HomeMy WebLinkAbout2016-11-15 ResolutionPrepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 16-306
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made an application and paid the taxes
required by law for the sale of cigarettes, tobacco, nicotine and vapor products.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue
a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and
vapor products:
Kum & Go #422 - 731 Riverside Dr.
Passed and approved this 15th day of november 20 16
MAYOR Protee^
ATTEST: utiir% 2i .
C CLERK
Approved by
City Attorney's Office
It was moved by Cole and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
X
X
X
X
X
NAYS:
ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
X Throgmorton
4c(5)
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 16-307
RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT
DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION,
AND POSSESSION OF ALCOHOL DURING THE DOWNTOWN HOLIDAY MARKET
WHEREAS, section 4-5-3D of the City Code allows private entities to sell alcohol and persons
to consume alcohol in a city park, on public right-of-way or on a city ground excluding public
buildings under limited circumstances;
WHEREAS, Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City
Downtown District ("District") would like to be able to sell alcohol within a tent in Black Hawk Mini
Park on December 10 and 11, 2016; and
WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Manager is authorized to sign the attached agreement and any needed amendments.
Passed and approved this 15th day of
ATTEST: 2 • )',(mil/)/
CITY -CLERK
November ,2016.
MAYOR Pro rem
Approve
S
City Attorney's Office
Resolution No. 16-307
Page 2
It was moved by Cole and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
X
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/356-5030
AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF -
SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT
TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND
POSSESSION OF ALCOHOL DURING THE DOWNTOWN HOLIDAY MARKET
This Agreement is made between Iowa City Downtown Self Supported Municipal
Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa
City, a municipal corporation ("City"), in Iowa City, Iowa.
WHEREAS, District is an "authorized entity" as that term is defined in section 4-5-
3D of the City Code;
WHEREAS, District has applied for a license to sell alcohol during the Downtown
Holiday Market event to be held in Black Hawk Mini Park; and
WHEREAS, the parties wish to enter into an agreement to allow District to sell
alcohol and to allow persons to possess and consume alcohol under limited circumstances
on Black Hawk Mini Park.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Authorized Site. In consideration for District's promises herein, the City agrees
to allow District control over the area in Black Hawk Mini Park from 8:00 am on
December 10, 2016 to 1:00 am on December 11, 2016 as shown on the diagram
which is attached, marked Exhibit A, and incorporated herein ("authorized site").
2. Term. This agreement shall be in effect only from 8:00 am on December 10,
2016 to 1:00 am December 11, 2016.
3. License. This agreement is void if District does not have a license to sell alcohol
on the authorized site on December 10, 2016 and December 11, 2016.
4. Sale and Possession of Alcohol. District shall only sell alcohol to a person who
is over twenty-one (21) years of age. District shall take all reasonable steps to
ensure that no person under the age of twenty-one (21) years of age possesses
alcohol.
4. Advertisement. District shall not, nor shall it allow anyone to, erect or place any
sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon
the authorized site with the exception that signage may be placed on the interior
and exterior tent walls. Sponsorship signage unrelated to businesses selling
alcohol, beer, wine, or tobacco will be allowed.
5. Inspection. City staff, including the Iowa City Police Department, may
periodically inspect the authorized site without any prior notice to determine
compliance with the terms of this agreement.
6. Debris and Trash. District shall be solely responsible for collecting all debris and
trash from the authorized site, and the City shall then remove the debris and
trash. If District fails to do so and if City staff has to collect the debris and trash
from the authorized site, District may be responsible for the cost incurred by the
City, including staff time, and shall pay the costs in full within thirty (30) days of
receiving an invoice.
7. No Smoking. Smoking is prohibited in the authorized site, and District shall
post a no -smoking a sign at the front entrance to the authorized site and two
signs inside the authorized site. The signs shall comply with Iowa Code
Section 142D.6 (2015). Additionally, the use of electronic cigarettes is
prohibited in the authorized site. Electronic cigarette means vapor product as
defined in Section 453A.1 of the Code of Iowa (2015).
8. Anchoring and Drilling. District shall not drill any holes into the pavement or the
sidewalk and shall not anchor a tent tie down or pole to the pavement or the
sidewalk.
9. Fencing/Tent. The authorized site shall be enclosed either by a tent that does
not allow for a container of alcohol to get passed or by a fencing product that is
a single fence that consists of six feet (6) interlocking panels with a mesh that
does not allow for a container of alcohol to get passed from through the
fencing. Each exit must be a minimum 36 inches in width. If a tent is used,
District shall provide the City Fire Department with a "flame certificate" for the
tent by December 5, 2016.
10. Toilet Facilities. District shall provide one men's and one women's toilet facilities
in 110 S. Dubuque Street and appropriate signage to said location.
11. Occupancy and Exits. The maximum occupancy load of the authorized site is
160 persons, and District is solely responsible for maintaining the occupancy
limits. District shall post a sign with the maximum occupancy load inside the
authorized site. District shall maintain at least two (2) exits in the authorized site
and post "exit" signs at all exits, with the location and size of the signs to be
approved by the City Fire Department. The exit signs shall be illuminated and
approved by the City Fire Department.
12. Insurance.
a) Premises Insurance. On December 10, 2016 and December 11, 2016,
District shall carry comprehensive general liability insurance for bodily
injury and property damage on the authorized site in the amount of
$1,000,000 (one million dollars) for each occurrence and $2,000,000 (two
million dollars) in the aggregate and shall name the City as an additional
insured. District shall furnish a copy of a certificate of insurance for same,
satisfactory to the City at the time of execution of this agreement. District
shall notify the City 1 week before cancellation of said insurance, and said
cancellation shall automatically terminate this Agreement.
b) Dram Shop Insurance. On December 10, 2016 and December 11, 2016,
District shall carry "dram shop" insurance in compliance with Iowa Code
section 123.92 (2015) in the amount of $500,000 (five hundred thousand
dollars). District shall provide 1 week notice to the City before
cancellation of said insurance, and said cancellation shall automatically
terminate this Agreement.
c) Governmental Immunities Endorsement. District shall obtain a
governmental immunities endorsement that meets the requirements set
forth on Exhibit B, which is attached and incorporated herein.
PAI
13. Indemnification. Di;
City shall be obligate
for damages of any I
consumption, or pos
by any person or pe
at its own expense
agents any claim ag
out of the use of th
beer on the authoriz
14. Non -Discrimination.
employment or put
gender identity, se
disability, marital sl
to hiring, accepti
'employment. "Pu
providing goods, se
15. Termination. The
violation of any pro
ict shall pay on behalf of the City all sums which the
to pay by reason of any liability imposed upon the City
id resulting from the use of the authorized sight or sale,
:ssion of beer on the authorized site, whether sustained
>on, caused by accident or otherwise and shall defend
and on behalf of the City, its officers, employees and
nst the City, its officers, employees, and agents arising
authorized site or sale, consumption, or possession of
I site.
District shall not discriminate against any person in
accommodation because of race, religion, color, creed,
national origin, sexual orientation, mental or physical
is or age. "Employment' shall include but not be limited
registering, classifying, promoting, or referring to
accommodation" shall include but not be limited to
ces, facilities, privileges and advantages to the public.
y may terminate this agreement 'upon written notice for
ion of this agreement.
16. ,Assignment and Subletting. District shall not assign or sublet this agreement
.without prior written �pproval of the City.
17. Entire Agreement. This constitutes the whole agreement between the parties,
;and may be modified in writing only, duly signed by the parties:
Dated, this; 15th
IOWA CITY AND IOWA CITY D
MUNICIPAL IMPROVEMENT D
Bird, Executive
THE CITY OF IOWA CITY
Fruin, City Manager
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Governmental Immunities Endorsement
1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Iowa City, Iowa
as Additional Insured does not waive any of the defenses of governmental immunity
available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of
insurance shall cover only those claims not subject to the defense of governmental
immunity under the Code of Iowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of Iowa Section 670.4
shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be
responsible for asserting any defense of governmental immunity, and may do so at
any time and shall do so upon the timely written request of the insurance carrier.
Nothing contained in this endorsement shall prevent the carrier from asserting the
defense of governmental immunity on behalf of the City of Iowa City.
4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits accruing
to the City of Iowa City, Iowa under this policy for reasons of governmental immunity
unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of
governmental immunity asserted by the City of Iowa City, Iowa.
5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa,
agree that the above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
4d(2)
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030
RESOLUTION NO. 16-308
RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT A, GENERAL
QUARTERS, PART ONE, IOWA CITY, JOHNSON COUNTY, IOWA, AND OUTLOT B, COUNTRY CLUB
ESTATES, FIFTH ADDITION AS PUBLIC OPEN SPACE.
WHEREAS, the City and Towne and Country Development Corporation entered into a
subdivider's agreement for General Quarters, Part One, recorded at Book 3808, Page 432, in the
records of the Johnson County, Iowa Recorder's Office, contemporaneously with the final platting
of said subdivision; and
WHEREAS, pursuant to said Subdivider's Agreement, Towne and Country agreed to dedicate
Outlot A to the City for public open space, and the City agreed to accept the dedication of said
outlot upon the satisfaction of certain conditions set forth in said agreement; and
WHEREAS, the City and S&J Development, LLP also entered into a subdivider's agreement for
Country Club Estates, Fifth Addition, recorded at Book 5168, Pages 362, in the records of the
Johnson County, Iowa Recorder's Office, contemporaneously with the final platting of said
subdivision; and
WHEREAS, pursuant to said Subdivider's Agreement, S&J Development agreed to dedicate
Outlot B to the City for public open space, and the City agreed to accept the dedication of said
outlot upon the satisfaction of certain conditions set forth in said agreement; and
WHEREAS, Staff finds that these conditions have been satisfied; and
WHEREAS, the City Council finds acceptance of said dedications to be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Acceptance of the above -referenced parcels for public open space, in a form of
conveyance approved by the City Attorney's Office, is hereby approved and authorized.
2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation
necessary to effectuate the acceptance of said dedications and to record the same at the
Towne and Country and S&J Development's expense.
Passed and approved this 15th day of November 2016.
MAYO o r
I/":�.
CI
App r ved by
City Attorney's Office a1(316,
Resolution No. 16-308
Page 2
It was moved by Cole and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
X
X
X
ABSENT:
X
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
CITY OF IOWA CITY
MEMORANDUM
DATE: November 7, 2016
TO: Geoff Fruin, City Manager
FROM: Jason Havel, City Engineer -'H
RE: Davenport Brick Street Reconstruction Project
Introduction:
This agenda item begins the design process for the Davenport Brick Street Reconstruction Project by
entering into a design services agreement.
History / Background:
Davenport Street between Clinton Street and Linn Street features a brick surfaced road that is in very
poor condition. The road does not have storm sewer drainage intakes within the block to help
promote drainage away from the roadway surface and base. The condition of the street has
prompted numerous complaints and is in need of improvements for increased safety.
Discussion of Solution:
This project involves reconstruction of a portion of Davenport Street. The design services agreement
with this resolution includes developing full construction plans, specifications, and construction
estimate for the project. The anticipated scope of design with this project will include:
• New street drainage system including storm sewer and subdrain tile
• Removal, salvage and re -installation of existing brick surface and installation of new concrete
curb and gutter
• Replacement of curb ramps to ADA standards
Financial Impact:
Staff has negotiated an hourly not -to -exceed consultant contract of $69,750 with McClure
Engineering. The cost for this design services agreement will be funded with Road Use Tax
funds available in account# S3850.
Recommendation:
Staff recommends proceeding with acceptance of the consultant services agreement with McClure
Engineering for the Davenport Brick Street Reconstruction Project.
cc: Ron Knoche, Public Works Director
Dave Panos, Senior Civil Engineer
4d(S)
Prepared by: Dave Panos, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5145
RESOLUTION NO. 16-309
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND MCCLURE ENGINEERING
COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
DAVENPORT BRICK STREET RECONSTRUCTION PROJECT.
WHEREAS, the City of Iowa City desires to improve traffic safety and longevity of Davenport
Street, from Clinton Street to Linn Street; and
WHEREAS, the City of Iowa City desires to reconstruct and replace the brick roadway of
Davenport Street to improve the street surface with rock base and drainage system; and
WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final
design for construction of the Davenport Brick Street Reconstruction Project; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
McClure Engineering Company, to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with McClure
Engineering Company; and
WHEREAS, funds for this project are available in the Davenport Brick Street Reconstruction
account #S3850.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Consultant's Agreement attached hereto is in the public interest, and is approved as
to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant's Agreement.
3. The City Manager is authorized to execute amendments to this contract as they may
become necessary.
Passed and approved this 15th day of November _,2Q 16
Y JR Pr
ATTEST:� A - /
CI LERK
Pllqn�ft�nt�
Approved by
City Attorney's Office
Resolution No. 16 -
Page 2
It was moved by Cole and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
X
x
x
x
x
x
ABSENT:
X
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of November
2016 , by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the City and McClure Engineering Company, of North Liberty, Iowa, hereinafter
referred to as the Consultant.
WHEREAS, The City of Iowa City desires to reconstruct infrastructure improvements including the
brick street surface of Davenport Street from Clinton Street to Linn Street; and
WHEREAS, The City of Iowa City desires the services of a consulting firm to prepare preliminary
and final design and construction documents for the Davenport Brick Street Reconstruction
Project; and
WHEREAS, The City of Iowa City developed a Request for Proposals and solicited design
services proposals from multiple design consultants; and
WHEREAS, The City of Iowa City has selected McClure Engineering Company of North Liberty,
Iowa based on the firm qualifications; and
WHEREAS, The City of Iowa City has negotiated an Agreement for said consulting services with
McClure Engineering Company; and
WHEREAS, the final design services shall include reconstruction plans for E Davenport Street
including reconstruction of the street with a concrete base while reusing the existing bricks,
upgrade storm sewer intakes and piping, upgrades to curb ramps to meet ADA standards as
necessary, from N Linn Street to N Clinton Street;
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein
SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner. Services provided should be further described in Attachment A, attached
and incorporated herein.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
The schedule of work to be performed shall conform to the schedule set forth in Attachment B,
attached and incorporated herein. Any deviations from the schedule may be approved in writing
by the authorized City representative.
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.
-2-
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer 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.
-3-
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 City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. 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
In consideration of the services, work, equipment, supplies, or materials provided herein, the City
agrees to pay the Consultant the following HOURLY NOT -TO -EXCEED FEE, including design
contingency, and any authorized reimbursable expenses, pursuant to the Schedule of Fees set
forth in Attachment C, attached and incorporated herein. A summary by -task and total of the
fees is shown below.
1. Project Management $ 6,750.00
2. Data Acquisition, Preliminary Design, and Acquisition Plats $ 35,000.00
3. Final Design $ 23,500.00
4. Letting and Construction $ 4,500.00
Total $69,750.00
Consultant shall bill City monthly for services and reimbursable expenses.
V. 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.
C. This Agreement shall be interpreted and enforced in accordance with the laws of the
State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be
brought in a court of competent jurisdiction in Johnson County, Iowa. The parties
hereto hereby submit to personal jurisdiction therein and irrevocably waive any
objection as to venue therein, including any argument that such proceeding has been
brought in an inconvenient forum.
-4 -
FOR THE CITY �\
By:
Title: Mayor Pro tem
November 1
ATTEST: 2&-2 & - X�E
pw1f6mslconsagmLfrm
FO HE CONSULTANT
By: �/G 4i
Title: l '
Date:
T
Agprow�tred by
City Attorney's Office
Date
Ito
McClure Engineering Co.
30616020-00
Davenport Brick Street Reconstruction
Iowa City, Iowa
ATTACHMENT "A"- SCOPE OF SERVICES
Davenport Brick Street Reconstruction
From N. Linn Street to N. Clinton Street
Iowa Citv. Iowa
The work to be performed by the Consultant under this agreement shall encompass and include all
detail work, services, materials, equipment and supplies necessary to complete the roadway
improvement plans for the project.
The proposed PROJECT includes the reconstruction of E Davenport Street from N Clinton Street to N
Dubuque Street, excluding the Dubuque Street intersection, and from N Dubuque Street to N Linn
Street. The current project includes a design involving the removal and reuse of existing brick pavers on
concrete sub slab and asphalt setting bed. Preliminary and Final design for eventual construction in
2017.
The DESIGN SERVICES to be provided with this contract include full design of the roadway including
roadway corridor redesign, curb and gutter, sidewalk patching, ADA compliance improvements at curb
ramps, storm water management improvements, possible utility relocation, and general plan
preparation. The total length of the final design plans for each block excluding the recently constructed
Concrete Dubuque Street intersection is approximately 700 LF.
The scope of services to be performed by the Consultant shall be completed in accordance with
generally accepted standards of practice and shall include the services to complete the following
tasks:
1. Project Management
1.01. Kick-off Meeting and Field Review with Owner
During this meeting the CONSULTANT will review and complete the Team Charter to identify
Project Development Team members and responsibilities. The CONSULTANT will also ask a
series of pre -developed questions known as a Design Decisions Review. These questions
relate to typical issues that appear on these types of projects and prevent unnecessary rework
later.
The Consultant will develop and submit to the City design criteria to be used in the developing
the intersection improvements. Criteria will conform to the Iowa Statewide Urban Design and
Specifications (SUDAS) standards and will be in English units. The criteria to be addressed
include:
• Functional classification and design type
• Design speed and Regulatory speed
• Design vehicles for intersection design
• Widths of travel lanes, parking areas and right-of-way
• Horizontal clearance
• Provisions for pedestrians and/or bicycles
• Utility corridor locations
The Consultant will prepare a brief technical memorandum documenting the proposed criteria.
The memorandum will be reviewed, revised, and approved by the City of Iowa City prior to
proceeding with subsequent tasks.
S:\ENG\DAPAN05\CIP\Davenport Brick Street\Des1gn\AGR-53850-110216-30616020- Page 1
Atta ch m e nts_rev i s e d 3_D P. d o cx
McClure Engineering Co.
30616020-00
Davenport Brick Street Reconstruction
Iowa City, Iowa
1.02. Periodic Client Meetings
Maintain communications with the Project Development Team and various other designated
representatives. The project development team will include the City of Iowa City Engineering
Department and McClure Engineering Co. Meet to review progress and to discuss specific
elements of the project design (assume two (2) meetings in Iowa City). The meetings will also
serve to promote a dialog between the various entities, improve the decision-making process,
and expedite design development. Prepare minutes of meetings and keep documentation of
other communications. For budget purposes, it is assumed that the meetings will be attended
by one (1) staff member of the Consultant.
1.03. Utility Coordination Meetings
The CONSULTANT will conduct meetings with individual utility companies to address specific
conflicts. It is anticipated that there will be two (2) meetings per each utility with
representatives of the various utility companies. The first will be to advise of the nature and
extent of the improvements and any potential conflicts with existing or proposed utility systems,
and the second will be preliminary/final design review and coordination meetings.
1.04. Neighborhood and Property Owner Meetings
The CONSULTANT shall attend and develop overall corridor project presentation boards for (1)
Presentation / Open House format Design meetings with the project neighborhood. Meeting to
be held at an available public location near the project site for the twenty (20) property owners.
1.05. Internal OA/OC Reviews
Establish review and checking procedures for project deliverables. Designate responsibility for
implementation of the plan.
1.06. Monthly Budget Tracking, Invoicing, and Reporting
The project manager will be responsible for staff scheduling and coordination, project
communications, monthly progress reporting and invoicing and other important elements of the
project. The project duration is assumed to be five (5) months.
Deliverables:
• Contract for Consulting Services
• Team Charter
• Design Criteria Memo
• Meeting Minutes
• Monthly Invoices
• Monthly Progress Reports
2. Data Acquisition and Preliminary Design
2.01. Document Research
This task includes a thorough search of CITY, County and State records to review all surveys
of record pertaining to the survey / project corridor, including County Auditor's Subdivisions
Plats, original government surveys, early surveys made by County Surveyors, all irregular land
survey and road establishment records. Copies of such records are to be included in the
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project file for future reference. The CITY shall provide aerial photographic and other available
mapping of the Project area.
2.02. Topographic Survey
The CONSULTANT shall perform field tasks required to collect full topographic survey within
the project corridor and proposed drainage areas deemed necessary to complete the project.
Larger drainage areas may be supplemented by LIDAR data. Control points will be established
for use with construction staking.
2.03. Utility Survey
The CONSULTANT shall perform utility surveys. Contact utility owners of record or the "one
call' representative, request that buried utilities be marked in the field and obtain existing utility
maps. Establish coordinates and elevations (if possible) for utilities that fall within the limits of
the project and are visible or have been marked on the ground by the utility owner.
This task consists of a field survey indicating the location of utilities within the existing right-of-
way for the project. The CONSULTANT shall field locate utility locations established by others;
excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include
phone, gas, fiber optic, water main, overhead/underground electrical, sanitary sewer and storm
sewer (including power poles, pedestals, valves and manholes). This includes establishing
manhole and intake elevations for existing sanitary sewers, storm sewers and culverts.
2.04. Right -of -Way Surveys
The CONSULTANT shall perform right-of-way surveys along both sides of the project corridor.
The right-of-way surveys shall be in-depth legal surveys for which easement exhibits may be
developed.
This task also includes obtaining sufficient field data to locate or establish property lines
affected by the project to enable the preparation of the improvement plans. This includes
locating section corners, property pins, and visible lines of occupation such as fences, field
divisions or any other lines, indicating possession. All property pins within the project corridor
that are missing shall be documented. A diligent effort must be made to recover existing land
corner monuments necessary to describe the right-of-way along the project corridor.
The task includes incorporation of property lines, right-of-way lines, and ownership of
properties affected by the project into the base mapping for the project. The base mapping will
identify the owners and approximate boundaries of all appropriate parcels within the survey
limits. Also included is resetting boundary or easement pins that are removed with the project,
as well as monumentation of new boundary limits.
2.05. Horizontal and Vertical Alignment
Task involves further development of the functional alignments within the project limits.
2.06. Corridor Model
Task involves further development of the corridor model to improve site conditions. Surface
and underground utility elements will be incorporated.
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Davenport Brick Street Reconstruction
Iowa City, Iowa
2.07. ADA Intersection Improvements
Task involves redesigning sidewalk ramps to incorporate current PROWAG and SUDAS
standards for ADA compliance. If needed curb -return vertical profiles and finished grade
elevations will be developed and refined under this task.
2.08. Storm Water Drainage
Task involves further development of the storm water drainage improvement needs. Final
locations, sizes, and elevations will be determined for the various elements. Analyzing the
existing and proposed hydrologic and hydraulic conditions. Input and output from the storm
water hydraulic model will be used to size elements shown in plans.
2.09. Utility Design (Sanitary and Water)
Based on the available information, work will be limited to adjustment of existing sanitary
structures and surface protruding water fixtures due to construction activities. No projections,
calculations, or modeling of flows are included, except by separate amendment to this contract.
2.10. Preliminary EOPC
Prepare a preliminary opinion of probable construction cost for each block of intersection and a
total anticipated project cost. Detailed quantity takeoffs will be developed for the preliminary
cost estimate and a smaller contingency amount will be included. Determine method for bidding
two (2) blocks as a whole, alternate items or separate bid packages.
Deliverables:
• Research Documents in PDF format
• Topo, Utility, and Property Surveys in AutoCAD format
• Preliminary EOPC
• Four (4) sets of Preliminary Plans at 11 x 17 size using SUDAS plan standards
• PDF
3. Final Design
The CONSULTANT will respond to comments resulting from the Preliminary Plan Review.
Recommended modifications will be incorporated into the final plan set.
3.01. Final Plans
Final modifications of the sheets as listed above.
3.02. Construction Easements and Exhibits
The CONSULTANT shall prepare easement plats, and legal descriptions for property rights to
be acquired for the project. For estimating purposes, plats are assumed to be required for the
following parcels:
• 400 N CLINTON ST
• 112 E DAVENPORT ST
• 120 E DAVENPORT ST
• 126 E DAVENPORT ST
• 128 E DAVENPORT ST
• 202 E DAVENPORT ST
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• 210 E DAVENPORT ST
• 214 E DAVENPORT ST
• 220 E DAVENPORT ST
• 222 E DAVENPORT ST
• 403 N LINN ST
• 304 E DAVENPORT ST
• 328 N LINN ST
• 225 E DAVENPORT ST
• 223 E DAVENPORT ST
• 217 E DAVENPORT ST
• 211 E DAVENPORT ST
• 328 N DUBUQUE ST
• 131 E DAVENPORT ST
• 328 N CLINTON ST
Davenport Brick Street Reconstruction
Iowa City, Iowa
The easements plats, and legal descriptions shall comply with requirements of the Iowa Code
and shall be prepared by or under the direct supervision of a duly licensed land surveyor under
the laws of the State of Iowa.
This task also consists of staking the easement locations for purposes of right-of-way
acquisition negotiations. The staking survey includes the marking of key easement location
points in order to visualize the locations in the field and shall also include marking of existing
property lines locations. For the purpose of this agreement, easements will be staked one (1)
time.
3.03. Easement Exhibits
Task includes final modifications of the easement exhibits after owner negotiations have
commenced.
3.04. Bid Items and Quantities
Task includes final determination of bid items and quantities for incorporation into the
construction documents. Determine method for bidding two (2) blocks as a whole, alternate
items or separate bid packages.
3.05. Specifications
Task includes final development of Estimate Reference Information and/or special provisions
for incorporation into the construction documents.
3.06. Contract Documents
Task includes development of project manual, including instructions to bidders, bid form,
various bond forms, conditions of the contract, and detailed construction specifications using
the Iowa Statewide Urban Design and Specifications (SUDAS). The project manuals will be
combined into a single PDF document.
3.07. Final Engineers Opinion of Probable Cost
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Task includes final completion of engineer's opinion of probable construction cost breakdown
for each block and for the total project. Detailed quantity takeoffs will be included and the
contingency amount will be removed.
3.08. Permits
The CONSULTANT will assist the City in preparing applications for permits from governmental
authorities that have jurisdiction to approve the design of the project and participate in
consultations with such authorities, as necessary. The CONSULTANT shall prepare the
following documents for the project
• Storm Water Pollution Prevention Plan (SWPPP)
• NPDES General Permit #2 for storm water discharge
Any fees for construction permits, licenses or other costs associated with permits and
approvals shall be the responsibility of the City. The CONSULTANT shall provide technical
criteria, written descriptions and design data for the City's use in filing the applications for
permits. The CONSULTANT shall prepare the permit applications and other documentation.
Deliverables:
• Preliminary Easement Exhibits
• Final Easement Exhibits
• Four (4) sets of Final Plans at 11 x 17 size using SUDAS plan standards
• Finished grade surface in Civil 3D XML format (if requested)
• One (1) electronic PDF format copy of all bid documents
• Electronic design base files compatible with AutoCAD 2017
• Drainage Report
• As Built Drawings
4. Letting and Construction
4.01. Plan Clarification and Addenda
The bid lettings shall be administered by the City. The Consultant shall assist the City during
the bid periods in answering questions regarding the design intent. The Consultant shall
prepare addenda as appropriate to interpret, clarify or expand the bidding documents. The City
shall distribute the plan clarification information and addenda to the project plan holders.
4.02. Letting, Bid Tabs, and Award Recommendation
The Consultant shall have a representative present when the bids and proposals are opened
and shall advise the City on the responsiveness of the bidders. The Consultant shall prepare
the tabulation of bids, and prepare the necessary contract documents for the project. The City
will award the contract,
4.03. Preconstruction Meeting
The Consultant shall attend a preconstruction meeting for the project with contractors,
suppliers, utility companies and City staff. It is anticipated that the City will perform
construction administration and observation services.
4.04. Contractor Questions During Construction
The Consultant shall answer design interpretation questions from City's Project Manager and
Contractors.
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4.05. Record Drawings
This task consists of preparation of construction record drawings defining the actual location of
improvements and fixtures. The Consultant shall prepare record drawings showing those
changes made during construction, based on the marked -up drawings and other data furnished
by the Contractor and the City's Resident Construction Observer.
Deliverables:
• Contract Addenda, as required
• Tabulation of Bids
• Letter Recommending Award of Contract
• One (1) reproducible copy of the record drawings in PDF format
ADDITIONAL SERVICES:
Additional Services are not included in this Agreement. If authorized under a Supplemental
Agreement the Consultant shall furnish or obtain from others the following services:
1. Geotechnical Investigation
2. Water main, lateral and service design
3. Sanitary main, lateral and service design
4. Structural design
5. Traffic projections
6. Landscaping design
7. Right-of-way negotiation and acquisitions
8. Report of record ownership and liens (title searches)
9. Preparation of environmental evaluation and documentation
10. Eminent domain proceedings
11. Relocation assistance
12. Right-of-way closing/recording services
13. Condemnation services
14. Construction period services (administration, observation, and survey)
15. Shop drawing review
16. Construction testing services
Changes in Scope of Services:
The City may request Additional Services from the Consultant not included in the Scope of Services
as outlined. Additional services may include, but not be limited to, expanding the scope of the
project and work to be completed; requesting the development of various documents; construction
services; or requesting additional work items that increases the Engineering Services and
corresponding costs. Upon initiation of Additional Services, the Consultant will submit the estimated
cost. Such costs will be based on the current hourly rates and fixed expenses as outlined in the
Consultant's attached Standard Fee Schedule. Any additional services or modifications to this
Agreement shall be in writing and executed prior to commencement of any such additional
services.
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ATTACHMENT"B"- SCHEDULE
Davenport Brick Street Reconstruction
From N. Linn Street to N. Clinton Street
Iowa City, Iowa
Davenport Brick Street Reconstruction
Iowa City, Iowa
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown; assuming contract approval by the City Council on November 15, 2016 and execution of the
contract by city officials by November 16, 2016.
Phase/Milestone
Contract Approval
Kickoff Meeting with City staff
Complete Field Survey
Field meeting with utility companies
Submit 60% Plans and Cost Estimate to City
Review 60% Plans and Cost Estimate with City
Submit 90% Plans, Specifications and Cost Estimate to City
Begin Property Acquisition Process if Needed
Review 90% Plans, Specifications and Cost Estimate with City
Council adopt Plans/Specs/Form of Contract/Public Hearing
Project Bid Date
Report Bids to Council
Council to Award
Construction
Approximate Completion Date
November 15, 2016
November 17, 2016
November 23, 2016
December 14, 2016
January 26, 2016
February 3, 2017
February 23, 2017
February 23, 2017
March 3, 2017
March 21, 2017*
March 24,2017*
April 11, 2017*
April 18, 2017*
May - August 2017*
* These dates may vary if property acquisition of any kind is required for the
project. Variation in project schedule due to property acquisition shall be accommodated by
the Consultant at no additional cost to the City.
If notice to proceed is given at a later date, time of completion shall be extended accordingly.
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30616020-00 Iowa City, Iowa
ATTACHMENT "C"- STANDARD RATES
Davenport Brick Street Reconstruction
From N. Linn Street to N. Clinton Street
Iowa City, Iowa
McCLURE ENGINEERING COMPANY
HOURLY RATE SCHEDULE
(Effective for duration of this contract)
PERSONNEL
HOURLY RATE
Administrative.........................................................................................................................................
$65.00
StaffEngineer......................................................................................................................................$100.00
ProjectEngineer................................................................................................................................$125.00
SeniorProject Engineer.......................................................................................................................$175.00
ProjectManager................................................................................................................................$155.00
Principal................................................................................................................................
$200.00
SeniorPrincipal................................................................................................................................$225.00
Senior Engineering Technician................................................................................................$120.00
Engineering Technician(ET)..................................................................................................................$90.00
Registered Land Surveyor...................................................................................................................$155.00
LandscapeArchitect.............................................................................................................$120.00
On -Site Representative(OSR)...............................................................................................................$85.00
Senior On -Site Representative (OSR).................................................................................................$120.00
CrewChief (CC) ..................................................................................................................................$90.00
CrewMember(CM)................................................................................................................................$75.00
SurveyCrew................................................................................................................................$200.00
Survey Crew with Scanner...................................................................................................................$260.00
InternCrew Member................................................................................................................$60.00
MISCELLANEOUS EXPENSES
Survey Vehicle Mileage....................................................................................................................
$0.70/Mile
Automobile Mileage........................................................................................................................
$0.540/Mile
Plans.............................................................................................................................
$0.15/Sq. Ft.
Vellums... ........................................................................................... ......... ......................
$0.55/Sq.Ft.
Out -of -Pocket Expenses (Meals, Hotels, etc.)............................................................................At
Cost +10%
Large Format Color Prints.............................................................................................................
$5.25/Sq. Ft
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REEMENT
THIS AGRE ENT, made and entered into this' th day of November
2016 , by and between the City of Iowa City, a munic' al corporation, hereinafter
referred to as tk City and McClure Engineering Company, ofN Liberty, Iowa, hereinafter
referred to as the onsultant.
WHEREAS, the Cl desires to secure the services of
services related to the roposed Davenport Brick Street R
WHEREAS, the final d sign services shall include rec
including reconstruction f the street with a concre
upgrade storm sewer int kes and piping, upgrade to
necessary, from N Linn Str et to N Clinton Street;
NOW THEREFORE, it is a eed
contract with the Consultant to rot
I. SCOPE OF SERVICES
Consultant agrees to perform the
satisfactory manner. Services pr(
and incorporated herein.
IL TIME OF COMPLETION /
to provide engineering
struction plans for E Davenport Street
base while reusing the existing bricks,
curb ramps to meet ADA standards as
by and be een the parties hereto that the City does now
de serviW as set forth herein
ing services for the City, and to do so in a timely and
should be further described in Attachment A, attached
The Consultant shall comple the foilo�ying phases of the Project in accordance with the
schedule shown. \\
The schedule of work to performed shall nform to the schedule set forth in Attachment A
attached and incorporat herein. Any deviate ns from the schedule shall be approved by the
authorized City/ags
ative.
III. GENES
A. ultant shall not commit any of the following employment practices and
prohibit the following practice inany subcontracts.
discharge or refuse to hire a individual because of their race, color,
igion, sex, national origin, disab 'tyage, marital status, gender identity,
sexual orientation.
2. To discriminate against any individual 'n terms, conditions, or privileges of
employment because of their race, c lor, religion, sex, national origin,
disability, age, marital status, gender iden ty, or sexual orientation.
Should the City terminate this Agreement, the Con Itant 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 ection IV. The City may
terminate this Agreement upon seven (7) calendar d ys' written notice to the
Consultant.
-2-
C. This Agreement shall be binding upon the successors and assigns of the ies
hereto, provided that no assignment shall be without the written con t of all
Parties to said Agreement.
D\exclusive,
derstood and agreed that the retention of the Consultant the City for the
e of the Project shall be as an independent contr ctor and shall be
but the Consultant shall have the right to empl such assistance as
e required for the performance of the Project.Ereed by the City that all records and files pertai ' g to Information needed by
onsultant for the project shall be available said City upon reasonable
tto the Consultant. The City agrees to fur ish all reasonable assistance in
e of these records and files.
F. It is fu er agreed that no Party to this Agr ement shall perform contrary to any
state, fe ral, or local law or any of the ord' ances of the City of Iowa City, Iowa.
G. At the req st of the City, the Consults shall attend meetings of the City Council
relative to t work set forth in this reement. Any requests made by the City
shall be given ith reasonable notice o the Consultant to assure attendance.
H. The Consultan agrees to furnish upon termination of this Agreement and upon
demand by the ' , copies of a asic notes and sketches, charts, computations,
and any other d a prepar or obtained by the Consultant pursuant to this
Agreement without ost, and ithout restrictions or limitation as to the use relative
to specific projects c vered nder this Agreement. In such event, the Consultant
shall not be liable for t C' s use of such documents on other projects.
I. The Consultant agrees furnish all reports, specifications, and drawings, with the
seal of a professional n ineer affixed thereto or such seal as required by Iowa
law.
J. The City agrees to ender Consultant all fees in a timely manner, excepting,
however, that fail a of the C suitant to satisfactorily perform in accordance with
this Agreement all constitute grounds for the City to withhold payment of the
amount suffici t to properly omplete the Project in accordance with this
Agreement.
K. Should any ection of this Agree ent
remaining p rtion shall be deemed se er
in full force nd effect.
L. Original ntract drawings shall become
shall be flowed to keep mylar reproduc
use.
M. Feesaid for securing approval of auth
will
,/aid
by the City.
be found invalid, it is agreed that the
able from the invalid portion and continue
property of the City. The Consultant
copies for the Consultants own filing
jurisdiction over the Project
N./professional
n signing this agreement, Consultant ackno dged that Section 362.5 of the
Code prohibits a City officer or employee from aving an interest in a contract
the City, and certifies that no employee or offs of the City, which includes
bers of the City Council and City boards and co issions, has an interest,
r direct or indirect, in this agreement, that does not fa lthin the exceptions to
statutory provision enumerated in Section 362.5.
O.Consultant agrees at all times material to this Agreement to have and maintain
liability insurance covering the Consultant's liability for the
Consultants negligent acts, errors and omissions to the City in the sum of
$1,000,000.
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IV. \ COMPENSATION FOR SERVICES
In con aeration of the services, work, equipment, supplies, or materials prov' ed herein, the City
agrees pay the Consultant the following HOURLY NOT -TO -EXCEED E, including design
continge and any authorized reimbursable expenses, pursuant toXe Schedule of Fees set
forth in A achment C, attached and incorporated herein. A sum ry by -task and total of the
fees is sho below.
ProjectManagement $ 6,750.00
2, ata Acquisition, Preliminary Design, and Acquis" n Plats $ 35,000.00
3. final Design $ 23,500.00
4. L tting and Construction $ 4,500.00
Total $69,750.00
Consultant shall bill ity monthly for services and r mbursable expenses. Payment shall be due
and payable within thi (30) days of the City's re ipt of invoice.
V. MISCELLANEO S
A. All provisions the Agree me shall be reconciled in accordance with the generally
accepted standa s of the En nearing Profession.
B. It is further agree that thjire are no other considerations or monies contingent upon
or resulting from thex tion of this Agreement, that it is the entire Agreement, and
that no other monies nsiderations have been solicited.
C. This Agreement sha interpreted and enforced in accordance with the laws of the
State of Iowa. Any al oceeding instituted with respect to this Agreement shall be
brought in a court f com tent jurisdiction in Johnson County, Iowa. The parties
hereto hereby
s mit to p rsonal jurisdiction therein and irrevocably waive any
objection as to v nue therein, ' cluding any argument that such proceeding has been
brought in an in onvenient Toru
FOR THE CITY / \ FOR THE CONSULTANT
IN
ATTEST:
by:
City Atlilys Office
Date ��/ O
t,
pwvamm Cmsw*.hm
McClure Engineering Co.
SCOPE
Davenport Brick Street Reconstruction
From N. Linn Street to N. Clinton Street
Davenport Brick Street
City, Iowa
The work to be pert ed by the Consultant under this agreement hall encompass and include all
detail work, services, ateriels, equipme/nE
supplies necess to complete the roadway
improvement plans for he project.
The proposed PROJEC chides the rection of E D enport Street from N Clinton Street to N
Dubuque Street, excluding he Dubuque Sntersectio and from N Dubuque Street to N Linn
Street. The current project i hides a desiolving th removal and reuse of existing brick pavers on
concrete sub slab and asphal ening bedinary nd Final design for eventual construction in
2017.
The DESIGN SERVICES to be ovided i contract include full design of the roadway including
roadway corridor redesign, curb an guttealk patching, ADA compliance improvements at curb
ramps, storm water management i rov, possible utility relocation, and general plan
preparation. The total length of the fi aI'plans for each block excluding the recently constructed
Concrete Dubuque Street intersection i amately 700 LF.
The scope of services to be performed the Consultant shall be completed in accordance with
generally accepted standards of pra ce d shall include the services to complete the following
tasks: �
1. Project Management
1.01. Kick-off Meeting an ield Review ith Owner
During this meeting a CONSULTANT ill review and complete the Team Charter to identify
Project Developm t Team members an responsibilities. The CONSULTANT will also ask a
series of pre-dev oped questions known a a Design Decisions Review. These questions
relate to typical sues that appear on these as of projects and prevent unnecessary rework
later.
The Consu nt will develop and submit to the Cit eslgn criteria to be used in the developing
the inters ion improvements. Criteria will confo to the Iowa Statewide Urban Design and
SpeciFl Ions (SUDAS) standards and will be in Eng1kh units. The criteria to be addressed
Functional classification and design type \
Design speed and Regulatory speed
Design vehicles for intersection design
Widths of travel lanes, parking areas and right-of-way
Horizontal clearance
Provisions for pedestrians and/or bicycles
Utility corridor locations
The Consultant will prepare a brief technical memorandum documenting a proposed criteria.
The memorandum will be reviewed, revised, and approved by the City of I a City prior to
proceeding with subsequent tasks.
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2.
Periodic Client Meetings
Davenport Brick Street Reconstruction
fDws City, Iowa
aintain communications with the Project Development Team and v bus other designated
re esentatives. The project development team will include the C' of Iowa City Engineering
Dep ment and McClure Engineering Co. Meet to review pro ss and to discuss spec f c
eleme is of the project design (assume two (2) meetings in I a City). The meetings will also
serve to romote a dialog between the various entities, im ove the decision-making process,
and expe 'te design development. Prepare minutes of Pro ss
and keep documentation of
other com nications. For budget pu poses, lis as ed that the meetings will be at
by one (1) St
member of the an
1.03. Utility Coordin lion Meetings
The CONSULTA will conduct m/bo
ndividual utility companies to address specific
conflicts. it is antici ted that ther) meetings per each utility with
representatives of the adous utilitThe first will be to advise of the nature and
extent of the improvem is and anflicts with existing or proposed utility systems,
and the second will be p liminaryview and coordination meetings.
1.04. Neighborhood and Prol
The CONSULTANT shall
Presentation / Open Hou
be held at an available pl
1.05. Internal QA/QC Revits
Establish review an check
implementation of a plan.
1.06. Monthly Bt
The project
project.
wner Meetings
and develop overall corridor project presentation boards for (1)
t Design meetings with the project neighborhood. Meeting to
jion near the project site for the twenty (20) property owners.
i
for project delive `De to responsibility for
g Tracking, Invoicing, an sporting
ager will be responsible for s If scheduling and coordination, project
ns, monthly progress reporting a invoicing and other important elements of the
project duration is assumed to be fi (5) months.
• Cont ct for Consulting Services
• Te Charter
• D sign Criteria Memo
• eeting Minutes
• onthly Invoices
Monthly Progress Reports
Document Research
This task includes a thorough search of CITY, County and State records t
of record pertaining to the survey / project corridor, including County Audit
Plats, original government surveys, early surveys made by County Survel
survey and road establishment records. Copies of such records are to be
all surveys
irregular land
!din the
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\project file for future reference. The CITY shall provide aerial photographic d other available
mapping of the Project area.
2.02. ographic Survey
The ONSULTANT shall perform field tasks required opographic survey within
the pro ct corridor and proposed drainage areas deery to complete the project.
Larger dr ' age areas may be supplemented by LIDAd/rol points will be established
far use with nstruction staking.
2.03. Utility Survey
The CONSULTAN hall perform utility
call' representative, r uest that buried
maps. Establish coordi tea and elevati
the project and are visibl r have been
4Contact utility owners of record or the "one
e marked in the field and obtain existing utility
)ssible) for utilities that fall within the limits of
on the ground by the utility owner.
This task consists of a field s ey in cating the location of utilities within the existing right-of-
way for the project. The CON L NT shall field locate utility locations established by others;
excavating to expose buried utili s is not part of this contract. Utilities to be surveyed include
phone, gas, fiber optic, water ain, overhead/underground electrical, sanitary sewer and storm
sewer (including power pole , pedes Is, valves and manholes). This includes establishing
manhole and intake eleva' ns for axis 'ng sanitary sewers, storm sewers and culverts.
2.04. Right -of -Way Survey
The CONSULTANT hall perform right -of- surveys along both sides of the project corridor.
The right-of-way s rveys shall be in-depth I I surveys for which easement exhibits may be
deve/Sion
This cludes obtaining sufficient field da to locate or establish property lines
affecroject to enable the preparation of t e improvement plans. This includes
locatcorners, property pins, and visible lin of occupation such as fences, field
divisother lines, indicating possession. All p party pins within the project corridor
that shall be documented. A diligent effort st be made to recover existing land
comnts necessary to describe the right-of-wa long the project corridor.
tas'n 'ude
s incorporation of property lines, right-of-wa lines, and ownership of
operfies affected by the project into the base mapping for th project. The base mapping will
dentjfy the owners and approximate boundaries of all appropria parcels within the survey
limits. Also included is resetting boundary or easement pins
that re removed with the project,
swell
as monumentation of new boundary limits.
Horizontal and Vertical Alignment
Task involves further development of the functional alignments within th project limits.
2.06. Corridor Model
Task involves further development of the corridor model to improve site con ions. Surface
and underground utility elements will be incorporated.
\\MCECCORGCFP02\CORSys1\Projects\IAC_030616020\Cler\Admin\Agreeme nt\AGR-53850-11.02.16-30616020-
Attachments.docx
16 e Engineering Co. Davenport Brick Street R nstruction
160 \AA
owe City, Iowa
2.07rsection Improvements
lves redesigning sidewalk ramps to incorporate current PRO G and SUDAS
for ADA compliance. If needed curb -return vertical profile and finished grade
s will be developed and refined under this task.
2.08. Storm Wat Drainage
Task involves Cher development of the storm water diai ge improvement needs. Final
locations, sizes, nd elevations will be determined fort various elements. Analyzing the
existing and pro__
d hydrologic and hydraulic condi ns. Input and output from the storm
water hydraulic mod\infation,
d to size element hown in plans.
2.09. Utility Design (Santer)
Based on the availawork wil a limited to adjustment of existing sanitary
structures and surfawaterfi res due to construction activities. No projections,
calculations, or modare inc ded, except by separate amendment to this contract.
2.10. Preliminary EOPC
Prepare a preliminary opinion A
nstruction cost for each block of intersection and a
total anticipated project cost. ity takeoffs will be developed for the preliminary
cost estimate and a smaller count will be included. Determine method for bidding
two (2) blocks as a whole, alteseparate bid packages.
Deliverables:
• ResearcIrespond
s i I format
• Topo, Urty Surveys in AutoCA\flinalplan
• Prelimin
• Four (4)minary Plans at 11 x 17 lan standards
• PDF
3. Final Design
The CONSULTond to comments resultiary Plan Review.
Recommendeds will be incorporated into
3.01. Final PlAhs
Final 'difications of the sheets as listed above.
3.02. Co truction Easements and Exhibits
T CONSULTANT shall prepare easement exhibits, and legal descriptions r property rights
I be acquired for the project. For estimating purposes, acquisition plats and t mporary
asements are assumed to be required for the following parcels:
. 400 N CLINTON ST
. 112 E DAVENPORT ST
. 120 E DAVENPORT ST
• 126 E DAVENPORT ST
128 E DAVENPORT ST
202 E DAVENPORT ST
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McClure Engineering Co.
30616020-00
. 210 E DAVENPORT ST
. 214 E DAVENPORT ST
. 220 E DAVENPORT ST
. 222 E DAVENPORT ST
. 403 N LINN ST
'04E
DAVENPORT ST
328 N LINN ST
5 EEDAVENPORT ST
22 DAVENPORT ST
217 DAVENPORT ST
211E IkAVENPORT ST
328 N DblBUCUE ST
131 E DAVKNPORT ST
328 N CLINTQN ST
The easements, and legd
shall be prepared by or ui
laws of the State of Iowa.
Davenport Brick Street Reconstruction
Iowa City, Iowa
a DRAF7-
Yl6ns shall comply with requirements of the Iowa Code and
direct supervision of a duly licensed land surveyor under the
This task also consists of aking a easement locations for purposes of right-of-way
negotiations. The stakin survey in des the marking of key easement location points in order
to visualize the locatio in the field a shall also include marking of existing property lines
locations. For the p ose of this agreeVent, easements will be staked one (1) time.
3.03. Easement Exhib
Task includes fi I modfications of the
commenced.
3.04. Bid Itemsd lluantlties
Task inclu es final determination of bid items and
constru n documents. Determine method for bi
Items o separate bid packages.
3.05.
exhibits after owner negotiations have
6 includes final development of Estimate Reference
incorporation into the construction documents.
for incorporation into the
(2) blocks as a whole, alternate
and/or special provisions
Contract Documents
Task includes development of project manual, including instructions to b\ecn
d form,
various bond forms, conditions of the contract, and detailed constructiontions using
the Iowa Statewide Urban Design and Specifications (SUDAS). The proals will be
combined into a single PDF document.
3.07. Final Engineers opinion of Probable Cost
Task includes final completion of engineer's opinion of probable construction cost bre,
for each block and for the total project. Detailed quantity takeoffs will be included and
contingency amount will be removed.
\\MCECCORGCFP02\CORSys1\Projects\IAC_030616020\Cler\Admin\Agreement\AGR-53850-11.02.16-30616020- Page 5
Attachments.doa
McClure Engineering Co.
3061602k00
Davenport Brick Street
Iowa City, Iowa
3.08. Perm
The CXbe
LTANT will assist the City in preparing applications f permits from governmental
authoat have jurisdiction to approve the design of the P ted and participate in
consuwith such authorities, as necessary. The C ULTANT shall prepare the
followants for the project
r
•m ter Pollution Prevention Plan (SW
®P
•ES neral Permit #2 for stone wat charge
Any fconst tion permits, licenses or o costs as
with permits and
approall be the esponsibility of the Ci . The CONSULTANT shall provide technical
criterien descripti s and design da for the City's use in filing the applications for
perme CONSULTA T shall prep a the permit applications and other documentation.
Deliverables:
• Preliminary Easement E
• Final Easement Exhibits
• Four (4) sets of Final Pis
• Finished grade surface i
• One (1) electronic PDF)
• Electronic design bast
t 11 17 size using SUDAS plan standards ` O
vil 3D X L format (if requested) F
at copy o II bid documents k
compatible ith AutoCAD 2017
• Drainage Report
• As Built Drawings
4. Letting and Constru Ion
4.01. Plan Clan is on and Addenda
The bid letti s shall be administered by the City. Th Consultant shall assist the City during
the bid pe ' ds in answering questions regarding the d ign intent. The Consultant shall
prepare a denda as appropriate to interpret, clarify or ex and the bidding documents. The City
shall dis Ibute the plan clarification information and adden a to the project plan holders.
4.02. Lettirili Bid Tabs, and Award Recommendation
The onsultant shall have a representative present when the b s and proposals are opened
an shall advise the City on the responsiveness of the bidders. a Consultant shall prepare
th tabulation of bids, and prepare the necessary contract docume s for the project. The City
ill award the contract,
Preconstructlon Meeting
The Consultant shall attend a preconstruction meeting for the project with
suppliers, utility companies and City staff. It is anticipated that the City will
construction administration and observation services.
Contractor Questions During Construction
The Consultant shall answer design interpretation questions from City's Project Ma ger and
Contractors.
4.06. Record Drawings
This task consists of preparation of construction record drawings defining the actual locati of
improvements and fixtures. The Consultant shall prepare record drawings showing those
\\MCECCORGCFP02\CORSysl\Projects\IAC_030616020\Cler\Admin\Agreement\AG R-53850-11.02.16-30616020- Page 6
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70
McClure Engineering Co.
Davenport Brick
City, Iowa
\ADDITIONALSERVI
es made during construction, based on/hed
p drawings an other data furnished
Contractor and the City's Resident Coserver.
s:
tract Addenda, as required
• I tion of Bids
• te commending Award of Contract
• e (1) roducible copy of the record drformat
SERVI S:rvices are �f included in this Agreemzed under a Supplemental
e Consultan shall furnish or obtain frofollowing services:
1. Geotechnicallnves" anon
2. Water main, lateral a service desig
3. Sanitary main, lateral a service d ign
4. Structural design
5. Traffic projections
6. Landscaping design
7. Right-of-way negotiation an quisitions
6. Report of record ownershi an .liens (title searches)
9. Preparation co rivironm tai ev ation and documentation
10. Eminent domain proce dings
11. Relocation assistanc
12. Right-of-way closin carding servic
13. Condemnation se ices
14. Construction peri d services (administrat ,observation, and survey)
15. Shop drawing r iew
16. Construction t sting services
Changes in Scope of ervices:
The City may reques Additional Services from the Consult ' t not included in the Scope of Services
as outlined. Additio al services may include, but not be limitto, expanding the scope of the
project and work t be completed; requesting the developme,.of various documents; construction
services; or requ sting additional work items that increases the �pgineedng Services and
corresponding sts. Upon initiation of Additional Services, the bb,,ppppppsultant will submit the estimated
cost. Such co swill be based on the current hourly rates and foce�xpenses as outlined in the
Consultant's ached Standard Fee Schedule.
\\MCECCORGCFP02\CORSysl\Projects\IAC_030616020\Cler\Admin\Agreement\AGR-53850-11.02.16-30616020- Page 7
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Engineering Co.
Davenport Brick Street Reconstruction
From N. Linn Street to N. Clinton Street
Iowa City, Iowa
Davenport Brick Street Reconstruction
Iowa City, Iowa
The Consultant shall corn to the following phases of the Project in accordance
shown; assuming notice Nosed is issued by the City on or before November
Phase/Milestone
Contract Approval
Kickoff Meeting with City staff
Complete Field Survey
Field meeting with utility companles
Submit 60% Plans and Cost Estimate to City
Review 60% Plans and Cost Estimate with City
Submit 90% Plans, Speciflcatlons and Cost Esti
Review 90% Plans, Specifications and Cast Esti
Submit 100% Plans, Specifications and Cost
Council adopt Plans/Specs/Form of Con F
Project Bid Date
Report Bids to Council
Council to Award
Construction
Project Closeout
with
to City
Hearing
If notice to proceed is gAn at a later date, time of completion shall be extended
November 15, 2016
November 17, 2016
November 23, 2016
December 14, 2016
January 26, 2016
February 3, 2017
February 23, 2017
March 3, 2017
March 16, 2017
March 21, 2017
March 24, 2017
April 11, 2017
April 18, 2017
May - August 2017
November 2017
\\MCECCORGCFP02\CORSysl\Projects\IAC_030616020\Cler\Admin\Agreement\AGR-53850-11.02.16-30616020- Page a
Attechments.doa
McClure Engineering Co.
ATTACHMENT "C" -
Davenport Brick Street Reconstruction
From N. Linn Street to N. Clinton Stree!
Staff Engineer ..................... ...........
Project Engineer 6666.
Senior Project Engineer ................
Project Manager ............................
Principal ............................
Senior Principal ............................
Senior Engineering Technician......
Engineering Technician (ET)..........
Registered Land Surveyor............
McCLURE ENGINEERING
HOURLY RATE SCHI
(Effective through Decent'
Davenport Brick Street Reconstruction
Iowa City, Iowa
TES
31,2016)
HOURLY RATE
...................................................... $65.00
.................................................... $100.00
........................ ................ ._.........------
................................................................................$175.00
-
...................................................................................
$155.00
......................................................................
I............ $200.00
...................................................................................
$225.00
......................................................................
$120.00
Landscape Architect ......... .....................................
On -Site Representative SR) .........................................
Senior On Site Repre ntative (OSR) .............................
CrewChief (CC)..........................................................
CrewMember (C ..........................................................
SurveyCrew ................6........6......66.........6...........4...
Survey Crew ith Scanner....................4.....6......6...........4
InternCre ember.............................................................................
..............................................................$90.00
............................................................ $155.00
....................................................... $120.00
.......................................... $120.00
............................................ $90.00
............................................ $75.00
cle Mileage .....................
Mileage...........................
peliulua.......................................
Out -of -Pocket Expenses (Meals, Hotels,
Large Format Color Prints ......................
I ...... I........ $60.00
.$0.70/Mlle
$0.540/Mlle
X0.15/Sq. Ft
��j5/Sq. Ft
Costk 10%
\\MCECCORGCFP02\CORSys1\Projects\IAC_030616020\Cler\Admin\Agreement\AGR-S3850-11.02.16-30616020- Page 9
Attachments.docx
11-15-16
Prepared by: Jason Havel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410
RESOLUTION NO.
RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN, PAVING AND
EROSION CONTROL PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES
— PART SIX, 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:
Water main improvements for Wild Prairie Estates — Part Six, as constructed by Maxwell
Construction, Inc. of Iowa City, Iowa.
Paving and erosion control improvements for Wild Prairie Estates — Part Six, 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 City of Iowa City has notified those contractors listed previously of the date on
which it will consider acceptance of the aforementioned public improvements; 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 day of
ATTEST:
CITY CLERK
It was moved by
AYES: NAYS:
MAYOR
20
Approved by
,JA Lf
City Attorney's Office tf y /fes
and seconded by_
ABSENT:
the Resolution be
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
ENGINEER'S REPORT
November 9, 2016
Az
-•...rte
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
City Clerk
Iowa City, Iowa
Re: Wild Prairie Estates - Part Six
Dear City Clerk:
I hereby certify that the construction of the water main, paving and erosion control
improvements for Wild Prairie Estates - Part Six have been completed in substantial
accordance with the plans and specifications prepared by MMS Consultants, Inc. of Iowa City,
Iowa. The required maintenance bonds are on file in the City Clerk's Office for the water main
improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving
improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa in substantial accordance
with the plans and specifications.
I recommend that the above -referenced improvements be accepted by the City of Iowa City
Sincerely, /
4�
Jason Havel, P.E.
City Engineer
r
11-15-16
-�� CITY OF IOWA CITY 4
MEMORANDUM
Date: November 7, 2016
To: Geoff Fruin, City Manager
From: Dan Striegel- Equipment Superintendent
Re: November 15, 2016 City Council Meeting
Introduction: At the November 15, 2016 City Council meeting, consideration will be given for a
resolution approving the purchase of one new 2017 John Deere 710LXT Backhoe Loader from
Martin Equipment in Cedar Rapids, IA.
History/Background: The Iowa City Water Distribution Division currently has a 2000 model
year backhoe loader that is used on a regular basis for water main repairs. This unit has
exceeded its anticipated useful life and is in need of replacement.
Discussion of Solutions: The National Joint Powers Alliance (NJPA) Cooperative contract #
32515JDC will be utilized for the purchase of this backhoe loader which affords a 38% discount
off of list price. Contract price for the backhoe loader is $163,155.73 as per Martin Equipment
quote #7000312 dated November 4, 2016.
Financial Impact: The total cost for this backhoe loader including delivery and training is
$163,155.73 after contract discount. Funds for this purchase are available in account 81710520
and the current backhoe loader will be sold or traded in when the new unit is placed in service.
Recommendation: Due to the age and condition of the current backhoe loader, it is
recommended that the purchase of this new backhoe loader be approved.
Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197
RESOLUTION NO. 16-310
RESOLUTION AUTHORIZING THE PROCUREMENT OF ONE BACKHOE
LOADER
WHEREAS, one of the City's current backhoe loaders is budgeted for replacement; and
WHEREAS, National Joint Powers Alliance (NJPA) Cooperative Contract # 32515-JDC will be
utilized for this purchase; and
WHEREAS, the total purchase price of the backhoe loader is $163,155.73; and
WHEREAS, this amount exceeds the City Manager's spending authority of $150,000.00, thus
requiring City Council approval; and
WHEREAS, funds for this purchase are available in account 81710520; and
WHEREAS, approval of this procurement is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The proposed procurement as described above is approved.
2. The City Manager is authorized to take the steps necessary to make the purchase.
Passed and approved this 15th day of November _,2016.
fiT+r`TI�1�--
)/ Approved by
ATTEST: A �
CIT CLERK City Attorney's Office
Resolution No. 16-310
Page 2
It was moved by Cole and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Prepared by: Andrew Chappell, Assistant CountyAttorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-311
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY DELI MART #2
WHEREAS, on November 5, 2015, an employee of Deli Mart #2 violated Section 453A.2(1) of the Code
of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor;
and
WHEREAS, at the time of this violation Deli Mart #2 held a retail cigarette permit and was located at 1920
Lower Muscatine Rd., Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(l); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and
WHEREAS, the Deli Mart #2 employee who violated Section 453A.2(1) held a valid certificate of
completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of
the violation; and
WHEREAS, Deli Mart #2 wishes to assert the affirmative defense set out in Section 453A.22(3) in order to
avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment
of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a
four-year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of Deli Mart #2 again violates Section 453A.2(1) within a four-year period, Deli Mart
#2 will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity
for hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City
Council should accept Deli Mart #2's use of a Section 453A.22(3) affirmative defense and should accept
Deli Mart #2's signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson
County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder
via regular mail sent to the permit holder's place of business as it appears on the application for a retail
cigarette permit.
PASSED AND APPROVED: November 15, 2016
Pro °tem
ATTEST: /�7C
City Clerk, City of Iowa City
4d(6)
Resolution No. 16-311
Page 2
It was moved by Cole and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
.. r�
4d(7)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-312
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY DELI MART
WHEREAS, on November 2, 2015, an employee of Deli Mart violated Section 453A.2(1) of the Code of
Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor; and
WHEREAS, at the time of this violation Deli Mart held a retail cigarette permit and was located at 525
Highway 1 West, Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and
WHEREAS, the Deli Mart employee who violated Section 453A.2(I) held a valid certificate of completion
of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the
violation; and
WHEREAS, Deli Mart wishes to assert the affirmative defense set out in Section 453A.22(3) in order to
avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment
of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a
four-year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of Deli Mart again violates Section 453A.2(1) within a four-year period, Deli Mart will
be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity for
hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City
Council should accept Deli Mart's use of a Section 453A.22(3) affirmative defense and should accept Deli
Mart's signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson
County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder
via regular mail sent to the permit holder's place of business as it appears on the application for a retail
cigarette permit.
PASSED AND APPROVED: November 15, 2016
Mayor, C, y o
fro fern
ATTEST:Q��iy!/
City Clerk, City of Iowa City
Resolution No.
Page 2
16-312
It was moved by Cole and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS
x
x
x
X
X
x
ABSENT:
X
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
4d(8)
nnm�
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-313
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY JOHN'S GROCERY
WHEREAS, on June 1, 2016, an employee of John's Grocery violated Section 453A.2(1) of the Code of
Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor; and
WHEREAS, at the time of this violation John's Grocery held a retail cigarette permit and was located at
401 East Market St., Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and
WHEREAS, the John's Grocery employee who violated Section 453A.2(1) held a valid certificate of
completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of
the violation; and
WHEREAS, John's Grocery wishes to assert the affirmative defense set out in Section 453A.22(3) in order
to avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an
Acknowledgment of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a
four-year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of John's Grocery again violates Section 453A.2(I) within a four-year period, John's
Grocery will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and
opportunity for hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City
Council should accept John's Grocery's use of a Section 453A.22(3) affirmative defense and should accept
John's Grocery's signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson
County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder
via regular mail sent to the permit holder's place of business as it appears on the application for a retail
cigarette permit.
PASSED AND APPROVED: November 15, 2016
ayor, ity o owa i
Pro fern
ATTEST:
City Clerk, City of Iowa City
Resolution No. 16-313
Page 2
It was moved by Cole and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
x Botchway
x Cole
x Dickens
x Mims
x Taylor
x Thomas
x Throgmorton
—
MmTrfnr
4d(9)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-314
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY CREEKSIDE MARKET
WHEREAS, on November 5, 2015, an employee of Creekside Market violated Section 453A.2(1) of the
Code of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a
minor; and
WHEREAS, at the time of this violation Creekside Market held a retail cigarette permit and was located at
2601 Highway 6 East, Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and
WHEREAS, the Creekside Market employee who violated Section 453A.2(1) held a valid certificate of
completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of
the violation; and
WHEREAS, Creekside Market wishes to assert the affirmative defense set out in Section 453A.22(3) in
order to avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an
Acknowledgment of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a
four-year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of Creekside Market again violates Section 453A.2(1) within a four-year period,
Creekside Market will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice
and opportunity for hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City
Council should accept Creekside Market's use of a Section 453A.22(3) affirmative defense and should
accept Creekside Market's signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson
County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder
via regular mail sent to the permit holder's place of business as it appears on the application for a retail
cigarette permit.
PASSED AND APPROVED: November 15, 2016
Mayor, City o Iowa City
Pro tem
ATTEST: )&?,L 9�
City CTeirk, City of Iowa City
Resolution No. 16-314
Page 2
It was moved by Cole and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-315
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY BLACK & GOLD VAPORS
WHEREAS, on June 1, 2016, an employee of Black & Gold Vapors violated Section 453A.2(I) of the
Code of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a
minor; and
WHEREAS, at the time of this violation Black & Gold Vapors held a retail cigarette permit and was
located at 440 Kirkwood Blvd, Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(I); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and
WHEREAS, the Black & Gold Vapors employee who violated Section 453A.2(1) held a valid certificate of
completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of
the violation; and
WHEREAS, Black & Gold Vapors wishes to assert the affirmative defense set out in Section 453A.22(3) in
order to avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an
Acknowledgment of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a
four-year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of Black & Gold Vapors again violates Section 453A.2(I) within a four-year period,
Black & Gold Vapors will be subject to a civil penalty as provided by Section 453A.22(2), after proper
notice and opportunity for hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City
Council should accept Black & Gold Vapors' use of a Section 453A.22(3) affirmative defense and should
accept Black & Gold Vapors' signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson
County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder
via regular mail sent to the permit holder's place of business as it appears on the application for a retail
cigarette permit.
PASSED AND APPROVED: November 15, 2016
4�� -
Mayor, a Ci
Pro tem
ATTEST:
City ISlerk, City of Iowa City
4d(10)
Resolution No. 16-315
Page 2
It was moved by Cole and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
x Botchway
x Cole
x Dickens
x Mims
x Taylor
X Thomas
x Throgmorton
CITY OF IOWA CITY
MEMORANDUM
Date: November 4, 2016
To: Geoff Fruin, City Manager
From: Juli Seydell Johnson, Director of Parks and Recreation
Re: Consider a Resolution Setting a Public Hearing on December 6, 2016 on Plans,
Specifications, Form of Contract, and Estimate of Cost for the Construction of the
Frauenholtz-Miller Park Project 2017.
Introduction:
This agenda Item begins the bidding process for the Frauenholtz-Miller Park Construction
Project 2017.
History / Background:
The City acquired approximately three acres of land at 4329 St. Patrick's Drive for a park in
2007. Shive-Hattery was hired in June to complete park design and construction documents. A
design process, including a public meeting was completed during the summer of 2016 with a
positive review from the Parks Commission on October 12, 2016.
Discussion of Solution:
The park is designed as a neighborhood park.
small shelters, walking paths and landscaping
be an open play field.
It includes a playground, drinking fountain, two
The northern portion of the park will continue to
Financial Impact:
The estimated cost for this project is $190,625 and will be funded with $41,069.51 from the
NE3 Open Space Fees and $149,555.49 from GO Bonds.
Recommendation:
Staff recommends proceeding with setting public hearing for the plans, specifications, form of
contract, and estimate of cost for construction of the Frauenholtr-Miller Park Construction
Project. The proposed project schedule will be as follows:
• December 6, 2016 —Hold Public Hearing on Contract Documents
■ January 3, 2017 — Award Project
• April 2016 —June 2017 —Construct Project
11-15-
4e(l)
ST . PATRICK DRIVE
Prepared by: Dave Panos, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240.(319)35&-5145
RESOLUTION NO.
RESOLUTION SETTING A PUBLIC HEARING
PLANS, SP1E-CIFICATIONS, FORM OF CONTRA
FOR THE CONSTRUCTION OF THE FRAUNHfi
2016, DIRECG CITY CLERK TO PUBILPH
AND DIRECTIN THE CITY ENGINEER T �LA
PUBLIC INSPEC N. Z
ECEMBER 6, 2016 ON
, AND ESTIMATE OF COST
TZ -MILLER PARK PROJECT
NOTICE OF SAID HEARING,
;E SAID PLANS ON FILE FOR
WHEREAS, funds for this prof ct are avallZHE
,in the Parks Maintenance Fund account # R4137.
BE IT RESOLVED BY THE COU IL OF CITY OF IOWA CITY, IOWA:
1. That a public hearing on the ns, specifications, form of contract, and estimate of cost
for the construction of the bo e -mentioned project is to be held on the 6`h day of
December, 2016, ;theCity,
. in t Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if
said meeting is cathe ne meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerkuthorized an directed to publish notice of the public hearing
for the above-namn a newspaper ublished at least once weekly and having a
general circulation not less than four ) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of con ct, and estimate of cost for the
construction of the above-named project is hereby orde d placed on file by the City
Engineer in th office of the City Clerk for public inspection.
Passed and approv d this day of _%
ATTEST:
CITY CLERK
pweng\masters\setph.doc
1/11
MAYOR
Approved by
City Attorney's Office
Prepared by: Dave Panos, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240,(319)356-5145
RESOLUTION NO. 16-316
RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 6, 2016 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE FRAUENHOLTZ-MILLER PARK PROJECT
2016, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
WHEREAS, funds for this project are available in the Parks Maintenance Fund account #
R4137.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 6th day of
December, 2016, 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 15th day of November —.20 16
M
Approved by J/
ATTEST: a2C�9nn,17}iK1��/ti
CI ERK City Attorney's Office a 115-h(o
pwengWasterslsetph.doc
1/11
Resolution No. 16-316
Page 2
It was moved by Cole and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 16-317
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 924 EAST BLOOMINGTON STREET.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City purchases rental units located in designated neighborhoods surrounding
the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and
WHEREAS, the City purchased and rehabilitated a single family home located at 924 East
Bloomington Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 924 East Bloomington Street for the
principal sum of $165,000; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, on November 1, 2016, the City Council adopted a Resolution proposing to convey
its interest in 924 East Bloomington Street, authorizing public notice of the proposed
conveyance, and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 924 East Bloomington Street,
legally described as part of Outlot 7, Iowa City, Iowa.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Resolution No. 16-317
Page 2
It was moved by Taylor and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Dickens the Resolution be
Botchway
Cole
Dickens
Mims
Taylor
Thomas
x Throgmorton
Passed and approved this 15th day of November 2016.
MAYO Pro fem
ATTEST: 244 it 7
CITY -CLERK
Approved by
City Attorney's Office
Prepared by: Scott Severs, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319)356-5142
RESOLUTION NO. 16-318
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND GENUS LANDSCAPE ARCHITECTS, PC. OF DES
MOINES, IOWA TO PROVIDE CONSULTANT SERVICES FOR THE PEDESTRIAN
MALL IMPROVEMENT PROJECT.
WHEREAS, Iowa City's adopted strategic plan includes downtown development as a high priority of the
City Council; and
WHEREAS, the public space located on College Street (Clinton to Linn) and Dubuque Street (College to
Washington), also known as the pedestrian mall, is showing visible signs of deterioration; and
WHEREAS, a schematic design for the pedestrian mall was previously prepared and approved; and
WHEREAS, the project generally includes pavement repair/replacement, utility upgrades, installation of a
permanent stage near the weather dance fountain, lighting, site furnishings and landscaping upgrades;
and
WHEREAS, the City desires the services of a consulting firm to build on the schematic design and provide
preliminary and final design, including construction documents for the pedestrian mall improvements; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Genus
Landscape Architects, PC to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with Genus Landscape
Architects, PC; and
WHEREAS, funds for this project are available in the East(West Wing Pedestrian Mall Reconstruction
account#R4340 and the Black Hawk Mini Park/Pedestrian Mall account#R4339.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and
content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's
Agreement.
3. The City Manager is authorized to execute contract amendments that are deemed necessary to
complete the design of the above-named project.
Passed and approved this 15th day of November 2016
:Zz�
MAYO Pro
ATTEST: 7�
CITY'CLERK
RaengVmslems ResLonsulWgLdm
„NN uvGe Wy
LA
City Attorney's Office
Resolution No. 16-318
Page 2
It was moved by Mims and seconded by Thomas the
Resolution be adopted, and upon roll call there were:
AYES
NAYS: ABSENT:
X
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 15thday of November 2016, by and between the
City of Iowa City, a municipal corporation, hereinafter referred to as the City and Genus Landscape
Architects, PC, of Des Moines, Iowa, hereinafter referred to as the Consultant.
WHEREAS, the City previously retained the services of Consultant to prepare a conceptual
streetscape design and probable cost opinion for the Pedestrian Mall; and
WHEREAS, the City previously retained the services of Consultant to prepare design documents
and public art coordination for the North Pedestrian Mall; and
WHEREAS, the City has reviewed the conceptual design and probable cost estimates, and
selected the December 3, 2014 "Downtown Iowa City Schematic Design, Pedestrian Mall'; and
WHEREAS, based upon the design intent of the approved December 3, 2014 schematic design,
the City now desires to retain the services of Consultant to provide design services including
design development, construction documents, bid phase services, and limited construction
administration services;
WHEREAS, the City desires to construct the improvements beginning in the Spring of 2018.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract
with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
TASK 1. DESIGN DEVELOPMENT
OVERVIEW: During design development, Consultant will refine the project's schematic design,
including designing details and selecting materials for the project based on direction given by the
City. Prior to commencing work on this task, the City shall review the schematic, make
adjustments as needed and provide written authorization to proceed. The following paragraphs
provide a summary of the previous work that will either move forward or will require some form
of redesign.
Schematic designs for the secondary destinations at the College and Linn Street entries, the
Weather Dance fountain performance space and permanent stage canopy, and the vendor cafe
garden will advance. Additional work moving forward includes the site survey, tree inventory, site
furnishing selections (benches, trash receptacles, and recycling containers) and associated
mounting details, story walls, layers of accent lighting, and the expansion of the tree planting
areas with limestone planter curbs.
The development of the north section and the overhead structure adjacent to FilmScene require
additional City and stakeholder input and further consideration within the overall project budget.
-2 -
The need for new design work across the Pedestrian Mall falls into two main areas.
1. Expansion to utility scope. Under City direction, the utility scope has expanded
substantially to include water main replacement, fiber/telecommunications, traffic
signalization upgrades, and other per scope outlined in Task 1.3.
2. Redesign of Pedestrian Mall paving. The expansion to the utility scope and layout for new
lighting and conduit runs will impact the extent of replacement paving. Additionally, since
the completion of the 2014 Iowa City Downtown and Pedestrian Mall Streetscape Plan
Update, the existing brick surfacing is showing signs of further deterioration. The brick
surfacing has become more uneven and unsafe and full replacement may be warranted.
Specific to the North Pedestrian Mall, previous design work that will advance includes the site
survey, the findings from the geotechnical investigative report, the limestone planter wall section
and structural engineering of the footing, story wall elevation and section and structural
foundation, and the gate enclosure at the Park@201 transformer. If the City and design team
elect to move forward with the previously selected unit paver, Unilock's Holland Premier
Charleston Paver, two paving sections will advance to construction documentation.
The need for new design work at the North Pedestrian Mall responds to the abandonment of the
art piece. The City's direction to the design team is to approach the North Pedestrian Mall as
flexible open space. This will require a revisiting of the layout and materials, grading and
drainage, planting plans, and lighting layout.
A number of improvements from the Washington Streetscape project will move forward including
the wayfinding kiosk design and structural engineering of kiosk foundation, specification for
kiosk lighting, and the specification for the power pedestal at planting areas and associated
mounting detail.
In addition to the work described above, the design team has participated in a comprehensive
and ongoing public outreach effort which continues to inform each subsequent design phase.
Task 1.1 Pre -Design Meetings / Information Gathering Workshops
This task will be a series of meetings and workshops with City representatives, stakeholders, and
property owners and business owners to develop the design as it relates to the permanent stage
canopy, programming of secondary destinations, paving, utility upgrades, and functional and
accent lighting.
The Consultant team will conduct the information gathering workshops over the course of two
days, with Meeting #1 and 2 anticipated to take place during one trip. There are six parts to the
information gathering:
Consultants will meet with the City and two key stakeholder groups, ICDD and SOTA, to
discuss programming and festivals and events. [ Meeting #1 ]
2. Consultants will meet with the City and three stakeholder groups, ICDD, SOTA, and Sheraton
representatives to discuss the permanent stage design and stage lighting and audio visual. [
Meeting #2 ]
3. Consultants will meet with property owners and business owners (+37 business owners) in
small groups organized by section of Pedestrian Mall to discuss the schematic design plan.
Meetings to occur over the course of one day. [ Meetings #3 — 8 ]
-3-
4. The structural engineer and civil engineer will perform a field investigation of the three existing
vaults. [ Meeting #9 ]
5. Consultants will inquire and meet with as necessary, all public and/or utility entities owning
underground utilities within the Pedestrian Mall. Meetings to occur over the course of one day [
MidAmerican Meetings #10 and 11, City Utilities including Water, Storm Sewer, Sanitary
Sewer, Electric, Telecommunication and Fiber, Meetings #12 -16 ]
6. Consultants will perform site survey on additional site areas to complete necessary
coordination.
7. Locate utilities via potholing.
Deliverable: Meeting notes and field reports.
Task 1.2 Kick-off Meeting
Meet with representatives of the City to review information gathered during Task 1.1, establish
communication paths, review and confirm schedule, confirm strategy, objectives, review existing
information, and confirm deliverables. [ Meeting #17 ]
Deliverable: Meeting minutes and project schedule.
Task 1.3 Development of Design
The development of the design shall include but is not limited to the following elements:
1. Permanent stage, canopy, redesigned seating and walls at Weatherdance Fountain;
2. Private and public utility upgrades including enhanced power for vendors and events;
3. Secondary destinations including a flexible open space at the North Pedestrian Mall;
4. Site furnishings including up to 3 wayfinding kiosks, benches, trash receptacles, and
recycling containers;
5. 'Story walls';
6. Gateways at College and Linn;
7. Vendor cafe and overhead shade structure at communal dining;
8. Paving;
9. Functional and accent lighting;
10. Enhanced planting areas and plant species;
11. Maintenance and emergency service vehicle access and circulation;
12. Relocation of existing public artwork; and
13. Existing limestone planter walls.
The Consultant team shall provide design and engineering services per the following.
1.3.1 Wayfinding Design Services
Three wayfinding kiosks are currently proposed within the Pedestrian Mall. Proposed locations
include the Clinton Street entry, Linn Street entry, and near the Sheraton Hotel. The design is a
continuation of the kiosks installed along Washington Street and communicates "Welcome" in eight
different languages. Kiosk design services shall include refinement of their positioning and location
as a focal point within the secondary destinations. Depending upon budget, the City may consider
the elimination of the kiosk near the Sheraton Hotel. The final footing design and internal lighting
was completed as part of the Washington Street project. Vinyl map content and design to be
provided by others.
-4-
1.3.2 Lighting Design Services
Develop the lighting design considering use of light and practical criteria such as light levels, fixture
and lamp types, visual comfort, energy efficiency, and maintenance. The lighting design will
address functional and pedestrian scale pole lighting, tree accent lighting, Weatherdance fountain
lighting, permanent stage canopy lighting, gateways, overhead structure, up-lighting of story walls,
festive lighting with TCDD, and lighting of public artwork (Solar Marker, Balance in Place, Treasure
Island, Dorothy, Jazz, and Ties that Bind). The proposed lighting for the public artwork needs to
be flexible as to accommodate other pieces in the event that the current ones are switched out
or moved. Provide lighting layout drawings, photometric calculations, fixture schedules, and
catalog fixture sheets. The Consultant team shall coordinate one mock-up of pedestrian pole
light(s) for review and comment. The cost of mock-up and installation shall be paid for directly by
the City, outside of this agreement.
1.3.3 Story Wall Design Services
Design and detail three story walls. Walls will be located at the College St. entry, near
Weatherdance Fountain, and at the North Pedestrian Mall. The message/content for each of the
three walls will be provided by others. Two meetings are anticipated and scheduling will align with
meetings listed in Task 1.4.
Meeting #18
Consultants will meet with the City and a key stakeholder group including members from the
business community, Iowa City Historic Preservation Commission, Public Art Commission, TCDD,
and UNESCO City of Literature representatives to discuss theme, message, and optional writers.
Meeting #19
Review design development of 'story wall' including sizes, materials, and lighting.
1.3.4 Permanent Stage Canopy Design Services
Architectural design of the permanent stage canopy shall include coordination with stakeholders,
development of materials and layout, and structural engineering of the canopy foundation.
Stage canopy lighting design services include integrated and adjustable architectural lighting and
theatrical and performance lighting. The system shall include lights mounted in the canopy, color
changing lights, and infrastructure to support additional equipment.
Audio/Visual design services shall include sound reinforcement and video systems design.
Services include model generation of loudspeaker clusters and/or arrays to ensure proper sound
coverage and selection of sound and video systems equipment.
Meetings to review the development of the canopy design are included within Tasks 1.1 and 1.4.
1.3.5 Electrical Engineering Services
Design of electrical systems including electrical power distribution including power needs for
performances, festivals and events, vendors, pedestrian scale light poles, receptacles at planters,
and wayfinding kiosks, electrical lighting circuiting and foundations. Electrical supply for holiday
lighting to be included. New lighting for Weather Dance fountain shall be included. Electrical
engineering design shall include preparation of electrical/lighting plans and installation detail and
wiring layout.
1.3.6 Civil Engineering Services
Civil engineering services shall include the following scope.
-5 -
Vaults
Civil scope shall include coordination with the structural engineer on the investigation of the three
existing vaults and associated repairs, waterproofing, and vault hatch replacement and upgrades
as needed.
Gas, Electric, and Telecom
Consultant will communicate with utilities identified as having facilities within the project limits.
Consultant will review proposed improvements with said utilities to determine what concerns they
may have and coordinate with them concerning any proposed upgrades.
Consultant shall coordinate with City departments on placement and upgrade of City used and City
leased Fiber optic and telecom facilities. Consultant shall prepare design documents to illustrate
and describe civil engineering design components of the City telecom and leased conduit and hand
hole facilities. There shall be one 2" conduit run for City use and two 2" conduit runs for the
lessees.
Storm Sewer
Consultant will review the existing storm sewer system within the project limits. Consultant
will review videos of the storm sewer provided by the City to look for deficiencies in the
system. Consultant will also evaluate the capacity of the existing storm sewer system.
Consultant will make recommendations for improvements of the existing system based on
this review. If determined necessary, Consultant will design a replacement for the entire
storm sewer system within the project limits.
Consultant will determine the invert elevation of storm sewer segment #1. If necessary, City
will be available to assist with gaining access to upstream structures.
Intake at Weather Dance Fountain. Civil shall coordinate with the City on interest in
relocating existing intake west of fountain. If relocation is desired, Civil shall review options
for providing storm piping to intake and to outlet.
Segment 4 at corner of College and Dubuque. Civil shall coordinate with City and provide
design of a new intake and connection to storm sewer segment 4.
East Section. Relocate intake near Bread Garden, and coordinate with City on drainage
improvements required along entire east section.
Indicate and specify on construction documents that existing storm sewer lids and castings
to be replaced new with City logo.
Coordinate addition of new intakes as necessary throughout Pedestrian Mall.
Water
Consultant shall review condition and pressures of existing water system within the
project limits with the City. Where the system is determined to be deficient Consultant
shall design a replacement water main.
Replacement of the 10 -inch cast iron water main on Dubuque Street between
Washington Street and College Street.
Upsizing of approximately 200 feet of 6" DIP water main to 8" DIP from Bread Garden
Market to S. Linn Street.
No upgrades or replacement of the existing water main will be required along College
Street section of the Pedestrian Mall to approximately 200 feet west of Linn Street.
Fire hydrant relocation near Sheraton to avoid conflict with stage canopy.
Coordinate water main materials City staff and DNR.
Assist City in filing documents for DNR Public Water Supply Construction Permit
The Consultant shall coordinate the selection of appropriate water main and gasket materials with
applicable City of Iowa City Divisions and the Iowa DNR based on spatial relationship to identified
LUST sites.
Assist City in filing documents for permits applicable to civil engineering design components
inclusive of the Iowa DNR Public Water Supply Construction Permit Schedules 1a,1c, 2a, and 2b.
Sanitary Sewer
Civil shall review video inspection tapes provided by the City and discuss any noted deficiencies. If
deficiencies are noted Consultant shall discuss with City and make recommendations on proposed
improvements or repairs.
Consultant shall review existing and proposed land use within the project limits and use this to
evaluate and prepare a recommendation on sanitary sewer system capacity within the project
limits. City shall provide peak flows for contributing sanitary sewers beyond the project limits.
Civil shall prepare and submit Iowa DNR permit applications for utility improvements. Permit
applications shall be paid by the City.
Prepare design documents to illustrate and describe civil engineering design components of the
project consisting of plan and profile sheets for storm sewer, water main and service connections.
Collaborate with design team on fire truck access, circulation, and turning radii.
1.3.7 Underground Utility Investigation Services
Potholing to determine exact location of utilities (horizontally and vertically) will be completed by an
independent contractor(s), as retained by the Consultant. The Consultant shall submit all results to
the City. This service shall be authorized in writing by the City and submitted as a reimbursable
expense, not to exceed the allowance noted within reimbursable schedule, unless approved by the
City.
1.3.8 Geotechnical Engineering Services
Upon authorization by the City, geotechnical services may be submitted as a reimbursable
expense. These services would provide underground boring logs, analysis and recommendations
for pavement and footing sections. The locations and scope shall be approved by the City in
writing.
1.3.9 Structural Engineering Services
Structural design and drawings for permanent stage canopy, gateway features and any other
overhead structures, 'story wall', light pole footings, wayfinding kiosks, and public artwork
foundations (Solar Marker, Balance in Place, Treasure Island, Dorothy, Jazz, and Ties that Bind).
Review existing limestone planter walls and provide engineering recommendation to correct out -of -
plumb issues. Scope shall include analysis of existing vaults, field repair recommendations as
needed.
-7-
1.3.10 Traffic Signalization Design Services
Traffic signalization design for replacement of traffic signalization and pedestrian activated push
buttons at the intersection of East College Street and South Clinton Street. Traffic signalization
design shall include signal layout, wiring layout, signal phasing, and signal details.
1.3.11 Cost Estimating Services
The Consultant will prepare cost estimates for the project at 70% completion of Design
Development (DD), 30% completion of Construction Documentation (CD), 60% completion of
Construction Documentation (CD), 90% completion of Construction Documentation (CD), and
100% completion of CD milestones in the design to aid design direction, scope, material selection
and budgets. Adjustments shall be made to the design as directed by the City. Estimates provided
shall be broken down per bid item.
1.3.12 Construction Staging
The Consultant shall prepare a staging plan showing the major phases of work required to
complete construction. The plan shall include phasing restrictions and messaging regarding
pedestrian circulation, as well as accommodations for emergency access. The staging design shall
take into consideration access to adjacent properties and to the extent possible, service and
delivery access to properties within project limits. Construction staging plan pending development
of design, scope, and budget and construction may require multiple construction seasons.
Task 1.4 City Committee Meeting, Ongoing Design Review + Technical Workshops
The Consultant shall meet with the City to review the advancement of the design elements and
project schedule. Up to four meetings are anticipated as well as regularly scheduled online
meetings utilizing 'GoToMeeting' or other.
Meeting #20
Review findings from information gathering and vault exploration. Design refinement including
utility upgrades, electrical engineering review, paving replacement and materials, and pole light
options.
Meeting #21
Design refinement including canopy design and seating and walls at Weatherdance Fountain, vault
improvements, secondary destinations, and paving and drainage improvements. Structural
engineering update. Lighting design review and photometric layouts and electrical engineering.
Meeting #22
Utility upgrades, design advancement of permanent canopy, secondary destinations, paving
materials, limestone planter walls and lighting, site furnishings options, and other.
Meeting #23
The Consultant will hold a project update meeting with ICDD, Sheraton representatives, and SOTA
to discuss design refinement of the permanent stage canopy and redesigned seating and walls at
the Weatherdance Fountain. Review general progress on Design Development set.
Deliverables: Meeting minutes
Task 1.5 70% Probable Cost Opinion and Design Development Submittal and City Review
The Consultant team will submit drawings and cost estimates to the City for formal review at 70%
completion. The City will endeavor to return review comments to the Consultant within a two week
period.
Deliverable: Drawings and cost opinion will be submitted in digital format for review.
Task 1.6 City Online Meeting
'GoToMeeting' or other to review City comments on 70% DD submittal and review cost opinion.
[ Meeting #24 ]
Deliverable: A memo outline of comments and how each is addressed.
Task 1.7 Business Owner Preview and Public Open House #1 [ Meeting #25 ]
The Consultant team shall present the final design plans to business owners and the general public
prior to proceeding with construction documentation.
Deliverable: Digital presentation and summary of open house comments.
Task 1.8 Completion of Design Development Plans and Presentation of 100% Design
Development to City Council [ Meeting #26 ]
Consultant shall finalize design development documents based upon comments received in the
meetings held pursuant to Task 1.8 and provide the final design development documents to the
City. Consultant shall give a presentation to the City Council at a public meeting scheduled by the
City Council, which shall include the final design development plans and an updated 100% DD cost
opinion.
OVERVIEW: Upon approval of the design development drawings, the design team will move
forward and produce drawings with greater detail. This Construction Document phase produces a
set of drawings that include information needed for the contractor to bid and construct the project.
Task 2.1 Construction Drawings
Develop the City -approved Design Development Documents into a set of 11 x 17 construction
drawings and specifications which will serve as the Contract Documents.
These documents will include:
i. Cover/Title Sheet
ii. Estimated Quantities
iii. Tabulations
iv. Reference and Construction Notes
v. Removal Plans
vi. Grading Plans
vii. Utility Plans and Profile Sheets
viii. Electrical Plans
ix. Site Layout and Materials Plans
x. Structural drawings (including recommended vault repairs)
A Planting Plan
xii. Lighting Layout Drawings and Fixture Schedules
xiii. Furnishings Plan
xiv. Site Details /Typical Sections (including permanent stage canopy)
xv. Sound, Video, and Performance Intercom Systems including wiring diagrams +
specs.
xvi. Project Phasing / Sequencing Plan
xvii. Specifications
WE
Task 2.2 Ongoing Design Review and Coordination with Technical Committee
Consultant shall attend two technical review meetings at City Hall. Specific agenda items and dates
will be determined at the completion of Design Development. [ Meetings #27 and 28 ]
Deliverable: Meeting minutes
Task 2.3 30% Probable Cost Opinion and Construction Document Submittal and City
Review
Consultant shall submit drawings to the City for formal review at 30% completion. A probable cost
opinion shall be prepared for this submission. The City will endeavor to return review comments to
the Consultant within a two week period.
Deliverable: Drawing set and memo summarizing responses to City comments.
Task 2.4 City Committee Meeting
Consultant shall attend one meeting to review City comments on 30% CD submittal.
[ Meeting #29 ]
Deliverable: Meeting minutes
Task 2.5 60% Probable Cost Opinion and Construction Document Submittal and City
Review
The Consultant team will submit drawings and probable cost opinion to the City for formal review at
60% completion. The City will endeavor to return review comments to the Consultant team within a
two week period.
Deliverable: Drawing set and memo summarizing responses to City comments.
Task 2.6 City Committee Meeting
Consultant shall attend one meeting to review City comments on 60% CD submittal.
[ Meeting #30 ]
Deliverable: Meeting minutes
Task 2.7 Business Owner Preview and Public Open House #3
The Consultant will lead a stakeholder and business owner preview and public open house at the
completion of Task 2.6. The Consultant team will review design progress, impacts of construction,
and determine necessary accommodations to include in construction staging and sequencing.
[ Meeting #31 ]
Deliverables: Digital presentation, phasing diagrams, meeting summary.
Task 2.8 Individual Business Owner/Property Owner Consults
The Consultant team shall meet individually with business/property owners to discuss impacts of
construction and determine necessary accommodations to include in construction staging and
sequencing. Meetings will occur over the course of one day. [ Meeting #32 ]
Deliverable: Accommodations to be noted and included within drawing set
-10 -
Task 2.9 90% Probable Cost Opinion and Construction Document Submittal + City Review
The Consultant team will submit drawings and probable cost opinion to the City for formal review at
90% completion. The City will endeavor to return review comments to the Consultant team within a
two week period.
Deliverable: Drawing set, specifications, and memo summarizing responses to City comments.
Task 2.10 Identify Potential Easement Needs
Provide descriptions for or drawings to illustrate any necessary easement or right-of-way
acquisitions. Property acquisition plats shall be classified as an additional service, at the discretion
of the City.
Task 2.11 IDNR Water Supply Permits
Assist City in filing documents for permits applicable to civil engineering design components
inclusive of the Iowa DNR Public Water Supply Construction Permit Schedules 1a,1c, 2a, and 2b.
Task 2.12 City Committee Meeting
Consultant shall attend one meeting to review City comments on cost opinion and the 90% CD
submittal. [ Meeting #33 ]
Deliverable: Meeting Minutes
Task 2.13 Submittal of 100% Probable Cost Opinion and Construction Document Package
Submittal to include drawings and specifications, quantities and opinion of probable construction
cost. Submittal to be in PDF format. Hard copy plans to be printed as reimbursable expense.
Quantity of plans to be identified by the City.
TASK 3. BID PHASE
Services include:
L Attend public hearing
ii. Attend pre-bid meeting
iii. Attend bid opening
iv. Coordinate document printing and plan room distribution
v. Answer contractor questions
vi. Review substitution requests
vii. Prepare necessary addenda
viii. Make recommendation regarding qualified bidders.
TASK 4. CONSTRUCTION ADMINISTRATION
OVERVIEW
The City shall provide the daily construction administration, but desire to retain the Consultant's
services to perform certain limited services detailed below, which the Consultant hereby agrees to
perform. Such visits and observation are not intended to be an exhaustive check or a detailed
inspection of the Contractor's work but rather are to allow the Consultant or its sub consultants, as
experienced professionals, to become generally familiar with the Work in progress and to
determine, in general, if the Work is proceeding in accordance with the Contract Documents. If the
City desires more extensive project observation or fulltime project representation, the City shall
request that such services be provided by the Consultant as Additional Services in accordance with
the terms of this Agreement. The Consultant shall not supervise, direct or have control over the
Contractor's work nor have any responsibility for the construction means, methods, techniques,
sequences or procedures selected by the Contractor nor for the Contractor's safety precautions or
programs in connection with the Work. These rights and responsibilities are solely those of the
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Contractor in accordance with the Contract Documents. The Consultant shall not be responsible
for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the
Work, or any agents or employees of any of them. The Consultant does not guarantee the
performance of the Contractor and shall not be responsible for the Contractor's failure to perform
its Work in accordance with the Contract Documents or any applicable laws, codes, rules or
regulations.
Task 4.1 Business Owner Preview and Public Open House #4
Prior to the commencement of construction, conduct a public open house to review details of
construction, work schedule, communication paths, and contacts. [ Meeting #34 ]
Deliverable: Digital presentation and meeting summary.
Task 4.2 Attend Pre -Construction Conference
The Consultant shall attend the pre -construction conference with the Contractor, City, utility
companies, affected entities and all interested parties to review the contract requirements, details
of construction, utility conflicts and work schedule. The City shall conduct the meeting and prepare
and distribute meeting minutes. [ Meeting #35 ]
Task 4.3 Shop Drawing and Submittal Review
Review the Contractor's shop drawings and other required submittals for compliance with the
Contract Documents.
Task 4.4 Design Interpretation Questions
Answer design interpretation questions from the City, contractor, inspector, utilities, property
owners and review agencies.
Task 4.5 Minor Plan Modifications
The Consultant shall provide minor design modifications as required during construction. It is
anticipated this would include items such as adjustments to fit changed field conditions, changes in
staging, and modifications to avoid utilities, etc.
Task 4.6 Site Observation
The Consultant's Landscape Architect and/or Engineer shall make visits to the construction site at
intervals appropriate to the stage of construction to (a) observe the progress, (b) review the quality
of the work, and (c) determine if the construction work conforms to the drawings and specifications
in the construction contract.
Consultant, or its sub consultants, shall visit the Pedestrian Mall construction site as outlined below.
If additional Consultant visits beyond those noted within are desired by the City, these can be
provided on an hourly and expense basis.
Visit #1 . Preconstruction Meeting - Genus
Visit #2 . Unit Paver Mock -Up Review/Approval - Genus
Visit #3 . Story Wall Fabricator Visit - Genus
Visit #4. Story Wall Mock -Up Review/Approval - Genus
Visit #5. Limestone Planter Wall Install Review - Genus
Visit #6. Tree Uplighting Mock -Up Review/Approval — Genus or Schuler Shook
Visit #7. Pole Lighting Review — Genus
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Visit #8. Amphitheater Seating Layout/Form Review — Genus
Visit #9 . Gateway Installation Mock -Up Layout/ West -Genus
Visit #10. Gateway Installation Mock -Up Layout/East -Genus
Visit #11 . Architectural Canopy/Canopy Mock Up — Neumann Monson
Visit #12 . Architectural Canopy/Lighting — Schuler Shook or Neumann Monson
Visit #13. Architectural Canopy/Sound/AV Commissioning - DDG
Visit #14. Architectural Canopy/Review/Acceptance — Neumann Monson
Visit #14. Structural Engineering/Allowance Visit 1 — Raker Rhodes
Visit #15. Structural Engineering/Allowance Visit 2 — Raker Rhodes
Task 4.7 Final Inspection and Punch List; Final Acceptance
Consultant shall complete a final inspection and prepare a punch list of uncompleted items. On the
basis of such inspection, the Consultant shall determine if the project is substantially complete in
accordance with the plans and specifications and shall make a recommendation to the City
regarding final payment. It is understood that the City will accept the project only after
recommendation by the Consultant. Two visits by Consultant.
Visit #1: Establish Punch List
Visit #2: Approve Project / Close Out
Task 4.8 As -built Plans
Consultant shall provide digital files of the construction documents to be used by the City for
creation of as -built drawings.
ADDITIONAL SERVICES
The Consultant assumes no responsibility for the accuracy of information or services supplied by
the City, the City's representative or an outside consultant not developed specifically for this
Project, and shall not be liable for errors or omissions therein. Should the Consultant be required
to provide services due to errors or omissions in information provided by the City, City'
representative or outside consultant not developed specifically for this Project, such services shall
be billed as additional services.
Meetings beyond those noted above shall be subject to compensation based on Consultant hourly
rates or agreed upon lump sum trip charge. All additional visits or services shall be agreed to in
writing prior to work taking place.
Requests for Additional Services and any associated fee adjustment must be authorized in writing
before Additional Services can begin.
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II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown.
PEDESTRIAN MALL SCHEDULE I subiect to uodates 1
Design — 70% DD
November 2016 —February 2017
Public Input Meeting #1
February 2017
70% DD —100%DD
February — May 2017
Public Input Meeting #2
May 2017
CD — 60% CD
May — July 2017
Public Input Meeting #3
August 2017
100% CD
November 2017
Bidding Phase
December 2017 — January 2018
Contract Award
February 2018
Public Input Meeting #4
March 2018
Construction Phase
2018-2019 [TBD]
GENERALTERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity, or
sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be exclusive,
but the Consultant shall have the right to employ such assistance as may be
required for the performance of the Project.
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E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall
be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a registered professional 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.
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 City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. 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.
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P. The Consultant shall not be responsible for failure to perform or for delays in the
performance of services which arise out of causes beyond the control and/or
without the fault or negligence of the Consultant or its sub consultants.
Q. The Consultant shall not be required to sign any documents, no matter by whom
requested, that would result in the Consultant's having to certify, guarantee or
warrant the existence of conditions whose existence the Consultant cannot
ascertain. The City also agrees not to make resolution of any dispute with the
Consultant or payment of any amount due to the Consultant in any way contingent
upon the Consultant's signing any such certification.
R. All documents including Drawings and Specifications prepared by the Consultant
pursuant to the Agreement are instruments of service with respect to the Project.
They are not intended or represented to be suitable for reuse by the City or others
on extensions of the Project or on any other Project. Any reuse by the City or a
third person or entity authorized by the City without written verification or adaptation
by the Consultant for the specific purpose intended will be at the City's sole risk and
without liability or legal exposure to the Consultant; and the City, shall release,
indemnify and hold harmless the Consultant from all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting there from. Any such
verification or adaptation will entitle the Consultant to additional compensation at
rates to be agreed upon by the Consultant and the third person or entity seeking to
reuse said documents.
S. In entering into this Agreement, the City has relied only upon the representations
set forth in this Agreement, including the December 3, 2014 Schematic Design
created by Consultant. No verbal warranties, representations or statements shall be
considered a part of this Agreement or a basis upon which the City relied in entering
into this Agreement. No statements, representations, warranties or understandings,
unless contained herein, exist between City and the Consultant.
T. The City agrees to include Genus as Consultant for the Project, in all construction
signage identifying the project.
U. The Americans with Disabilities Act (ADA) regulations provide that it is a violation of
these regulations to design and construct a facility that does not meet the
accessibility and usability requirements of the ADA unless it can demonstrate that it
is structurally impractical to meet the requirements. Consultant shall generate
construction documents that comply with the Public Right -of -Way Accessibility
Guidelines (PROWAG) Manual.
V. Both parties acknowledge that the Consultant's Scope of Services does not include
any services related to determining the presence of any hazardous or toxic
materials. In the event the Consultant encounters any hazardous or toxic materials,
or should it become known to the Consultant that such materials may be present on
or about the jobsite or any adjacent areas that may affect the performance of the
Consultant's services, the Consultant may, at its option and without liability for
consequential or any other damages, suspend performance of its services under
this Agreement until the City retains appropriate consultants or contractors to
identify and abate or remove the hazardous or toxic materials and warrants that the
jobsite is in full compliance with all applicable laws and regulations. As used in this
Agreement, the term hazardous materials shall mean any substances, including but
not limited to asbestos, toxic or hazardous waste, PCBs, combustible gases and
-16 -
materials, petroleum or radioactive materials (as each of these is defined in
applicable federal statutes) or any other substances under any conditions and in
such quantities as would pose a substantial danger to persons or property exposed
to such substances at or near the Project site.
IV. COMPENSATION FOR SERVICES
For the Scope of Services as described in Section I above, Consultant shall be compensated on an
hourly basis, according to the fee schedule set forth below, for the following not -to -exceed fees
within each of the following phases:
PEDESTRIAN MALL I Genus Proiect # 160341
Task 1 .
Design Development
$ 251,800
Task 2 .
Construction Documents
$ 294,600
Task 3.
Bidding Phase
$ 23,240
Task 4 .
Construction Administration
$ 90,100
Hourly Not -to -Exceed Fee
$ 659,740
ESTIMATED PROJECT REIMBURSABLES
Estimated General Reimbursable Expenses
$19,750
Geotechnical Engineering Services - allowance
$ 10,000
Underground Utility Investigation - allowance
$ 20,000
Estimated Reimbursable Total
$ 49,750
Reimbursable expenses will be invoiced directly to the City at direct cost. These expenses include,
but are not limited to: mileage (to be paid at current IRS standard mileage rate) or rental car
expenses, long distance phone, postage, printing of pricing, permit and construction sets, and
approved travel and lodging. Approximately 40 trips to Iowa City are anticipated as part of this
agreement. Expenses above the estimate noted above shall be approved in writing by the City,
prior to performance.
All work shall be billed on an hourly basis not to exceed the maximum amount specified. Fees,
including reimbursable expenses, are due and payable in full within 30 -days of the invoice date.
Additional Services are services provided outside the scope of this Agreement and may be
provided upon City's written authorization.
Consultant fees are calculated based on past experience with this project and understanding that
the project construction budget is +/- $6,000,000 + additional utility scope as defined within this
proposal.
Due to the overlap in scope associated with recently completed planning, design and engineering
consulting by the Consultant and Subconsultants for the Pedestrian Mall; the following fee credit
has been factored into the hourly not -to -exceed fee.
North Pedestrian Mall : $22,000 credit
Pedestrian Mall Schematic Design: $63,000 credit
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The above-described not -to -exceed fee amounts are based upon the following project hourly billing
rates:
Genus Landscape Architects
Principal Landscape Architect $ 165
Project Manager $110
Landscape Architect $100
Associate Landscape Architect $ 70-85
Planner $ 65-80
Administrative $ 50
Shoemaker & Haaland
Principal In Charge
$173
Principal, P.E.
$ 143
Survey Crew [ 1 or 2 man ]
$139-173
Project Manager
$127-138
3D Scan [ office or field ]
$124-162
Project Engineer
$106-116
Construction Manager
$ 89-108
Staff Engineer
$ 81 - 94
Surveyor
$ 79-117
CAD Technician
$ 66-107
Administrative
$ 66
Raker Rhodes Engineering
Principal
$165
Expert Witness
$ 225
Associate / Registered Engineer
$ 125
Project Manager
$ 105
Project Engineer
$ 95
Drafter
$ 75
Clerical
$ 60
Schuler Shook
Partner $ 205
Principal Lighting Designer $ 175
Sr. Lighting Designer $155
Project Lighting Designer $ 145
Lighting Designer $ 135
Lighting Specialists $ 120
Neumann Monson
Vice President/Pdncipal $ 215
Specification Writer/QA $165
Architect $130
BIM Applications Specialist $110
Intern Architect $110
SRF Consulting Group, Inc.
Principal Engineer $ 209
Sr. Associate Engineer $132-$193
Graduate Engineer $ 94-$114
X.
Technician
$ 112
Intern
$ 59
MMS
Survey Chief
$114
Land Surveyor 1
$ 119
Engineer Technician 1
$ 92.50
Administrative Assistant
$ 59
Diversified Design Group
Designer/Consultant $ 135
Industrial Sales Company, Inc.
Project Manager $ 125
MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted Professional standards.
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. Consultant will rely upon the City to perform the following:
1. Provide Consultant with any available information such as topography, site
plans, building plans, mapping, and other information the City deems pertinent
to the project;
2. Designate a liaison officer from the City who will work directly with the
Consultant to coordinate the collection of City -supplied data, arrange for
meetings, and be responsible for the general coordination between the City and
the Consultant;
3. Perform inspections to determine the condition of existing intakes, manholes
and sewers, and provide Consultant with reports related thereto;
4. Acquire any necessary property rights for the construction of the project.
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FOR THE CITY
By:
Title: Mayor Pro tem
Date: November 15, 2016
ATTEST: Agae a 5L, -
Approved by:
City Attorney's Office
Date
FOR THE CONSULTANT
/
By: Brett Douglas
Title: President and Principal Landscape Architect
Date: November 10, 2016
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EXHIBIT A: PROJECT WORK LIMITS
PROJECT WORK LIMITS
LEGEND
- - - - PEDESTRIAN MALL
_NORTH
PEDESTRIAN MALL
BLACKHAWK MINI PARK
7
• APPROPRIATE FOR PRESERVATON
APPROPRIATE IN SOME CIRCUMSTANCES
BUT WILL REQUIRE MORE CARE
•SHOULD BE REMOVED OR AT MINIMUM.
NO FURTHER INVESTMENT OF TIME OR FUNDS
i<
.� 4 �Qo
L
ri—
EXISTING CONDITIONS AND SITE
ANALYSIS
Boasts an active pedestrian life
with an eclectic mix of retail
and restaurants
Strong foundation in place with
mature tree canopy, popular
play area, and successful
events
Aging infrastructure [ lighting J
Some components in a state
of disrepair [ paving, limestone
planter walls, furnishings, kiosks ]
Evaluation of existing tree
canopy
PREFERRED SCHEMATIC DESIGN PLAN
Create a series of secondary
'Freshen Up' and Reinvigorate the
'k
destinations to further enrich the
experience of the Pedestrian Mall.
j Pedestrian Mall.
Updated wayfinding elements
Entries become more welcoming
celebrate Iowa City's unique history
• Black Hawk Mini Park is reimagined
and provide user orientation
with a feature public art piece
- New furnishings
• Strengthen the Weather Dance
Selective surface repair and new brick
Fountain and performance space
{ _ banding
• Enhanced opportunities for families
,� r
Repair limestone planter walls
and children's play
• Enhance the tree planting program
Introduce a multi -layered lighting
• Expanded planting areas
• Enhanced electrical capacity
framework.
Utility upgrades
• New pedestrian lighting
• Permanent stage canopy lighting
• Illumination of wayfinding kiosks
• Fountain lighting
• Accent tree lighting
• Up -lighting of story walls
I
�= —4 CITY OF IOWA CITY
ME MEMORANDUM
Late Handouts Distributed
DATE: November 4, 2016
TO: Geoff Fruin, City Manager (,
FROM: Jason Havel, City EngineerJ"Fj,_ (Date)
RE: Consultant Agreement for the Pedestrian Mall Improvement Project
Introduction:
The Pedestrian Mall Improvement Project generally includes the repair/replacement of
deteriorated pavements, upgrading of existing utilities, enhancement of existing landscaping
features, replacement of site furnishings and installation of a permanent stage near the weather
dance fountain within the Pedestrian Mall. The Pedestrian Mall is more specifically defined as
College Street (Clinton Street to Linn Street) and Dubuque Street (Washington Street to College
Street). The main objective of the project is to improve the overall pedestrian experience within
Iowa City's central gathering space.
History/Background:
The City Council formally adopted the Iowa City Downtown and Pedestrian Mall Master Plan on
March 25, 2014. The plan contained a 2014 implementation strategy that included design work,
and various 'quick start' projects that were selected to address critical maintenance needs,
inform future improvements and complete actions that were widely supported in public meetings
during the planning phase.
On December 3, 2014 the City Council approved the "Downtown Iowa City Schematic Design"
for Washington Street, Dubuque Street and the Pedestrian Mall as previously prepared by
Genus Architects. Subsequently, Genus Architects was hired by the City to provide consultant
services for preliminary and final design services for Washington Street (Clinton Street to Linn
Street) and the North Pedestrian Mall (Washington Street to the Alley — Including Blackhawk
Mini -Park).
Discussion of Solutions:
After further discussions, there is concurrence among staff that given the poor condition of the
Pedestrian Mall, an improvement project is needed. The limits of the project were to include not
only the north portion, but also the east/west wings of the Pedestrian Mall. This is the current
scope and associated fee that Genus Architects have prepared for design of the Pedestrian Mall
Improvement Project.
An agreement has been negotiated with Genus Landscape Architects, PC to provide consultant
services for completion of the project design and preparation of construction documents related
to the Pedestrian Mall Improvement Project.
Financial Impact:
The not -to -exceed fee for these engineering services is $709,490, and funding will be via
general obligation bonds (East/West Wing Pedestrian Mall Reconstruction account #R4340 and
the Black Hawk Mini Park/Pedestrian Mall account #R4339).
Recommendation:
Staff recommends approval of the engineering services consultant agreement with Genus
Landscape Architects, PC.
CITY OF IOWA CITY
MEMORANDUM
DATE: November 4, 2016
TO: Geoff Fruin, City Manager
FROM: Jan Havel, City Engineer 3-44RE: Cons tent Agreement for the Pedestrian Mall Improvement Project
Introduction:
The Pedestrian Mall I\ovemei
deteriorated pavements,features, replacement of dance fountain within theCollege Street (Clinton St
Street). The main objective of the F
Iowa City's central gathering space.
Project generally includes the repair/replacement of
of existing utilities, enhanceme t of existing landscaping
igs and installation of a perms ent stage near the weather
Mall. The Pedestrian Mall i§/more specifically defined as
Street) and Dubuque Street ashington Street to College
oject is to improve the over II pedestrian experience within
History/Background:
The City Council formally adopted the loww `City Downtow and Pedestrian Mall Master Plan on
March 25, 2014. The plan contained a 2014�i(nplement on strategy that included design work,
and various 'quick start' projects that were selected o address critical maintenance needs,
inform future improvements and complete action§. were widely supported in public meetings
during the planning phase.
On December 3, 2014 the City Council approv the\" Downtown Iowa City Schematic Design"
for Washington Street, Dubuque Street and he Pedestrian Mall as previously prepared by
Genus Architects. Subsequently, Genus Arq6itects was'hired by the City to provide consultant
services for preliminary and final design sptvices for Washington Street (Clinton Street to Linn
Street) and the North Pedestrian Mallashington Street to the Alley — Including Blackhawk
Mini -Park).
Discussion of Solutions:
After further discussions, there is
Pedestrian Mall, an improvement
only the north portion, but also
scope and associated fee that e
Improvement Project.
I
ncurrence among staff that giv
Dject is needed. The limits of the
east/west wings of the Pedestrian
s Architects have prepared for des
the poor condition of the
roject were to include not
Mall. This is the current
g of the Pedestrian Mall
An agreement has been ne otiated with Genus Landscape Architects, PC to ovide consultant
services for completion of he
project design and preparation of construction do uments related
to the Pedestrian Mall I rovie Project.
Financial Impact:
The not -to -exceed f for these engineering services is $769,521.00, and fund ingwi be via
general obligation nds (East/West Wing Pedestrian Mall Reconstruction account #R,4 and
the Black Hawk Mi i Park/Pedestrian Mall account #R4339).
Staff recommends approval of the engineering services consultant agreement with Genus
Landscape Architects, PC.
OCONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this _ day of November 2016, by and between
the City of Iowa City, a municipal corporation, hereinafter re ed to as the City and Genus
Landscape Architects, PC, of Des Moines, Iowa, hereinafter referr d to as the Consultant.
WHEREAS, the City previously retained the services of Con#ltant to prepare a conceptual
streetscape design and probable cost opinion for the Pedestrian all; and
WHEREAS, the City previously retained the services of Cons-ilftant to prepare design documents
and public art coordination fo the North Pedestrian Mall; and
WHEREAS, the City has revi wed the conceptual desig and probable cost estimates, and
selected the December 3, 2014' or'
Iowa City Sche atic Design, Pedestrian Mall"; and
WHEREAS, based upon the desig intent of the approv d December 3, 2014 schematic design,
the City now desires to retain the rvices of Consul nt to provide design services including
design development, construction d uments, bid hase services, and limited construction
administration services;
WHEREAS, the City desires to construct
NOW THEREFORE, it is agreed by and
contract with the Consultant to provide sery
I. SCOPE OF SERVICES
Consultant agrees to perform the
satisfactory manner.
TASK 1. DESIGN DEVELOPMENT
OVERVIEW: During design de
including designing details and
City. Prior to commencing wor
adjustments as needed and pi
provide a summary of the prey
of redesign. /
beginning in the Spring of 2018.
gn the parties hereto that the City does now
set forth herein.
the City, and to do so in a timely and
>ment, Consultant will refinl
cling materials for the proje
this task, the City shall re%
a written authorization to p
work that will either move
the project's schematic design,
based on direction given by the
the schematic, make
ice d. The following paragraphs
:)rwa or will require some form
Schematic designs for thecondary destinations at the College and Li1Qn Street entries, the
Weather Dance fountain p rformance space and permanent stage can% y, and the vendor cafe
garden will advance. Addi onal work moving forward includes the site survey, tree inventory,
site furnishing selections (benches, trash receptacles, and recycling containers) and associated
mounting details, story walls, layers of accent lighting, and the expansion of the tree planting
areas with limestone planter curbs.
The need for new design work across the Pedestrian Mall falls into two main areas.
1. Expansion to utility scope. Under City direction, the utility scope has expanded
substantially to include water main replacement, fiber/telecommunications, traffic
signalization upgrades, and other per scope outlined in Task 1.3.
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Redesign of Pedestrian Mall paving. The expansion to the utility scope and layout for
new lighting and conduit runs will impact the extent of replacement paving. Additionally,
since the completion of the 2014 Iowa City Downtown and Pedestrian Mall Streetscape
Plan Update, the existing brick surfacing is showing signs of further deterioration. The
brick surfacing has become more uneven and unsafe and full replacement may be
warranted.
Specific to the North Pedestrian Mall, previous design work that will advance includes the site
survey, the findings from the geotechnical investigative report, the limestone planter wall
section and structural engineering of the footing, story wall elevati and section and structural
foundation, and the gate enclosure at the Park@201 transformer.I the City and design team
elect to move forward with the previously selected unit paver, Unil ck's Holland Premier
Charleston Paver. two Davi a sections will advance to con structio documentation.
The need for new design wor at the North Pedestrian Mall
the art piece. The City's directi to the design team is to a
as flexible open space. This will quire a revisiting of the la
drainage, planting plans, and light g layout.
A number of improvements from the Washington Streetsca
including the wayfinding kiosk design a d structural engine
specification for kiosk lighting, and the s1h.ecification for the/
and associated mounting detail.
nds to the abandonment of
ch the North Pedestrian Mall
and materials, grading and
project will move forward
ig of kiosk foundation,
ver pedestal at planting areas
In addition to the work described above, the design tear/ has participated in a comprehensive
and ongoing public outreach effort which contiriqes to i0form each subsequent design phase.
Task 1.1 Pre -Design Meetings /Information Gat ng Workshops
This task will be a series of meetings and workshop with City representatives, stakeholders, and
property owners and business owners to develop t e sign as it relates to the permanent stage
canopy, programming of secondary destination pavi ,utility upgrades, and functional and
accent lighting.
The Consultant team will conduct the inform ion gathering orkshops over the course of two
days, with Meeting #1 and 2 anticipated to to a place during a trip. There are six parts to the
information gathering:
1. Consultants will meet with the City ar/d two key stakeholder'jroups, ICDD and SOTA, to
discuss programming and festivals anclevents. [ Meeting #11
2. Consultants will meet with the Cityatd three stakeholder groups, ICND, SOTA, and Sheraton
representatives to discuss the per anent stage design and stage lig ing and audio visual. [
Meeting #2 ]
3. Consultants will meet with pro rty owners and business owners (+37 business owners) in
small groups organized by se tion of Pedestrian Mall to discuss the schematic design plan.
Meetings to occur over the c9firse of one day. [ Meetings #3 — 8 ]
4. The structural engineer and civil engineer will perform a field investigation of the three existing
vaults. [ Meeting #9 ]
5. Consultants will inquire and meet with as necessary, all public and/or utility entities owning
underground utilities within the Pedestrian Mall. Meetings to occur over the course of one day
-3-
[ MidAmerican Meetings #10 and 11, City Utilities including Water, Storm Sewer, Sanitary
Sewer, Electric, Telecommunication and Fiber, Meetings #12 - 16 ]
6. Consultants will perform site survey on additional site areas to complete necessary
coordination.
7. Locate utilities via potholing.
Deliverable: Meeting notes and field reports.
Task 1.2 Kick-off Meeting 1
Meet with representatives of
communication paths, review
information, and confirm deliv
Deliverable: Meeting minutes
City to review information
confirm schedule, confirm
les. [ Meeting #17 ]
schedule.
during Task 1.1, establish
objectives, review existing
Task 1.3 Development of Design
The development of the design shall i clude but is not limited to a following elements:
1. Permanent stage, canopy, rede igned seating and walls at following elements:
Fountain;
2. Private and public utility upgrade including enhanced p wer for vendors and events;
3. Secondary destinations including\wayfindir
4. Site furnishings including up torecycling containers;
5. 'Story walls';
6. Gateways at College and Linn;
7. Vendor cafe and overhead shade8. Paving;
9. Functional and accent lighting;
10. Enhanced planting areas and planspeces;
11. Maintenance and emergency service vehicle,
12. Relocation of existing public artwork; and
13. Existing limestone planter walls. /
The Consultant team shall provide design and
t the North Pedestrian Mall;
benches, trash receptacles, and
dining;
and circulation;
1.3.1 Wayfinding Design Services
Three wayfinding kiosks are currently propose within the Ped e tris
include the Clinton Street entry, Linn Street a try, and near the S e
continuation of the kiosks installed along W shington Street and c
eight different languages. Kiosk design se ices shall include refine
location as a focal point within the secon ry destinations. Dependi
consider the elimination of the kiosk n r the Sheraton Hotel. The
internal lighting was completed as pa of the Washington Street pr(
design to be provided by others.
per the following.
Mall. Proposed locations
fon Hotel. The design is a
nunicates "Welcome" in
mt of their positioning and
upon budget, the City may
tal footing design and
. Vinyl map content and
1.3.2 Lighting Design Services
Develop the lighting design considering use of light and practical criteria such as light levels,
fixture and lamp types, visual comfort, energy efficiency, and maintenance. The lighting design will
address functional and pedestrian scale pole lighting, tree accent lighting, Weatherdance fountain
lighting, permanent stage canopy lighting, gateways, overhead structure, up -lighting of story walls,
MIR
festive lighting with TCDD, and lighting of public artwork (Solar Marker, Balance in Place, Treasure
Island, Dorothy, Jazz, and Ties that Bind). The proposed lighting for the public artwork needs to
be flexible as to accommodate other pieces in the event that the current ones are switched out
or moved. Provide lighting layout drawings, photometric calculations, fixture schedules, and
catalog fixture sheets. The Consultant team shall coordinate one mock-up of pedestrian pole
light(s) for review and comment. The cost of mock-up and installation shall be paid for directly by
the City, outside of this agreement.
1.3.3 Story Wall Desig Services
Design and detail thre story walls. Walls will be locateat the College St. entry, near
Weatherdance Fountain, nd at the North Pedestrian Mall. a message/content for each of the
three walls will be providedy others. Two meetings are an cipated and scheduling will align with
meetings listed in Task 1.4.
Meeting #18
Consultants will meet with the ty and a key stake Ider group including members from the
business community, Iowa City His ric Preservation ommission, Public Art Commission, ICDD,
and UNESCO City of Literature repr entatives to dis uss theme, message, and optional writers.
Meeting #19
Review design development of 'story
1.3.4 Permanent Stage Canopy Design S
Architectural design of the permanent stage
development of materials and layout, and str
sizes, materials, and lighting.
y shall include coordination with stakeholders,
engineering of the canopy foundation.
Stage canopy lighting design services inclufie inter
theatrical and performance lighting. The system she
changing lights, and infrastructure t/video
ort additior
Audio/Visual design services shac sound
Services include model generation speaker c
coverage and selection of sound an systems
Meetings to review the
1.3.5 Electrical E
Design of electrical
performances, fest
and wayfinding kio!
lighting to be incluc
engineering design
wiring layout.
and adjustable architectural lighting and
ude lights mounted in the canopy, color
t and video systems design.
arrays to ensure proper sound
of the canopy design are intruded within Tasks 1.1 and 1.4.
ne mg Services
to s including electrical power distribution includi power needs for
/and events, vendors, pedestrian scale light poles, eceptacles at planters,
electrical lighting circuiting and foundations. ElectFi al supply for holiday
New lighting for Weather Dance fountain shall be included. Electrical
ill include preparation of electrical/lighting plans and installation detail and
1.3.6 Civil Engineering Services
Civil engineering services shall include the following scope.
-5 -
Vaults
Civil scope shall include coordination with the structural engineer on the investigation of the three
existing vaults and associated repairs, waterproofing, and vault hatch replacement and upgrades
as needed.
Gas, Electric, and Telecom
Consultant will communicate with utilities identified as having facilities within the project limits.
Consultant will review proposed improvements with said utilities to determine what concerns they
may have and coordinate with them concerning any propose upgrades.
Consultant shall coordinate with City departments on placem nt and upgrade of City used and
City leased Fiber optic and telecom facilities. Consultants all prepare design documents to
illustrate and descn a civil engineering design components of a City telecom and leased conduit
and hand hole facilit s. There shall be one 2" conduit run for itv use and two 2" conduit runs for
the lessees.
Storm Sewer
Consultant will review the is
will review videos of the sto
system. Consultant will also
Consultant will make recomme
this review. If determined nec
storm sewer system within the
ig storm sewer system
sewer provided by the
,aluate the capacity of
ations for improveme
ry, Consultant will c
roi ct limits.
Consultant will determine the invert eYlpvation of st
City will be available to assist with gainiN access to
Intake at Weather Dance Fountain. Civ
relocating existing intake west of fountain.
for providing storm piping to intake and to
Segment 4 at corner of College and Dut
design of a new intake and connection to
East Section. Relocate intake near Brea Garden,
improvements required along entire east ection.
tthe project limits. Consultant
to look for deficiencies in the
existing storm sewer system.
of the existing system based on
gn a replacement for the entire
sewer segment #1. If necessary,
ream structures.
iinate with the City on interest in
is desired, Civil shall review options
shall coordinate with City and provide
!r segment 4.
coordinate with City on drainage
Indicate and specify on construction d currents that existin storm sewer lids and castings
to be replaced new with City lo:here
o
Coordinate addition of new necessary throughout Pe strian Mall.
Water
Consultant shall review cnd pressures of existing wate system within the
project limits with the City.he system is determined to be d icient Consultant
shall design a replacemenain.
Replacement of the _A -inch cast iron water main on Dubuque Street between
Washington Street and College Street.
Upsizing of approximately 200 feet of 6" DIP water main to 8" DIP from Bread Garden
Market to S. Linn Street.
11�
No upgrades or replacement of the existing water main will be required along College
Street section of the Pedestrian Mall to approximately 200 feet west of Linn Street.
Fire hydrant relocation near Sheraton to avoid conflict with stage canopy.
Coordinate water main materials City staff and DN
Assist City in filing docume nts for DNR Public Water qupply Construction Permit.
The Consultant shall coordinate the selection of appr priate water main and gasket materials with
applicable City of Id a City Divisions and the Iowa NR based on spatial relationship to identified
LUST sites.
Assist City in filing cuments for permits appli able to civil engineering design components
inclusive of the Iowa D Public Water Supply Co struction Permit Schedules 1a,1c, 2a, and 2b.
Sanitary Sewer
Civil shall review video in\Co
tapes provide by the City and discuss any noted deficiencies. If
deficiencies are noted ant shall disc ss with City and make recommendations on
proposed improvements or
Consultant shall review existing and)
evaluate and prepare a recommends
limits. City shall provide peak flows for
Civil shall prepare and submit Iowa
applications shall be paid by the City.
I land use within the project limits and use this to
sanitary sewer system capacity within the project
;ing sanitary sewers beyond the project limits.
applications for utility improvements. Permit
Prepare design documents to illustrate y(nd des ibe civil engineering design components of the
project consisting of plan and profile sh ets for sto m sewer, water main and service connections.
Collaborate with design team on fire trupk access, ci culation, and turning radii.
1.3.7 Underground Utility Inve:
Potholing to determine exact lots
an independent contractor(s), as
results to the City. This service
reimbursable expense, not to ext
approved by the City. I
tion Services
of utilities (horiz0 al
ined by the Cons
I be authorized in w
the allowance noted
and vertically) will be completed by
t. The Consultant shall submit all
ng by the City and submitted as a
jthin reimbursable schedule, unless
1.3.8 Geotechnical Engines mg Services
Upon authorization by the ty, geotechnical services may be s bmitted as a reimbursable
expense. These services wo Id provide underground boring logs, an sis and recommendations
for pavement and footings ctions. The locations and scope shall b approved by the City in
writing.
1.3.9 Structural Engine ring Services
Structural design and drawings for permanent stage canopy, gateway features and any other
overhead structures, 'story wall', light pole footings, wayfinding kiosks, and public artwork
foundations (Solar Marker, Balance in Place, Treasure Island, Dorothy, Jazz, and Ties that Bind).
Review existing limestone planter walls and provide engineering recommendation to correct out-
-7 -
of -plumb issues. Scope shall include analysis of existing vaults, field repair recommendations as
needed.
1.3.10 Traffic Signalization Design Services
Traffic signalization design for replacement of traffic signalization and pedestrian activated push
buttons at the intersection of East College Street and South Clinton Street. Traffic signalization
design shall include signal layout, wiring layout, signal phasing, and signal details.
1.3.11 Cost Estimating Sery ce:
The Consultant will prepare o:
Development (DD), 30% comp t
Construction Documentation (C
100% completion of CD milestone:
and budgets. Adjustments shall be
shall be broken down per bid item.
estimates for the project at
i of Construction Documentat
90% completion of Constructl'I
n the design to aid design diref
lade to the design as directe t
70% completion of Design
in (CD), 60% completion of
n Documentation (CD), and
on, scope, material selection
the City. Estimates provided
1.3.12 Construction Staging
The Consultant shall prepare a staging pl n showing the major hases of work required to
complete construction. The plan shall incl u a phasing restricts s and messaging regarding
pedestrian circulation, as well as accommo tions for emerg cy access. The staging design
shall take into consideration access to adjace t properties a to the extent possible, service and
delivery access to properties within project lima . Constructi n staging plan pending development
of design, scope, and budget and construction Nay requirEy multiple construction seasons.
Task 1.4 City Committee Meeting, Ongoing
The Consultant shall meet with the City to revi
project schedule. Up to four meetings are a
meetings utilizing 'GoToMeeting' or other.
eview + Technical Workshops
vancement of the design elements and
as well as regularly scheduled online
Meeting #20
Review findings from information gath/ie,
ault xploration. Design refinement including
utility upgrades, electrical engineering ring re lacement and materials, and pole light
options.
Meeting #21
Design refinement including canopy deeating an walls at Weatherdance Fountain,
vault improvements, secondary destinapaving and ainage improvements. Structural
engineering update. Lighting design revitometric layo is and electrical engineering.
Meeting #22
Utility upgrades, design advanc
materials, limestone planter walls
Meeting #23
The Consultant will hold
SOTA to discuss design n
walls at the Weatherdance
Deliverables: Meeting
,it of permanent canopy, secotVary destinations, paving
lighting, site furnishings options, a d other.
update meeting with ICDD, Sheraton representatives, and
of the permanent stage canopy and redesigned seating and
Review general progress on Design Development set.
Task 1.5 70% Probable Cost Opinion and Design Development Submittal and City Review
The Consultant team will submit drawings and cost estimates to the City for formal review at 70%
completion. The City will endeavor to return review comments to the Consultant within a two week
period.
Deliverable: Drawings and cost opinion will be submitted in digital format for review.
Task 1.6 City Online Meeting
'GoToMeeting' or other to review City comments on 70% DD submittal and review cost opinion.
[ Meeting #24 ]
Deliverable: A memo outline of comments and how each is
Task 1.7 Business Own Preview and Public Open House,1 [Meeting #25 ]
The Consultant team shall esent the final design plans to siness owners and the general
public prior to proceeding with Xonstruction documentation.
Deliverable: Digital presentation anti summary of open house Vomments
Task 1.8 Completion of Design Nvelopment Plans nd Presentation of 100% Design
Development to City Council [ Meeti #26 ]
Consultant shall finalize design develop\de'
uments ased upon comments received in the
meetings held pursuant to Task 1.8 andthe fina design development documents to the
City. Consultant shall give a presentationity Co cil at a public meeting scheduled by the
City Council, which shall include the findeve pment plans and an updated 100% DD
cost opinion.
OVERVIEW: Upon approval of the design dee
forward and produce drawings with greater detail
set of drawings that include information needed fc
Task 2.1 Construction Drawings
Develop the City -approved Design Develol
drawings and specifications which will serve
These documents will include:
ent drawings, the design team will move
Construction Document phase produces a
contractor to bid and construct the project.
Contract
into a set of 11 x 17 construction
i. Cover/Title Sheet
ii. Estimated Quantities
iii. Tabulations
iv. Reference and Construct' n Notes
v. Removal Plans
vi. Grading Plans
vii. Utility Plans and Prof a Sheets
viii. Electrical Plans
ix. Site Layout and terials Plans
x. Structural drawi s (including recommended vault repairs)
A Planting Plan
xii. Lighting Layou Drawings and Fixture Schedules
All. Furnishings Plan
xiv. Site Details / Typical Sections (including permanent stage canopy)
xv. Sound, Video, and Performance Intercom Systems including wiring diagrams and
specifications
xvi. Project Phasing / Sequencing Plan
xvii. Specifications
Task 2.2 Ongoing Design Review and Coordination with Technical Committee
Consultant shall attend two technical review meetings at City Hall. Specific agenda items and
dates will be determined at the completion of Design Development. [ Meetings #27 and 26 ]
Deliverable: Meeting minutes
Task 2.3 30% Probable Cost Opinion and Constrt
Review
Consultant shall submit drawings to the City for formal rev
opinion shall be pre ared for this submission. The City will
the Consultant withi a two week period.
Deliverable: Drawing et and memo summarizing respon
Task 2.4 City Commi ee Meeting
Consultant shall attend a meeting to review City com e
[ Meeting #29 ]
Deliverable: Meeting
Document Submittal and City
at 30% completion. A probable cost
leavor to return review comments to
to City comments.
on 30% CD submittal.
Task 2.5 60% Probable ost Opinion and onstruction Document Submittal and City
Review
The Consultant team will submit rawings and robable cost opinion to the City for formal review
at 60% completion. The City will endeavor t return review comments to the Consultant team
within a two week period.
Deliverable: Drawing set and memo skmrrArizing responses to City comments
Task 2.6 City Committee Meeting
Consultant shall attend one meeting
[ Meeting #30 ]
Deliverable: Meeting minutes
Task 2.7 Business Owner
The Consultant will lead a st
completion of Task 2.6. The
and determine necessary ac,
[ Meeting #31 ] /
Deliverables: Digital
City comments on 60% CD submittal.
and Public
and busines
it team will rev
tions to include
vx)p
phasing diagrams,
House #3
owner preview and public open house at the
w design progress, impacts of construction,
ki construction staging and sequencing.
summary.
Task 2.8 Individual Yusiness Owner/Property Owner Consults
The Consultant team hall meet individually with business/property owners to discuss impacts of
construction and de ermine necessary accommodations to include in construction staging and
sequencing. Meetin s will occur over the course of one day. [ Meeting #32 ]
Deliverable: Accommodations to be noted and included within drawing set.
-10 -
Task 2.9 90% Probable Cost Opinion and Construction Document
Submittal and City Review
The Consultant team will submit drawings and probable cost opinion to the City for formal review
at 90% completion. The City will endeavor to return review comments to the Consultant team
within a two week period.
Deliverable: Drawing set, specifications, and memo summa
Task 2.10 Identify Potential Easement Needs
Provide descriptions for r drawings to illustrate any i
acquisitions. Property acq I ition plats shall be classified as
of the City.
Task 2.11 IDNR Water S
Assist City in filing docu
inclusive of the Iowa DNR
Task 2.12 City Committee
Consultant shall attend one
submittal. [ Meeting #33 ]
Deliverable: Meeting Minutes
Permits
for permits applicable to
Water Supply Construction
to review City
responses to City comments.
essary easement or right-of-way
additional service, at the discretion
engineering design components
nit Schedules 1a,1c, 2a, and 2b.
on cost opinion and the 90% CD
Task 2.13 Submittal of 100% Probable Co t Opinion a d Construction Document Package
Submittal to include drawings and specificati s, quantit s and opinion of probable construction
cost. Submittal to be in PDF format. Hard c y plans to be printed as reimbursable expense.
Quantity of plans to be identified by the City.
TASK 3. BID PHASE
Services include:
i. Attend public hearing
ii. Attend pre-bid meeting
iii. Attend bid opening
iv. Coordinate document printing and plan r om distrit
v. Answer contractor questions
vi. Review substitution requests
vii. Prepare necessary addenda
viii. Make recommendation regarding qu ified bidders.
TASK 4. CONSTRUCTION ADMINIST
OVERVIEW
The City shall provide the daily constr
services to perform certain limited sery
perform. Such visits and observation
inspection of the Contractor's work but
experienced professionals, to becorr
determine, in general, if the Work is
the City desires more extensive pr e
shall request that such services e
accordance with the terms of this gr(
c on administration, but desire to retain the Consultant's
rs detailed below, which the Co sultant hereby agrees to
not intended to be an exhau ive check or a detailed
3ther are to allow the Consultant ot its sub consultants, as
generally familiar with the Work in progress and to
oceeding in accordance with the Contract Documents. If
I observation or fulltime project representation, the City
provided by the Consultant as Additional Services in
:ment. The Consultant shall not supervise, direct or have
control over the Contractor's wo k nor have any responsibility for the construction means,
methods, techniques, sequence or procedures selected by the Contractor nor for the
-11 -
Contractor's safety precautions or programs in connection with the Work. These rights and
responsibilities are solely those of the Contractor in accordance with the Contract Documents.
The Consultant shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or employees of any
of them. The Consultant does not guarantee the performance of the Contractor and shall not be
responsible for the Contractor's failure to perform its Work in accordance with the Contract
Documents or any applicable laws, codes, rules or regulations. 1
Task 4.1 Business Owner Preview and Public Open House
Prior to the commencement of construction, conduct a publirscf
pen house to review details of
construction, work schecl le, communication paths, and contac Meeting #34 ]
Deliverable: Digital
Task 4.2 Attend
The Consultant shall attend\t
companies, affected entities a
of construction, utility conflicts
and distribute meeting minutes.
Task 4.3 Shop Drawing and 41
Review the Contractor's shop
Contract Documents.
and meeting summary.
on Conference
pre -construction con
all interested parties to
J work schedule. The C
Meeting #35 ]
Task 4.4 Design Interpretation QuestR
Answer design interpretation questions
owners and review agencies.
Review
and other
Task 4.5 Minor Plan Modifications
The Consultant shall provide minor design
anticipated this would include items such as
in staging, and modifications to avoid utilities
Task 4.6 Site Observation
with the Contractor, City, utility
the contract requirements, details
conduct the meeting and prepare
submittals for compliance with the
, contractor, inspector, utilities, property
a as required during construction. It is
to fit changed field conditions, changes
The Consultant's Landscape Architect an or Engin er shall make visits to the construction site at
intervals appropriate to the stage of cons uction to (a observe the progress, (b) review the quality
of the work, and (c) determine if t e constructi work conforms to the drawings and
specifications in the construction contra
Consultant, or its sub consultants, all visit the Pedes ian Mall construction site as outlined
below. If additional Consultant visits eyond those noted w in are desired by the City, these can
be provided on an hourly and expe a basis.
Visit #1 . Preconstruction Meetino - Genus
Visit #2. Unit Paver Mock -Up eview/Approval - Genus
Visit #3. Story Wall Fabricate Visit -Genus
Visit #4. Story Wall Mock -U Review/Approval - Genus
Visit #5 . Limestone Plant9f Wall Install Review- Genus
Visit #6. Tree Uplighting Mock -Up Review/Approval — Genus or Schuler Shook
-12 -
Visit #7 . Pole Lighting Review— Genus
Visit #8. Amphitheater Seating Layout/Form Review — Genus
Visit #9 . Gateway Installation Mock -Up Layout /West -Genus
Visit #10. Gateway Installation Mock -Up Layout/East -Genus
Visit #11 . Architectural Canopy/Canopy Mock Up — Neumann IV
Visit #12
. Architectural
Visit #13
. Architectural
Visit #14
. Architectural
Visit #14
. Structural Er
— Schuler Shook or Neu ann Monson
,V Commissioning - DD
4cceptance — Neumann onson
ice Visit 1 — Raker Rho es
Visit #15. Structural EngineAring/Allowance Visit 2 — Raker
Task 4.7 Final Inspection an unch List; Final Accepta
Consultant shall complete a fin inspection and prepare
the basis of such inspection, the nsuItant shall determin
in accordance with the plans and pecifications and sh
regarding final payment. It is un erstood that the it
recommendation by the Consultant. o visits by Cons tar
Visit #1: Establish Punch List
Visit #2: Approve Project / Close Out
Task 4.8 As -built Plans
Consultant shall provide digital files of the
creation of as -built drawings.
ADDITIONAL SERVICES
The Consultant assumes no responsibility f r thea
the City, the City's representative or an utside c r
Project, and shall not be liable for errors r omissions
to provide services due to errors or omissions in
representative or outside consultant no developed spe
be billed as additional services.
rpunch list of uncompleted items. On
I
the project is substantially complete
make a recommendation to the City
will accept the project only after
documents to be used by the City for
Meetings beyond those noted abov shall be subject to cc.
rates or agreed upon lump sum tr' charge. All additional
writing prior to work taking place.
Requests for Additional Se
before Additional Services
and any associated fee
of information or services supplied by
it not developed specifically for this
n. Should the Consultant be required
rmation provided by the City, City'
Ily for this Project, such services shall
ation based on Consultant hourly
or services shall be agreed to in
must be authorized in writing
II. TIME OF COMPLETIO
The Consultant shall c mplete the following phases of the Project in accordance with the
schedule shown.
-13-
PFDFSTRIAN MALL SCHEDULE I subiect to updates 1
Design — 70% DD
November 2016 —February 2017
Public Input Meeting #1
February 2017
70% DD —100%DD
February — May 2017
Public Input Meeting #2
May 2017
CD — 60% CD
May —July 2017
Public Input Meeting #3
August 2017
100% CD
November 2017
Bidding Phase
December 2017 — Janu4y 2018
Contract Award
February 2018
Public Input Meeting
March 2018
Construction Phase
2018 — 2019 [ TBD ]
GENERALTERMS
A. The Consultant shall of commit any of the fo lowing employment practices and
agrees to prohibit the f lowing practices in any ubcontracts.
1. To discharge or r use to hire any in ividual because of their race, color,
religion, sex, nation origin, disability age, marital status, gender identity,
or sexual orientation.
2. To discriminate against a y mdivid al in terms, conditions, or privileges of
employment because of fqeir rale, color, religion, sex, national origin,
disability, age, marital status, en er identity, or sexual orientation.
B. Should the City terminate this Agreem t, the Consultant shall be paid for all work
and services performed up to the timl o termination. However, such sums shall
not be greater than the "lump sum" amp int listed in Section IV. The City may
terminate this Agreement upon s en (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be bindin upon the succ ssors and assigns of the parties
hereto, provided that no ass ig ment shall be wi out the written consent of all
Parties to said Agreement.
D. It is understood and agreed hat the retention of the Oynsultant by the City for the
purpose of the Projects all be as an independen contractor and shall be
exclusive, but the Consul nt shall have the right to aploy such assistance as
may be required for the p rformance of the Project.
E. It is agreed by the City hat all records and files pertaining to information needed by
the Consultant for t e project shall be available by said City upon reasonable
request to the Con Itant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
-14-
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agree ent without cost, and without restrictions or limitation as to the use relative
to spec is projects covered under this Agreement. In s�ch event, the Consultant
shall not a liable for the City's use of such documents o other projects.
The Cons ant agrees to furnish all reports, specifics ons, and drawings, with the
seal of are istered professional affixed thereto or ch seal as required by Iowa
law.
The City agr\sh
nder the Consultant all fe s in a timely manner, excepting,
however, thaf the Consultant to satis ctorily perform in accordance with
this Agreemeconstitute grounds for e City to withhold payment of the
amount suffiproperly complete t e Project in accordance with this
Agreement.
K. Should any section of this Agreemen be found invalid, it is agreed that the
remaining portion shall b deemed sev rable from the invalid portion and continue
in full force and effect.
L. Original contract drawings s II b ome the property of the City. The Consultant
shall be allowed to keep myla r producible copies for the Consultant's own filing
use.
M. Fees paid for securing app r val o authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this agr ement, Consultan acknowledged that Section 362.5 of the
Iowa Code prohibits City officer or emplo ee from having an interest in a contract
with the City, and c rtifies that no employee r officer of the City, which includes
members of the C' y Council and City boards d commissions, has an interest,
either direct or i irect, in this agreement, that es not fall within the exceptions to
said statutory p ovision enumerated in Section 3 .5.
O. The Consul nt agrees at all times material to this A reement to have and maintain
professio I liability insurance covering the C sultant's liability for the
Consult is negligent acts, errors and omissions t the City in the sum of
$1,000 00.
P. The Consultant shall not be responsible for failure to perform or for delays in the
performance of services which arise out of causes beyond the control and/or
without the fault or negligence of the Consultant or its sub consultants.
-15-
Q. The Consultant shall not be required to sign any documents, no matter by whom
requested, that would result in the Consultant's having to certify, guarantee or
warrant the existence of conditions whose existence the Consultant cannot
ascertain. The City also agrees not to make resolution of any dispute with the
Consultant or payment of any amount due to the Consultant in any way contingent
upon the Consultant's signing any such certification.
R. All documents including Drawings and Specificationsrepared by the Consultant
pursuant to the Agreement are instruments of service with respect to the Project.
They are of intended or represented to be suitable f reuse by the City or others
on extens ns of the Project or on any other Project Any reuse by the City or a
third pers or entity authorized by the Citythout written verification or
adaptation the Consultant for the specific purpo intended will be at the City's
sole risk and ithout liability or legal exposure to th Consultant; and the City, shall
release, indem ify and hold harmless the Ci ant from all claims, damages,
losses and expe ses including attorneys' fees aris ng out of or resulting there from.
Any such verifi tion or adaptation will enti a the Consultant to additional
compensation at ra s to be agreed upon by the onsultant and the third person or
entity seeking to reus said documents.
S. In entering into this Agr ement, the City has elied only upon the representations
set forth in this Agreeme t, including the ecember 3, 2014 Schematic Design
created by Consultant. No erbal warranti , representations or statements shall
be considered a part of this greement a basis upon which the City relied in
entering into this Agreemen No sta ments, representations, warranties or
understandings, unless containe herei exist between City and the Consultant.
T. The City agrees to include Genus-s,Consultant for the Project, in all construction
signage identifying the project. x
U. The Americans with Disabilities t 'Al)regulations provide that it is a violation
of these regulations to design nd co truct a facility that does not meet the
accessibility and usability requir ments of he ADA unless it can demonstrate that
it is structurally impractical to/meet the re uirements. Consultant shall generate
construction documents that/comply with t e Public Right -of -Way Accessibility
Guidelines (PROWAG) Man al.
V. Both parties acknowledge hat the Consultant's ope of Services does not include
any services related to determining the prese ce of any hazardous or toxic
materials. In the event t e Consultant encounters a y hazardous or toxic materials,
or should it become k wn to the Consultant that s ch materials may be present
on or about /util
si or any adjacent areas that y affect the performance of
the Consultaces, the Consultant may, at its o tion and without liability for
consequentiother damages, suspend perfor nce of its services under
this Agreemtil the City retains appropriate consultants or contractors to
identify and or remove the hazardous or toxic materials and warrants that
the jobsite isompliance with all applicable laws and regulations. As used in
this Agreeme term hazardous materials shall mean any substances,
including butited to asbestos, toxic or hazardous waste, PCBs, combustible
gases andls, petroleum or radioactive materials (as each of these is
defined in applicable federal statutes) or any other substances under any
conditions and in such quantities as would pose a substantial danger to persons or
property exposed to such substances at or near the Project site.
-16 -
IV. COMPENSATION FOR SERVICES
For the Scope of Services as described in Section I above, Consultant shall be compensated on
an hourly basis, according to the fee schedule set forth below, for the following not -to -exceed fees
within each of the following phases:
PEDESTRIAN MALL r Genus Proiect # 160341
Task
1 .
Design 4veiopment
$ 70,805
Task
2 .
Constructi Documents$
309,619
Task
3.
Bidding Pha
26,288
Task
4.
Construction A ministration
$ 93,059
Hourly Not -to -Exceed Fe
$ 699,771
ESTIMATED PROJECT REIMBURSABLES �r
Estimated General Reimbursabl Expenses
$ 19,750
Geotechnical Engineering Services allowance r
$ 10,000
Underground Utility Investigation - allo ance
$ 20,000
Estimated Reimbursable Total
$ 49,750
Reimbursable expenses will be invoiced directly
include, but are not limited to: mileage (to be paid
car expenses, long distance phone, postage, printi
approved travel and lodging. Approximately 40 tr
agreement. Expenses above the estimate noted/f
prior to performance.
he City at direct cost. These expenses
crent IRS standard mileage rate) or rental
of IXicing, permit and construction sets, and
to IoNa City are anticipated as part of this
ve shaX be approved in writing by the City,
All work shall be billed on an hourly basis not/fo exceed the ma 'mum amount specified. Fees,
including reimbursable expenses, are due and payable in full withi 30 -days of the invoice date.
Additional Services are services provided outside the scope of t is Agreement and may be
provided upon City's written authorization.
Consultant fees are calculated based on past experience with this project nd understanding that
the project construction budget is +/- $6,000,000 + additional utility scope s defined within this
proposal. 1)
Due to the overlap in scope associated with recently completed planning, desind engineering
consulting by the Consultant and Subconsultants for the Pedestrian Mall; the following fee credit
of has been factored into the hourly not -to -exceed fee.
North Pedestrian Mall : $22,000 credit
Pedestrian Mall Schematic Design: $63,000 credit
The above-described not -to -exceed fee amounts are based upon the following project hourly
billing rates:
Genus Landscape Architects
Principal Landscape Architect $ 165
-17 -
Project Manager $ 110
Landscape Architect $ 100
Associate Landscape Architect $ 70-85
Planner $ 65-80
Administrative $ 50
Shoemaker & Haaland
$ 165
Principal In Charge
$/43
Principal P.E.
$
Survey C w [ 1 or 2 man ]
$73
Project Ma ager
$8
3D Scan [ o ce or field ]
$62
Project Engin r
$16Construction
M ager
$08
Staff Engineer
$94
Surveyor
17
CAD Technician
$07
Administrative
$
Raker Rhodes Engineeri
Principal
$ 165
Expert Witness
$ 225
Associate / Registered Enginee
$ 125
Project Manager
$ 105
Project Engineer
$ 95
Drafter
75
Clerical
$ 60
Schuler Shook \
Partner $ 205
Principal Lighting Designer $175
Sr. Lighting Designer $155
Project Lighting Designer $145
Lighting Designer $135
Lighting Specialists $ 120
Neumann Monson
Vice President/Princi I
$ 215
Specification Writer/
$ 165
Architect
$ 130
BIM Applications ecialist
$110
Intern Architect
$ 110
SRF Consultin Group, Inc.
Principal Eng _ er $ 209
Sr. Associate ngineer $132-$193
Graduate E ineer $ 94-$114
Technician $112
Intern $ 59
MMS
Survey Chief $ 114
U
MU
Land Surveyor 1 $ 119
Engineer Technician 1 $ 92.50
Administrative Assistant $ 59
Diversified Design Group
Designer/Consultant 135
Industrial Sales Company, Inc.
Project Manager $
A. All prkvisions of the Agreement shall be
acceot d Professional standards.
in accordance with the generally
B. It is furth agreed that there are no of r considerations or monies contingent upon
or resultin from the execution of this reement, that it is the entire Agreement, and
that no othe onies or considerations ave been solicited.
C. Consultant will r upon the City to p orm the following:
1.Provide Cons ant with any av ilable information such as topography, site
plans, building p ns, mappin and other information the City deems pertinent
to the project;
2. Designate a liaison
Consultant to coon:
meetings, and be n
the Consultant;
3. Perform inspections to
and sewers, and provic
4. Acquire any
,m the City who will work directly with the
collection of City -supplied data, arrange for
for the general coordination between the City and
the condition of existing intakes, manholes
tqt with reports related thereto;
property rightsN(or the construction of the project.
-19 -
FOR THE CITY
An
FOR THE CONSULTANT
d • �®
id Principal Landscape Architect
2016
-20 -
EXHIBIT A: PROJECT WORK LIMITS
CITY OF IOWA CITY
MEMORANDUM
Date:
November 3, 2016
To:
City Council
From:
Geoff Fruin, City Manager
Re:
Temporary increase in Police Department staffing
__rrm_fr�
The City Council's strategic plan includes a goal to recruit and retain a greater minority
workforce. The City has an opportunity to further diversify sworn staff within the Police
Department through the approval of a temporary increase in authorized staffing levels.
The City recognizes the importance of further diversification of the City's workforce in providing
municipal services to our community. This is a particularly high priority with regard to providing
law enforcement and community policing services. In accordance with Chapter 400 of the Code
of Iowa, the Chief must hire sworn Police Officers from a hiring list certified by the Civil Service
Commission. The Civil Service statute requires that the hiring list be certified in rank order
although the Chief is not bound to the order of the list in making hiring decisions. There are two
existing vacancies at the Police Officer rank within the Iowa City Police Department, and the
department has secured four open positions in the January 2017 session of the Iowa Law
Enforcement Academy (ILEA) training class. The four candidates in the next highest rank order
from the names remaining on the current hiring list include a veteran and three candidates who
are Black/African American. To take advantage of this opportunity to further diversify the ICPD
workforce, staff is seeking the authority to hire four Police Officers for the January 2017 ILEA
training class which will exceed the authorized staffing level at the rank of Police Officer by two
full-time officers. Future vacancies at the Police Officer rank will be left unfilled until department
staffing returns to the current authorized level.
Police Officer racial
64 92.2% 3.1% 1.6% 3.1%
68 88.2% 7.4% 1.5% 2.9%
66 87.9% 7.6% 1.5% 3%
Assumes next two vacancies are created by the departure of white employees.
Note: The 2010 Census states that 5.8% of our population identifies as Black or African American
I recommend that City Council adopt the resolution authorizing the Iowa City Police Department
to temporarily exceed their authorized staffing level of sixty-six sworn Police Officers to facilitate
the hire of racially diverse candidates for the January 2017 session of the Iowa Law
Enforcement Academy. Without taking this action, the City risks that our Police Officer
candidates will find employment elsewhere before a vacancy naturally occurs within the
department. The hiring of additional positions will result in an estimated monthly cost of $7737
per officer.
Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5025
RESOLUTION NO. 16-31
RESOLUTION AMENDING BUDGETED POSITIONS IN THE POLICE DEPARTMENT BY
TEMPORARILY ADDING TWO FULL-TIME POLICE OFFICER POSITIONS.
WHEREAS, Resolution No. 16-59, adopted by the City Council on March 1, 2016, authorized
budgeted positions in the Police Department for FY17; and
WHEREAS, the City recognizes the importance of workforce diversity; and
WHEREAS, there are two vacant Police Officer openings due to recent retirements; and
WHEREAS, the City has secured sufficient openings in the January 2017 session of the Iowa
Law Enforcement Academy to train four new police officers; and
WHEREAS, three of the next four candidates on the rank order certified civil service hiring list
for the position of Police Officer are Black/African American;
WHEREAS, future vacancies will not be filled until department staffing at the rank of Police
Officer returns to the current authorized strength of sixty-six officers;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The budgeted positions in the Police Department be amended by temporarily adding two full-
time Police Officer positions.
Passed and approved this 15th day of November 20 16 .
It was moved by Mims
and upon roll call there were:
AYES:
X
X
X
X
X
X
MAYOR'fro
p rove
/i-3_11�
City Attorney's Office
and seconded by Dickens the Resolution be adopted,
NAYS: ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
X Throgmorton
I
6
10
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-320
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST ALMOST
PARADISE
WHEREAS, on November 5, 2016, an employee of Almost Paradise, 355 S. Linn St., Iowa City,
violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Almost Paradise was a retailer as defined by Iowa Code
§ 453A.42; and
WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer shall be
subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code §
453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Almost Paradise and at said hearing the City Council heard the facts of
the violation and the arguments of the retailer, if any; and
WHEREAS, this violation is the first such violation of an employee of Almost Paradise within a
two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and bearing, and pursuant to Iowa Code § 453A.22(2) and §
453A.47A(11) hereby imposes a civil penalty in the amount of $300.00 against Almost Paradise.
BE IT FURTHER RESOLVED, that said retailer has thirty days from the date of this Resolution
to pay the civil penalty in full, and if the civil penalty is not timely paid any applicable permit
held by the retailer shall automatically be suspended for a period of fourteen (14) days, in
addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: November 15, 2016
Mayor, r y o
Pro thin
ATTEST:
City Cteirk, City of Iowa City
Resolution No. 16-320
Page 2
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
x
x
x
ABSENT:
x
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
to
❑T-CJW
COMPLAINT
-t9131ES ❑NON -RES
OOC,FiS-O&R
IOtvA aworzhl CITATION ANCCMIrLA1NT
EP
DARTMENT
❑HIS '$NON -HIS
ARMED OYES �j•10
f
IOWA C1 OLICE
op
ING Y '�
OFish-Game OParks OTobacco
PLAINTIFF:
O
Scheduled Vio/Pine S_..1.V
rstalcorlowa
511
3
I(i`
N2 217269
5 County of
JOHNSON- No.:
Reason:
Do Court Costs S
❑ City of:
IOWA CITY
❑Fatal Accident
In am Court at
Vs.
NAME: _
Address
City 1-,
DL
Vic undersigned states that on at about-�L
defendant did unlawfully: Rio'
Operalc Motor Vchicic/Boat (describe)
_Stat0=1A Co.#
��
DL, /Stale ID Viewed? Yes N
SesMFit.�WLj�
v
/N/U
AMI PM
CDLReq'1 Yes❑ NoO Pass End -Req? Yes❑ NoO IlazmaiadmiI. YcsO No0
Reg. ;l -__�'tate
L
Ye:r—T
aw • �, 'n �T
Upon a Public highway at I� 6"&R_,
'S
Located in the county and stole albres-aid and did Ihen and
there cummit the tbl lowing offense:
❑Traffic ONavigallon OSnoeauabilc/ATV
OFish-Game OParks OTobacco
v
O
Scheduled Vio/Pine S_..1.V
Road COOstFlUctlon Zonc
511
3
NooScheduled Violation
Surcharge S -, -
O Court Apjrearance Rcquised(805.10)
O b0
Reason:
Do Court Costs S
E3P.I.❑ P.D.($1000) Accident
.d]
❑Fatal Accident
000 D2ningc Assessment
Not Total Pine/ sls
Violation 1
K'pv
Wrilc
Speed In Ir Zortc-SmN
IA Code
DATA CODE Fed/Adm. Code
Local Ord.
In I cenily slider penalty ol'perjury and pursuant to the Ines OHIO State ol'lowa Iltat the
preceding is tam and correct,
This Da1eAjU05-165
NO.Doi,1'r. OffnOm
1 No,
Space
Court Date: Iryou must ❑ppcar in for if}•pu choose to appear to ansaccrn charge
which d at Fal an appearance, report to the zibbo�ove named court on: ''
I�/ in / / � U at n pJ�M ❑ PM
Ma. 17av Yr.
OTIC& I'roviding rdse inrovirladon is a violation of Section 719.] oraut Ea—d.—or
Iowa and is plmishable ns un aggmvalcd misdcmrnnar.
My sig6nature below isnot a plea of guilty, but acknowledges all of the following:
I. 11¢reby swear and naimt I ml the infonnuliun Iva idcd by me on this citation is Inlc under Ixnally
a l'prowding cinan.
2, 1prOmise to npppprnrinsnsaidid wort nt said time and plaac, ort will complywithl nrnnn on ,hc
Ino of the mvnse side of the clarion. /� Q,,,.+
17ne falloo ing applies In simpk misdantators only: Zj V
J. I herebygive my aasamed apK,tmnce bond in dm muount or dollars and enmr my written
appearance. I agree that if I frit to appear in Person or by mmncl to dcfcnd against the offense charged �
in Ihi> ciation, IIIc Cann is utboriieJ to ell IT,t eentietlon and RIItIY jUdgnlelll against ala for Ibe
amouutorurynppcormce ndinsniS lion of rbc penally anJ Swchargc plus coon costs
Signature uw
------------------
-------IOWA CITY )A 17.5 printed by GA. Thompson Co. • Callas, TR 752D4 -1(800) 527-0360 - Yrww.gathompsarteom
J
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kBSTRACT OF COURT RECORD
CQLlR'I'N('). . — . . C.ASE NO,-------,
F)O':KEI'N().-- CASE NO.
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P, OTHER
VURFEM301,11) 0
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UTI I.F.R DISPOSITION'
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FJKI:D�_ SURCHAR(IMS__
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_10WA
TO TI IT-. COURT: 'Mic rol Io ing, as mitilesws who can give tcstinlony iclutini, to
of dl;, % I 1q..z(f -;j ,I: air'll. PIC= subpocna proscou I ing vvimcs<:
Title Name Addlvss Phone
J_ — — —
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-321
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST DELI MART #2
WHEREAS, on June 1, 2016, an employee of Deli Mart #2,1920 Lower Muscatine Rd., Iowa
City, violated Iowa Code § 453A.2(l) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Deli Mart #2 was a retailer as defined by Iowa Code §
453A.42; and
WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer shall be
subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code §
453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Deli Mart #2 and at said hearing the City Council heard the facts of the
violation and the arguments of the retailer, if any; and
WHEREAS, this violation is the first such violation of an employee of Deli Mart #2 within a two
year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) and §
453A.47A(11) hereby imposes a civil penalty in the amount of $300.00 against Deli Mart #2.
BE IT FURTHER RESOLVED, that said retailer has thirty days from the date of this Resolution
to pay the civil penalty in full, and if the civil penalty is not timely paid any applicable permit
held by the retailer shall automatically be suspended for a period of fourteen (14) days, in
addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: November 15, 2016
Mayor, ty Ci
ATTEST: Aa4IL
City Clerk, City of Iowa City
Resolution No. 16-321
Page 2
It was moved by trims and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
x
x
x
ABSENT:
M
ABSTAIN:
Dickens
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
the
�Il
E -FILED 2016 JUN 02 2:18 PM JOHNSON - CLERK OF DISTRICT COURT
DT -CNV
COMPLAINT
D RES D NON -RES
D OCU S -C&R
IOWA .UNWORM CITATION AND COMPLAWT
DHIS DNON-HIS
IOWA CITX PQ M P RD NT
ARMED D YES D NO
PLAINTIFF:
INCA fS�l
D Slate of Iowa
D County of:
I C
JOHNSON No.:
N2 180649
D City of:
IOWA CITY
In the Coon at 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE
CityState Zip
SS/DL #`iKR AA -L49 7 State Co. #
DL Classy DL End DL Rest.
DOB % 1 i A7 RaceS,a.L_ Sex P�- li _� lb Wt.
The undersigned states that on or about L4 I L I Ltd at DAM $PM
defendant did unlawfully: Mo. Day Yr.
Operate Motor Vehicle/Rost (describe)
CMV O Yes O No HazMar Plac. Req. D Yes D No US DOT#
Reg. At Stated ,� —Year
Upon a public highway at��11<r kdt L*� t—l.s � Nkiwr� L .
Located in the county and state aforesaid and did then and these commit the following offense:
ljf.TrafEC ❑ Navigation 11 �Snow��moobil��e/ATV ❑Fish -Game ❑Parks
HScheduled Vie/Fin. $,_ D Road Construciinn Zone.
Dn Scheduled Violation
surcharge �Nn
$ D Court Appearance Required (80.1. IU)
Reason:
Do Court Costs $ ❑ P.I. tDP.D.(SIOW) Accident
y.Qa��+ L CIFatal Accident
Not Total l•ine/Cosn $ 0 Civil Damage Assessment
ViolationsAx'UA%_"4 ilt•'tN^C
Write Speed In Zone -Sec. # t IA Code
DATA CODE Fed/Adm. Code Local Ord.
in I certify under penalty of perjury and pursuant to the laws of the Stale of Town that the
preceding is true and correct.
This 1� , I , UP . ,�,, Z
Duled
.Ma. Day Yr. fEcei s Sigmtwe tD No.
Space
Court Dalu:lf you most appear in court or if you choose to nppear to answer a charge
which does not require an appearance, reporty�o{,t,.h�e above named court on:
U-41 / ( 1 �at 0 �+N �1 JLAM D PM
Ma. Dav Yr.
NOTICE: Providing false information is a violation of Section 719.3 of the Code of
Iowa and is nunishable as an aeuttvated misdemeanor.
My nignulurc bcluw is not a plea of guilt)', but acknowledges all of the following:
1. 1 hereby swear and affirm that the Information provided by= on this citation is true underpenalty
of pmvidiog false information.
2 1 promise to appear In said court at said time and place, or 1 will comply with the provision on the
top of the reverse side of the chmiun.
The following applies ro simple misdemeanors only:
3. 1 hereby give my unsecured appeaaoce bond•io the amount of doom and enter my written
appearance. 1 agree that if I fail to appear in person or by counsel to defend against the offense charged
I. this citation, the court Is authodud to enter a conviction and render judgment against me for the
amount of ap aance hand in satisfaction ofthe penalty and surcharge plus court costs,
1 -Signature of Defendant
L
E-FILED 2016 JUN 02 2:18 PM JOHNSON - CLERK OF DISTRICT COURT
ABSTRACT OF CO(JR'F EtECO1tD
COURT NO• CASENO.
DOCKET NO. CASENO.
LfCL'NSE NO. _ STAT E ❑ IOWA
D OTHER
FORFEIT BOND ❑
JURY TRfAL ❑
NO JURY TRIAL
or PROCL•EDING ❑
OTHER DISPOSITION
BAIL CASH DEPOSIT
PLEA.
Ci GUILTi'
0 NOT GUILTY
VERDICT
❑ GL'll-TY
0' NGT'GUJLTY
❑ DISMISSED
The Coati Then:fore Miters In Following Order This Data
NT". uy
FINED Y_. SURCHARGES COSTS $
111carcorilion to Days:
None School.. Seep Days Revo
Urivet:k License
Recominendntinn ❑ ❑ 0 ❑ ❑
D^ITE: '—(-Onto uu1 I]�o`__ RGASONL
DATE: ctan;nae o' RF.ASON-
TESTIMONY- JUDGES NOTLS: (Other Orders)
I .SW R T A- RGOING CITATION IS TRUE AND CORRECT.
(SIGN. 'CUR .
AGENCY. -�_PD
VERIFIED SUBSCRIBED AND SWORN 'to BEFORE MF.R'
n
IOWA THIS Z^ DAY OF�w'—�,.._2lYjS(+
lcnfylag u[N mr n:nurc -
f5w 8ignamr. BMW 6411 ,Sienan:a, prsz�u iakina bail
TO THE; COURT: The foliuwing are witnesses who can give testimony relating to
the facls of this alleged violation. Please subpoena pttmsccnting witness:
Title Name Address
Phone
0
4-
1. -- -
E -FILED
_1.---
n
12
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-322
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST DELI MART
WHEREAS, on June 1, 2016, an employee of Deli Mart, 525 Highway 1 West, Iowa City,
violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Deli Mart was a retailer as defined by Iowa Code §
453A.42; and
WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer shall be
subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code §
453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Deli Mart and at said hearing the City Council heard the facts of the
violation and the arguments of the retailer, if any; and
WHEREAS, this violation is the first such violation of an employee of Deli Mart within a two
year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) and §
453A.47A(11) hereby imposes a civil penalty in the amount of $300.00 against Deli Mart.
BE IT FURTHER RESOLVED, that said retailer has thirty days from the date of this Resolution
to pay the civil penalty in full, and if the civil penalty is not timely paid any applicable permit
held by the retailer shall automatically be suspended for a period of fourteen (14) days, in
addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: November 15, 2016
Mayor, Cit of Iowa City
Pro - few,
ATTEST:
City Mrk, City of Iowa City
Resolution No. 16-322
Page 2
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
Dickens the
AYES:
NAYS: ABSENT: ABSTAIN:
%
Botchway
%
Cole
%
Dickens
%
Mims
%
Taylor
x
Thomas
% Throgmorton
E -FILED 2016 JUN 02 2:29 PM JOHNSON - CLERK OF DISTRICT COURT
D T-C1W COMP 41NT ❑ RES O NON -RES
❑ OC D S -C&R IOWA UNIFOkM CITATION AND COMPLAINT 0 HIS O NON -HIS
IOWA CI POL ARMED DYES C NO
b
PLAINTIFF: INC, U PA TNS
D Stale of Iowa �1
OCnuntyof; JOHNSON No.: ICN2 386648
❑ City oL• IOWA CITY
In the Cour) al 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE
vs.
NAME: So�J�LTC D&VILI M
Defendant, Last First Middle
AddressLILts V4"y u6+
City,Ftx-.t, Gly[ State=tL Zip.,+i�(_Z_%
State' -7—&I CO. #
DL Class 0 DL End DL Rest.
DOB �j / t ft (1 t Race W S1 ex_AA Ht� ` wt..
The undersigned states that on or about U 1 I IIA at DAM
defendant did unlawfully: Mo. Day Yr,
Operate Motor Vchiete/Soat (describe)
CMV DYes ONo HuMat Plac.Req. DYes ONo USDOT#
Reg. #S - Year
Upon a public highway at t r* Q t.f V 7 LJ
located in the county and state aforesaid and did then an there comtnit the following offense:
F-1 KTraffic ❑Navigation ❑Snowmobile/ATV ❑Fish -Game ❑Parks
Do
Not
Write
In
This
Space
Wtheduled Vin/Fine $ too,
Surcharge $ 3S
Court Costs $ L10
0 Road Construction 7nae
0 Non -Scheduled Violation
D Court Appearance Required (805.10)
Reason;
❑PJ. 0P.D.($1000) Accident
❑ Fatal Accident
Tom] Fine C .sts T$ 42 S El Civil Damage Assessment
Violation ily4 -Z
Speed i Zone-SecNl45. A Z IA Code
DATA CODE Fed/Adin. Code Local Ord. .
I certify under penalty of perjury and pursuant to the Taws of the State of Iowa that the
preceding is
e is true ands c�ormccL "
Dated. Ce
S ^'j
Ma Day Yr. .e rs gnamee M NO.
Coon Date: If you must appear in court or if you choose to appear to answer a charge I
which s noymquim agappeammce, relloQ the above named court on:
l fL at C�DQ SCAM 0 P
Mo. Day Yr.
NOTICE,: Providing false infarma ion is a violation of Section 719.3 of the Code of
Iowa and .punishable as an aggravated misdemeanor.
My signature below is not a plea of guilty, but acknowledges all of the following:
1. I hereby swear and affirm that the information provided by mew this citation is true under penalty
ofproviding false information.
2. I promise to appear in said court at said time and place, or 1 will comply with the provision on the
top of the reverse side of the ciWGon.
The following applies to simple misdemeanors only:
3. 1 hereby give my unseearcd appearance bond in the amount of �L 0 dollars and Inter my written
appcaranco. 1 at if I Fail to appear in person or by conmel to defeat against the offense charge)
m this Gila' n, the un is au d inter a conviction and render judgment agsinst me for the
amount of
y ee bund' sa sf tion oCthe n ry and surcharge plus coon casts.
Signature ofDctanJaat
.L
001
E -FILED 2016 JUN 02 2:29 PM JOHNSON - CLERK OF DISTRICT COURT
n
AI35"rRACT OF COURT -RECORD
COURT NO.
CASE NO. _..._._ ....
DOCKM' NO.
CASE NO.
1_ICRNSENO.
_
STATE"❑ IOWA
❑ OTHER
FORF'EITBOND
❑
BAIL CASJI DEPOSIT
JURY TRIAL
D
PLEA VERDICr
D GUIL'T'Y ❑ GIfII TY
NOJURYTRTAL'
❑NOT GUILTY •DNOTGCILTY
or PROCELDING
D
El DISMISSED
DTIIER DISPOSITION
The Coun Therefore Filters In Following OrderThis Data—/
nt Day xi.
I•INED S SURCHARGES COSTS S
Incarceration in _.... Days:
None School ,. Susp Days Retro
Drivers License
RecommendaLlom ❑ D _ D ❑ ❑
DATE : Continued L) REASON;
i)A'I'li: f_`.oj) fi in R_F.ASO '
nA7:G41 WARRANT.ISSIJrO
TESTIMONY - JUDGES NOTES: (Other Orders)
ISS •r TH TI••ORGOINGCITATIONLSTRUE AND CORRECT.
AGENCY _
(SIG: AT
YFRIF'IEU )RSI]BSC. RIBF_DANDSWORgNT03EFOREA4F.Ri" ';ff A"I'
DAY Oi' 3KL—�- A(L,
I Isla Si,�,niturv.lumun pi'cingbil Siynoiur<, IKc�iin tnkin�Gnil
TO THE COURT: The following arc witnesses who can give testimony relating to
die facts of this alleged violation. Please subpoena prosecuting wimc<s:
Title Name Addmm Phone
13
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-323
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST CREEKSIDE
MARKET
WHEREAS, on June 1, 2016, an employee of Creekside Market, 2601 Highway 6 East, Iowa
City, violated Iowa Code § 453A.2(l) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Creekside Market was a retailer as defined by Iowa
Code § 453A.42; and
WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer shall be
subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code §
453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Creekside Market and at said hearing the City Council heard the facts of
the violation and the arguments of the retailer, if any; and
WHEREAS, this violation is the first such violation of an employee of Creekside Market within a
two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) and §
453A.47A(11) hereby imposes a civil penalty in the amount of $300.00 against Creekside
Market.
BE IT FURTHER RESOLVED, that said retailer has thirty days from the date of this Resolution
to pay the civil penalty in full, and if the civil penalty is not timely paid any applicable permit
held by the retailer shall automatically be suspended for a period of fourteen (14) days, in
addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: November 15, 2016
Mayor, City of Iowa City
Qr'p tem /)
ATTEST:
City Clerk, City of Iowa City
Resolution No. 16-323
Page 2
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
Dickens
AYES:
NAYS: ABSENT: ABSTAIN:
x
Botchway
x
Cole
x
Dickens
x
Mims
x
Taylor
x
Thomas
x Throgmorton
the
-�i3
E -FILED 2016 JUN 02 1:57 PM JOHNSON - CLERK OF DISTRICT COURT
r U T_C/W t COMPLAINT D RES D NON -RES
D OCU S -C&R IOWA UNIFORM CMATTON AND COMPLAINT 11 HIS 11 NON -HIS
IOWA CRY POLICE DEP M5
T ARMED DYES 0 NO
PLAINTIFF: INCk��t •
0 State of Iowa JOHNSON FN2 =1806�6
D County of: _. No.:
D City of: IOWA CITY
In The Court m 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE
n -
Address � I> > • "r'^
City State--lr,6r-- ZipSMC_UM_
SS/DL# b� _ State Co. #
DL Class
V DL End DL Rest-
DOB V / L2 19 (s Race Sex t5:;<�
The undersigned states that on or nbcut 1 / atm-moi•—D A" COPM
defendant did unlawfully: Mo. Day Yr.
Operate Motor VehiclelBoat (describe)
CMV Dyes ONO Iiachfnt Plac.Req. ❑Ycs ONO US DOT#
Reg. # State Year
Upon a pubtic highway at
Located in the county and slate aforesaid and did then and there commit the following offense:
DITrafftc D Navigation O S'PiwambilcIA7V OFish-Dame DParks
BBcheduled Violltine s I %A o D Road Construction'Ltntu
ONon-Scltoduled Violation
Surcharge $ D Court Appearance Requited (80.5,10)
Reason:
Do Court Costs $ -- 0 F.I.❑ P.D.($1000) Accident
_ jQ�� ❑ Fatal Accident
Total Fine/Costs $ t9s�
E] Civil Damage Assessment
Not
C .1.:.� Dns�a t 1 tr t v 'C'eAu• Y�
ViolaGon.ais --
Write Speed In Zo-^.e-Sa-, #. S3 •Z -IA Code
DATA CODE FedlAdm. Code Local Ord.
In i certify under penalty Of perjury an Furs nl to the HMe State of Iowa that the
preceding is we and correct.
This l
Dated Yr Rmei s tgnature ID No.
M. y
Space
Cuun Date; If you must appear in court or if you choose to appear to answer a charge
which docs not require agappearance, report t 'a oveOnamed court on: M 0 PM
'7 / I- / al UQ�
Ma. Da y+
NOTICE: Providing false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
MySignalure below is not a pica of guilty, hat acknowledges all Of thu following:
1- t hereby awcar and ufOmO that the irnfortoadun provided by me On this ritation is true under penalty
of providing false infnrmadon-
2. 1 promise to appear in said coup at said time and place, or I will comply with the provision On the
top of the severs, e side of the Citation
,thefollowing applies to simple misdemeanors Orly:
3, 1 herountreated by give my ureated appri ance bolsi in the amoum of Z dollars and entm my written
appearance. I agree that if t fail to appear in person or by counsel to defend against the offense charged
in this Citation, the non is authorized le enter a conviction and render judgment against me for the
.mann( of my aoMeranco bond in ,alisfacdan of the penalty and surcharge plus court costs.
J_
a
E -FILED 2016 JUN 02 1:57 PM JOHNSON - CLERK OF DISTRICT COURT
ABSTRACT Ojr Co)UR7' RECORD
COURT NO.
CASEN0,....
DOCKI: t' NO.
CASE NO.
_
LICENSE NO, _
ST.ATF 11
IOWA
LI
OTHCR
FORFEITBOND Cl
BAIL CASH DEPOSIT
JURYTRIAL G
PLEA
VERIAM
D GUiL9Y
0 GUILTY
NOJI;RYTRTAI.
0 NOT GUILTY
0 NOTGUII.TY
or PROCEEDING 11
.❑ DISmIS5F,n
OTITCR DISPOSITION
The Court Therel'ere Emery In
Following Order This Date
SURCEjAROE.$_ COSTS$—_
lnCaTCCrillinn in nays:
None School Susp Days Revo
I)m•ers License
Rocowmcndatlon 0 0 0 U
DATE: Conlsued to: RLQ SON:
1)ATF:: �'onllnucd to: R}rASON:
DATE: —. .WARRA i' -D
__. — —.
TEST[�IUN1' • JUDOF.S N'(YI'IS: (Other Orders)._T'-�---
I
"w
T 1T �l N GOING CI'CATION IS TRUE AND CORRECT.
(91c. A'f JRE} ACLNC'Y (�1
VGRIFIEU OR U65CRIBEI> ANUSIVORN 1'0 BF,FORF. MF,$1'..�T.
` �— Al
�r'�—vD1 ,— IOWA Tf11ti _ 1, DAY OFI1t�L.� 2(dyr,
7r u' ._..Signnm�a ixrson yivinp hiil Si •nIg ame, Ixno;i ivkii—._
TO THE COURT: The follusying mr witnesses who can give testimony rrJ.di>€ito
for fncls Of thic alleged violation, Please .subpoena Prusecnting Mmes':
Title Name Address'
I'hnnc
1. —
z.
/q -
Prepared by. Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-324
RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM JOHN'S GROCERY
WHEREAS, on November 5, 2015, an employee of John's Grocery, 401 E. Market Street,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco
products or cigarettes to a minor and this was the second such violation by one of its
employees in a two-year period; and
WHEREAS, at the time of the violation, John's Grocery was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice, and the civil penalty
for a second violation within a two year period is, at the retailer's option, $1500 or a
thirty day permit suspension; and
WHEREAS, John's Grocery has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §
453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City,
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $1500.00 civil penalty on behalf of John's Grocery.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: November 15, 2016
May r, City of Iowa City
Pro ►e,,. 'y�,
ATTEST: //(.t� 7
�.2" _ `,
City Owk, City of Iowa City
Resolution No. 16-324
Page 2
It was moved by Dickens and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Thomas the
x Botchway
x Cole
x Dickens
x Mims
x Taylor
x Thomas
x Throgmorton
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
ASSESSING $1500.00 CIVIL PENALTY OR THIRTYYAY RETAIL
ERMIT SUSPENSION AGAINST JOHN'S GROCEW
WHEREAS, on Novemb 5, 2015, an employee of John's Groce , 401 E. Market Street,
violated Iowa Code § 453A. 1) by selling or providing tobacco to a or; and
WHEREAS, at the time of this v1 lation, John's Grocery was/orating under a retail cigarette
permit issued by the City of Iowa 'ty; and
WHEREAS, pursuant to Iowa Code § 3A.22(2), an es lishment which holds a retail cigarette
permit is subject to a civil penalty of $3 .00 as a res t of its employee violating Iowa Code §
453A.2(1), after a hearing and proper noti; and i ubject to a $1500.00 civil penalty or thirty
day retail cigarette permit suspension, at the et ' er's option, for the second such violation within
a two-year period; and
WHEREAS, a hearing was held on this to by e City Council to determine whether to assess
the civil penalty against John's Gro5ofy and at sai hearing the City Council heard the facts of the
violation and the arguments of theAermittee, if any; d
WHEREAS, this violation i e second such violation\f an employee of John's Grocery within a
two-year period to be con ' ered by the City Council un\cigare
de § 453A.22(2).
NOW, THEREFORE E IT RESOLVED BY THE CITA CITY CITY COUNCIL
that the City Counc' ,after notice and hearing and pursuCode § 453A.22(2), hereby
imposes either a 500.00 civil penalty or thirty day retaermit suspension, against
John's Grocery t its option.
BE IT FURTMR RESOLVED, that said retail cigarette permittee has wenty days from the date
of this Res ution to choose its civil penalty by either paying the $1500.OQ civil penalty in full to
the City C16-1,_ or by delivering to the City Clerk its retail cigarette permit r service of a thirty
day suspension.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Nsolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to Ike, retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED:
Mayor, City of Iowa City
fro taro
ATTEST:
City Clerk, City of Iowa City
i�4
15
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-325
RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM WALGREEN
WHEREAS, on November 6, 2015, an employee of Walgreen, 2214 Muscatine Ave.,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco
products or cigarettes to a minor and this was the second such violation by one of its
employees in a two-year period; and
WHEREAS, at the time of the violation, Walgreen was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice, and the civil penalty
for a second violation within a two year period is, at the retailer's option, $1500 or a
thirty day permit suspension; and
WHEREAS, Walgreen has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §
453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $1500.00 civil penalty on behalf of Walgreen.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: November 15, 2016
Mayor,ACity of Iowa City
No tem
ATTEST:
City Jerk, City of Iowa City
Resolution No. 16-325
Page 2
It was moved by Dickens and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS
x
x
x
x
x
X
ABSENT:
X
ABSTAIN:
Thomas
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
the
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
RESOLUTION ASSESSING $1500.00 CIVIL PENALTY ORT TY DAY RETAIL
CIG TTE PERMIT SUSPENSION AGAINST WALGREE
WHEREAS, on ovember 6, 2015, an employee of Walgreen, 2 4 Muscatine Ave., violated
Iowa Code § 453A. (1) by selling or providing tobacco to a mino and
WHEREAS, at the tinIV of this violation, Wal/ret
e g under a retail cigarette permit
issued by the City of Io a City; and
WHEREAS, pursuant to wa Code § 453A.2lishment which holds a retail cigarette
permit is subject to a civil nalty of $300.00 its employee violating Iowa Code §
453A.2(1), after a hearing proper notice; to a $1500.00 civil penalty or thirty
day retail cigarette permit sus ension, at the rn, for the second such violation within
a two-year period; and
WHEREAS, a hearing was held 6X this
the civil penalty against Walgreen kd a
violation and the arguments of the p
WHEREAS, this violation is the s ond'
year period to be considered by e City
NOW, THEREFORE, BE
by the City Council to determine whether to assess
d hearing the City Council heard the facts of the
, if any; and
violation of an employee of Walgreen within a two-
icil under Iowa Code § 453A.22(2).
THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after otice and hearing a d pursuant to Iowa Code § 453A.22(2), hereby
imposes either a $1500.0 civil penalty or thirty y retail cigarette permit suspension, against
Walgreen, at its option.
BE IT FURTHER SOLVED, that said retail cigare petmittee has twenty days from the date
of this Resolution o choose its civil penalty by either pa g the $1500.00 civil penalty in full to
the City Clerk o y delivering to the City Clerk its retail c arette permit for service of a thirty
day suspensio
BE 1T FUR HER RESOLVED, that the City Clerk will forwaz a copy of this Resolution to the
Johnson C only Attorney's Office, which will then provide a co of the same to the retail
cigarette ermit holder via regular mail sent to the permit holder's lace of business as it appears
on the plication for a retail cigarette permit.
PA ED AND APPROVED:
Mayor, City of Iowa City
ATTEST:
City Clerk, City of Io City
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 16-326
RESOLUTION ACCEPTING $1500.00 CIVIL PENALTY AND WAIVER OF RIGHT
TO HEARING FROM HARTIG DRUG COMPANY D/B/A NORTH DODGE
SINCLAIR
WHEREAS, on November 5, 2015, an employee of North Dodge Sinclair, 2153 ACT Circle,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation North Dodge Sinclair was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, there were two prior violations of Section 453A.2(1) by this business's employees
or agents within a three-year period; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa
Code § 453A.2(1), either a $1500.00 civil penalty or a suspension of its permit for a period of
thirty (30) days the second time its employees violate § 453A.2(1) within a two-year period, and
both a $1500.00 civil penalty and a thirty (30) day permit suspension the third time its employees
violate § 453A.2(1) within a three-year period, all after a hearing and proper notice; and
WHEREAS, North Dodge Sinclair has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1) by
tendering the $1500.00 civil penalty and by turning over its retail cigarette permit to the City
Clerk of the City of Iowa City for service of a thirty (30) day suspension.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council should accept the waiver of right to hearing, payment of $1500.00 civil
penalty, and service of thirty (30) day permit suspension on behalf of North Dodge Sinclair.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: November 15, 2016
Myor City of Iowa City
Pro,. tern
ATTEST:
City Clerk, City of Iowa City
Resolution No. 16-326
Page 2
It was moved by Dickens and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
x
x
x
ABSENT:
x
ABSTAIN:
Thomas
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
the
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244,
RESOLUTION NO.
RESOLUTION ASSESSING $1500.00 CIVIL PENALTY AND THIltTY AY
RETAIL CIGARETTE PERMIT SUSPENSION AGAINST NORTH D DGE
SINCLAIR
WHEREAS, on November 5, 2015, an employee of North Dodge Sincla' , 2153 ACT Circle,
violated Iowa Code § 4 2(1) by selling or providing tob/to or; andWHEREAS, at the time of is violation, North Dodge Sinrating under a retail
cigarette permit issued by the ity of Iowa City; and
WHEREAS, pursuant to Iowa Co e § 453A.22(2), an estabich holds a retail cigarette
permit may be subjected to a civil p nalty of $300.00 the fmployee violates Iowa
Code § 453A.2(1), either a $1500.00 ivil penalty ora su time
of its permit for a period of
thirty (30) days the second time its em oyees violate § 53A.2(1) within a two-year period, and
both a $1500.00 civil penalty and a thirt (30) day pe it suspension the third time its employees
violate § 453A.2(1) within a three-year pe 'od, all a er a hearing and proper notice; and
WHEREAS, a hearing was held on this date t e City Council to determine whether to assess
the civil penalty against North Dodge Sinclair d at said hearing the City Council heard the facts
of the violation and the arguments of the pe to , if any; and
WHEREAS, this violation is the third suc violatio of an employee of North Dodge Sinclair
within a three-year period to be consider d by the CI Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOL ED BY THE C Y OF IOWA CITY CITY COUNCIL
that the City Council, after notice hearing and purs t to Iowa Code § 453A.22(2), hereby
imposes a $1500.00 civil penalty d thirty day retail ci rette permit suspension against North
Dodge Sinclair.
BE IT FURTHER RESOLV that said retail cigarette pe 'tee has thirty days from the date of
this Resolution to paythe $ 00.00 civil penalty in full to th City Clerk and thirty days from the
date of this Resolution to liver to the City Clerk its retail ci arette permit for service of a thirty
day suspension.
BE IT FURTHER OLVED, that the City Clerk will forwar a copy of this Resolution to the
Johnson County Att mey's Office, which will then provide a co of the same to the retail
cigarette permit h der via regular mail sent to the permit holder's lace of business as it appears
on the applicatio for a retail cigarette permit.
17F.X9�1�7_\►117:\».Z�]�/�I��
Mayor, City of Iowa City
ATTEST:
City Clerk, City o�Iowa City
11-15-16
16
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa CityAA 52244, 319.339.6100
RESOLUTION NO.
OLUTION ASSESSING $1500.00 CIVIL PENALTY R THIRTY DAY RETAIL
CIG\Code453A.2(l)
IT SUSPENSION AGAINST THE D N
WHEREAS,15, 2014, an employee of The en, 123 E. Washington Street,
violated Iow(1) by selling or providing tobacc to a minor; and
WHEREAS,is violation, The Den was opera g under a retail cigarette permit
issued by th'ty; and
WHEREAS, pursuant to Iowa C e § 453A.22(2), an estlishment which holds a retail cigarette
permit is subject to a civil penalty $300.00 as a result f its employee violating Iowa Code §
453A.2(1), after a hearing and proper otice; and is su ect to a $1500.00 civil penalty or thirty
day retail cigarette permit suspension, a he retailer's option, for the second such violation within
a two-year period; and
WHEREAS, a hearing was held on this date
the civil penalty against The Den and at said
violation and the arguments of the permittee,
WHEREAS, this violation is the second
year period to be considered by the City
City Council to determine whether to assess
g the City Council heard the facts of the
:and
lationNj
an employee of The Den within a two -
under I wa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVE BY THE CITY IOWA CITY CITY COUNCIL
that the City Council, after notice and h 'ng and pursuant to wa Code § 453A.22(2), hereby
imposes either a $1500.00 civil penalty or thirty day retail cigar a permit suspension, against
The Den, at its option.
BE IT FURTHER RESOLVED, th said retail cigarette permittee ha twenty days from the date
of this Resolution to choose its civ' penalty by either paying the $1500. 0 civil penalty in full to
the City Clerk or by delivering to he City Clerk its retail cigarette permi or service of a thirty
day suspension.
BE IT FURTHER RESOLV that the City Clerk will forward a copy of thi Resolution to the
Johnson County Attorney's ffice, which will then provide a copy of the same the retail
cigarette permit holder via r gular mail sent to the permit holder's place of busine s as it appears
on the application for a ret it cigarette permit.
PASSED AND
Mayor, City
ATTEST:
City Clerk, City of Iowa City
1 r
• -WAM IT
-ON.
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(319)356-5000
(3 19) 356-5009 FAX
www-icgov.org
Late Handouts:
Information submitted between distribution of packet on Thursday and close of business on
Monday.
Consent Calendar:
ITEM 4f(8) Carol deProsse, Joel Gilbertson -White: Correction/Selection of Police Chief
ITEM 4f(10) Sejh Colton Kollasch, Jack Carrell, Joanna Rivera, Corrine Smith, Erik Jones,
Abigail McCormick, Ana Koch, Amari Cookes, Frida Escorcia, Rachel Meehan:
Recycling
ITEM 4f(13) Brent Millis, Mary Maxson: Protestors blocking 1-80
ITEM 4f(14) Lucy David: Request a Stand Against Racial Hate Crimes
Regular Agenda:
ITEM 8 PEDESTRIAN MALL RECONSTRUCTION – See memorandum from City
Engineer and change of cost below.
This agreement authorizes Genus Landscape Architect, PC to provide consultant
services including design development, preparation of construction documents, bid
phase services, and limited construction administration services for the Pedestrian
Mall Reconstruction Project. The previously approved schematic design, completed
in 2014, will be the foundation for the project. Elements included within the project
are pavement repair/replacement, utility upgrades, installation of a permanent stage
near the weather dance fountain, lighting, site furnishings and landscaping
upgrades. The total cost of the services is $709,490 and will be funded by General
Obligation bonds._--------------------____-- -- —
ITEM 17 THE DEN TOBACCO PENALTY – Removed from agenda. No action necessary.