K. Karr, City Clerk JOHNSON COUNTY CONSERVATION BOARD By: fefi�J�%7lac��-'Yi}cd�. President Secretary JOHNSON COUNTY BOARD OF SUUPPE�R�VISORS By: Chairpepton Attest:: Tom Slockett, County Auditor Received & APP••eved 1) —1 71 6ega DeP of ZyL�! 370 I r RESOLUTION NO. 85-49 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH MAY ZIMA AND COMPANY TO CONDUCT A FINANCIAL FEASIBILITY STUDY OF CONGREGATE HOUSING FOR THE ELDERLY. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to the elderly in Iowa City who are in need of housing and services which aid them in their efforts to remain independent; and WHEREAS, the City of Iowa City wishes to utilize such funds to contract with the May Zima and Company of Atlanta, Georgia, to conduct a financial feasi- bility study of Congregate Housing for the elderly of Iowa City, and I WHEREAS, the City of Iowa City and May Zima and Company have negotiated the attached agreement for May Zima and Company to conduct a financial feasibil ity study of Congregate Housing for the elderly of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said agreement with the May Zima and Company of Atlanta, Georgia, to conduct the financial feasibility study of congregate housing for the elderly of Iowa city. It was moved by Dickson and seconded by Baker the Resolution be adopted, and upon r�T —there were: AYES: NAYS: ABSENT: x AMBRISCO BAKER x DICKSON x x ERDAHL X MCOONALD X STRAIT x ZUBER Passed and approved this 26th day of February , 1985. 109 i #YO—A ATTEST: blo 4.1 flat CITY CLERK Rueehuod & Approvau Dy Sha Legal Uopartnxant 37/ AGREEMENT IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY This Agreement, made and entered into this 26th day of February , 1985, by and between the City of Iowa City, a municipal corporation, herein- after referred to as the "City," and May Zima & Co., Atlanta, Georgia, hereinafter referred to as the "Consultant." Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant, to provide services as set forth herein according to the terms of this Agreement. ARTICLE I. SCOPE'OF SERVICES. This scope of services defines the work to be performed by the Consultant. The services are to be provided in accordance with the Consultant's proposal entitled "Proposal to Conduct a Marketing Feasibility Study for the City of Iowa City, Iowa," dated December 3, 1984, which is incorporated herein by this reference. Said services include, but are not limited to, the follow- ing: 1. Analyze demographic, socio-economic and housing characteristics of the elderly population in the Iowa City/Coralville area. 2. Evaluate the long-term care needs of the elderly. 3. Survey the elderly population in the Iowa City/Coralville area to obtain primary data for customer analysis and market segmentation. 4. Complete need analysis and demand analysis for specific housing alterna- tives, elderly services and healthcare services for the elderly. 5. Evaluate the economic feasibility of specific housing, service, and healthcare alternatives based on need and demand analysis. 6. Analyze existing and proposed housing alternatives as well as elderly i services and healthcare offered in Iowa City, including: a. Information describing programs and services provided by public and private organizations; and b. Review of services and amenities offered by other retirement facili- ties located in the primary service area; and I c. Identification of unmet needs in the service delivery market. 7. Obtain competitive data to determine market penetration, market share and market risks. 8. Complete market analysis to develop strategies for specific housing and service arrangements. 9. Develop a profile of the survey respondents. 371 10. Participate in public relation activities including development of press releases, participation in public meetings, etc. 11. Submit in writing, after the analysis is complete and before the final report is written, a preliminary assessment as to whether or not there is sufficient demand for new elderly housing accommodations in the service area. If this analysis indicates insufficient demand, May Zima will notify the City of Iowa City immediately in writing and propose and alternative course for completion or termination of the study. 12. Prepare and present the work outlined above in a final written comprehen- sive report consisting of twenty copies (including one reproducible copy) to the City for written approval, said final report shall consist of all previous City approved draft reports. Attend meetings to review and discuss the final report and recommendations with City staff, City Council and others as required. ARTICLE 11. TIME OF COMPLETION. A. The Consultant will complete the phases of this agreement within the times indicated on the Project Work Plan, attached hereto as Exhibit A and incorporated herein. i B. The Consultant's service under each phase of this agreement shall be considered complete when the City has accepted the report of work under each of the phases. ARTICLE III. GENERAL TERMS. A. This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto. Provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. B. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involving such assistance. C. It is agreed by the City that all records and files pertaining to information needed for said project shall be made available by the City upon request of the Consultant. The City agrees to furnish all reason- able assistance in the use of these records and files. D. No party to this Agreement shall perform contrary to any State or Federal law nor ordinances of the City. E. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes, charts, computations and other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use. 371 3 F. The City agrees to tender to the Consultant all fees and monies in accordance with the provisions of Article V herein, except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment an amount sufficient to properly complete the project in accordance with this Agreement. G. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. H. Records of the Consultant's reimbursable expenses pertaining to the project, and records of accounts between the City and the Consultant, shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. I. All reimbursable outside expenses shall include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the project for the following incidental expenses listed: 1. Travel expense upon written authorization by the City. 2. Photocopy. 3. Courier services. 4. Printing. 5. Telephone. 6. Computer charges. 7. Mailing lists. 8. Postage. 9. Other expenses related to the engagement. Reimbursable expenses will be billed and are payable monthly. J. The Consultant and the City shall have publication rights to all material produced by the Consultant and its consultants consistent with all applicable legal requirements and shall be entitled to retain reproducable copies of all work performed hereunder. K. All documents prepared or furnished by the Consultant shall become the property of the City. L. The City may terminate this agreement upon 30 days written notice. If the contract is terminated, Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City at the time of termina- tion. M. The Consultant shall not permit any of the following practices: dis- charge from employment, refuse to hire, or discriminate against any individuals in terms, conditions or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 07/ 4 N. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in the manner or degree with the performance of the services under this agree- ment. The Consultant further covenants that in the performance of this agreement no person having any such interest shall be employed by the Consultant. 0. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this agreement pertains, shall any private interest direct or indirect in this agree- ment. P. The Consultant shall attend such meetings relative to the work set forth in this agreement as may be requested by the City. The City shall give reasonable notice of such meetings. Q. The following indicates the major responsibilities of the staff assigned to this project by the Consultant. Mr. Donald P. Zima, Partner, will assume responsibility for the staff scheduling, monthly progress relative to monthly plan and overseeing results of this engagement. Mr. David Yon, Partner, will assume responsibility for statistical decisions relative to primary data gathering, statistical inferences, and overall quality control review. Ms. Mary Ann McElroy, Supervisor, will assume responsibility for planning, day-to-day management, and completing the report. ARTICLE IV. CITY'S RESPONSIBILITIES. The City shall: A. Assist the Consultant by placing at his disposal, all available informa- tion pertinent to the project including previous reports and other data relative to the design of the survey. B. Examine all documents presented by the Consultant, and render, in writing, comments and decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. C. Furnish or direct the Consultant to provide necessary additional services as stipulated in this Agreement. ARTICLE V. COMPENSATION. Payment due the Consultant for services performed shall be as follows: A. The City agrees to pay the Consultant an amount not to exceed $37,500 for the satisfactory completion and acceptance thereof by the City of the services described in Article I. B. Compensation for services performed will be due and payable monthly based on the Consultant's work completed consistent with the work schedule during the billing period and will be payable by the end of the month. Accompanying each monthly fee statement, the Consultant shall provide a short narrative describing the status of the project. 37/ N 5 C. All provisions of the Agreement where not specifically defined shall be reconciled in accordance with the highest ideals of the Accounting profession. D. Compensation for reimbursable expenses (expenses above and beyond $37,500 for services described in Article 1) incurred in the completion of the agreement shall not exceed $8,419 and shall be due and payable monthly based on the Consultant's actual expenditures, at cost. The maximum compensable reimbursable expenses are detailed below: Item Expense Field work Iowa City Travel $550/trip $ 550 Lodging and food $100/day for 7 days 700 Mailing list 500 Photocopy, courier services, printing, telephone, computer charges, postage 4,000 Other expenses 185 Presentation of final report to City Council/committee Don Zima $100/hr. (8 hrs.) 800 Mary Ann McElroy $48/hr. (8 hrs.) 384 Travel (2) $550/trip 1,100 Loyd ink and food 200 Toti estimated expenses 8419 ARTICLE VI. ENTIRE AGREEMENT. This Agreement embodies the entire agreement by the Consultant and the City. The parties represent that, in entering into this Agreement, they do not rely upon any previous oral or implied representation, inducements or understand- ing of any kind or nature. ARTICLE VII. BENEFIT OF THE AGREEMENT. This Agreement is binding upon and shall enure to the benefit of the parties hereto and their heirs, successors, and permitted assigns. ARTICLE VIII. VENUE. Venue of any suit or cause of action under this agreement shall lie in Johnson County, Iowa. It is further stated that there are no other consid- erations or monies contingent upon resulting from the execution of this agreement nor have any of the above been applied by any party to this - agreement. 37/ 6 In witness whereof; the parties hereby have executed this Agreement and as of the date above stated. FOR THE CITY FOR MAY ZIMA & CO. �� 046,x MA R PARTNER i ATTEST nlaa i n A ATTEST / / v ZITY CLERK I Received & Approved By The Legal Deperhneld 2�o B N .371 N AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE FEBRUARY 1985 4 5 � 7 8 Compile and analyze demographic/ 40 x x x x x economic data Prepare preliminary list of all 24 x x x housing for elderly in the area based on published in- formation and telephone research Arrange for focus group interviews of elderly; coordinate with Senior Citizen Center Director, City official; prepare notifi- cation of meeting, plan for meeting Prepare final listing of all f housing alternatives for elderly in Iowa City Prepare listing of competitive 16 facilities and include infor- mation necessary for market share/penetration calculations Complete demographic/economic data 24 FEBRUARY 1985 11 12 13 1 15 x x x x 371 AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) WORK DESCRIPTION Determine and review and appli- cable state legislation Estimate market potential based on: U.S. Census age/income data Donnelley Market information Elderly budget preparation Value of homes Living arrangements Rent/homeowner monthly expenses Review migratory patterns Determine appropriate mailing list for mailed questionnaires Determine areas of information necessary for market segmen- tation; i.e. needs in market, price sensitivities, lifestyle analysis, buying behavior, factors influencing demand, geographical definition of market, buyer adoption rates. Determine analytical variables needed for analysis under each area of information sought in research. ESTIMATED MAN HOURS TIME SCHEDULE FEBRUARY 1985 18 19 20 27 22 16 X X 8 X R X 5 X 2 X 2 X 2 X FEBRUARY 1985 MARCH 25 27 28 1 8 X 8 X MARCH 1985 4 5 --L- —7 8 24 X X X 8 X .371 i i i AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) WORK DESCRIPTION Determine and review and appli- cable state legislation Estimate market potential based on: U.S. Census age/income data Donnelley Market information Elderly budget preparation Value of homes Living arrangements Rent/homeowner monthly expenses Review migratory patterns Determine appropriate mailing list for mailed questionnaires Determine areas of information necessary for market segmen- tation; i.e. needs in market, price sensitivities, lifestyle analysis, buying behavior, factors influencing demand, geographical definition of market, buyer adoption rates. Determine analytical variables needed for analysis under each area of information sought in research. ESTIMATED MAN HOURS TIME SCHEDULE FEBRUARY 1985 18 19 20 27 22 16 X X 8 X R X 5 X 2 X 2 X 2 X FEBRUARY 1985 MARCH 25 27 28 1 8 X 8 X MARCH 1985 4 5 --L- —7 8 24 X X X 8 X .371 AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE MARCH 1985 cont. 4-5-6_ 7 8 Determine number of cross tabula- tions and index questions by cross tabulation required. Conduct fieldwork in Iowa City: Site visits of housing for the elderly - Interviews with potential competitors - Inter- views with state and local officials or staff who are know- ledgeable about housing for the elderly - Interviews with Chamber of Commerce and local realtors - Research at local library - Interview professionals associated with the elderly. Conduct focus group interviews and depth interviews (infor- mation to be used in question- naire preparation) 0 56 10 Develop "dummy" tables from pre-test 24 survey results. Prepare final questionnaire 8 VA MARCH 1985 10 11 12 13 14 16 17 X x x x x x X MARCH 1985 18 199 2T21 22 X X X X .371 i i I i I AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE MARCH 1985 25 27 27 26 29 Conduct the survey - prepare 32 x x X x transmittal letter, code questionnaires for possible second mailing and prepare for mailing. Complete computer programming to: a) Tabulate results of survey b) Cross -tabulate data to show market segments based on multiple combinations of individual questions c) Provide computerized quanti- tative results to individual questions and relative pro- portions and quantitative analysis Complete sections of written report relative to competition Prepare sections of report on uncontrollable variables Calculate market penetration Edit and tabulate (computer input) results from first mailing of questionnaire. 24 x x x 16 X x APRIL 1985 1 2 3 4 5 24 x x x 16 x x APRIL 1985 6 9 10 11 12 32 x x x x .3;7/ AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE APRIL 19 5 15 1T 1 118 19 Second mailing of questionnaire 24 x x x APRIL 1985 22 23 2 25 26 Prepare written conclusions from 16 x x fieldwork Follow-up telephone interviews with elderly and professionals Edit and tabulate (computer input) results from second mailing. Analyze research results of mailed questionnaire. Determine Market Segments and Target Market. 24 x x x APRIL MAY 1985 29 30 1 2 3 24 x x x MAY 1985 7 _ 9 10 16 x x 16 Prepare charts, graphs, tables, etc., 16 from research results. Prepare written presentation of 24 analytical results. MAY 1985 13 14 15 16 17 x x x x x 13;7/ I I t , i i AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE APRIL 19 5 15 1T 1 118 19 Second mailing of questionnaire 24 x x x APRIL 1985 22 23 2 25 26 Prepare written conclusions from 16 x x fieldwork Follow-up telephone interviews with elderly and professionals Edit and tabulate (computer input) results from second mailing. Analyze research results of mailed questionnaire. Determine Market Segments and Target Market. 24 x x x APRIL MAY 1985 29 30 1 2 3 24 x x x MAY 1985 7 _ 9 10 16 x x 16 Prepare charts, graphs, tables, etc., 16 from research results. Prepare written presentation of 24 analytical results. MAY 1985 13 14 15 16 17 x x x x x 13;7/ j I I I I , I. AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued) ESTIMATED WORK DESCRIPTION MAN HOURS TIME SCHEDULE MAY 19T5 20 21 22 23 24 Develop proposed marketing mix for a 16 X X new elderly housing project. Quantify market share objective and 16 evaluate market risks. Evaluate proposed market strategy and prepare comparison to strategies of competitors. Evaluate overall economic viability of new housing for the elderly in Iowa City and complete additional research/analysis as necessary. Prepare written report to the City of Iowa City. Type, edit, and complete Partners' review of report. 24 X x MAY 1985 27 28 29 30 31 X x x JUNE 1985 3 4 5 6 7 40 X X X X X JUNE 1985 14 15 iF 17 18 40 x x x x x JUNE 1985 17 18 19 20 21 40 x x x x x 37/ I � I I I AGREEMENT - SCHEDULE A IOWA CITY CONGREGATE HOUSING FEASIBILITY STUDY PROJECT WORK PLAN (continued)