HomeMy WebLinkAbout2016-12-06 ResolutionPrepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
RESOLUTION NO. 16-327
RESOLUTION AMENDING THE PERMIT SYSTEM FOR SOLID WASTE
CONTAINERS IN THE DOWNTOWN ALLEYS BY EXTENDING THE TERM OF
THE PERMITS TO MARCH 31, 2017.
WHEREAS, City Council adopted a permit system in Resolution No. 16-97 for solid waste
containers in the downtown alleys; and
WHEREAS, because it was anticipated that the City would limit the number of haulers who are
allowed to remove solid waste and collect recyclables in the downtown alleys beginning January
1, 2017, the current permit system provides that all permits will expire on December 31, 2016;
and
WHEREAS, the process of selecting a single hauler for the downtown alleys will not be
completed by December 31, 2016, and the permits should be extended for three months with
no additional fee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA THAT:
The City of Iowa City Permit System for Solid Waste Containers, which was adopted in
Resolution No. 16-97, is amended by extending the term of the permits to March 31, 2017 with
no additional fee.
Passed andapprovedIN 6th day of December _,2016.
MAYOR
ATTEST: .
CI ERK
Approved by
City Attorney's Office
4d(1)
Resolution No. 16-327
Page 2
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
4d(2)
Prepared by Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA(319)356-5030
RESOLUTION NO. 16-328
RESOLUTION ADOPTING A POLICY FOR USE OF PUBLIC RIGHT-
OF-WAY FOR SIDEWALK CAFES AND RESCINDING RESOLUTION
NO. 12-435.
WHEREAS, sidewalk cafes are a use of the public right of way and City Plaza in the
CB2, CBS, and CB10 zones;
WHEREAS, in Resolution No. 12-435, City Council adopted a policy for sidewalk cafes;
WHEREAS, the Washington Street streetscape project entails new and more expansive
sidewalks from Clinton Street to Linn Street;
WHEREAS, all cafes should be detached from the building face on Washington Street to
promote a better retail environment and to provide consistency in travel path;
WHEREAS, to avoid drilling holes into the new concrete, cafes should not be allowed to
anchor their fencing into the concrete in 2017 and staff should re-evaluate the issue of
anchored fencing along Washington Street prior to the 2018 season; and
WHEREAS, the City should adopt the attached policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The attached "Sidewalk Cafe Policy" is adopted.
2. Resolution No. 12-435 is rescinded in its entirety.
Passed and approved this 6th day of December , 2016.
Approved
_b :
ATTEST: �V `age It-,) I � (f
CI CLERK City Attorney's Office
Resolution No. 16-328
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES
NAYS: ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
SIDEWALK CAFE POLICY
(adopted Res. No. 16- 32f3f
In addition to the policy set forth below, sidewalk cafes are governed by Section 10-3-3 of the
City Code, which is set forth below at the end of the policy.
Location
1. Sidewalk cafes may be located in the public right of way only in the CB -2, CB -5 and CB -
10 zones (the downtown and the commercial areas directly north and south of the downtown).
2. In City Plaza (a/k/a, the ped mall), cafes may be located in either zone 1 or zone 2 if in
conjunction with zone 1. Zone 1 is the area within ten feet (10') of the buildings. Zone 3 is the
emergency/service lane through the middle of City Plaza. Zone 2 is the remaining area. For
the specific definitions of the zones in City Plaza, see Section 10-5-1 of the City Code.
Usable Sidewalk Cafe Area
1. In the CB -10 zone with the exception of City Plaza, a sidewalk cafe area may not extend
onto the sidewalk in a manner that will not allow a minimum of eight feet (8') of unobstructed
walkway on the side of the cafe that is parallel to the building. The eight -foot (8') unobstructed
walkway does not apply to cafes located on the street.
2. In City Plaza, there must be a minimum of eight feet (8') of unobstructed walkway
between the side of the cafe that is parallel to the building and any public elevated planter. If a
sidewalk cafe extends into zone 2, there must be a straight, unobstructed walkway, which is at
least five feet (5') wide, through the cafe in zone 1. Said walkway shall be included within the
sidewalk cafe area and as such, shall be under the control of the establishment and subject to
the annual fee. The walkway must be delineated in such a manner that the entire cafe abuts the
building. In the event that an adjacent establishment seeks to locate an abutting sidewalk cafe
entirely in zone 1 such that said walkway would end at the abutting cafe, the cafe owner must
relocate the cafe to zone 1 within thirty (30) days of written notice from the City.
3. In the CB -2 and CB -5 zones, the minimum of eight feet (8') of unobstructed sidewalk is
not required if the existing sidewalk is less than eight feet (8') in width. If the sidewalk is less
than eight feet (8') in width, a sidewalk cafe may not extend into or encompass in any manner
the existing sidewalk and may not impede pedestrian traffic.
4. A sidewalk cafe area may not be located in street corner areas defined by building lines
extended to the street and no closer than ten feet (10') from an alley. However, a cafe may be
located between two feet (2') and ten feet (10') from an alley if the fencing located within ten feet
(10') is a type that is less than twenty percent (20%) solid.
5. A sidewalk cafe may not extend beyond the building line extended, except for those in a
planter.
6. A sidewalk cafe serving alcohol shall be contiguous with a side of the building wherein
the establishment is located. For cafes in planters and the street, the contiguous requirement
may be satisfied by an overhead canopy at least five feet (6) wide connecting the building to the
cafe. The design of the canopy shall be approved by the City. The area underneath the canopy
shall be under the control of the establishment and is subject to the annual fee.
7. A cafe on the sidewalk that does not abut the building must be located a minimum of two
feet (2') from the curb as measured by the City, except for unique circumstances (such as
being adjacent to a street cafe) as determined solely by the City Manager or designee.
Operation of Sidewalk Cafes
1. Advertising shall not be permitted in the sidewalk cafe area except for the name of the
establishment on chairs, tables, umbrellas or other amenities, as approved by the City.
2. No blockage of building entrances or exits is permitted in a sidewalk cafe area.
3. Additional restroom capacity may be required to comply with local building and housing
codes.
4. Occupancy limits are determined as set forth in the City building code.
5. No additional parking is required for the operation of a sidewalk cafe.
6. Sidewalk cafes are subject to annual inspections and may be inspected at any other time
at the City's discretion.
7. The sidewalk cafe owner is responsible for trash removal and shall maintain the area and
surrounding five feet (6) in a clean and litter free manner during all hours of operation.
8. All sidewalk cafes must meet the accessibility standards of City, State, and federal law.
Easement Agreement
1. The agreement shall be between the City and the cafe owner with the approval of the
building owner, if different than the cafe owner.
2. The agreement shall provide that no property right is conferred and that it maybe
terminated if the City determines that the right of way is needed.
3. The agreement shall include provisions for insurance, indemnification, fencing,
maintenance, including vegetation and the subsurface if applicable, and any other reasonable
provision as determined by the City Manager, or designee.
4. The agreement shall include a schematic diagram that shows that the cafe and platform,
if applicable, comply with this policy and the City Code. Except for cafes on City Plaza, the
design shall include all existing streetscape amenities and utility features (such as valves and
manholes) within eight feet (8') of the proposed cafe.
5. Except for cafes located on the street, the agreement shall be issued from February 1
through January 31. The initial agreement may be less than the one year, but shall expire on
January 31.
6. The agreement shall be recorded at the cafe owner's expense.
Fencino (For Cafes Not on the Street
1. Except during the term of the initial easement agreement and from December 1 to
February 28 thereafter, and with the exception of the entrances to the walkway required when a
cafe extends into zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing.
During the initial easement agreement and from December 1 to February 28, said area may be
delineated by ropes or some other suitable method which shall be detectable by pedestrians
who are visually impaired.
2. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought
iron. Wood fencing shall not be allowed. The City shall approve the design.
3. If stored outdoors, tables, chairs, and other items shall be secured within the anchored
fencing at the end of each day's operation so that they are unusable and shall not block or
obstruct emergency exits. If anchored fencing is not used, tables, chairs and other items shall
be removed at the end of the day's operation, and the sidewalk cafe area shall be restored to its
normal condition as a pedestrianway.
4. The cafe owner shall be responsible for any damages to the public right of way caused
by the placement of any anchored fencing.
5. Planters with flowers and/or other vegetation are allowed as an alternative to temporary
and anchored fencing to delineate the sidewalk cafe. The design of the planters shall be
approved by the City Manager, or designee, subject to the following limitations:
a. The planters shall, at the cafe owner's option, be either fastened to each other or
removed from the sidewalk or City Plaza at the end of the day's operation along with the
tables, chairs, and other items.
b. The planters shall not be less than twenty seven inches (27") or more than thirty six
inches (36") in height excluding plantings.
c. The planters shall be either metal or have a metal frame.
6. Anchored fencing on a concrete platform may remain year round.
7. Notwithstanding any other provision herein, anchored fencing is prohibited on
Washington Street from Clinton Street to Linn Street. However, all 4 (four) sides of the fence
must be connected to one another to prevent movement of the fencing and said connection
must be approved the City Engineer or designee. If non -anchored fencing proves to be
unsuccessful in 2017 as solely determined by the City Manager, the City Manager may require
anchored fencing beginning in 2018.
Public Amenities and Utilities
1. Except as provided herein, a sidewalk cafe shall not utilize or encompass any public
amenities, including, but not limited to, benches, seats, tables, trash receptacles, public art, bike
racks, water spigots, kiosks, posting pillars, and pergolas. The City Manager or designee may
approve the utilization, encompassing, or relocation of a public amenity on the condition that the
cafe owner pay all associated costs.
2. A sidewalk cafe may encompass trees, tree rings, light poles, water valves, manholes,
and stormwater intakes but shall not interfere with their care, maintenance or operation. Access
shall be available to the City for their care and maintenance.
3. Amenities, including trees, tree rings and light poles, shall be considered obstructions for
purposes of the requirements of the eight foot (8') unobstructed walkway.
4. The amenities used in the sidewalk cafe area shall be maintained in good condition.
5. Upon payment of the electricity fee, the cafe owner may use the City's electrical outlet
but only for lights.
Planters
1. A sidewalk cafe may encompass or utilize an elevated planter if the proposed cafe
meets the following criteria, as determined solely by the City:
a. It does not interfere with pedestrian movement.
b. It does not adversely affect drainage.
c. It does not adversely affect public or city utilities.
d. It does not adversely affect trees, shrubs or other plantings.
e. It enhances the appearance of the surrounding area, and if in City Plaza, it
enhances the use of City Plaza.
f. It does not interfere with the functionality of any other existing sidewalk cafe.
g. It is not otherwise contrary to public interest.
2. If utilizing two planters, the area between the planters shall be included in the sidewalk
cafe area but need not be delineated as such unless tables and chairs are present.
3. With the consent of the adjacent property owner and first floor tenants, if any, the cafe
may extend beyond the building line extended if the distance between the planter and the
building line extended is less than ten feet (10'). The cafe may extend beyond additional
building lines extended with the consent of those property owners and first floor tenants, if any.
4. The cafe owner shall pay all costs associated with the cafe including, but not limited to,
the cost to move water mains and water service lines, to remove and plant vegetation, to move
electrical outlets, and to cut and restore the limestone.
5. The City may require the cafe owner to add plantings within the cafe area at the cafe
owner's cost.
6. There are a limited number of planters, and cafes in planters will entail a substantial
financial investment. In order to address these two opposing concerns, a priority system and a
lottery will be used. If a cafe owner enters into an easement agreement with the City, said cafe
owner will have priority over subsequent applicants for a cafe in the planter for the following two
cafe seasons assuming that the City continues to authorize cafes in planters. Cafe owners
need to obtain the consent of adjacent property owner(s) and first floor tenant(s) only before
entering the easement agreement for the first of the three-year, priority period. The priority is to _
the individual business owner of said cafe and cannot be assigned or sold to another cafe
owner. Cafe owners with easement agreements for the 2012 cafe season will not be subject to
the lottery until February 1, 2015. The lottery for planters will be conducted in the same manner
as the lottery for cafes in the street.
Platforms (For Cafes Not on the Street)
1. Sidewalk cafes may be located on a platform on top of a public sidewalk if the City
Manager or designee determines there is excessive slope in the sidewalk and approves the
design and if suitable access is provided for persons with disabilities.
2. Sidewalk cafes may be located on a concrete platform in the right of way that is not a
public sidewalk if the City Manager or designee approves the concrete design and if suitable
access is provided for persons with disabilities. Fencing shall not be more than three feet (3') in
height, measured from the plane on which the chair sits to the top of the railing, excluding
finials.
Cafes on the Street
1. An establishment cannot operate a cafe in the street if there is sufficient room on the
sidewalk for a cafe with an area of at least one -hundred twenty square feet (120 sq. ft.).
2. There shall be a minimum four foot (4) buffer on either end of the cafe for safety
reasons. These buffers shall be established and maintained by the City and may be used for
moped parking and/or bicycle parking. The buffer is subject to the annual fee. As used in this
policy, the term sidewalk cafe area does not include the 4 -foot buffer.
3. The sidewalk cafe area may not include the portion of the parking space beyond the
building line extended. The 4 -foot buffer may be located beyond the building line extended.
4. Cafes, including the 4 -foot buffer, in each block face cannot utilize more than thirty
percent (30%) of the total parking spaces in that block face.
5. Cafes cannot be located in loading zones.
6. Cafes cannot be set up before April 1 and shall be removed no later than the Tuesday
following the last University of Iowa home football game. Cafes may have to be removed
temporarily at the cafe owner's sole expense to accommodate an event on the street permitted
by the City (e.g., criterium).
7. The portion of the cafe located on the street shall be on a platform. The design features
of the platform shall be submitted with the application. The platform shall not impede drainage
in the street gutter.
8. The area for a sidewalk cafe shall be delineated by anchored fencing. Fencing shall be
constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall
not be allowed. The City shall approve the design.
9. If stored outdoors, tables, chairs, and other items shall be secured within the anchored
fencing at the end of each day's operation so that they are unusable.
10. Planters with flowers and/or other vegetation are allowed as an alternative to anchored
fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City
Manager, or designee, subject to the following limitations:
a. The planters shall be fastened to the platform.
b. The planters shall not be less than twenty seven inches (27") or more than thirty-
six inches (36") in height excluding plantings.
C. The planters shall be either metal or have a metal frame.
11. The fee shall be a combination of the following four (4) fees: a) the annual square
footage "right of way" fee for the portion of the cafe located on the sidewalk; b) the annual
square footage "platform" fee for portion of the cafe located on the street and any portion that is
be located on the sidewalk; c) the daily fee for each parking space regardless of the amount of
the parking space that the cafe utilizes; and d) bollard fee.
12. There is no guarantee that the City will continue to authorize cafes in the street. The
cafe agreement will include a paragraph in substantial compliance with the following:
Cafe owner further acknowledges and agrees that no property right is conferred by this
agreement for the use of portions of the public right-of-way, that the City is not empowered
to grant permanent or perpetual use of its right-of-way for private purposes, that the City
may order said locations and/or uses within the right-of-way to cease and desist if, for any
reason, the City determines that said right-of-way is needed for a public use and should be
cleared of any and all obstructions, and that the cafe owner shall not be entitled to any
compensation should the City elect to do so.
The "30% limitation" limits the number of establishments that will be allowed to operate a
cafe on the street, and cafes on the street will entail a substantial financial investment. To
address these opposing concerns, a priority system and a lottery will be used. The City will
provide information on the lottery and the priority system on its website.
Lottery. The logistics and deadlines for the lottery are as follows:
• February 1. In order to be eligible for the lottery, an application with a preliminary (not
drawn by a professional) schematic diagram must be submitted by this date.
Applications received after February 1 will be considered on a first come, first serve
basis and will be denied if there is no available space.
• February 15. If there are competing applications, staff will notify the applicants by this
date whether they have been selected to enter into easement agreements. Competing
applications mean when there are applications for more than 30% of the parking spaces
within a block face. The City will conduct a lottery to select applicants.
• March 15. The applicant must sign an easement agreement by this date, which is
dependent upon staff approval of its schematic diagram (drawn by a professional) and
payment of all fees (except the parking space fee that will not be known until the
6
platform is installed). If an applicant does not meet the March 15 deadline, staff will
notify the next applicant that it is eligible for a cafe on the street.
• April 15. The next applicant must sign an easement agreement by this date.
Note: If one of these dates falls on a weekend, the applicable deadline will be the following
Monday.
Priority. If a cafe owner enters into an easement agreement with the City, said cafe owner
will have priority over subsequent applicants for a cafe within the same block face for the
following two calendar years assuming that the City continues to authorize cafes in the
street (see Paragraph 12 above). The priority is to the individual business owner of said
cafe and cannot be assigned or sold to another cafe owner.
City Manager
1. The City Manager is authorized to approve any other provision or require any other
restriction regarding the use of the public right of way by a sidewalk cafe that is not inconsistent
with this policy or the City Code.
Fees
1. Annual fee for sidewalk cafes located directly on the public right-of-way: $5.00 per
square foot.
2. Annual fee for sidewalk cafes located on a structure/platform (including cement platform)
placed on the public right-of-way: $10.00 per square foot.
3. Annual fee for the area of the sidewalk cafe utilizing an elevated planter on the public
right-of-way: $10.00 per square foot. The annual fee for the portion of a "planter" sidewalk
cafe that is not located on the elevated planter: $5.00 per square foot.
4. Annual fee for a sidewalk cafe located on the street: $5.00 per square foot for the area
located on the sidewalk plus $10.00 square foot for the area located on the platform on the
street plus daily fee for each parking space as set forth in the City Code (presently, $12.00 per
day) for every day the platform is on the street plus bollard fee.
5. Deposit for sidewalk cafes which place anchored fencing in the public right-of-way:
$200.00. This deposit shall be refunded if the right-of-way, and planter if applicable, is restored
to its prior condition by the sidewalk cafe owner to the satisfaction of the City.
6. Deposit for sidewalk cafes which place a structure/platform (including cement platform)
on the public right-of-way, regardless of whether anchored fencing is used: $500.00. This
deposit shall be refunded if the structure/platform is removed, and the right -of way is restored to
its prior condition by the sidewalk cafe owner to the satisfaction of the City.
7. Deposit for sidewalk cafes which utilize an elevated planter in the public right-of-way:
$1,000.00. This deposit shall be refunded if the platform is removed, and the right-of-way is
restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City.
8. If the initial easement agreement is for less than one season, the fees listed in
Paragraphs 1-4 above shall be prorated on a quarterly basis.
9. Electricity fee for using electrical outlet for lights for cafes in planters: $45 per year.
10. Bollard Fee: Actual cost of the bollards based on a five (5) year life cycle plus one (1)
hour labor at the MWII pay grade to install, maintain, and remove the 4 -foot buffer. If the
platform is removed temporarily during the year, the labor fee is assessed again when the
platform is reinstalled. A minimum of two (2) bollards will be required, and the City shall
determine if additional bollards are needed.
11. Recording fee for the easement agreement: Actual fee charged by County Recorder.
Section 10-3-3 of the City Code
A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5
and CB -10 zones (the downtown and the commercial areas directly north and south of the
downtown).
B. No person shall operate a sidewalk cafe without executing an easement
agreement.
C. Each sidewalk cafe applicant shall file an application for an easement agreement
with the Public Works Department, on forms provided by the City.
D. The City Manager, or designee, shall either grant or deny the application within
thirty (30) days of the application being filed. If the application is granted, the City Manager, or
designee, is authorized to enter into a public right of way easement agreement. If the application
is denied, the applicant may appeal to the City Council by filing a written appeal with the City
Council, and the appeals process shall be the same as provided for mobile vendors in this
chapter. The City retains the right to limit the number of sidewalk cafes.
E. After execution of an easement agreement, the City Manager, or designee, shall
retain the right to terminate the easement agreement but only after written notice of violation has
been given and the time to cure the violation has expired. Grounds for termination of the
easement agreement shall include, but not be limited to, repeated violations of the state and
liquor control laws, violations of the easement agreement, and creating a safety hazard, health
hazard and/or public nuisance under state or local law. Additionally, the City Manager, or
designee, retains the right to terminate the easement agreement and direct removal of sidewalk
cafe operations if there is a substantial and reasonable need for use of the public right of way
for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the
agreement to the City Council. The appeals process shall be the same as provided for mobile
vendors in this chapter.
F. The easement agreement, at a minimum, shall require the cafe operator to
provide a certificate of insurance satisfactory to the City, and shall agree to hold the City
harmless against any and all liability arising from or relating to the operation of the sidewalk cafe
or the location of the cafe on the public right of way including, but not limited to, all claims
arising from occurrences or accidents within the sidewalk cafe area, including the walkway
through a cafe.
G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M.
and twelve o'clock (12:00) midnight.
H. Food and beverages must be available for service to patrons in a sidewalk cafe
during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is
closed.
I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring
the area at all times during the hours alcohol is consumed and shall dispense any alcoholic
beverage under state and local law.
J. Amplified sound equipment shall not be permitted.
K. The operation of any sidewalk cafe shall be in conformity with all applicable
federal, state, and local laws and regulations.
M. All fees for the operation of a sidewalk cafe shall be set by resolution.
N. The City Manager is authorized to establish administrative rules not inconsistent
with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be
on file with the City Clerk and available of the City website.
MoTrAmTro
4d(3)
Prepared by: Susan Dulek, 410 E. Washington St., Iowa City, IA 52240 (319) 3565030
RESOLUTION NO. 16-329
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE
YEAR EXTENSION OF THE AGREEMENT BETWEEN THE CITY AND
NATIONAL DEVELOPMENT COUNCIL REGARDING COMMUNITY AND
ECONOMIC DEVELOPMENT ADVISEMENT
WHEREAS, since 2010 the City has entered into agreements with the National Development
Council (NDC) to facilitate negotiations and pursue financing packages that will enable
redevelopment of key areas; and
WHEREAS, the current agreement expires on January 19, 2017, and it includes an option to
extend the term for one year;
WHEREAS, it is in the City's best interest to enter into a one-year extension of the agreement with
a fee increase of 5%.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Manager is hereby authorized to sign the attached one-year extension of the agreement
with NDC.
Passed and approved this 6th day of December _,2016.
L . 1A
4AYOR
Approved by
ATTEST: ' �}
3o^eC
CI ERK City Attorney's Office
Resolution No. 16-329
Page 2
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5050
EXTENSION OF AGREEMENT
BY AND BETWEEN
THE CITY OF IOWA CITY AND NATIONAL DEVELOPMENT COUNCIL
REGARDING COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT
On January 19, 2016, the City of Iowa City, Iowa, an Iowa municipal corporation whose
address is 410 East Washington Street, Iowa City, Iowa 52240 (the "Client") and the National
Development Council ("NDC' or "Contractor"), a New York non-profit corporation, which
is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, whose
address is One Battery Park, 24 Whitehall St., New York, NY 11004 entered in the Agreement
by and between the City of Iowa City and National Development Council regarding
Community and Economic Advisement ("Agreement").
WHEREAS, Section II of the Agreement provides that the Agreement may be extended by
mutual agreement for a period not greater than twelve (12) months and Section III of the
Agreement provides that the parties may consider increasing the fee for the extension
term by an amount not to exceed five percent (5%); and
WHEREAS, the parties now wish to extend the term of the Agreement by twelve (12) months
and increase the fee by five percent (5%).
NOW THEREFORE, in exchange of the mutual consideration described below, the City
and NDC do hereby agree to the following:
1. The duration of the Agreement as set forth in Section II of the
Agreement is extended to January 18, 2018;
2. For the extended tern of the Agreement from January 19, 2017 through January 18,
2018, the Client shall compensate NDC for performance of services received
hereunder in the total amount of $83,538.00 ("base fee amount"), payable in monthly
installments of $6,961.50.
3. All other terns and provisions of the Agreement not amended or altered herein shall
remain in full force and effect.
CITY OF IOWA CITY
By:
GddrFruin, City Manager
N
1Z/Z(/6
Date
AilR6"r,
DE OPMENT COUN IL
beDavenport, resident Da
4d(4)
Prepared by: Juli Seydell Johnson, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356-5100
RESOLUTION NO. 16-330
RESOLUTION APPROVING IOWA CITY INTEGRATED ROADSIDE VEGETATION
MANAGEMENT PLAN
WHEREAS, the City desires to establish native plantings and sustainable maintenance practices
in City right of ways; and
WHEREAS, City of Iowa City horticulture staff have worked closely with State of Iowa staff to draft
a plan specific to right of ways and conditions within Iowa City; and
WHEREAS, the City of Iowa is committed to establishing and maintaining environmentally friendly
and sustainable plantings in many City -owned right of ways; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City of Iowa City Integrated Roadside Vegetation Management Plan is approved.
2. The City Manager or a designee is authorized to provide documentation of approval
of the City of Iowa City Integrated Roadside Vegetation Management Plan.
Passed and approved this 6th day of December , 2016.
MOOR
Approved by
ATTEST: 1 e` 1--(r-
CITYJCLERK City Attorney's Office
Resolution No. 16-330
Page 2
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
EVA
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
r12-06-16
t .®rCITY OF IOWA CITY 4
Sz
wmIt MEMORANDUM
Date: November 16, 2016
To: Geoff Fruin, City Manager
From: Juli Seydell Johnson, Director of Parks & Recreation
Re: Resolutions Approving Iowa City Integrated Roadside Vegetation Management
Plan and Accepting Grant
Introduction:
These resolutions approve the Iowa City Integrated Roadside Vegetation Management Plan and accept a
grant to fund the plan. The plan was written by Parks and Recreation Staff with guidance from Mark
Pingenot of the State of Iowa DOT's Living Roadway Trust Fund (LRTF). Plan approval is a requirement
for funding from the Integrated Roadside Vegetation Management programs. A copy of the plan is
available for public review at the Parks & Recreation Administration office, 220 S. Gilbert Street.
History/Background:
The IRVM (Integrated Roadside Vegetation Management) Program has a short and informal history in
the City of Iowa City. Recent attention and program development has resulted from desires to reduce
the maintenance requirements and inputs associated with traditional turf right-of-ways. Fiscal year 2016
brought the first funding directed specifically towards IRVM goals in the form of Sustainable Roadside
Vegetation Management funds. Past efforts related to IRVM in Iowa City have focused on sections of
parks and City landholdings maintained primarily by the Parks Department. IRVM along Iowa City's
roadways support City sustainability goals and increase environmental stewardship.
Financial Impact:
Grant funds will be used to purchase an IRVM hydroseeder to be used as part of the Parks Integrated
Roadside Vegetation Management Plan and Sustainable Vegetation Roadside Management Program.
The hydroseeder will allow staff to plant and maintain native vegetation along City roadways and trails.
The grant is for $23,848. Matching funds of $5,962 are available in CIP Project R4226, Sustainable
Roadway Vegetation Management Program Project.
Recommendations:
Approve resolution accepting Iowa City Integrated Roadside Vegetation Management Plan.
Approve resolution accepting $23,848 IRVM grant from Iowa DOT for purchase of a
hydroseeder.
Attachments:
Resolution accepting Iowa City Integrated Roadside Vegetation Management Plan
Resolution accepting $23,848 IRVM grant from Iowa DOT for purchase of a hydroseeder.
4d(7)
Prepared by: Jul! Seydell Johnson, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356-5100
RESOLUTION NO. 16-331
RESOLUTION APPROVING IOWA CITY INTEGRATED ROADSIDE VEGETATION FUNDING
AND AUTHORIZING CITY MANAGER TO SIGN GRANT AGREEMENT
WHEREAS, the City desires to accept $23,848 in funding assistance through the Iowa Roadway
Trust Fund to finance a portion of the purchase of a hydroseeder to be used to establish native
plantings in City right of ways; and
WHEREAS, the grant requires that the City of Iowa City endorse an Integrated Roadside
Vegetation Management Plan; and
WHEREAS, the grant requires matching funds of $5,962 which are available in CIP Project
R4226, Sustainable Roadway Vegetation Management Program Project; and
WHEREAS, the City of Iowa is committed to establishing and maintaining environmentally friendly
and sustainable plantings in many City -owned right of ways; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Manager or a designee is authorized to sign the grant agreement along with
any other documentation necessary to receive grant funds.
2. The funding assistance received shall be used for implementation of the project
referenced above in accordance with the grant guidelines and requirements.
Passed and approved this 6th day of December _,2016.
MOOR
Approved by
\ \
ATTEST: � I (—I (-'-( 6
- �1��-s..Q ••�-
CII*ChERK City Attorney's Office
Resolution No. 16-331
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES
NAYS: ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
4d(8)
Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 16-332
RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY
SEWER, WATER MAIN, DRAINAGEWAY, AND PAVING PUBLIC
IMPROVEMENTS FOR PINE GROVE, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, and water main improvements for Pine Grove, as
constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
Paving improvements for Pine Grove, as constructed by Streb Construction Co., 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 6th day of December —,20 16
ATTEST: v
CI RK
MPWOR
Approved by
) (4;1�, <f -3o -(,c
City Attorney's Office
It was moved by Botchway and seconded by Dickens
AYES: NAYS: ABSENT:
the Resolution be
X
Botchway
X
Cole
X
Dickens
X
Mims
X
Taylor
X
Thomas
X
Throgmorton
pwenglmasterslacpt-Impmvements.doe
4d(2)
®1�OT
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
ENGINEER'S REPORT (319) 356 - 5009 FAX
www.icgov.org
November 23, 2016
Honorable Mayor and City Council
Iowa City, Iowa
Re: Pine Grove
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, storm sewer, water
main and paving improvements for Pine Grove have been completed in
substantial accordance with the plans and specifications on file with the
Engineering Division of the City of Iowa City. The required maintenance bonds
are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and
water main improvements constructed by Maxwell Construction, Inc. of Iowa
City, Iowa and for the paving improvements constructed by Streb Construction
Co., Inc. of Iowa City, Iowa.
I recommend that the above -referenced improvements be accepted by the City
of Iowa City.
Sincere)
G
0
Jason Havel, P.E.
City Engineer
4d(9)
Prepared by: Dave Panos, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 16-333
RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY
SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR
WINDMILL HEIGHTS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, drainage ways, and water main improvements for Windmill
Heights as constructed by BWC Companies of Solon, Iowa.
Paving improvements, including streets, sidewalks adjacent to Outlots B and C and along
Rochester Avenue, for Windmill Heights as constructed by Streb Construction Co., Inc. of
Coralville, 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 6th day of December , 20 16
Mb&OR
Approved by
ATTEST: plc ," ,,
CIIY,.CLERK City Attorney's Office 11
It was moved by sotchway and seconded by Dickens
AYES: NAYS: ABSENT:
the Resolution be
x
Botchway
x
Cole
x
Dickens
x
Mims
x
Taylor
x
Thomas
x
Throgmorton
pwenglmaatemtecpt4mprovemenm.dac
ENGINEER'S REPORT
November 8, 2016
City Clerk
Iowa City, Iowa
Re: Windmill Heights
Dear City Clerk
Lld(cl)
� r �
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
I hereby certify that the construction of the sanitary sewer, storm sewer, water main, certain
sidewalk, and paving improvements for Windmill Heights have been completed in substantial
accordance with the plans and specifications prepared by HBK Engineering, L.L.C. of Iowa City,
Iowa. The required maintenance bonds are on file in the City Clerk's Office for the sanitary
sewer, storm sewer, and water main improvements constructed by BWC Companies of Solon,
Iowa and for the sidewalk, and paving improvements constructed by Streb Construction Co.,
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,
��z 140
Jason Havel, P.E.
City Engineer
p"nglmasters/engrpt.doc
4d(10)
Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415
RESOLUTION NO. 16-334
RESOLUTION ACCEPTING THE WORK FOR THE SYCAMORE STREET -
CITY LIMITS TO SOUTH GILBERT STREET, PHASE 1 PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Sycamore Street - City Limits to South Gilbert Street, Phase 1, as included in a contract between
the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated March 23, 2015, be
accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, funds for this project are available in Sycamore Street- City limits to S. Gilbert Street
account # S3931; and
WHEREAS, the final contract price is $2,440,363.33.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 6th day of December _,20 16
MOOR
Approved by
,&,,— &4�i
City Attorney's Office 11 yd'11!o
It was moved by sotchway and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x Botchway
x Cole
x Dickens
x Mims
Pweng/masters/acptwork.doc
11116
Taylor
Thomas
Throgmorton
L+CJC10)
at
00=1 OT
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
ENGINEER'S REPORT www.icgov.org
November 23. 2016
City Clerk
Iowa City, Iowa
Re: Sycamore Street — City Limits to South Gilbert Street, Phase 1
Dear City Clerk:
I hereby certify that the construction of the Sycamore Street — City Limits to South Gilbert Street,
Phase 1 Project has been completed by Metro Pavers, Inc. of Iowa City, Iowa in substantial
accordance with the plans and specifications prepared by the McClure Engineering of North
Liberty, Iowa.
The project was bid as a unit price contract and the final contract price is $2,440,363.33.
There were ten change or extra work orders for the project as described below
CO#1
Curb Grinding
$
1,540.00
CO#2
Deduct - 16" Butterfliy Valve Relocation
$
(395.40)
CO#3
Soccer Complex Signs
$
440.00
CO#4
2.5' PCC Curb and Gutter, 9"
$
15,720.00
CO#5
24' Field Gate
$
3,300.00
CO#6
CD Baskets
$
2,080.35
CO#7
Fence Staking
$
422.70
CO#8
Hydrant Extension
$
850.00
CO#9
Pavement Marking Removal
$
1,000.00
CO#10
Clearing and Grubbing Adjustment
$
7,545.13
TOTAL $ 32,502.78
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
cerely
Sing"
Jason Havel, P. E.
City Engineer
p"nglmastuslengTldoc
Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436
RESOLUTION NO. 16-335
RESOLUTION ACCEPTING THE WORK FOR THE 2016 RALSTON CREEK
IMPROVEMENTS PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2016 Ralston Creek Improvements Project, as included in a contract between the City of Iowa City
and CAJ Enterprises Inc. (d/b/a/ Chris Jones Trucking) of West Branch, Iowa, dated August 30th,
2016, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, funds for this project are available in the Annual Storm Water Improvements account
# M3631; and
WHEREAS, the final contract price is $112,044.47.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 6th day of December 120 16
M OR
Approved by
ATTEST: Vo QuC4tc� rduA�I+K+�T/G��
C ERK 'City Attorney's Office
It was moved by Botchway and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES
x
Pweng/masterstacptwork.doc
11116
NAYS: ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
ENGINEER'S REPORT
November 22, 2016
City Clerk
Iowa City, Iowa
Re: 2016 Ralston Creek Improvements Project
Dear City Clerk:
I hereby certify that the construction of the 2016 Ralston Creek Improvements Project has been
completed by CAJ Enterprises Inc. (d/b/a/ Chris Jones Trucking) of West Branch, Iowa in
substantial accordance with the plans and specifications prepared by the City of Iowa City.
The project was bid as a unit price contract and the final contract price is $112,044.47.
There were a total of five (5) change or extra work order for the project as described below:
1 Additional Tree Removal
$
8,352.85
2 Rip Rap, 6" Special
$
19,546.16
3 Rip Rap, 6" x 12"
$
2,794.82
4 5' Chain Link Fence Gate
$
150.00
5 Additional Quantities, Rip Rap Class E and Rip Rap Grout
$
38,042.64
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason Havel, P.E.
City Engineer
qct t 1'L>
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 16-336
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST THE SECOND AMENDMENT
TO AGREEMENT FOR PRIVATE REDEVELOPMENT
BETWEEN THE CITY OF IOWA CITY AND CA STUDENT
LIVING IOWA CITY, LLC, THE ASSIGNEE OF CASL
HOLDINGS, LLC
WHEREAS, on July 27, 2015 pursuant to Resolution No. 15-250 the City entered into a
Development Agreement with CASL Holdings, LLC (hereinafter "CASL Holdings") for the sale
of city property at the comer of Court and Linn Streets and development thereon of a mixed-use
project consisting of 2 buildings housing a hotel, office space, retail and apartments with a
construction cost of approximately $74 million.
WHEREAS, on December 15, 2015 pursuant to Resolution No.15-393 the City and CASL
Holdings entered into a First Amendment to Agreement for Private Redevelopment that extended
the dates for closing, start of construction and final completion to allow it additional time to get its
budget and financing in place (the Development Agreement as amended is hereinafter referred to
as "Agreement"); and,
WHEREAS, on June 1, 2016 the City sold the Redevelopment Property at the corner of Linn and
Court streets to CA Student Living Iowa City, LLC (hereinafter "Developer"), the assignee of
CASL Holdings, and construction has commenced; and,
WHEREAS, because the property has been submitted to a horizontal property regime
(condominiums) and there will be separate owners and lenders for the 15 -story Residential
Building and the 14 -story Hotel Building, the Developer has requested a Second Amendment in
order to allocate the responsibilities of the Agreement to either the Residential Owner or the Hotel
Owner; and,
WHEREAS, the Agreement requires city approval for a change in the number of residential units
of more than 5% and Developer seeks city approval for a change to the unit mix that increases the
number of 2 bedroom units by 8.05%; and,
WHEREAS, the Council has determined that with the requested amendments the Agreement will
continue to be in the best interests of the City and the residents thereof and that the performance
by the City of its obligations thereunder is a public undertaking and purpose and in furtherance
of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's
performance thereunder is in furtherance of appropriate economic development and blight
remediation activities and objectives of the City within the meaning of Chapters 15A and 403 of
the Iowa Code, taking into account the factors set forth therein.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IN THE STATE OF IOWA:
1. The attached Second Amendment to the Agreement for Private Redevelopment with CA
Student Living Iowa City, LLC, is in the public interest of the residents of Iowa City.
Resolution No. 16-336
Page 2
2. That said Second Amendment is consistent with and authorized by the Urban Renewal Plan,
all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and
403 and the City's policies and practices; and
3. That the Mayor is authorized and directed to execute said Second Amendment in duplicate
and the City Clerk is authorized and directed to attest the signatures and to affix the seal of the
City Clerk.
Passed and approved this 6th day of December 016-
YOR
Ap roved
:;
ATTEST:
C LERK
City Attorney's Office
Resolution No.
Page 3
16-336
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
SECOND AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
THIS SECOND AMENDMENT TO AGREEMENT FOR PRIVATE
REDEVELOPMENT (this "Second Amendment") is made as of December 6, 2016 ("Second
Amendment Effective Date"), by and between THE CITY OF IOWA CITY, IOWA, a
municipality ("City"), and CA STUDENT LIVING IOWA CITY, LLC, a Delaware limited
liability company (the "Redeveloper").
RECITALS
WHEREAS, City and CASL HOLDINGS, LLC, a Delaware limited liability company
("CASL") entered into that certain Agreement For Private Redevelopment dated effective as of
July 27, 2015, as amended by that certain First Amendment to Agreement for Private
Redevelopment dated effective as of December 15, 2015 (collectively the "Agreement") in
connection with the sale to and redevelopment by CASL of the property generally located on the
half block bounded by Court Street on the North, Linn Street on the East, Harrison Street
(vacated) on the South and a North/South alley on the West in Iowa City, Iowa, legally described
on Exhibit A attached hereto (the "Redevelopment Property"), and defined terms not otherwise
defined herein shall have the meanings set forth in the Agreement;
WHEREAS, on May 31, 2016, CASL assigned its interest in the Agreement to the
Redeveloper pursuant to that certain Assignment and Assumption of Agreement for Private
Redevelopment;
WHEREAS, the Redeveloper acquired the Redevelopment Property by deed from the
City recorded on June 3, 2016, in Book 5512, Page 776 in the records of Johnson County, Iowa
Recorder's Office (the "Warranty Deed"), and the Redevelopment Property remains subject to
the Agreement;
WHEREAS, on or prior to the Second Amendment Effective Date, the Redeveloper has
submitted the Redevelopment Property to a horizontal property regime in accordance with Iowa
Code Chapter 499B (the "Iowa Horizontal Property Act"), pursuant to the Declaration of
Submission of Property to Horizontal Property Regime for CASL Iowa City, a Condominium,
recorded December 6, 2016 in Book 5594, Page 881 in the records of the Johnson County, Iowa
Recorder's office (the "Declaration");
WHEREAS, pursuant to the Declaration said regime is comprised of three hundred thirty
five (335) separate and distinct units each of which are capable of being owned as a separate
parcel of real property under the Iowa Horizontal Property Act (each, a "Unit");
WHEREAS, the Declaration identifies Units R 1 through R 332 which are intended for
use as residential housing units and shall all be contained in one structure on the Redevelopment
Property identified as the "Residential Building" pursuant to the Declaration, and Units
identified as Hotel, Office and Retail which shall be contained in another separate, but
contiguous, structure on the Redevelopment Property identified as the "Hotel Building"
pursuant to the Declaration, each as shown on Exhibit B attached hereto and more specifically
1
54847973.10
set forth in the Declaration (each of the Residential Building and the Hotel Building may be
referred to, individually, as a "Building" and, collectively, as the "Buildings');
WHEREAS, the Developer intends that the Residential Building shall have one owner
(the "Residential Owner") and the Hotel Building shall have one or more owners (collectively,
the "Hotel Owner") and that the ownership of the Residential Building and the Hotel Building
shall be separate and distinct, one from the other;
WHEREAS, (a) the project to be constructed by the Residential Owner as part of the
Residential Building is intended to include (i) an approximate total of $54,989,804.00 in
construction costs, (ii) those Minimum Improvement obligations (as required pursuant to Section
1(a) of the Agreement and set forth on Exhibit D thereof) which are set forth on Exhibit C-1
hereof (the "Residential Improvements") and (iii) all affordable housing requirements of the
Agreement (as required pursuant to Section 1(b) of the Agreement) (collectively, the
"Residential Project"), and (b) the project to be constructed by the Hotel Owner as part of the
Hotel Building is intended to include (i) an approximate total of $19,010,196.00 of construction
costs, (ii) those Minimum Improvement obligations (as required pursuant to Section 1(a) of the
Agreement and set forth on Exhibit D thereof) which are set forth on Exhibit C-2 hereof (the
"Hotel Improvements"), and (iii) performance of the Redeveloper's obligations with respect to
the office component of the Redevelopment Property as set forth in Section 404 of the
Agreement (collectively, the "Hotel Project");
WHEREAS, the Redeveloper has requested that the City enter into this Second
Amendment in order to amend the Redevelopment Agreement to contemplate the ownership
regime set forth in the Declaration, the separate ownership of the Residential Building and the
Hotel Building, the allocation of the obligations under the Redevelopment Agreement and
certain other matters as set forth herein; and
WHEREAS, the parties desire and agree to amend the Agreement as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Incorporation of Recitals The foregoing recitals are incorporated herein as if
set forth in their entirety. The capitalized terms used herein shall have the meanings ascribed to
them in the Agreement.
2. Obligations Following Transfer by Redeveloper. Upon the transfer by
Redeveloper of title to the Residential Building, the Residential Owner shall be solely obligated
to perform only the Residential Improvements and satisfy the obligations of the Agreement as
applicable to the Residential Project, and, upon transfer by Redeveloper of title to the Hotel
Building, the Hotel Owner shall be solely obligated to perform only the Hotel Improvements and
satisfy the obligations of the Agreement as applicable to the Hotel Project. All references in the
Agreement to the "Minimum Improvements" shall mean (i) as to the Residential Owner, solely,
2
54847973.10
the Residential Improvements, and (ii) as to the Hotel Owner, solely, the Hotel Improvements.
For the avoidance of doubt, notwithstanding any other provision of the Agreement to the
contrary, the Residential Owner (unless it is the Redeveloper) shall have no obligation or liability
to perform the Hotel Improvements or with respect to the Hotel Project, and the Hotel Owner
(unless it is the Redeveloper) shall have no obligation or liability to perform Residential
Improvements or with respect to the Residential Project. With respect to the foregoing:
(a) The construction cost commitment made in Section 1(a) shall be allocated
$54,989,804.00 to the construction of the Residential Building and $19,010,196.00 to the
construction of the Hotel Building.
(b) The affordable housing requirements set forth in Section 1(b) of the Agreement
are solely applicable to the Residential Building and binding upon and enforceable against the
Residential Owner. The Hotel Owner and the Hotel Building shall have no obligations with
respect to the affordable housing obligations. The parties further confirm and acknowledge that
the affordable housing obligation is to rent 10% of the residential units as one -bedroom units in
accordance with Section 1(b) of the Agreement.
(c) If a default, breach or violation of the Agreement, the Urban Renewal Plan or
under any applicable zoning or building code ("City Code"), as contemplated by Section 2(d) of
the Agreement or otherwise, relates only to one of the two Buildings, the City will take action
under the City Code, or exercise its rights and remedies under the Agreement, only with respect
to the Building to which the default, breach, or violation relates and the owner of such Building,
and the owner of the other Building shall not be responsible and shall not be affected by such
default.
(d) The permits necessary for the development of each Building as contemplated by
Section 2(e) of the Agreement, including but not limited to building permits and site plan
approval, will be issued independently with respect to each Building upon compliance by solely
such Building with the applicable provisions of the City Code, regardless of the status of the
plans and development of the other Building. Any non-compliance by one Building with the
Agreement will not affect the issuance, amendment or any other approval relating to any permit
necessary for the development of the other Building.
(e) In accordance with Section 2(h) of the Agreement, the Residential Owner will
spend enough in construction of the Residential Project which, when combined with the value of
the property and related site improvements, will equal or exceed a minimum actual value of
$23,573,492 and the Hotel Owner will spend enough in construction of the Hotel Project which,
in combination with the value of the property and related site improvements, will equal or exceed
a minimum actual value of $16,426,508.
(f) If a payment and performance bond is issued solely as to either the Residential
Building or the Hotel Building (but not both Buildings) pursuant to Section 3(a) of the
Agreement, the City shall release its right of reverter as to such Building as contemplated by
Section 3(b) of the Agreement and may retain the right of reverter as to the other Building until
receipt of a payment and performance bond in accordance with Section 3(a) of the Agreement as
to such other Building. For the avoidance of doubt, the City's right of reverter contained in
54847973.10
Section 3 of the Agreement and the Warranty Deed shall at all times remain subject to Section
605 of the Agreement.
(g) Certificates of occupancy will be issued with respect to each Building when the
improvements described in the applicable building permit granted to such Building are eligible
for an occupancy permit under the City Code, provided that (i) the condition of any Unit or
common element which is not part of the subject Building does not create health and safety
issues for such Building seeking a certificate of occupancy, and (ii) such Building,
independently, satisfies all conditions to the issuance of a certificate of occupancy as set forth in
City Code; but, specifically without regard to whether the other Building (x) satisfies the
conditions necessary for issuance of a certificate of occupancy as to such other Building, or
(y) has complied with any applicable timing requirements under the Agreement, including but
not limited to the time periods set forth in Section 3(a), Section 4 of the Agreement and Section 5
of the Agreement.
(h) In accordance with Section 7 of the Agreement and the Minimum Assessment
Agreement recorded on June 3, 2016 in Book 5512, page 785, of the records of the Recorder of
Johnson County, Iowa, the Declaration includes an attachment executed by the Redeveloper, the
City and the City Assessor allocating a portion of the Minimum Actual Value to each Unit; and,
per said Minimum Assessment Agreement the obligations therein run with the land and are
binding on the successors and assigns of the Redeveloper.
(i) The provisions of Section 306 of the Agreement with respect to the issuance of
certificate of completion and the City's agreement in Section 306 to provide such certificate of
completion shall apply separately to the Residential Building and the Hotel Building such that a
certificate of completion may be issued for either such Building based on the Minimum
Improvements allocated to such Building pursuant to this Second Amendment regardless of the
condition of the other Building. The failure of either Building to obtain a certificate of
completion in accordance with the terms of the Agreement shall not be a default by the owner of
the other Building.
(j) The office component requirements set forth in Section 404 of the Agreement are
solely applicable to the Unit Office and binding upon and enforceable against the owner of the
Hotel Building as the owner of the Unit Office. The Residential Owner and the Residential
Building shall have no obligations with respect to the office component obligations.
(k) An assignment or transfer by the owner of one Building which is prohibited under
Article V of the Agreement will not be deemed a default as to the owner of the other Building.
The assignment by the Redeveloper of the Residential Building to Rise at Riverfront Crossing
Owner, LLC is a permitted assignment under the Agreement. The assignment by the
Redeveloper of the Hotel Building to Riverfront Crossing Hospitality Owner, LLC is a permitted
assignment under the Agreement, and each assignee shall enjoy all of the rights and benefits of
the Redeveloper under the Agreement.
(1) The City's rights and remedies under Article VIII shall apply separately as to
(i) the Residential Building and the Residential Owner with respect to the compliance of the
Residential Building and the Residential Owner with the Agreement, and (ii) the Hotel Building
0
54847973.10
and the Hotel Owner with respect to the compliance of the Hotel Building and the Hotel Owner
with the Agreement.
3. Mortgagee Notice Address. Section 603 of the Agreement is amended by
inserting the following at the end of such Section "or at the address of the holder of the mortgage
as set forth in such mortgage if the City has no record of receiving written notice of any changes
to such address."
4. Section 605. Section 605 of the Agreement is amended by deleting the last
sentence thereof and by inserting the following:
Prior to the recording of the Certificate of Completion provided for in Section 306
of this Agreement and the expiration of the City's right of reversion, if a
mortgagee or subsequent purchaser following foreclosure or by acceptance of a
deed -in -lieu of foreclosure takes title to the Property subject to the obligation to
construct the Minimum Improvements to the Property then, subject to Section
605(b), the City shall not commence or instruct any representative to commence
any judicial proceedings to take any action with respect to the reversionary
interest contained in Section 3 herein and/or the Warranty Deed or otherwise take
any action to enforce its interest in or realize upon, or take any other action
available to it in respect of said reversionary interest. The City's right of reversion
as set out in Section 3 of the Agreement and the Warranty Deed shall at all times
be subordinate to and junior to the rights of any mortgagee, subject only to the
specific rights of the City, pursuant to Section 605 of the Agreement.
5. Residential Unit Mix. Pursuant to Exhibit C-1 attached hereto, the Developer
may adjust the total unit count, the unit numbers and mix by +/- 5% without City approval and
by +/- 10% with City approval. The Developer's current design adjusts the total unit count, unit
numbers and mix as set forth below, and the City hereby approves each of the adjusted design
unit counts and the mix set forth below:
Exhibit C-1
Unit Type
Units
1 Beds/ Studios
127
2 Beds
149
3 Beds
44
Total
320
Adjusted Design
Units
Variance
125(38%)
-1.57%
161 (48%)
8.05%
46(14%)
4.55%
332
3.75%
6. City Estoppel. The City hereby certifies to the best of its knowledge and belief,
that as of the Second Amendment Effective Date, the following is true and correct:
(a) The Agreement is in full force and effect and has not been modified,
amended, supplemented, or assigned, except as otherwise described herein.
(b) The City knows of no condition under the Agreement which on the giving of
notice or the passage of time, or both, would constitute a default under the Agreement by
54847973.10
Redeveloper and knows of no claims, defenses or offsets which City has against the
enforcement of this Agreement by Redeveloper.
Miscellaneous.
(a) Except as hereinabove modified and amended, the Agreement shall remain
in full force and effect in accordance with its terms and is hereby ratified and confirmed.
(b) This Second Amendment supersedes any prior representations, offers,
negotiations or understandings between the parties with respect to the subject matter hereof.
(c) This Second Amendment may be signed by the Parties in counterpart and
shall be binding as if signed together. Facsimile or electronic copies of the signed counterparts
shall be deemed to be authentic and valid as an original of this Second Amendment.
[THE REMAINDER OF THIS PAGE IS INTENTIONALL Y LEFT BLANK,
SIGNATURE PACES FOLLOW.]
6
54847973.10
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the
Second Amendment Effective pate set forth above.
roved
a -
014,166"n -f y / 2 — 6,
STATE OF IOWA
COUNTY OF JOHNSON
CITY:
CITY OF IOWA CITY, IOWA, a municipality
By: "� zz-2g:�
im Throgmor n, Mayor
ATTEST:
By: Vo=
Ju. e Voparil, Deputy City Clerk
On this OA day of P m,6f, r , 2016, before me a Notary Public in and for said
County, personally appeared Jim Throgmorton and Julie�,a�ril to me personally known,
who being duly sworn, did say that they are the Mayor andiqity Clerk, respectively of the City of
Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of
Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal
Corporation, and that said instrument was signed and sealed on behalf of said Municipal
Corporation by authority and resolutions of its City Council and said Mayor and City Clerk
acknowledged said instrument to be the free act and deed of said Municipal Corporation by it
voluntarily executed.
-k' zla� 1i c ie I t l E
No ary Public in and a
r the State of Iow
y KELLIE K. FRUEHLING
p L „�u=Mu WZZ78t9
My 'on EKpfrea
Second Amendment to Agreement for Private Redevelopment — Signature Page
REDEVELOPER:
CA STUDENT LIVING IOWA CITY, LLC, a
Delaware limited liability company
By: CA Student Manager, LLC, a Delaware limited
liability company, its Manager
By:
Name: J 1 Jose Smith IV
Its: thorized Sig atory
STATE OF ILLINOIS
COUNTY OF COOK
This instrument was acknowledged before me on this'? day of 2016 by John
Joseph Smith IV as Authorized Signatory of CA Student Manager, LLC, a Delaware limited
liability company, as Manager of CA Student Living Iowa City, LLC.
Notary Public in and for the State of Illinois
official Seal
Tracie Szozda
Notary Public Stale of Illinois
My Commission Expires 08131019
Second Amendment to Agreement for Private Redevelopment— Signature Page
EXHIBIT A
LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY
Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the
recorded plat thereof recorded in Book 1 and 2, Page 253, Deed records of Johnson County,
Iowa and the vacated eastern 150 -feet of the 80 -foot wide Harrison Street right-of-way located
west of the Linn Street right-of-way and south of Lot 4 in Block 1, subject to a public access
easement, in said County Seat Addition to Iowa City, Iowa.
54847973.10
EXHIBIT B
BUILDING DESIGNATION DEPICTION
54847973.10
RESIDENTIAL
EXTERIOR
EXTERIOR
•-�^ Rise at Riverfront C
RI
Iowa City, IA
0
SITE PLAN
1010412010
EXHIBIT C-1
RESIDENTIAL IMPROVEMENTS
Residential Owner shall complete construction of the Residential Building in accordance with
the terms of the Agreement and consisting of a 15 -story south tower, in substantial conformity
with the Project Design and Plans submitted by the Redeveloper in its February 2015 submittal
(attached to the Redevelopment Agreement as Exhibit D-1), with the following components
(from Exhibit D of the Redevelopment Agreement) as may be adjusted in connection with City
approvals and limitations (all FAA approvals having been obtained):
1. Approximately 320 apartments and 326 parking spaces to be accessed off the alley. It is
understood that such unit numbers may vary by +/- 5% without City approval and by +/-
10% with City approval.
2. The unit mix for the residences shall be as follows: 127 1-bedroom/studio (40%); 149 2 -
bedroom (47%) and 44 3 -bedroom (14%). It is understood that such unit numbers and
mix may vary by +/- 5% without City approval and by +/- 10% with City approval.
3. Amenities shall include a fitness center, a landscaped courtyard, a Club room, private and
group study lounges, a rooftop pool, sun deck, coffee bar and Wi-Fi.
4. The residential portions of the Residential Building shall be designed and constructed to
LEED Gold standards or higher and any non-residential portions of the Residential
Building, such as the parking components, shall be designed and constructed to LEER
Silver standards. The Redeveloper's registered and LEED-accredited architect must
certify the point calculation for the project such that the project is constructed in
accordance with the required LEER standard and said certification shall be subject to
City's approval prior to issuance of an occupancy permit. LEED certification, however,
shall not be required. A list of the point calculation based on actual on-site achievements
will be submitted for City review.
54847973.10
EXHIBIT C-2
HOTEL IMPROVEMENTS
Hotel Owner shall complete construction of the Hotel Building consisting of a 14 -story north
tower, in accordance with the terms of the Agreement and in substantial conformity with the
Project Design and Plans submitted by the Redeveloper in its February 2015 submittal (attached
to the Redevelopment Agreement as Exhibit D-1), with the following components (from Exhibit
D of the Redevelopment Agreement) as may be adjusted in connection with City approvals and
limitations (all FAA approvals having been obtained):
1. Approximately 152 hotel rooms, 6,325 square feet of retail and 25,518 square feet of
Class A office space. It is understood that such square footage may vary by +/- 5%
without City approval and by +/- 10% with City approval.
2. The hotel flag shall be Hyatt Place, Hilton Canopy, Hilton Curio, Marriott AC Hotels,
Starwood Aloft, or another hotel flag of substantially similar quality approved by City.
The hotel operator shall be the Bricton Group, Aimbridge Hospitality, First Hospitality
Group, or other operator with substantially similar credentials approved by the City.
3. The Hotel Building shall be designed and constructed to LEED Silver standards, with the
aspiration to achieve LEED Gold standards. The Redeveloper's registered and LEED-
accredited architect must certify the point calculation for the project such that the project
is constructed in accordance with the required LEED standard and said certification shall
be subject to City's approval prior to issuance of an occupancy permit. LEED
certification, however, shall not be required. A list of the point calculation based on
actual on-site achievements will be submitted for City review.
54847973.10
12-06-16
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 4d(12)
RESOLUTION NO. -
RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE SECOND
AMENDMENT TO AGREEMENT FOR PRIVATE
REDEVELOPMENT BETWEEN THE CITY OF IOWA
CITY AND CA STUDENT LIVING IOWA CITY, LLC, THE
AS4GNEE OF CASL HOLDINGS, LLC
WHEREAS, on July " 2015 pursuant to Resolution No. 15-250 the entered into a
Development Agreement ith CAST Holdings, LLC (hereinafter "CASE ldings") for the sale
of city property at the come of Court and Linn Streets and developm thereon of a mixed-use
project consisting of2 build s housing a hotel, office space, r '1 and apartments with a
construction cost of annroximatel $74 million.
WHEREAS, on December 15, 201 pursuant to Resolutio No.15-393 the City and CASL
Holdings entered into a First Amendm t to Agreement for rivate Redevelopment that extended
the dates for closing, start of construction d final (omple on to allow CASL Holdings additional
time to get its budget and financing in lace (the evelopment Agreement as amended is
hereinafter referred to as "Agreement"); and,
WHEREAS, on June 1, 2016 the City transfeft the property at the comer of Linn and Court
streets to CA Student Living Iowa City, LLC reinafter "Developer"), the assignee of CASL
Holdings, and construction has com/g,
WHEREAS, because the propersub 'tted to a horizontal property regime
(condominiums) and there will bwners d lenders for the 15 -story Residential
Building and the 14 -story Hotel BuDeveloper as requested a Second Amendment in
order to allocate the responsibilitiesement to eit r the Residential Owner or the Hotel
Owner; and,
WHEREAS, the Agreement r es city approval for a change the number of residential units
of more than 5% and Develop seeks city approval for a changet the unit mix that increases the
number of 2 bedroom units by/8.05%; and,
WHEREAS, the Council s determined that with the requested amen ments the Agreement will
continue to be in the bes interests of the City and the residents thereo d that the performance
by the City of its obli tions thereunder is a public undertaking and pNdelopment
and in furtherance
of the Plan and the/Urban Renewal Law and, further, that the Ant and the City's
performance thereu der is in furtherance of appropriate economic and blight
remediation activies and objectives of the City within the meaning ofrs 15A and 403 of
the Iowa Code, t ing into account the factors set forth therein.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THEITI' OF
IOWA CI IN THE STATE OF IOWA:
1. The attached Second Amendment to the Agreement for Private Redevelopment �ith CA
Student Living Iowa City, LLC, is in the public interest of the residents of Iowa City. \
Resolution No.
Page 2
2. That said Second Amendment is consistent with and authorized by the Urban Renewal Plan,
all applicable State and federal laws including, but not limited to, Iowa Code Ch ters 15A and
403 and the City's polies and practices; and
3. That the Mayor is aut orized and directed to execute said Second
Clerk is authorized and direc d to attest the signature and to affix the E
Passed and approved this day of , 20_
A ewels
MZ5)-TTEST:
City Attorney's Office
iendment and the City
of the City Clerk.
CITY CLERK
gd02-)
SECOND AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT
TIRS SECOND AMENDMENT TO AGREEMENT FO)e PRIVATE
REDEVEL PMENT (this "Second Amendment") is made as of Z 2016
("Second A �n�dment Effective Date"), by and between THE CITY,/OF IOWA CITY,
IOWA, a municipality ("City"), and CA STUDENT LIVING IOWA WY, LLC, a Delaware
limited liability coipany (the "Redeveloper").
RECITALS
WHEREAS, City and CASL HOLDINGS, LLC, a elaware limited liability company
("CASL") entered into tha certain Agreement For Privat edevelopment dated effective as of
July 27, 2015, as amende by that cerain First endment to Agreement for Private
Redevelopment dated effecti as of December 15, 015 (collectively the "Agreement") in
connection with the sale to and development by C SL of the property generally located on the
half block bounded by Court S eet on the No Linn Street on the East, Harrison Street
(vacated) on the South and a Nort outh alley the West in Iowa City, Iowa, legally described
on Exhibit A attached hereto (the "Re evelop ent Property"), and defined terms not otherwise
defined herein shall have the meanings t f in the Agreement;
WHEREAS, on May 31, 2016, SL assigned its interest in the Agreement to the
Redeveloper pursuant to that certain ssient and Assumption of Agreement for Private
Redevelopment; 17
WHEREAS, the Redevel er acquired the Redevelopment Property by deed from the
City recorded on June 3, 2016, 0 Book 5512, Pag 776 in the records of Johnson County, Iowa
Recorder's Office (the "Warr ty Deed"), and the edevelopment Property remains subject to
the Agreement;
WHEREAS, on or n r to the Second Amendm\"),
ive Date, the Redeveloper has
submitted the Redevelop ent Property to a horizontal prgime in accordance with Iowa
Code Chapter 499B ( e "Iowa Horizontal Propertyursuant to the Declaration of
Submission of Prope to Horizontal Property Regime L Iowa City, a Condominium,
recorded in Book Page in the records onson County, Iowa Recorder's
office (the "Declar, ion");
WHEREAS, pursuant to the Declaration said regime is com sed of three hundred thirty
five (335) sepayyate and distinct units each of which are capable of keing owned as a separate
parcel of real pfoperty under the Iowa Horizontal Property Act (each, a Unit");
WHEREAS, the Declaration identifies Units R 1 through R 332\"H
ntended for
use as resid6ntial housing units and shall all be contained in one structureevelopment
Property /dentified as the "Residential Building" pursuant to the Dand Units
identified as Hotel, Office and Retail which shall be contained inparate, but
contigs us, structure on the Redevelopment Property identified as Building"
pursuant to the Declaration, each as shown on Exhibit B attached heretospecifically
1
54847973.10
set forth ikthe Declaration (each of the Residential Building and the Hotel Building may be
referred to, t>,3dividually, as a "Building" and, collectively, as the "Buildings");
WHER AS, the Developer intends that the Residential Building shall have one owner
(the "Residentia Owner") and the Hotel Building shall have one or more owners (collectively,
the "Hotel Owne ") and that the ownership of the Residential Building and the Hotel Building
shall be separate an distinct, one from the other;
WHEREAS, (a the project to be constructed by the Resid tial Owner as part of the
Residential Building is 'ntended to include (i) an approximat total of $54,989,804.00 in
construction costs, (ii) tho Minimum Improvement obligation (as required pursuant to Section
1(a) of the Agreement and et forth on Exhibit D thereof) -ch are set forth on Exhibit C-1
hereof (the "Residential Im ovements") and (iii) all a ordable housing requirements of the
Agreement (as required purs ant to Section 1(b) f the Agreement) (collectively, the
"Residential Project"), and (b) e project to be co tructed by the Hotel Owner as part of the
Hotel Building is intended to inclu a (i) an approx' ate total of $19,010,196.00 of construction
costs, (ii) those Minimum Improv ent obligati s (as required pursuant to Section 1(a) of the
Agreement and set forth on Exhibit thereo which are set forth on Exhibit C-2 hereof (the
"Hotel Improvements"), and (iii) perf e of the Redeveloper's obligations with respect to
the office component of the Redevelo ent Property as set forth in Section 404 of the
Agreement (collectively, the "Hotel Proj ");
WHEREAS, the Redevelops has r quested that the City enter into this Second
Amendment in order to amend the edevelop ent Agreement to contemplate the ownership
regime set forth in the Declaration/the separate wnership of the Residential Building and the
Hotel Building, the allocation the obligation under the Redevelopment Agreement and
certain other matters as set forth herein; and
WHEREAS, the parti desire and agree to ams the Agreement as set forth herein.
AGREEMENT
NOW, THEREF RE, in consideration of the premi s and the mutual covenants and
agreements contained erein, and other good and valuabl consideration, the receipt and
sufficiency of which i ereby acknowledged, the parties hereto a ee as follows:
1. Inco! oration of Recitals. The foregoing recitals re incorporated herein as if
set forth in their e9 irety. The capitalized terms used herein shall ha the meanings ascribed to
them in the Agreethent.
2. Obligations Following Transfer b Redevelo er. on the transfer by
Redeveloper o title to the Residential Building, the Residential Owner sha be solely obligated
to perform orAy the Residential Improvements and satisfy the obligations o the Agreement as
applicable the Residential Project, and, upon transfer by Redeveloper o ills to the Hotel
Building, the Hotel Owner shall be solely obligated to perform only the Hotel I rovements and
satisfy the obligations of the Agreement as applicable to the Hotel Project. All re erences in the
Agreement to the "Minimum Improvements" shall mean (i) as to the Residential y✓ner, solely,
2
54847973.10
the Residential Improvements, and (ii) as to the Hotel Owner, solely, the Hotel Improvements.
For the avoidance of doubt, notwithstanding any other provision of the Agre ent to the
cont ary, the Residential Owner (unless it is the Redeveloper) shall have no obli ion or liability
to perform the Hotel Improvements or with respect to the Hotel Project, a5ethe Hotel Owner
(unless it i the Redeveloper) shall have no obligation or liability to perform Residential
Improvement r with respect to the Residential Project. With respect to a foregoing:
(a) The construction cost
commitment made in Sec on 1(a) shall be allocated
$54,989,804.00 to t�constraction
of the Residential Build' g and $19,010,196.00 to the
construction of the Hot�1 Building.
(b) The affordaB a housing requirements set f h in Section 1(b) of the Agreement
are solely applicable to the sidential Building and b ding upon and enforceable against the
Residential Owner. The Hote Owner and the lot
Building shall have no obligations with
respect to the affordable housing bligations. The ies further confirm and acknowledge that
the affordable housing obligation is o rent 10% the residential units as one
units in
accordance with Section 1(b) of the A eement.
(c) If a default, breach or v
under any applicable zoning or building
the Agreement or otherwise, relates on]
under the City Code, or exercise its ri
to the Building to which the default, b e
and the owner of the other Buildin sh
default.
(d) The permits
Section 2(e) of the Agree
approval, will be issued int
such Building with the ap
plans and development of
Agreement will not affec ,
necessary for the develo011
3t}bn of the Agreement, the Urban Renewal Plan or
Ki' ("City Code"), as contemplated by Section 2(d) of
o e of
the two Buildings, the City will take action
and emedies under the Agreement, only with respect
i, or vlplation relates and the owner of such Building,
not be ?,qsponsible and shall not be affected by such
ce sary for the developm�t
Iincluding but not lima l
ndently with respect to eacl
;able provisions of the City
other Building. Any non-(
issuance, amendment or any
of the other Building.
of each Building as contemplated by
d to building permits and site plan
Building upon compliance by solely
de, regardless of the status of the
om liance by one Building with the
othe approval relating to any permit
(e) In acco dance with Section 2(h) of the Agreement, a Residential Owner will
spend enough in con ction of the Residential Project which, when c mbined with the value of
the property and re ated site improvements, will equal or exceed a 'nimum actual value of
$23,573,492 and Hotel Owner will spend enough in construction of e Hotel Project which,
in combination w h the value of the property and related site improvemen will equal or exceed
a minimum actu value of $16,426,508.
(f) f a payment and performance bond is issued solely as to eith the Residential
Building or a Hotel Building (but not both Buildings) pursuant to Secti 3(a) of the
Agreement, e City shall release its right of reverter as to such Building as co emplated by
Section 3 of the Agreement and may retain the right of reverter as to the other B 'lZ until
receipt of a payment and performance bond in accordance with Section 3(a) of the Agement as
to such other Building. For the avoidance of doubt, the City's right of reverter con fined in
3
54847973.10
Section 3 of the Agreement and the Warranty Deed shall at all times r ain subject to Section
605 of the Agreement.
(g) Ce Cates of occupancy will be issued with res ct to each Building when the
improvements descn ed in the applicable building permit gr ed to such Building are eligible
for an occupancy p t under the City Code, provided t t (i) the condition of any Unit or
common element which 's not part of the subject Buil 'ng does not create health and safety
issues for such Buildin seeking a certificate occupancy, and (ii) such Building,
independently, satisfies all c nditions to the issuance f a certificate of occupancy as set forth in
City Code; but, specifically ithout regard to ether the other Building (x) satisfies the
conditions necessary for issuan a of a certifica of occupancy as to such other Building, or
(y) has complied with any appli ble timing quirements under the Agreement, including but
not limited to the time periods set rth in Se ion 3(a), Section 4 of the Agreement and Section 5
of the Agreement.
(h) In accordance with Sec on 7 of the Agreement and the Minimum Assessment
Agreement recorded on June 3, 2016 ' ook 5512, page 785, of the records of the Recorder of
Johnson County, Iowa, the Declarat n inc des an attachment executed by the Redeveloper, the
City and the City Assessor allocat g a portr n of the Minimum Actual Value to each Unit; and,
per said Minimum Assessment greement a obligations therein run with the land and are
binding on the successors and a signs of the R eveloper.
(i) The provisio of Section 306 of e Agreement with respect to the issuance of
certificate of completion the City's agreement Section 306 to provide such certificate of
completion shall apply se ately to the Residential uilding and the Hotel Building such that a
certificate of completio may be issued for either uch Building based on the Minimum
Improvements allocate to such Building pursuant to t 's Second Amendment regardless of the
condition of the oth Building. The failure of eith Building to obtain a certificate of
completion in accord ce with the terms of the Agreement all not be a default by the owner of
the other Building.
(j) Th office component requirements set forth in ection 404 of the Agreement are
solely applicable o the Unit Office and binding upon and enfo ceable against the owner of the
Hotel Building the owner of the Unit Office. The Residen 'al Owner and the Residential
Bir shall ave no obligations with respect to the office comp ent obligations.
(k) An assignment or transfer by the owner of one Buildii which is prohibited under
Article V of he Agreement will not be deemed a default as to the o ner of the other Building.
Wassignmumnen
ent by the Redeveloper of the Residential Building to is a permitted
nder the Agreement. Theassignment by the Redeveloper f the HotelBuilding to
a permitted assignment under the Agreement, and each ass ee shall enjoy all of
d benefits of the Redeveloper under the Agreement.
P) The City's rights and remedies under Article VIII shall app separately as to
(i) the Residential Building and the Residential Owner with respect to the Ninpliance of the
Residential Building and the Residential Owner with the Agreement, and (ii) th otel Building
4
54847973.10
and the Hotel Owner with respect to the compliance of the Hotel Building and the Hotel Owner
with the Agreement. J
3. Mortgagee Notice Address. Section 603 of the Agree ent is amended by
inserting the folio g at the end of such Section "or at the address of holder of the mortgage
as set forth in such m gage if the City has no record of receiving tten notice of any changes
to such address."
4. Section 605. Section 605 of the Agree en rs amended by deleting the last
sentence thereof and by inserti g the following:
Prior to the recordNg of the Certificate Completion provided for in Section 306
of this Agreement d the expirati of the City's right of reversion, if a
mortgagee or subseq nt purchaser ollowing foreclosure or by acceptance of a
deed -in -lieu of foreclos re takes ' le to the Property subject to the obligation to
construct the Minimum prow ments to the Property then, subject to Section
605(b), the City shall not ence or instruct any representative to commence
any judicial proceedings t take any action with respect to the reversionary
interest contained in Secti 3 Grein and/or the Warranty Deed or otherwise take
any action to enforce it inter t in or realize upon, or take any other action
available to it in respec of said r ersionary interest. The City's right of reversion
as set out in in
of the Agre ent and the Warranty Deed shall at all times
be subordinate to junior to the 'ghts of any mortgagee, subject only to the
specific rights of t City, pursuant to ection 605 of the Agreement.
5. Residential Uni ix. Pursuant to Exhibit C-1 attached hereto, the Developer
may adjust the total unit cou , the unit numbers and mix y +/- 5% without City approval and
by +/- 10% with City appro 1. The Developer's current sign adjusts the total unit count, unit
numbers and mix as set fo below, and the City hereby ap oves each of the adjusted design
unit counts and the mix s forth below:
xhibit C-1 Adjusted Design
Unit Type Units Units Variance
1 Beds/ Studios 127 125(38%) -1.57%
2 Beds 149 161(48%) 8.05%
3 Beds 44 46(14%) 4.55%
Total 320 332 3.75%
6. itv Estoppel. The City hereby certifies to the best of its kn%wledge and belief,
that as of the econd Amendment Effective Date, the following is true and c rrect:
(a) The Agreement is in full force and effect and has nod been modified,
amended pplemented, or assigned, except as otherwise described herein. \\\
(b) The City knows of no condition under the Agreement which on tie giving of
notice or the passage of time, or both, would constitute a default under the Agreement by
5
54847973.10
Redeveloper and knows of no claims, defenses or offsets which City has against the
enforcement of this Agreement by Redeveloper.
7. Miscellaneous.
%(a) Except as hereinabove modified and amende , the Agreement shall remain
in full force aa��d effect in accordance with its terms and is herebv tified and confirmed.
(b This Second Amendment supersede any prior representations, offers,
negotiations or un rstandings between the parties with re eci to the subject matter hereof.
(c) 's Second Amendment may signed by the Parties in counterpart and
shall be binding as if si ed together. Facsimile or lectronic copies of the signed counterparts
shall be deemed to be auth tic and valid as an ori nal of this Second Amendment.
[THE REMAINDER OTITHIS PfGE IS INTENTIONALL Y LEFT BLANK;
SIGNOTW PAGES FOLLOW.]
6
54847973.10
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the
SecondAmendment Effective Date set forth above.
CITY:
CITY OF IOWA CITY, JOWA, a municipality
Jim Thr,dgmorton, Mayor
Approved by:
Marian K. Karr, City Clerk
STATE OF IOWA
COUNTY OF JOHNSON
On this _ dTtobe
2016, b ore me a Notary Public in and for said
County, personally appThrogmorton and rian K. Karr, to me personally known,
who being duly sworn,at they are the Mayor nd City Clerk, respectively of the City of
Iowa City, Iowa, a Muorporation, on
and a 'sting under the laws of the State of
Iowa, and that the sealo the foregoing instrument ' the seal of said Municipal
Corporation, and that sment was signed and scale n behalf of said Municipal
Corporation by authorisolutions of its City Council'
ouncil d said Mayor and City Clerk
acknowledged said inso be the free act and deed of sat Municipal Corporation by it
voluntarily executed.
Notary Public in and for%he State of Iowa
Second Amendment to Agreement for Private Redevelopment - Signature
54847973.8
54847973.10
STATE OF ILLINOIS
COUNTY OF COOK
This instrument was
as
54847973.8
54847973.10
REDEVELOPER:
CA STUDENT LIVING
Delaware limited liabilyf,
By:
Name:
Its:
OWA CITY, LLC, a
company
before me on this day of 2016 by
of CA Student Living Iowa City, LLC.
NotaryIZublic in and for the State of Illinois
Second Amendment to Agreement for Private Redevelopment —
EXHIBIT A
Lots 1, 2, 3,and 4, Block 1, County Seat Addition to Iowa City,
recorded plat tNreof recorded in Book 1 and 2, Page 253, Deed
Iowa and the vac ed eastern 150 -feet of the 80 -foot wide Harri,
west of the Linn
easement, in said
54847973.10
right-of-way and south of Lot 4 in
ty Seat Addition to Iowa City, Iow
ow ,according to the
eords of Johnson County,
:)n Street right-of-way located
1, subject to a public access
54847973.10
EXHIBIT C-1
RESIDENTIAL IMPROVEMENTS
Residential Owner hall complete construction of the R
the terms of the IL ent and consisting of a 15 -story
with the Project Desig%(all
submitted by the Red(
(attached to the RedeAgreement as Exhibit
(from Exhibit D of thment Agreement) as
approvals and limitatioapprovals having b�
;sidenti Building in accordance with
sou ower, in substantial conformity
ve per in its February 2015 submittal
-1), with the following components
ry be adjusted in connection with City
obtained):
1. Approximately 320 apartme s and 326 pa ng spaces to be accessed off the alley. It is
understood that such unit num ers may ry by +/- 5% without City approval and by +/-
10% with City approval.
2. The unit mix for the residences sha a as follows: 127 1-bedroom/studio (40%); 149 2-
bedroom (47%) and 44 3-bedre (1 0). It is understood that such unit numbers and
mix may varyby +/- 5% withou ity a\1adscaped
and by +/- 10% with City approval.
3. Amenities shall include a fi ss center, courtyard, a Club room, private and
group study lounges, a roo p pool, suoffee bar and Wi-Fi.
4. The residential portions f the Residential Builds shall be designed and constructed to
LEED Gold standards or higher and any non -re idential portions of the Residential
Building, such as the arking components, shall be esigned and constructed to LEED
Silver standards. e Redeveloper's registered and EED-accredited architect must
certify the point lculation for the project such tha the project is constructed in
accordance with e required LEED standard and said c ification shall be subject to
City's approval 'or to issuance of an occupancy permit. L ED certification, however,
shall not be req 'red. A list of the point calculation based on a tual on-site achievements
will be submi d for City review.
rv::iIWIFAM HO
EXHIBIT C-2
HOTEL IMPROVEMENTS
Hotel 0*�3er shall complete construction of the Hotel Building consiss g of a 14 -story north
tower, m a cordance with the terms of the Agreement and in subst tial conformity with the
Project D .s and Plans submitted by the Redeveloper in its Feb ry 2015 submittal (attached
to the Redevelo erTl Agreement as Exhibit D-1), with the follo ng components (from Exhibit
D of the Redevelo ent Agreement) as may be adjusted in co ection with City approvals and
limitations (all FAA a rovals having been obtained):
1. Approximately 15 hotel rooms, 6,325 square �6t of retail and 25,518 square feet of
Class A office space. It is understood that s ch square footage may vary by +/- 5%
without City approval by +/- 10% with Cij�approval.
2. The hotel flag shall be Hy Place,Hilt Canopy, Hilton Curio, Marriott AC Hotels,
Starwood Aloft, or another h el flag o substantially similar quality approved by City.
The hotel operator shall be thericto Group, Aimbridge Hospitality, First Hospitality
Group, or other operator with subs ially similar credentials approved by the City.
3. The Hotel Building shall be
aspiration to achieve LEE
accredited architect must c
is constructed in accordance
be subject to City's app
certification, however, sh
actual on-site achieveme is
54847973.10
desi ed d constructed to LEED Silver standards, with the
D Go d Stan ds. The Redeveloper's registered and LEED-
erti the point alculation for the project such that the project
ith the requir LEED standard and said certification shall
val prior to iss ance of an occupancy permit. LEED
1 not be required. list of the point calculation based on
will be submitted for 'tv review.
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 16-337
RESOLUTION APPROVING THE BY-LAWS
OF THE IOWA CITY HUMAN RIGHTS COMMISSION.
WHEREAS, the by-laws of the Human Rights Commission have not been updated since 2015;
and
WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions
of the commission by replacing the phrase "men and women" with "persons" to be consistent
with Section 2-2-3 of the Human Rights Ordinance; and
WHEREAS, the Human Rights Commission recommended at their October 18, 2016
Commission meeting to approve the amended by-laws; and
WHEREAS, after review City staff asked that "qualified" electors in Article 4, Section A, be
replaced with "eligible" electors to comply with State Code; and
WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and
are recommended for adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
The by-laws of the Iowa City Human Rights Commission, attached hereto and incorporated by
reference herein, are approved and adopted by the City Council.
Passed and approved this 6th day of December _,2016.
G
M OR
ATTEST. V
C9)6CLERK'
Approved By:
I /- C)s'-
City Attorney's Office
s/by-laws res.doc
12-06
4d(13)
Resolution No. 16-337
Page 2
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION
ARTICLE 7 THE COMMISSION
Section A. The name of this organization is the Iowa City Human Rights Commission, referred to in
these By -Laws as the Commission. The Commission is authorized by the City Council of the City of
Iowa City through Municipal Ordinance Number 03-4105, effective date December 16, 2003.
ARTICLE 2 PURPOSE
Section A. As stated in Section 2-1-2 of the City Code.
Section B. The purpose of the Commission is to provide for execution within the City of Iowa City, the
policies of the Iowa Civil Rights Act of 1965 and the Federal Civil Rights Act. The Commission also
promotes cooperation between the City of Iowa City and the State and Federal agencies enforcing these
acts.
ARTICLE 3 DUTIES
Section A. Duties of the Commission shall include: 1) disseminate information, educate the public on
illegal discrimination and civil rights, and provide the enforcement necessary to further the goals of Title 2
of the City Code; 2) cooperate within the limits of any appropriations made for its operation, with other
agencies or organizations, both public and private, whose purposes are not inconsistent with those of
Title 2 of the City Code; 3) plan and conduct programs designed to eliminate racial, religious, cultural and
other intergroup tensions; and 4) educate the public on illegal discrimination.
ARTICLE 4 MEMBERSHIP
Section A. The Iowa City Human Rights Commission shall consist of nine (9) members, appointed by
vote of the City Council. All members shall be eligible electors of the City of Iowa City, Iowa, and shall
serve as such without compensation but shall be entitled to the necessary expenses, including traveling
expenses incurred in the discharge of their duties.
Section B. Appointments shall take into consideration persons of the various racial, religious, cultural,
social and economic groups in the City.
Section C. Members shall serve for a term of three (3) years and thereafter until a successor has
been appointed.
Section D. Orientation for members, including functions, duties and responsibilities, shall be
conducted by the staff assigned to the Commission.
Section E. Commissioners are expected to attend twelve (12) regularly scheduled monthly meetings
during the calendar year. The Chairperson or Human Rights Coordinator shall be notified of an absence
prior to any meeting.
Section F. Three (3) consecutive, unexplained absences of a member from regular meetings shall
result in a recommendation to the City Council from the Commission to discharge said member and
appoint a new member.
11Page
Section G. Four unexplained (4) absences in a 12 month period shall result in a recommendation to
the City Council from the Commission to discharge said member and appoint a new member.
Section H. If a position becomes vacant by reason of resignation or otherwise and results in an
unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner
that the appointee shall continue in the position not only through the unexpired term but also through
subsequent regular term.
ARTICLE 5OFFICERS
Section A. The Commission shall have three (3) officers: Chairperson, Vice Chairperson and
Secretary.
Section B. Officers shall perform the duties set forth in these by-laws.
Section C. The Chairperson and Vice -Chairperson shall be elected from the Commission's
membership at its regular January meeting for a one (1) year term.
Section D. The Secretary shall be selected at the January meeting for a one (1) year term. The
Secretary may, but need not be, a Commissioner.
Section E. The Commission shall fill vacancies among its officers for the remainder of an unexpired
term.
Section F. Chairperson. The Chairperson, when present, shall preside at all meetings of the
Commission, appoint committees, and in general, perform all duties incident to the office of the
Chairperson and such other duties as may be prescribed by the members from time to time.
Section G. Vice -Chairperson. In the absence of the Chairperson or in the event of his/her death or
inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
Section H. Secretary. The Secretary shall be responsible for keeping the official minutes of the
Commission, filing the minutes and official documents and such other duties as may be prescribed by
the members from time to time.
ARTICLE 6 MEETINGS
Section A. At least one (1) regular meeting shall be held each month.
Section B. The Chairperson, Vice Chairperson, or any three (3) Commissioners may call a special
meeting.
Section C. Meetings shall be held in an accessible, public meeting place. Notices of meetings
(agenda) for all regular and special meetings shall be posted and distributed to members and the media
at least 24 hours before any meeting is held. All provisions of the State Open Meeting Law shall be
followed. The Chairperson or a designated representative, together with appropriate members of the
City staff shall prepare an agenda for all meetings.
21Page
Section D. Commission officers shall set the agenda provided Commissioner suggestions
are considered.
Section E. A quorum shall consist of five (5) Commissioners. A majority of present and
voting members shall be necessary to pass a motion. The Chairperson shall vote as a
member.
Section F. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern
the Commission in all cases to which they are applicable and in which they are not inconsistent with
these bylaws and any special rules or order the Commission may adopt.
Section G. No formal action shall be taken on items not on the agenda.
Section H. Time shall be made available during all regular meetings for public comment on items
not on the agenda. Commentators shall address the Commission for no more than 5 minutes.
Commissioners shall not engage in discussion with the public concerning said items.
Section I. Time shall be made available during all regular meetings for Commissioner reports of
items not on the agenda. Commissioners shall not engage in discussion with one another
concerning said reports.
Section J. The Commission's Secretary and/or designee shall record all activities and statements
made at Commission meetings, hereafter known as minutes of the meeting. All Commission
records shall be public except those excluded pursuant to Iowa Code, Chapter 22; City Code,
Section 2-2-4.
ARTICLE 7 SUBCOMMITTEES
Section A. Formation of subcommittees shall be by majority vote of the Commission in whatever
subject area, or whatever number of committees, is deemed necessary. The committee(s) shall
consist of no more than four members.
ARTICLE S AMENDMENTS
Section A. The By -Laws can be amended at any regular Commission meeting by a majority vote,
provided that the amendment has been submitted in writing to the Commission three (3) days prior
to the meeting at which it is to be acted upon and such amendment is not in conflict with the Human
Rights Ordinance, as amended.
3 1 P a g e
N d 00
Prepared by: Mary Niichel-Hegwood, Purchasing Agent, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5078
RESOLUTION NO. 16-338
RESOLUTION AUTHORIZING TWO ONE-YEAR RENEWALS OF THE
CONTRACT FOR EVENT MANAGEMENT SERVICES
WHEREAS, a Request for Proposal was put out to solicit event management services for the City
of Iowa City's Terry Trueblood Recreation Area and Ned Ashton House in 2013; and
WHEREAS, the evaluation committee selected The Avacentre in 2013; and
WHEREAS, the initial term of this contract was for one year, with an option to renew for four
additional one-year periods upon mutual consent of the City and The Avacentre; and
WHEREAS, the contract has the option to renew for two additional one-year periods, and the City
and The Avacentre wish to renew the contract for an additional 1 year, as well as exercise the
option to renew the contract for the final year of the contract upon mutual agreement of both
parties;
WHEREAS, the City expects to expend approximately $60,000 per year, making the total amount
of the contract approximately $270,000;
WHEREAS, funds for this purchase are available under the line item for Event Management
Services, with 70% being paid from Terry Trueblood Recreation Area (10530241 - 432080) and
30% from Ned Ashton House (10530203 - 432080) in the operating budget for the Parks and
Recreation Department; 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 is approved.
2. The City Manager is authorized to take whatever steps are necessary to effectuate the
renewal.
Passed and approved this 6th day of December _,20 16
M AWOR
\ \ Approved by
ATTEST: V� e �� %l��
CI LERK City Attorney's Off e
Resolution No. 16-338
Page 2
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
r �'-TRrW
-So CITY OF IOWA CITY 4d(14)
MEMORANDUM -
Date:
November 29, 2016
To:
Dennis Bockenstedt, Finance Director
From:
Mary Niichel-Hegwood, Purchasing Agent.
Re:
Contract Renewal for Event Management Services
Background
In June of 2013, a Request for Proposal for Event Management Services for Terry Trueblood
Recreation Area Lodge and Ned Ashton House was issued for the City's Parks and Recreation
Department. After receiving one proposal and performing a thorough evaluation process, the
City awarded the contract to The Avacentre.
Financial Impact
The original contract term for the Event Management Services contract was for one year with the
option to renew for four additional one-year periods. With the contract approaching its fourth
year, the City's Parks and Recreation Department is requesting to exercise the option to
renew for two additional one-year periods.
For this upcoming renewal, the proposed monthly pricing of $4,500 includes a Reservation
Specialist fee of $1,200, and an Event Coordinator fee of $2,300 for Terry Trueblood Recreation
Lodge and $1,000 for Ned Ashton House. In addition, Avacentre had requested a cell phone
stipend of $31.50 per month to coordinate reservations and site visits, and a $15.00 per hour
fee when extra staffing is needed for events.
Based on proposed pricing for the upcoming contract renewal period, the Parks and Recreation
Department expects to expend approximately $60,000 per year in the final two years of the
contract, making the total cost of the contract approximately $270,000. The funds for this contract
are available in the Parks and Recreation Department's operating budget, under the line item for
Event Management Services, with 70% being paid from Terry Trueblood Recreation Area
(10530241 - 432080) and 30% from Ned Ashton House (10530203 - 432080).
Recommendation
The Parks and Recreation Department recommends renewing the Event Management Services
contract with The Avacentre for the fourth year of the contract extending the contract term to
November 27, 2017. The Department requests that Council approve the contract renewal for
year 4, with the option to renew for year 5 if the Parks and Recreation chooses to do so. The
contract renewal for year 5 would extend the contract to November 27, 2018.
Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5053
RESOLUTION NO. 16-339
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
SPEER FINANCIAL FOR FINANCIAL ADVISORY SERVICES.
WHEREAS, the City utilizes financial advisory services to assist with the issuance of general
obligation and revenue bonds, compliance with continuing disclosure obligations, utility fund cash
flow analysis, and other related services; and
WHEREAS, a Request for Proposal (RFP) was issued to procure financial advisory services; and
WHEREAS, multiple proposals were received in response to the City's RFP; and
WHEREAS, the firms were interviewed and evaluated by staff members from the Finance
Department with expertise, resulting in an award to Speer Financial, who met the City's
requirements; and
WHEREAS, City policy requires City Council to approval professional service contracts over
$60,000; and
WHEREAS, a portion of each bond issue is designated to fund financial advisory services related
to the issuance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The City Manager is authorized to enter agreements as approved by the City Attorney for financial
advisory services by Speer Financial.
Passed and approved this 6th day of December 20 16
e--��
MOYOR
\ , A roved
ATTEST:
C LERK City Attorney's Office
Resolution No. 16-339
Page 2
It was moved by Botchwav and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
FINANCIAL SERVICES AGREEMENT
(Revised on November 23, 2016)
THIS FINANCIAL SERVICES AGREEMENT (the "Agreement") between the City of Iowa
City, Iowa ("Client") and Speer Financial, Inc. Chicago, Illinois ("Speer") is entered into as of the date of
execution (the "Effective Date").
WHEREAS, Speer is a consulting firm specializing in municipal finance related matters (the
"Business");
WHEREAS, Client desires to retain the services of Speer to provide certain services relative to
the Business and Speer wishes to provide such services to Client;
WHEREAS, Client is a Municipal Entity and Speer is a Municipal Advisor as such terms are
defined within the Securities Exchange Act of 1934, as amended; and
NOW THEREFORE, the parties agree as follows:
1. Services.
(a) Municipal Advisor Services. Speer agrees to provide certain services to Client as a
Municipal Advisor ("Municipal Advisor Services") upon receipt of a request from Client for such
services ("Project Request"). Speer may provide any or all of the Municipal Advisor Services set forth
on Exhibit A hereto, or as otherwise may be requested by Client from time to time. Upon the receipt of a
Project Request for Municipal Advisor Services, Speer and Client shall determine a mutually agreed
upon scope of Speer's engagement to provide such services ("Municipal Advisor Engagement"). Any
agreement related to the Municipal Advisor Engagement shall be memorialized by way of an engagement
letter issued by Speer to Client ("Engagement Letter"). Any such Engagement Letter shall contain a
description of the subject matter of the financing to be completed (the "Project") as well as the list of
Municipal Advisor Services to be provided by Speer in connection with such Project to the extent that
the Municipal Advisor Services to be provided by Speer in connection with the Project shall differ from
those contained with Exhibit A hereto. Client agrees and acknowledges that in no event shall this
Agreement be construed as having authorized Speer to commence a Municipal Advisor Engagement
absent the parties' acknowledgement of a corresponding Engagement Letter.
(b) Authorization. Client hereby authorizes its Finance Director to discuss with Speer the
terms of any Engagement Letter, and authorizes Finance Director to acknowledge any such Engagement
Letter on behalf of Client, as well as any additional disclosures of Speer that may be contained therein.
2. Term.
(a) The Agreement. The initial term of this Agreement shall be for three (3) years. Fees and
costs specified in the proposal will remain firm for the initial period of this. The contract period will
commence on the date specified on the contract purchase order.
(b) be Municipal Advisor Engagement. Once effective, a Municipal Advisor Engagement
shall remain in effect until the earlier of (i) the Project is completed and Speer has received compensation
for its services, or (ii) the Municipal Advisor Engagement is terminated by either party upon (30) days
prior written notice to the other party. In the event that any Municipal Advisor Engagement is terminated
prior to the completion of the Project, Speer reserves the right to assess fees for any work performed
pursuant to any then outstanding Engagement Letter based upon the actual hours spent on the Project by
Speer.
3. Compensation. As compensation for Speer's provision of Municipal Advisor Services, Speer
shall receive a fee in accordance with Exhibit B attached hereto and incorporated herein by reference,
unless otherwise agreed to by the parties in writing. Client shall be responsible for all reasonable out-of-
pocket expenses incurred by Speer relative to any Municipal Advisor Engagement, including, but not
limited to, internet bidding fees, good faith deposit bank fees, delivery charges (postage, express mail,
fax services), publication/printing fees (printing of official statements, notices of sale, bid forms, report
duplication, and securities) CUSIP fees, registration/paying agent fees, and other transaction costs. Out-
of-pocket expenses may include payments to Speer for verification, internet sale administration, and
SLG -application services. Speer shall not be liable for professional fees or other securities related costs,
including, but not limited to, professional services (attorney, bond counsel, architect, verification agent,
engineer and auditor services), and credit enhancements (e.g., rating, insurance and letters of credit).
Any travel or lodging expenses shall be approved by the City in advance.
4. Billing Statement. Client will receive an invoice from Speer for the Municipal Advisor Services
provided in connection with any Municipal Advisor Engagement and upon the terms and conditions
contained within the corresponding Engagement Letter.
5. Representations of Client. MSRB Rules, in particular Rule G-42, require that Speer make a
reasonable inquiry as to the facts that are relevant to the Client's determination whether to proceed with a
course of action or that form the basis for any advice provided by Speer to the Client. MSRB Rule G42
also requires that Speer undertake a reasonable investigation to determine that it is not basing any
recommendation on materially inaccurate and incomplete information. Speer is also required to use
reasonable diligence to know the essential facts about the Client and the authority of each person acting
on the Client's behalf.
As such, the Client represents and warrants that it will cooperate, and cause its agents to
cooperate, with Speer in carrying out these regulatory duties, including providing to Speer accurate and
complete information and reasonable access to relevant documents, other information and personnel
needed to fulfill such duties and to not intentionally omit any material information relevant to Speer's
provision of services. In addition, to the extent the Client seeks to have Speer provide advice with regard
to any recommendation made by a third party, the Client shall provide Speer written direction to do so as
well as any information it has received from such third party relating to its recommendation.
6. Integration and Amendment. The following documents are hereby incorporated into this
Agreement by this reference, in order of precedence: RFP #1743 for Consulting Services for Financial
Advisory Services for the City of Iowa City, Speer's Proposal, and any subsequent written language
agreed upon by the parties. This Agreement constitutes and expresses the entire agreement of the parties
with respect to the subject matter hereof. No amendments to or alterations or variations of this
Agreement shall be valid unless made in writing and signed by the parties.
7. Governing Law. This Agreement shall be governed by the laws of the State of Iowa without
regard to its choice of law principles. Any suit or legal proceeding brought pursuant to or otherwise
arising out of this Agreement or the performance thereof will be brought solely in Johnson County, Iowa.
8. Dodd -Frank Compliance. Speer is a registered municipal advisor in good standing with both
the SEC (#867-00043) and the MSRB ^0162).
9. Required Disclosures. Client acknowledges that it has received the disclosures set forth in
Exhibit C attached hereto and incorporated herein by reference. Client further acknowledges that it has
been given the opportunity to raise questions and discuss such disclosures with Speer and independent
counsel and that it fully appreciates the nature of such disclosures and any and all conflicts noted therein.
Client hereby waives all such conflicts and authorizes Speer to provide services pursuant to any
Municipal Advisor Engagement and in accordance with this Agreement. From time to time, Speer may
provide additional disclosures to Client. In this regard, Client hereby authorizes its Finance Director to
acknowledge any such additional disclosures on behalf of Client.
10. Counterparts. This Agreement may be executed in any number of counterparts via facsimile or
other electronic transmission, each of which will be deemed an original, and all of which together will
constitute one and the same instrument.
11. Headings. All headings or captions used herein are for the convenience of reference only and
shall not affect the meaning, construction or interpretation of this Agreement.
IN WiINESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their
respective representatives as of the date first written above.
CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
By:
Name: Geoff Fruin
Title: City Manager
Date: December 6, 2016
</ -
SPEER FINANCIAL, INC.
By: CcO w
Name: Maggie urger
Title: Sr. Vice President
Date: November 23, 2016
EXHIBIT A
MUNICIPAL ADVISOR SERVICES
Speer provides a wide range of Municipal Advisory Services to its Clients, which will depend upon the
scope of Speer's engagement, and the type of securities issuance and/or project to be completed.
PRE -ISSUANCE & ISSUANCE SERVICES
A. Financial Planning Services
In preparation of an issuance of securities, Speer's services may consist of some or all of the following:
(1) Orientation. Reviewing our Clients' current financial position, statutory authority, and
financing capabilities, including whether a refunding or defeasance of any outstanding debt is
appropriate.
(2) Coordination. Coordinating financial planning and issuance details with our Clients' staff, bond
counsel, printers, rating agencies and other transaction participants.
(3) Consultation. Consulting with the elected and key appointed officials and staff regarding the
various phases of the development and implementation of a financing plan.
(4) Public Relations. Responding to inquiries from the general public or news media relating to
municipal issuance related matters.
(5) Planning. Developing a debt financing plan that includes all or some of the following:
a. Maturity Schedules. Alternative maturity schedules relating to the financing. These
schedules may "wrap" around existing debt to provide stable tax rates, level debt
services payments, or meet other policy or cash flow requirements as may be requested
by our Clients.
b. Market Receptivity. An evaluation of potential market receptivity for each debt issuance
and recommend the most suitable sale option.
c. Tax Law. An evaluation of the ramifications of Federal tax law, or as set forth by bond
counsel, on the financing plan to maximize any cost savings that may be available to the
Client.
d. Security Registrar and Paving Agent. A comparison of security registrar and/or paying
agent fees and make recommendations for the selection of such parties based upon our
Clients' selection criteria.
C. Credit Rating and/or Insurance. A costs and benefits analysis regarding whether to
obtain any available credit enhancements and/or a credit rating(s). Speer shall
recommend a course of action based upon its evaluation of such analysis.
f Competitive and Negotiated Sale of Debt Securities. An analysis and corresponding
recommendation regarding the method of sale to be used in connection with the
financing plan.
g. Financing Timeline. A tentative financing timeline to guide officials regarding the
timing of various aspects of the financing plan.
A-1
B. Competitive Sale Services
To facilitate the competitive sale of the Client's securities issuance, Speer's services may include any or
all of the following:
(1) Authorizing Resolutions/Ordinances. Assist our Client's attorney and/or bond counsel with
regard to the financial provisions to be included within the Client's authorizing
resolutions/ordinances relative to the securities issuance.
(2) Credit Rating and/or Insurance. When applying for a credit rating and/or bond issuance,
Speer will submit the necessary data and documents to the appropriate entities, and arrange for
the presentation of materials to the selected credit rating agency and/or insurance company(ies).
(3) Official Statement, Notice of Sale and Bid Form.
a. Preparation of Documents. Prepare a preliminary Official Statement, Term Sheet,
Statement of Facts or Limited Offering Memorandum (each a, "Disclosure Document"),
Notice of Sale and Bid Form. Following the award of the securities, Speer shall prepare
the final Disclosure Document corresponding to the Project. The Disclosure Document
will describe the securities being issued and will contain detailed information provided
by the Client and bond counsel as is necessary to permit prospective purchasers to make
intelligent judgments.
b. Notice of Sale Publication. Notify prospective purchasers of the sale without cost to the
Client and prepare, as necessary, a Notice of Sale.
c. Encouragement to Bidders. Circulate the preliminary Disclosure Document to our
appropriate list of potential purchasers, including, investment institutions, banks and
underwriters, to solicit bids from such firms for the Clients' securities. Make contact
with underwriters to induce formation of bidding groups and, generally, undertake these
activities in order to generate bids. Provide copies of the preliminary Disclosure
Document and Official Bid Forms, as applicable, for each sale to our Clients for
distribution to local banks and elected officials.
d. Bid Opening. Analysis and Recommendations. Conduct each sale, examine the bids
submitted for completeness and compliance with the applicable bidding requirements,
evaluate the bids for accuracy, and recommend a proposed course of action relative
thereto.
(4) Preparation, Registration and Delivery of Securities. Conduct all necessary undertakings in
order to complete the financing, including, monitoring the preparation, registration and delivery
of the securities being issued.
(5) Debt Service Schedule. Provide the Client with a final debt service schedule and other
materials pertinent to the securities sale.
A-2
C. Negotiated Sale Services
To facilitate the sale of the Client's securities issuance, Speer's services may include any or all of the
following:
(1) Authorizing Resolutions/Ordinances. Assist our Client's attorney and/or bond counsel with
regard to the financial provisions to be included within the Client's authorizing
resolutions/ordinances relative to the securities issuance.
(2) Credit Rating and/or Insurance. When applying for a credit rating and/or bond insurance,
Speer will submit the necessary data and documents to the appropriate entities, and arrange for
the presentation of materials to the selected credit rating agency(ies) and/or insurance
company(ies).
(3) Official Statement & Proposals.
a. Preparation of Documents. Prepare or assist in the preparation of a preliminary
Disclosure Document, Request for Proposals (RFP) or Request for Qualifications (RFQ),
and, following the award of the securities, the final Disclosure Document.
b. Proposal Analysis and Recommendations. Review and examine the proposals submitted
for completeness and compliance with the applicable RFP/RFQ requirements, evaluate
the proposals for accuracy, and recommend a proposed course of action relative to the
proposals received.
(4) Negotiation of Terms. Negotiate with the selected underwriter(s)/purchaser(s) relative to
interest rates, terms and conditions of the securities issuance.
(5) Preparation, Registration and Delivery of Securities. Conduct all necessary undertakings in
order to complete the financing, including, monitoring the preparation, registration and delivery
of the securities being issued.
(6) Debt Service Schedule. Provide the Client with a final debt service schedule and other
materials pertinent to the securities sale.
D. Private Placement Bank Loan Services
To facilitate the sale of the Client's securities issuance/loan, Speer's services may include any or all of
the following:
(1) Authorizing Resolutions/Ordinances. Assist the Client's attorney and/or bond counsel with
regard to the financial provisions to be included within the Client's authorizing
resolutions/ordinances relative to the securities issuance.
(2) Official Statement/Term Sheet or Limited Offering Memorandum & Proposals.
a. Preparation of Documents. Prepare or assist in the preparation of a preliminary
Disclosure Document, Request for Proposals (RFP) or Request for Qualifications (RFQ),
and, following the award of the securities, the final Disclosure Document.
A-3
b. Proposal Analysis and Recommendations. Review and examine the proposals submitted
for completeness and compliance with the applicable RFP/RFQ requirements, evaluate
the proposals for accuracy, and recommend a proposed course of action relative to the
proposals received.
(3) Advise on Financing Terms. Advise the Client on the terms of the financing including the
interest rate offered and the covenants required by the intended purchaser.
(4) Preparation, Registration and Delivery of Securities. Conduct all necessary undertakings in
order to complete the financing, including, monitoring the preparation, registration and delivery
of the securities being issued.
(5) Debt Service Schedule. Provide the Client with a final debt service schedule and other
materials pertinent to the securities sale.
Speer will always serve as municipal advisor to the Client and as such will not specifically identify
investors/purchasers in a securities offering or negotiate specific terms with the investor/purchaser of
the Client's securities. Speer will not negotiate terms to directly place an issuance of securities with an
investor. Any investors contacted or solicited will be identified by the Client and contacted on behalf of
the Client.
POST -ISSUANCE AND NON -ISSUANCE RELATED SERVICES
A. Coutinuine Disclosure Services
Following most securities issuances, municipal entities will have certain continuing disclosure
obligations, which require issuers to prepare and file an "Annual Financial Update". Information
contained in any such Annual Financial Update shall be the type required in subsection (b)(5)(i)(A) of
Securities and Exchange Commission Rule 15c2-12 (Rule 15c2-12). In connection with any such Annual
Financial Update, Speer is available to provide any or all of the following services:
(1) Annual Financial Update. Compile necessary information relative to and from the Client and,
thereafter, prepare the Annual Financial Update for filing with the Municipal Securities
Rulemaking Board's Electronic Municipal Market Access (EMMA) data repository.
(2) Dissemination Agent. File with EMMA the Annual Financial Update on behalf of our Clients.
(3) Material Events Notice. Upon receiving notice and direction from Client with respect to any
events that may be considered a material event for purposes of Rule 15c2-12, prepare and file
with EMMA a Material Events Notice.
(4) Disclosure Review. Review prior disclosures to ensure compliance with any then applicable
rules and regulations. Following any such review in which potential disclosure violations are
discovered, Speer will provide the Client with a recommendation relative to remedying any such
violations, and, upon request of the Client, prepare and file any necessary supplementary
disclosures with EMMA in order to remedy any such violation.
A-4
B. Non -Issuance Consulting Services
Certain Municipal Advisory Services which may not result in the issuance of indebtedness are
occasionally needed by the Client. Speer is available to provide such services, which may include any or
all of the following:
(1) Rate Studies;
(2) Tables and schedules for Client's audit;
(3) Client internal financial analyses unrelated to municipal securities;
(4) Referendum consulting services;
(5) Parity or Coverage Certificates;
(6) Tax Increment Financing (TIF) Analysis/Reporting;
(7) State Revolving Fund (SRF) Consulting; and
(8) Moody's Scorecard Analysis.
IW
EXHIBIT B
FEE SCHEDULE
A. Pre -Issuance & Issuance Services
Fees in connection with any Pre -Issuance and Issuance Services rendered, regardless of sale method,
shall be based upon the par amount of the securities issued, calculated as follows:
Financial Advisory Services: $10,000 plus 1/10 of 1% of the
municipal securities issued in excess of
$1,000,000.
Fee Caps: Issuances up to $10 million in size will
be capped at $18,000 per issue.
Issuances above $10 million in size will
be capped at $23,000 per issue.
Further discounting of fees may be warranted based on the number of issues sold on the
same day, as well as Speer Financials role in preparation of the Official Statement if
Disclosure Counsel is retained by the Issuer. Further discounts or fee caps would be
acknowledged in the engagement letter at the time of each new engagement.
Except as otherwise provided in this Agreement, Pre -Issuance and Issuance Services fees shall be
contingent on the sale of the Client's securities.
B. Post -Issuance Services
Fees in connection with any Post -Issuance Municipal Advisor Services rendered shall be provided at the
following hourly rates:
Municipal Advisor Personnel: $95/hour
Administrative Personnel: $50/hour
Speer will also charge $100 for each filing made by it in accordance with SEC Rule 15c2-12, including
any filing made with the Municipal Securities Rulemaking Board's Electronic Municipal Market Access
(EMMA) system. Notwithstanding the foregoing, fees incurred by Client for Post -Issuance Municipal
Advisor Services shall be capped at $1,000 calendar year.
C. Non -Issuance Services
Fees in connection with any Non -Issuance Services rendered shall be provided at the following not to
exceed hourly rates:
Municipal Advisor Personnel: $100/hour
Administrative Personnel: $501hour
Notwithstanding anything to the contrary contained in this Exhibit B, fees for any services provided
pursuant to this Agreement shall not include out-of-pocket expenditures as described more fully under
Section 3 of this Agreement.
IN
EXHIBIT C
REQUIRED DISCLOSURES
1. DISCLOSURE OF CONFLICTS OF INTEREST
A. Various Forms of Compensation
The Municipal Securities Rulemaking Board (MSRB) requires us, as your municipal advisor, to provide
written disclosure to you about the actual or potential conflicts of interest presented by various forms of
compensation. We must provide this disclosure unless you have required that a particular form of
compensation be used. You should select a form of compensation that best meets your needs and the
agreed upon scope of services.
The forms of compensation for municipal advisors vary according to the nature of the engagement and
requirements of the Client, among other factors. Various forms of compensation present actual or
potential conflicts of interest because they may create an incentive for an advisor to recommend one
course of action over another if it is more beneficial to the advisor to do so. This document discusses
various forms of compensation and the timing of payments to the advisor.
Fixed fee. Under a fixed fee form of compensation, the municipal advisor is paid a fixed amount
established at the outset of the transaction. The amount is usually based upon an analysis by the Client
and the advisor of, among other things, the expected duration and complexity of the transaction and the
agreed-upon scope of work that the advisor will perform. This form of compensation presents a potential
conflict of interest because, if the transaction requires more work than originally contemplated, the
advisor may suffer a loss. Thus, the advisor may recommend less time-consuming alternatives, or fail to
do a thorough analysis of alternatives. There may be additional conflicts of interest if the municipal
advisor's fee is contingent upon the successful completion of a financing, as described below.
Hourly fee. Under an hourly fee form of compensation, the municipal advisor is paid an amount equal to
the number of hours worked by the advisor times an agreed-upon hourly billing rate. This form of
compensation presents a potential conflict of interest if the Client and the advisor do not agree on a
reasonable maximum amount at the outset of the engagement, because the advisor does not have a
financial incentive to recommend alternatives that would result in fewer hours worked. In some cases, an
hourly fee may be applied against a retainer (e.g., a retainer payable monthly), in which case it is payable
whether or not a financing closes. Alternatively, it may be contingent upon the successful completion of
a financing, in which case there may be additional conflicts of interest, as described below.
Fee contingent upon the completion of a financing or other transaction. Under a contingent fee
form of compensation, payment of an advisor's fee is dependent upon the successful completion of a
financing or other transaction. Although this form of compensation may be customary for the Client, it
presents a conflict because the advisor may have an incentive to recommend unnecessary financings or
financings that are disadvantageous to the Client. For example, when facts or circumstances arise that
could cause the financing or other transaction to be delayed or fail to close, an advisor may have an
incentive to discourage a full consideration of such facts and circumstances, or to discourage
consideration of alternatives that may result in the cancellation of the financing or other transaction.
C-1
Fee paid under a retainer agreement. Under a retainer agreement, fees are paid to a municipal advisor
periodically (e.g., monthly) and are not contingent upon the completion of a financing or other
transaction. Fees paid under a retainer agreement may be calculated on a fixed fee basis (e.g., a fixed fee
per month regardless of the number of hours worked) or an hourly basis (e.g., a minimum monthly
payment, with additional amounts payable if a certain number of hours worked is exceeded). A retainer
agreement does not present the conflicts associated with a contingent fee arrangement (described above).
Nee based upon principal or notional amount and term of transaction. Under this form of
compensation, the municipal advisor's fee is based upon a percentage of the principal amount of an issue
of securities (e.g., bonds) or, in the case of a derivative, the present value of or notional amount and term
of the derivative. This form of compensation presents a conflict of interest because the advisor may have
an incentive to advise the Client to increase the size of the securities issue or modify the derivative for
the purpose of increasing the advisor's compensation.
B. Other Material Conflicts of Interest
The MSRB requires us, as your municipal advisor, to provide written disclosure to you about material
conflicts of interest. The following represent Speer material conflicts of interest known to Speer as of
the date of this Representation Letter.
As of the date of this Municipal Advisory Relationship, Speer is unaware of any material conflicts of
interest.
2. DISCLOSURE OF LEGAL EVENTS AND DISCIPLINARY ACTION
The MSRB requires us, as your municipal advisor, to provide written disclosure to you of any legal or
disciplinary events material to your evaluation of Speer or the integrity of Speer's management or
advisory personnel.
Material Legal or Disciplinary Event. There are no legal or disciplinary events that are material to the
Client's evaluation of Speer or the integrity of Speer's management or advisory personnel disclosed, or
that should be disclosed, on any Form MA or Form MA -I filed with the SEC.
How to Access Form MA and Form MA -I Filings. Speer's most recent form MA and each most recent
Form MA -I filed with the SEC are available on the SEC's EDGAR system at:
http://www.sec.izov/cgi-bin/browse-edgar?action=getcompanv&CIK=0001606944
Most Recent Change in Legal or Disciplinary Event Disclosure. Speer has not made any material
legal or disciplinary event disclosures on Form MA or any form MA -I filed with the SEC.
3. Future Disclosures
As required by MSRB Rule G42, the Required Disclosures found in this Exhibit B may be supplemented
or amended, from time to time as needed, to reflect changed circumstances resulting in new conflicts of
interest or changes in conflicts of interest described above, or to provide updated information with regard
to any legal or disciplinary events of Speer. Speer will provide the Client with any such supplemental or
amended information as it becomes available through the term of the Municipal Advisory Relationship.
C-2
r--�I~•por CITY OF IOWA CITY j 4d�(1
��'10� MEMORANDUM
Date: November 20, 2016
To: Geoff Fruin, City Manager
From: Dennis Bockenstedt, Finance Director
Re: Contract for Financial Advisory Services
Introduction
The proposed Resolution will approve a financial advisory services contract with Speer Financial.
Financial advisory services include assistance with the issuance of general obligation and revenue bonds,
utility fund cash flow analysis, complying with continuing disclosure obligations, and other related
services.
Background
The City has been operating under a financial advisory services contract with Public Financial
Management that was issued in August 1985. Since that time, there have been many changes in
municipal bond finance including increased oversight from the Internal Revenue Service and the
Securities and Exchange Commission. The City has also issued new policies for Debt Management,
Bond Disclosure, and Post -Issuance Compliance. In September 2016, the Purchasing Division issued a
Request for Proposals for Financial Advisory Services. Five proposals were received and evaluated by
staff from the Finance Department.
Discussion of Solution
The Finance Department interviewed and evaluated all five of the firms that submitted proposals to
provide financial advisory services to the City. The firms were evaluated on experience, qualifications
and personnel, references, and cost. Speer Financial received the highest score and is being
recommended to receive the award. The proposed contract is for an initial three-year term with the option
to renew for one additional three-year term.
Financial Impact
Over the first three years of this contract, we expect to expend approximately $18,000 to $23,000 per bond
issue plus expenses. We estimate that the City will issue six new and refunding bond issues over the next
three years for an estimated total cost of $135,000. Funding for the financial advisory contract comes from
a portion of each bond issue that has been designated for bond issuance costs and represents an estimated
0.23% of the total bond amount.
Recommendation
The staff recommendation is to approve the Resolution to enter into an agreement with Speer Financial
for financial advisory services.
qrl (I(v)
Mary Niichel-Hegwood, Purchasing Agent, 410 E. Washington, Iowa City, IA 52240, (319) 356-5078
RESOLUTION NO. 16-340
RESOLUTION APPROVING AND ADOPTING THE NEW PURCHASING MANUAL FOR
CITY PROCUREMENT
WHEREAS, the Iowa City Purchasing Manual was last updated September 16, 2014; and
WHEREAS, personnel from the City's Finance, City's Public Works, City Attorney and City staff
have worked together to revise the Purchasing Manual, which staff believes will create a more
concise document, while ensuring a competitive and fair environment for all parties, as well as
appropriate accountability and minimizing of future procurement risk for the City; and
WHEREAS, the new Purchasing Manual has been modified to include the previously adopted
Wage Theft Policy (Resolution No. 15-364, November 10, 2015) and the delegation of
signature authority to the City Manager for documents related to insurance coverage
(Resolution 15-301, October 6, 2015); and
WHEREAS, the new Purchasing Manual has been modified to include a new section for policies
and procedures for Public Improvements;
WHEREAS, it is in the best interest of the City to approve and adopt this Resolution, and this
new Purchasing Manual.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the attached new Purchasing Manual is hereby approved and adopted.
2. The City Manager is authorized to approve non -substantive changes to the Purchasing
Manual in writing.
Passed and approved this 6th day of December 2016.
L
tl MAYOR
Approved by ATTEST:
II 2 t /(C LERK
City Attorney' O ice
Resolution No. 16-340
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
ickens
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
the
PURCHASING POLICY
MANUAL
H�E
CITY OF IOWA CITY
Last revised: November 14, 2016
TABLE OF CONTENTS
SECTION I INTRODUCTION
Purpose Page 2
Authority to Purchase Page 2-3
Employee Responsibility Page 3
SECTION II STANDARD PROCUREMENT PROCEDURES
Minimum Solicitation Requirements Page 4
Limits Page 4
Methods Page 4-5
Advertising Public Bids and Request for Proposals
City of Iowa City Website Page 5
SECTION III EXCEPTIONS TO STANDARD PROCUREMENT
PROCEDURES
Public Improvements
Page 6
Professional and Technical Services
Page 6
Lease of Real Property or Rental of Equipment from
Another Party for More than One Year
Page 6-7
Information Technology Purchase Procedures
Page 7
Department of Transportation Rock Salt Contract
Page 7
Travel and Training
Page 7
Utilities/Franchise Agreements
Page 8
Economic Development Grants/Aid to Agencies
Page 8
Emergency Purchases
Page 8
Sole Source
Page 8
Cooperative Purchasing
Page 9
Non -Profit Job Training
Page 9
Contracts with Other Government Entities
Page 9
SECTION IV LEGAL REQUIREMENTS
Gratuities/Gift Law
Page 10
Prohibited Interest in Public Contracts Policy
Page 10
Wage Theft Policy
Page 10-11
Local Preference
Page 11
State and Federal Funding
Page 11
Donated Funds
Page 11
Professional and Technical Service Contracts
Page 11
Record Retention
Page 12
Public Record
Page 12
Surplus Equipment Transfer/Disposal
Page 12
Shipping Terms
Page 12-13
Payment Terms
Page 13
SECTION V PUBLIC IMPROVEMENT POLICY
General Policies Page 15
Competitive Bid Process Pages 15 - 17
Competitive Quotation Process Pages 17 - 18
Contract Administration Pages 19 - 20
Emergency Repairs Page 20
APPENDIX I PURCHASING TERMS AND DEFINITIONS Pages 21 -23
SECTION I. INTRODUCTION
A. Purpose
The purpose of this manual is to define the City of Iowa City's purchasing policies, for both
goods and services and public improvements, in order to establish uniform purchasing practices
throughout the City's departments and divisions. The policies in this manual encourage
competition while promoting fair and equitable treatment of individuals who participate in the
procurement process. In the event there is a separate funding authority with its own
procurement policy, departments and divisions shall follow both the funding authority's rules,
as well as the City's purchasing policies. If they conflict, the more stringent policy shall
prevail.
The Iowa City Public Library and Iowa City Airport are managed by their own separate
governing bodies and adopt their own purchasing policies. All other City entities are governed
by this Purchasing Manual.
B. Authority to Purchase
City Council
Any spending authority not delegated by City Council is retained by City Council. The City
Council determines expenditure levels through the formulation and approval of an Annual
Operating Budget and Capital Improvements Program. In performing this policy-making
function, the City Council establishes a set of goals, priorities, and performance standards
which the City organization directs its collective efforts toward accomplishing.
The adoption of the Annual Operating Budget is the approval of a level of expenditures
necessary to accomplish the goals and objectives that have been established by each City
program. With the exception of specific statutory requirements for Public Improvements, and
subject to the limitations imposed by Council resolution on City Manager spending authority,
no further Council action is required to initiate purchases within the budget (See Section III (A)
of the Purchasing Policy Manual for more on Public Improvements).
City Manager
The City Manager is delegated the responsibility by the City Council to carry out the policy,
direction, and goals of the City Council. It is the City Manager's responsibility to manage the
Annual Operating Budget in such a way that the goals and priorities of the City Council are
accomplished. All recommendations for changes in the City's general purchasing policy will
be made with the prior approval of the City Manager.
The City Manager may, for good reason consistent with the purposes of these policies, give
written permission to the Purchasing Agent to allow a purchase that is not in compliance with
these policies, if the waiver is not inconsistent with applicable law. The City Manager or
designee may amend this Purchasing Manual to reflect City Council action. Any other change
to the manual must be approved by the City Council.
The Purchasing Agent, Engineering Administrator, and the Equipment Superintendent have
been designated by the City Manager to carry out the policies and procedures of the Purchasing
Manual. Each of these positions, and their respective divisions, is responsible for implementing
and ensuring compliance with the City's procurement requirements.
The Purchasing Agent assists City departments with the procurement of goods, services, and
professional and technical services. The Equipment Superintendent assists with the acquisition
of equipment, vehicles, and fuel, while the Engineering Administrator is responsible for the
procurement of Public Improvements and related consultant services.
Departments
City Departments are responsible for meeting the goals and objectives established by City
Council and the City Manager, and are provided budget funds to meet these goals. For proper
management control, it is necessary that Departments have budget authority prior to
maldng a purchase.
Note: Budget authorization for the expenditure of funds does not negate a department's
responsibility to follow the City's purchasing policies and bid thresholds stated within this
manual.
C. Employee Responsibility
It is the individual responsibility of each employee involved in the procurement process to
understand the intent and the meaning of the policies and the procedures stated in this manual.
If there is any question or concern relative to either the policies or procedures, or the ability of
the employee to respond effectively to the requirements of the procedures, then it is the
responsibility of the employee to bring it to the attention of the Purchasing Agent immediately.
Employees failing to follow the purchasing policies may be subject to discipline.
SECTION H. STANDARD PROCUREMENT PROCEDURES
A. Minimum Solicitation Requirements
The method of procurement for City departments shall be in accordance with the Purchasing
Manual and shall consider the nature and circumstances of the specific procurement. The
minimum standard methods of procurement are listed below. Exceptions and additional
requirements to the below methods are listed in Section III.
Regardless of the method of procurement used, no written contract may be signed by City staff
without the City Attorney's Office first signing. This includes any document that must be
signed by a member of City staff, including quotes and letters. Departments should also inquire
with the Purchasing Division whether the City already has a contract for whatever goods or
services are being sought.
Note: Freight, handling, and installation costs are included in all dollar limits stated below.
City departments are strictly prohibited from dividing purchases into separate parts in
order to avoid the bid threshold requirements. Similar purchases across departments may
be combined at the Purchasing Division's discretion to obtain better pricing, service, efficiency,
or other purposes that are beneficial to the City.
All consultants hired to assist with the development of specifications for a purchase shall be
excluded from competing in the procurement process for the award of a contract for that
particular purchase.
B. Limits
NOTE: Public improvement purchases that are less than $25,000 shall follow the methods
below in subsections (1) and (2). For public improvement purchases of $25,000 or more
please see Section V.
1.) $9.999 or less (Informal Ouotation Process):
Procurement Procedure: No set procedure. Pricing obtained must be reasonable.
Quotes are recommended.
Type of Purchase: All purchases unless exception listed in Section III.
Signature Required: Department Director or designee
2.) $10,000 to $24,999 (Informal Competitive Process):
Procurement Procedure: Request for Quote (RFQ) required.
Munis: Purchase Order or Contract required; quotes supporting the procurement
method must be stored in the Purchase Order or Contracts Module.
Type of Purchase: All purchases unless listed as an exclusion in Section III.
Signature Required: Department Director
3.) $25,000 and higher (Formal Competitive Process):
Procurement Procedure: Request for Bid (RFB) or Request for Proposal (RFP)
Munis: Purchase Order or Contract required; proposals or bids supporting the
procurement method must be stored in the Purchase Order or Contracts Module.
Type of Purchase: All unless listed as an exclusion in Section 111.
Signatures Required:
$25,000 to $150,000 Department Director and City Manager
>$150,000 Department Director, City Manager, and City Council
Type of Purchase: Professional and Technical Services (See Section III.B.)
Signatures Required:
$25,000 to $60,000 Department Director and City Manager
>$60,000 Department Director, City Manager, and City Council
C. Methods
Request for Quote (RFQ)
The buyer will seek a minimum of three written quotations and an award will be made to
the vendor who provides the quote with the best combination of cost and quality for the
specified good or service. The written quotes must include the date, name of the company,
name of the company representative, a description of the goods and/or service
(manufacturer, model #, dimensions, etc.), delivery date, freight, terms, and dollar amount.
Requests for quotes are managed by each department unless assistance is requested from
the Purchasing or Engineering Division.
Request for Bid (RFB)
A Request for Bid is a formal method used to solicit competitive sealed bids. All Request
for Bids will be conducted by the Purchasing Division, Engineering Division, or
Equipment Division. A bid is submitted to the City Clerk's office in a sealed envelope
and is not opened until a specified time and date, otherwise known as a public bid opening.
Award of the bid is made to the lowest responsible and responsive bidder meeting the
standards, specifications, and terms and conditions contained within the solicitation. Bids
not received by the stated due date and time will be rejected.
Request for Proposal (RFP)
A Request for Proposal is a formal method used to solicit competitive sealed proposals that
includes all of the information contained within a bid as well as other criteria for
evaluation. All Request for Proposals will be conducted by the Purchasing Division,
Engineering Division, or Equipment Division. This form of solicitation is not evaluated
on price alone; criteria including, but not limited to, the following may be used in
evaluating proposals: the quality of the product or service, company responsibility and
history, references, financial stability, technical expertise, warranties and guarantees, price,
compliance with the specifications, management/customer service, and contract terms. The
criteria used and the value placed on the criteria will depend on the goods and/or the
services solicited.
Proposals are received by the City Clerk's office; proposals received after the due date and
time may be rejected. The Purchasing Division, Engineering Division, or the Equipment
Division reviews the submitted proposals to make sure that they are complete. Only those
proposals that are considered complete, otherwise known as responsive, are dispersed to an
evaluation committee. The Purchasing Division, Engineering Division, and the Equipment
Division reserve the right, but are not required, to seek completion of proposals. The
evaluation committee, which will consist of representatives from the department making
the purchase, and other representatives appointed by the Purchasing Division, Engineering
Division, or the Equipment Division in cooperation with the department, will receive the
complete proposals with oral and written instructions from the Purchasing Division,
Engineering Division, or the Equipment Division regarding the evaluation process. The
evaluation committee shall sign and adhere to the instructions.
Once the evaluation committee has reviewed and scored the proposals, the evaluation
committee may meet to discuss the proposals and the evaluations. During this time, items
in question will be discussed. The evaluation committee may decide to make an award,
elect to request clarification on the proposals, or request a best and final offer from one or
more proposers. The evaluation committee may also request an oral presentation to assist
with the final decision to award. During this time, all contact with the vendor will be
conducted solely through the Purchasing Division, Engineering Division, or the
Equipment Division's point of contact, and responses will be presented in writing to the
committee.
Note: During the RFP process all information, including, but not limited to, the submitted
proposals, will be kept confidential until a formal award has been made by the Purchasing
Division, Engineering Division, or the Equipment Division. Any outside questions must be
put in writing. Those written questions, and open records requests, should be directed to
the Purchasing Division, Engineering Division, or the Equipment Division's point of
contact.
D. Advertisine Public Bids and Request for Proposals - City of Iowa City Website
With the emergence of electronic procurement, the City of Iowa City's public website has
become one of the main advertising resources for formal Request for Bid and Request for
Proposal solicitations. The Purchasing Division, Engineering Division, and the Equipment
Division must post Request for Proposals, Request for Bids, addendums, and bid results to the
City's website. The Purchasing Division, Engineering Division, and the Equipment Division in
cooperation with the department will use their discretion in determining other appropriate
methods of advertising bid and proposal solicitations.
SECTION III. EXCEPTIONS TO STANDARD PROCUREMENT PROCEDURES
Unless noted below, all purchases in this section must follow the City's bidding procedures,
with respect to the dollar limits listed in Section: II. Standard Procurement Procedures, B.
Limits. In addition, the contract entry or purchase order entry procedures listed in Section II
apply to the following procurements.
A. Public Improvements of $25,000 and IIiaher
Public improvement projects differ significantly from the procedures used to procure goods
and/or services, and the procurement for this work must be done in accordance with Iowa Code.
Section V of this manual sets forth City policies for public improvement procurements of
$25,000 and higher.
Whether a project is a public improvement is controlled by Iowa Code Chapter 26, which
defines a public improvement as "a building or construction work which is constructed under
the control of a governmental entity and is paid for in whole or in part with funds of the
governmental entity, including a building or improvement constructed or operated jointly with
any other public or private agency". The Iowa Code also features certain exclusions.
If the procurement meets the definition of a public improvement project, or there is a question
whether the project qualifies as a public improvement project, acquiring departments should
consult with the City Attorney's Office for direction.
All Public Improvement projects and competitive bid processes of $25,000 and higher will
be managed by the City's Engineering Division (see Section V. of the Purchasing Manual
for policies and procedures for Public Improvements).
B. Professional and Technical Services
Professional and Technical Services include services provided by consultants or individuals or
organizations possessing a high degree of technical skill, such as lawyers, physicians,
architects, and engineers. The requested services may include information, professional advice,
training, or direct assistance. Contractors working within trades, such as plumbing, electrical
services, and HVAC are considered as providing Operational Services, not Professional and
Technical Services. It is the responsibility of the requesting department to confirm that the
contractor possesses the skills required to perform the job. Cost remains an important
consideration in securing Professional and Technical Services.
Department Directors must confirm that the service provider does not appear on the Prohibited
Interest List, maintained by the Accounting Division. Written contracts should contain the
Prohibited Interest in Public Contracts Policy language, found on page 12.
Any procurement of Professional or Technical Services in excess of $10,000 must take the
form of a written contract. All written Professional and Technical Service Contracts,
regardless of dollar value, must be approved by the City Attorney's Office before services
can begin.
C. Lease of Real Property or Rental of Equipment from Another Party for More than One
Year
City Council signature approval is required for any lease of real property from another party for
more than one year. City Manager signature approval and Department Director approval is
required for the leasing or rental of equipment for more than one year. All written lease
contracts for real property or rental of equipment from another party must be reviewed and
approved by the City Attorney's Office. For any lease longer than one year for either real
property or equipment rental, a copy of the signed lease should be forwarded to the Accounting
division.
The City allows the leasing or rental of equipment or building(s) if all of the following
requirements are met:
1. Funds are budgeted and available to the requesting department; and
2. The period of time involved does not extend beyond fund availability; and
3. It is not the intent of the initial rental to transition into a lease/purchase option.
D. Information Technology Purchase Procedures
ITS approval is required for any Information Technology procurement.
1.) Hardware and Software Purchases and Related Maintenance Agreements
The department initiating the procurement of information technology goods and services,
shall submit a "Hardware/Software Recommendation" form to the ITS Help Desk for
evaluation and assistance. In the case of information technology goods and services which
are not linked to the City's computer network, and which are not supported by ITS, the
initiating Department may inform ITS of its intended procurement via e-mail or memo,
rather than by submitting a Hardware/Software Recommendation form. [ITS may request
additional information from the initiating department if the intended procurement raises
concerns as to connectivity, security, alternative procurement that may be less expensive or
more efficient, or other issues of concern to ITS. ITS shall provide assistance in the
development of specifications for hardware and software needs and development of a
Scope of Work ("SOW") for related maintenance agreements.
2.) IT Consulting Services
ITS will assist the initiating department in the development of the SOW. A preliminary
SOW will be submitted to ITS, and ITS will either recommend the SOW be accomplished
with in-house resources, or the procurement of an outside source. If outsource procurement
is required, ITS will assist the initiating department in defining outsource requirements.
The initiating department will submit a "Request to Retain Outside Consultant" form.
3.) The Purchasing Division will prepare the appropriate contract, if required, between the City
and the vendor, which Purchasing Division or end user will submit to the City Attorney's
Office for approval. Payment in arrears will be encouraged if at all possible.
4.) Departments will submit computer-related requests through ITS for review prior to P -Card
purchases. ITS will submit requisitions to the Purchasing Division for approval and issue
of any necessary purchase orders. ITS will review the computer-related requisitions and
either return it to the initiating department with comments and/or recommendations, or
forward the completed requisition to the Purchasing Division.
5.) Unless otherwise specified by ITS, all information technology equipment will be delivered
to ITS, and ITS will be responsible to track and verify satisfactory receipt of equipment. If
the delivery is made directly to the initiating department, the department will immediately
alert ITS of the equipment's arrival for inventory tracking purposes.
E. Department of Transportation Rock Salt Contract
The City of Iowa City piggybacks onto the Iowa Department of Transportation's Request for
Bid on a yearly basis. Although expenditures for this contract can be over $150,000, City
Council approval is not required due to state procurement requirements.
F. Insurance Coverage
Insurance premium payments are approved through the City Council as part of the budget
process. Contracts and other documents relating to procurement and management of insurance
coverage can be over $150,000. The City Council has delegated the City Manager to initiate
and execute these contracts and related documents.
G. Travel and Training
The City's Travel and Training policy is located on the intranet under Employee Information >
Other City Policies/Guidelines.
H. Utilities/Franchise Agreements
A utility franchise agreement is between a city government and a utility company or cable
provider that outlines certain requirements that must be met in order for the utility or cable
provider to use the city's (public) right-of-way. Any bulk or unregulated purchases must be
approved and signed by the City Attorney's Office.
I. Emergency Purchases
An emergency purchase may be exempt from the competitive bidding process when the
purchase is made due to an unexpected and urgent need, where health and safety or the
conservation of public resources is at risk. The use of this process is greatly discouraged, and
should be utilized only when absolutely necessary. Emergency purchases that are
considered public improvements under Iowa Code Section 26.2 (3), must follow the
emergency bidding requirements set by state code (see Section V. of the Purchasing
Manual for policies and procedures for Public Improvements).
Before proceeding with an emergency purchase, the department requiring the commodity or
service must receive written approval from the City Manager or designee. Within two (2)
weeks of the emergency purchase, the department making the purchase must complete an
"Emergency Purchase Form" available from the Purchasing Division, and return it to the
Purchasing Division. Copies will be distributed to the City Manager, the Finance Director, and
the Department Director.
J. Sole Source
In general, all purchases shall be made on a competitive basis. However, there may be a reason
to request a Sole Source purchase. This means that there must be only one product or service
that meets the department's needs, and there is only one vendor through whom the product or
service can be procured. Sole Source is not appropriate for use when the department has picked
a preferred product among other available products. In this situation, the individual requesting
the purchase must complete a "Sole Source Procurement Request" form (contact the Purchasing
Division to receive a copy of the form) and return it to the Purchasing Agent for approval by
City Manager or designee and the City Attorney's Office.
Examples of a Sole Source procurement include:
1.) Items which must be compatible with existing equipment or systems and are available
only from the original manufacturer or an exclusive distributor.
2.) Services that can be provided by only one source due to nature of the equipment
requiring service (proprietary equipment features).
3.) Items that have specific features or are related to a specific geographic location that are
available from only one source, by virtue of experience, expertise, proximity, or
ownership of intellectual property rights.
4.) Items or services of information technology for which there are compatibility
considerations, or the purchase would prevent voidance or termination of a warranty, or
the purchase would prevent default under contract or other obligations.
5.) The Federal government or other government provider of funds for the items or
services being purchased has imposed clear and specific restrictions on the use of the
funds in a way that restricts the procurement to only one vendor.
K. Cooperative Purchasing
"Piggybacking", a form of cooperative purchasing, allows government and government -related
agencies to utilize existing purchasing contracts or agreements from other government entities.
This type of purchasing is a competitive form of procurement that combines the requirements
of two or more agencies in order to reduce administrative expenses and obtain better pricing
based on volume discounts.
In order for a government agency to participate in this form of cooperative purchasing,
the following criteria must exist:
1.) The purchasing contract must be current.
2.) The purchasing contract must be the result of a formal competitive process.
3.) The government agency administering the contract must be willing to allow
participation on behalf of other government agencies (note: participation may be
limited to specific government agencies based on location, etc.).
4.) The government agency taking advantage of the existing contract must purchase the
same products identified in the contract.
5.) If the cooperative purchasing contract is a regional contract, the state or the
government agency requesting participation must have signed a contract to
participate.
L. Non -Profit Job Training
Contracts with non-profit entities for goods or services provided by those receiving job training
from the non-profit entity shall be excluded from this manual's competitive procurement
requirements. However, all signature authority requirements remain in place.
M. Contracts with Other Governmental Entities
Contracts with other governmental entities for goods or services shall be excluded from this
manual's competitive procurement requirements. However, all signature authority
requirements remain in place.
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SECTION IV. LEGAL REQUIREMENTS
A. Gratuities/ Gift Law
As stated in Iowa Code section 68B.22, as amended, the "Gift Law" prohibits officials,
employees, candidates, or their immediate family members from receiving or soliciting gifts
from a person who is or is seeking to be a party to a sale, purchase, lease, or contract with the
City. Gifts from such restricted donors may be accepted only if they are worth $3.00 or less.
Additional exceptions can be found in Iowa Code Section 68B.22(4), as amended, but should
not be exercised without the approval of the City Attorney's Office.
B. Prohibited Interest in Public Contracts Policy
Pursuant to Iowa Code Section 362.5 (2011), as amended, a city officer or employee shall not
have an interest, direct or indirect, in any contract or job of work or material or the profits
thereof or services to be furnished or performed for the City.
"City officer or employee" includes all employees, as well as members of the City Council and
all City boards and commissions. With respect to "direct or indirect" interest, the City
presumes a City officer or employee has shared financial interest with any of the following
persons:
• The spouse of a City officer or employee.
• Any person eligible to register as a domestic partner, as defined in Iowa City Code 2-6-2,
as amended, of a City officer or employee.
• The unemancipated child of a City officer or employee.
• The parent of a City officer or employee, if the City officer or employee is an
unemancipated child.
It is prohibited for any City officer or employee to participate, directly or indirectly, in a
procurement when the City officer or employee is aware that:
Any City officer or employee, directly or indirectly, has a financial interest pertaining to
the procurement.
Any other person, business, or organization with which a City officer or employee, directly
or indirectly, is negotiating or has an arrangement concerning prospective employment is
involved in the procurement.
Before proceeding with a purchase, the department procuring the goods or services must
confirm the vendor is not on the Prohibited Vendor list, as maintained by the designated
division. Some exceptions apply, but no procurement may be made from a Prohibited Vendor
without the written approval of the City Attorney's Office. Procurements made in violation of
this policy may result in disciplinary action and/or criminal charges under Iowa Code Section
362.5.
C. Wase Theft Policy
All City contractors with contracts of $25,000 or more must abide by the requirements of the
City's Wage Theft Policy. Pursuant to the Wage Theft Policy, the City will not to enter into
certain contracts with, or provide discretionary economic development assistance to, any
person or entity (including an owner of more than 25% of the entity) who has admitted guilt or
liability or been adjudicated guilty or liable in any judicial or administrative proceeding of
committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa
Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or
local ordinance, which governs the payment of wages, for a period of five (5) years from the
date of the last conviction, entry of plea, administrative finding or admission of guilt. The Wage
Theft Policy does not apply to emergency purchases of goods and services, emergency
construction or public improvement work, sole source contracts excepted by the City's
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purchasing manual, cooperative/piggyback purchasing or contracts with other governmental
entities. For all other applicable contracts, the City's Wage Theft Policy must be included in
the City's solicitation/bid package.
D. Local Preference
Preference may be given to local businesses or vendors that have a business located within
Johnson County. This includes branch operations and franchises. Cost and other
considerations being equal, local businesses shall be given first consideration for the purchase
of goods or services. A local business or vendor that submits a quote or bid by the established
deadline falling within 5% of the lowest bid will have the opportunity to match the lowest price
submitted, but only if that price was submitted by a non -local vendor.
In this instance, the City representative responsible for issuing the solicitation will contact the
local vendor/business that has fallen within the 5% threshold to request a price match. The
business/vendor will have a twenty-four hour period to submit a written price match to the City
representative. If more than one local business/vendor meets the criteria above, each local
vendor will be given forty-eight hours to submit a lower bid in writing. All revised bids must
be at or lower than the original lowest bid. At the close of the forty-eight hour period, the
contract will be awarded to the lowest bidder, local or otherwise. In the event of a tie, the local
vendor will be awarded the contract. If two or more local vendors tie, the award will be
determined by coin flip.
The local preference policy does not apply to Public Improvement projects, goods and services
acquired through the Request for Proposal process, or purchases utilizing Federal Transit funds
or Federal funding.
E. State and Federal Fundine
The purchasing policies stated in this manual are not preempted by the requirements for state and
federal grants unless the city requirement is inconsistent with the state or federal grant
requirements, in which case departments shall follow the strictest of any applicable policy.
Departments shall adhere to the City's purchasing policies and all state and federal requirements,
including completion of all required documents. hi addition, all applicable conditions of state or
federal funding must be included in bid and proposal solicitations.
Transit procurements conducted with funds administered by the Federal Transit Administration
directly or through the Iowa Department of Transportation must follow all federal
requirements. As these requirements differ from those outlined in the City of Iowa City
Purchasing Manual, FTA regulations shall take precedence. The City of Iowa City
Transportation Services Director shall provide documentation of the processes when federally
funded procurements occur.
F. Donated Funds
Departments are required to follow the bidding policies stated in this manual unless all of the
following is true:
1.) Private funds are offered to the City for procurement of good or services.
2.) The City does not contribute any funds to the procurement.
3.) Pricing is reasonable.
G. Professional and Technical Service Contracts
Any procurement of Professional or Technical Services in excess of $10,000 must take the
form of a written contract. All written Professional and Technical Service Contracts,
regardless of dollar value, must be approved by the City Attorney's Office before services
can begin. Department Directors must confirm that the service provider does not appear on
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the Prohibited Interest List, maintained by the Accounting Division. Written contracts should
contain the Prohibited Interest in Public Contracts Policy language, found on page 11.
H. Record Retention
The Purchasing Division and Public Works Department, who are responsible for the
procurement of goods, services, and equipment, are required to retain all written contracts,
including bid and request for proposal documents, the awarded vendor's bid or proposal, and
the purchase order for a period of five years. Departments procuring goods, services, and
equipment through the informal quotation process, where assistance is not provided by
Purchasing, are responsible for retaining documentation (including all quotes received) for a
period of five years.
I. Public Record
Procurement information shall be recognized as public record to the extent provided by law and
as set by Council Resolution 07-260, passed August 21", 2007. However, the identity of
proposers and documents received in response to a Request for Proposal may only be released
to City staff prior to award of the contract, without approval of the City Attorney's Office. All
details of contract proposals shall be kept confidential until final award of the contract. Details
of contracts requiring Council approval may be disclosed as part of the Council approval process.
In that event, disclosures should be limited as much as possible in order to best preserve the
integrity of the procurement process. Questions regarding the potential confidentiality of
documents should be directed to the City Attorney's Office.
Surplus Equipment Transfer/Disposal
If a department no longer has a use for surplus vehicles and equipment, including, but not
limited to, office furniture, heavy equipment, and computer equipment, the department should
contact the Purchasing Division to assist with transfer or disposal. The Purchasing Division
may contact other City divisions to determine whether they may have use for the surplus
equipment. If no City department has use for the item, the Purchasing Division may dispose of
it through public bidding (on-line), sealed bidding, the sale or transfer to other governmental
agencies, or through donation or sale to a non-profit organization.
The department requesting the transfer/disposal of the equipment shall provide the Purchasing
Division with a description of the item (color, measurements), make, model, serial number,
condition of the item, and any other pertinent information required to assist with
transfer/disposal.
K. Shippine Terms
When purchasing goods from a vendor it is important that the department understands and
designates the appropriate shipping terms. The shipping terms not only determine who has the
legal right to specify the carrier and the routing of any goods purchased, but they also define the
point at which the City takes title of the goods, otherwise known as "free on board" (F.O.B.),
and thus who takes the risk of damage during transit. The most common freight terms are
F.O.B. destination and F.O.B. point of origin.
F.O.B. destination (City of Iowa City Address) — title/ownership of the goods passes to the
department when the goods have been delivered to the City. The cost of shipping and the risk
of loss are borne by the vendor. The vendor is responsible for the goods until they are
delivered.
F.O.B. point of origin (vendor's facility), — title/ownership of the goods passes to the
department at the vendor's facility. The department or division owns the goods in transit and
files any claims. The department or division is responsible for the goods at the origin of
shipment.
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Note: F.O.B. destination (City of Iowa City Address) is the City's preferred method of
shipping since the seller maintains ownership of the goods until they are delivered. The
cost of shipping (activities performed in preparation of the outgoing shipment of goods, which
may include packaging, weighing, marking, loading, etc.) and the risk of loss are borne by the
seller.
L. Payment Terms
Unless otherwise specified, the City's standard payment terms designate that payment to the
vendor may be made only after inspection, approval, and final acceptance of the goods or
services. Procurements for construction, capital equipment, professional services and other
labor intensive and/or capital intensive projects may require interim payments. Interim
payments or milestone payments must be clearly defined in written form in order to eliminate
confusion between the City and the vendor. Whether the City makes interim payments or
makes a single payment, it is important that the department not only receives the goods or
services, but performs a complete inspection and confirms that the products received or
the services performed are acceptable before payment to the vendor is made. The City's
ability to remedy a problem is severely hampered if we have already paid the vendor for the
good or services. Advance payment or prepayment for products or services is strongly
discouraged (exclusions: subscriptions, memberships).
Note: Before a department signs a contract for the procurement of goods or services the
payment terms must be carefully reviewed. Payment in advance is strongly discouraged. Also,
the department should review the number of days specified for payment. A department should
not accept payment terms of less than thirty days considering the time it takes to receive,
inspect, and accept the product or service and process the paperwork for payment.
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SECTION V. PUBLIC IMPROVEMENTS
1. General Policies
A. The purpose of this section is to procure the services of contractors by competition in a
manner that will lead to the best results at the lowest price and to forestall fraud,
favoritism and corruption in the making of contracts.
B. These policies and procedures shall be maintained to be in conformance with the laws
of the State of Iowa and shall be administered by the City Engineer, with assistance
from the Public Works Director, City Attorney, Finance Director, and City Manager.
C. The public improvements procurement process is not required for soliciting and
contracting for architectural, landscape architectural, engineering design, or other
professional services for a public improvement project. Procurements such as this must
be conducted in accordance with the provisions in Section 11 of the Purchasing Policy
Manual.
D. Minimum thresholds for competitive bidding will be established in Iowa Code section
26.3 and adjusted pursuant to Iowa Code section 314.1 B. Public improvements that do
not require competitive bidding under Iowa Code but are greater than $25,000 will be
subject to the competitive quotation process as defined by Iowa Administrative Code
chapter 180 and this policy. Public improvements that are estimated to cost less
than $25,000 will be subject to the bidding procedures set in Section ILB of the
Purchasing Policy Manual. Under Iowa Code Section 26.5, departments are
prohibited from dividing the project into separate parts, regardless of intent.
E. Thresholds for bidding are determined by the engineer's cost estimate for the total cost
of the improvement. The estimated total cost to construct a public improvement,
includes the cost of labor, materials, equipment, and supplies, but excludes the cost of
architectural or engineering design services and inspection.
F. The City will establish a uniform and consistent process for receiving bids and
quotations for public improvement projects.
G. The City will establish a uniform bid opening process to ensure uniformity and
consistency with the way in which bids and quotations for public improvement projects
are opened and reviewed. The department representative responsible for the bid
opening shall follow this procedure for opening and announcing all bids and quotations
pertaining to public improvement projects submitted by contractors and received by the
designee.
H. Any public improvement contract that is subject to the terms and conditions of a state
or federal grant shall adhere to any additional requirements of the grant, and the
necessary controls or procedures needed to properly monitor or report compliance with
those requirements will be instituted. Any public improvement contract shall also
adhere to any other limitations or requirements as determined by City Council.
I. The City reserves the right to waive any minor informalities or irregularities contained
in any bid or quote.
R. Competitive Bid Process
A. Solicitation of Bids
1. Detailed and written plans and specifications and a detailed cost estimate must be
prepared for the public improvement project by a licensed engineer, licensed
landscape architect and/or a licensed architect. The City Engineer or designee will
approve the written plans and specifications and detailed cost estimate and will
prepare the form of contract. These documents must be reviewed and approved by
the City Attorney's office.
2. The City Engineer or designee shall prepare a memorandum summarizing the
project plans and specifications, the scope of work, the project background, a
detailed cost estimate, and the funding sources. If the scope of the project has
15
changed significantly from the scope that was approved in the Five -Year Capital
Improvement Program, then any differences in scope must be explained in the
memorandum as well. This memorandum must be reviewed by the City Attorney
and the Finance Director and approved by the City Manager or their designees.
The written plans and specifications and the detailed cost estimate shall then be
placed on file with the City Clerk's office.
3. The City Council shall hold a public hearing and approve the proposed plans,
specifications, form of contract, and estimated total cost. A notice of public hearing
on the plans, specifications, form of contract, description of the project and its
location, and the estimated total cost must be published by the City Clerk in the
Iowa City Press Citizen and posted by the City Engineer or designee on the City's
website more than 4 days but not more than 20 days before the public hearing.
4. Following the public hearing and Council approval of the plans, specifications,
form of contract, and estimated total cost, the City Clerk shall post a notice to
bidders in accordance with the resolution approving the plans and specifications.
Those posting requirements may be satisfied by the City Clerk posting the notice
on the Construction Update Network, operated by the Master Builders of Iowa, and
the Iowa League of Cities website at least once, not less than 13 and not more than
45 days before the bid filing deadline. Additionally, the City Engineer or designee
shall post the notice on the City's website within these same time limitations. This
notice must state all information required by Iowa Code Section 26.7, including:
a. Time and place for filing sealed proposals;
b. Time and place sealed proposals will be opened and considered on behalf of
the City, which shall be the same time and place stated in the Council approved
plans and specifications;
c. The general nature of the public improvements on which bids are being
requested;
d. In general terms, when the work must be commenced and when it must be
completed;
e. Bid security and bid bond requirements.
B. Receiving Bids Process
1. Contractors shall file all bids with the City Clerk's Office before the time specified
in the project specifications.
2. All bids shall be written on the appropriate City form.
a. Competitive bids can only be filed in a sealed envelope, and must be delivered
to the City Clerk's office by personal delivery or other mail delivery service.
Each competitive bid must be accompanied by a Resident Bidder Form.
b. A bid bond must also be submitted in a separate, sealed envelope. If no such
bond is timely filed, the bid will not be considered and the Clerk or designee
will return the bid unopened.
3. The City Clerk or designee who receives the bid shall note the time and date the
bid is received. The City Clerk or designee shall make this notation on the outside
of the sealed envelope. In addition to noting the time and date, as stated on the
official City Clerk clock, the City Clerk or designee shall also sign his or her name
or initials on the envelope upon receiving the bid.
4. No bids filed after the designated time will be received or considered. The City
Clerk or designee shall return all late bids to the contractor unopened.
C. Bid Opening and Consideration Process
1. The Bid Opening Process will occur at the place, date, and time stated in the
project specifications.
2. The City Engineer or designee shall introduce him or herself and announce that it is
now o'clock, the time specified for the receipt of bids and no more bids
shall be received on the project. (The closing of receipt of bids shall be
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exactly at the time specified). Any bids submitted after the time specified will not
be accepted and will be returned to the bidder unopened.
3. The City Engineer or designee will introduce other representatives, consultants,
local, State and/or Federal representatives in attendance.
4. The City Engineer or designee will open the bids individually. The bid bond
envelope will be opened first followed by the competitive bid envelope. The City
Engineer or designee will announce the name of the bidder and whether:
a. A bid bond or other approved bid security has been received;
b. A Resident Bidder Form has been received;
c. The bid has been signed, is on the form specified and has acknowledged the
addenda, if any exist;
d. All documents and/or attachments required to be submitted as part of the
proposal are enclosed;
e. The Bid Proposal Form(s) has/have been completely filled out and the total
amount of the bid can be readily determined.
5. If any of the above items are missing or incomplete the bids will not be read or
accepted, but will be placed back in the envelope and returned to the Bidder. If the
above items are enclosed and complete, then the City Clerk or designee will read
the total base bid and the bid for any alternates listed in the proposal.
6. After all bids have been read, the City Clerk or designee shall state verbally that
"the bid opening is over and the bids will be tabulated and posted on the City's
website."
7. The City Engineer or designee will review the bids to determine the lowest
responsive, responsible bidder. A bid tabulation of the responsive bids received
shall then be posted on the City's website. Bids considered not responsive will not
be posted.
8. Once the lowest responsive, responsible bidder has been determined by the City
Engineer or designee, the results must be reviewed by the City Attorney and the
Finance Director and approved by the City Manager or designee. Following City
Manager approval, the results shall be submitted to the City Council for
consideration at the next regularly scheduled meeting occurring after the bid filing
deadline, or for consideration at a special meeting called by the City Council for
the purpose of considering the recommendation.
a. The City Engineer or designee shall recommend City Council award the contract
to the lowest responsive, responsible bidder;
b. If all bids received are considered by the City Engineer or designee to be non-
responsive or are not acceptable, the City Engineer or designee will recommend
that Council reject all bids and rebid the project;
c. If the City only received one bid and it is 25% or higher than the Engineer's
Estimate, the recommendation to Council will be to reject it unless the City
Engineer determines that accepting the bid would be the most prudent course of
action, and it is approved by the City Manager,
9. The City shall return the bidder's bond to all unsuccessful bidders as soon as the
City Council has awarded the contract or within 30 days from the bid opening,
whichever is sooner.
III. Competitive Ouotation Process
A. Solicitation of Quotations
1. The City Engineer or designee shall solicit competitive quotations for a public
improvement when the estimated total cost of the public improvement equals or
exceeds $25,000 but is less than the competitive bid threshold established in Iowa
Code section 26.3.
2. The City Engineer or designee shall make a good -faith effort to obtain quotations
17
for the work from at least two contractors regularly engaged in such work prior to
letting a contract. Quotations shall be obtained by means of either an oral or a
written solicitation directed to not less than two contractors. Solicitations shall also
be posted on the City's website. Good faith effort shall include advising all
contractors who have filed with the governmental entity a request for notice of
projects.
3. Each solicitation shall include a description of the work to be performed, and the
plans and specifications for the work shall be prepared by a licensed architect,
landscape architect, or engineer. In its solicitation, the City Engineer or designee
shall advise each contractor that it has an opportunity to inspect the work site. Each
contractor requesting to inspect the work site shall be provided an equal and
adequate opportunity to do so.
4. Additional information deemed pertinent, or requested by a contractor, may be
provided by the City Engineer or designee if the same information is provided to all
contractors from which quotations are solicited. If the information is provided in
written form to a contractor, it shall be provided in the same form to all contractors
from which quotations are solicited.
5. In its solicitation, the City Engineer or designee shall:
a. Specify the required form and content of quotations. A competitive quotation
filed by a contractor shall be in writing and shall include the total price for labor,
equipment, materials and supplies required to perform the work. A contractor
shall not be required to include in its quotation or in individual quotation items a
breakdown of costs for labor, materials, equipment and supplies. Competitive
quotations filed by contractors shall include all other information,
documentation, or commitments as specified in the solicitation;
In. Require that quotations be filed with the City Clerk or designee in the City
Clerk's office by a particular time;
c. Establish the acceptable method(s) for delivery of quotations. The City Engineer
or designee shall specify the following methods of delivery: mail or delivery in -
hand;
d. Require that all quotations be sealed.
B. Receiving Competitive Ouotations
1. Contractors shall file all quotations in the City Clerk's Office before the time
specified.
2. The City Clerk or designee who receives the quotation shall note the time and date
the quotation is received and the name of the person receiving the quote on the
sealed envelope.
3. No quotations filed after the designated time will be received or considered. The
City Clerk or designee shall return all late quotations to the contractor unopened.
C. Opening and Considering Competitive Quotations
1. If a quoting contractor does not file a quotation in the form required, or does not
provide all information or documentation or make all commitments required, or
does not sign the quotation if required, the quotation shall be determined to be
nonresponsive and shall be rejected.
2. The City Manager or designee shall award the contract for the work to the contractor
submitting the lowest responsive, responsible quotation, subject to Iowa Code
section 26.9, or may reject all of the quotations. A contract shall be considered
awarded when the City Manager or designee executes a contract for the work with
the selected contractor.
3. The City Engineer shall draft a memo to the City Council summarizing the
competitive quotation, which shall be reported in the meeting minutes of the next
regular Council meeting.
18
IV. Contract Administration
1. The City Clerk or designee will advertise and bid all contracts qualifying for formal
bidding procedures. The City Clerk or designee will oversee receiving, opening, and
announcing all formal bids.
2. Competitively bid contracts will be executed by the Mayor and attested to by the
City Clerk. Competitively quoted contracts will be executed by the City Manager or
his designee.
3. The City Manager or designee will administer all contracts on the authority of the
City Council.
4. All change orders, change in contract estimates, or any other adjustments of the
contract price will be subject to these requirements.
a. Change orders or other changes in contract price must be in writing and be
completed in advance of the work. They must include a description of the
work, the agreed upon cost, and be signed by the contractor and the City
Engineer or designee.
b. Contract changes and changes in estimated quantities that are greater than 25%
must be approved with the following limits and authority:
1. Less than $25,000 - City Engineer or designee;
2. $25,000 and $150,000 — City Manager or designee;
3. $150,000 or more — City Council;
c. All change orders greater than $10,000 must be reviewed by the Finance
Director.
d. If a change order on a contract entered into by competitive quotation causes the
entire contract price to exceed $150,000, the contract and amendments shall be
submitted for City Council approval.
e. If it is determined by the City Engineer or designee that the nature of the
contract change is urgent and delay could jeopardize the progress of the
project, the City Engineer or designee may authorize the contractor to initiate
the work prior to obtaining the required approval set forth above. The required
approval must be obtained, however, by the City Manager no more than 10
days from the City Engineer or designee's authorization and by the City
Council within20 days from authorization or at the next scheduled City
Council meeting. The change order should include the reasons for the urgency.
5. Contracts for public improvements cannot be amended by change order or any other
adjustment for work that is unrelated to the project as described in the approved plans
and specifications.
6. The scope of public improvement projects shall not be adjusted for the purpose of
circumventing the authorization limits of this policy, Council resolution, and state or
federal law. Contract amendments and change orders shall not be used as a means of
circumventing the authorization limits of this policy, Council resolution, and state or
federal law.
7. For all public improvement contracts $25,000 or higher, the contract must be
accompanied by a bond, with surety, conditioned for the faithful performance of the
contract, and for fulfillment of other requirements as provided by Iowa law in
accordance with Iowa Code section 573.2. The amount of the performance and
payment bond must be at least 100% of the contract price.
8. Where appropriate, retainage shall be withheld on contracts for public improvements as
provided for by State law or on other contracts as deemed appropriate or necessary.
Retainage on a contract shall be 5% of the cost of the public improvement, unless
otherwise limited by state or federal grant programs. An application by a contractor for
early release of a retainage requires City Council consideration and approval.
19
9. The final acceptance (certificate of completion), the final contractor payment, and the
release of retainage authorization (unless early release applied for) of a formally bid
contract shall be approved by City Council action at the same meeting.
10. All contracts awarded, change orders, or changes in contract price, must be entered into
the City's financial computer system Munis along with supporting documentation.
Contracts that include estimated quantities will be entered into Munis at the contract
price plus 10% as a contingency. All contract payment requests must reference the
Munis contract number.
11. Sales tax exemption certificates will be issued by the Engineering division upon request
of the contractor.
V. Emergency Repairs
1. In accordance with Iowa Code Section 384.103, when emergency repair of a public
improvement is necessary and the delay of advertising and a public letting might cause
serious loss or injury to the City, the City Manager shall make a finding of the
necessity to institute emergency proceedings under Iowa Code Section 384.103, and
shall procure a certificate from a licensed professional engineer or registered architect
certifying that emergency repairs are necessary.
2. Where the City Manager has so certified, the City may accept, enter into, and make
payment under a contract for emergency repairs without holding a public hearing and
advertising for bids, and the provisions of Chapter 26 do not apply.
3. The work must be awarded to the lowest responsible, responsive bidder.
4. The emergency repair finding and the approved construction contract shall be
entered into the City Council minutes at its next regularly scheduled or special
called meeting.
5. If the emergency repair would otherwise be a public improvement requiring
competitive bidding under Chapter 26:
a. The City Engineer or designee must solicit at least two written quotations from
qualified contractors or suppliers.
b. The contractor must provide a performance and payment bond for a public
improvement of $25,000 or more.
6. If the emergency repair would otherwise be a public improvement requiring
Competitive Quotations:
a. The Emergency Purchase provisions of Section III.I. of the Purchasing Policy
Manual shall be followed.
20
APPENDIX I. PURCHASING TERMS AND DEFINITIONS
Bid Bond: A monetary commitment (cashier's check or certified check) made by a third party to
accept liability and to guarantee that the bidder will not withdraw the bid. The certified check or
cashier's check will not exceed 10% of the bid price and will accompany the bid upon submittal.
If an award is made and the successful bidder fails to enter into a contract with the City, the City is
entitled to the entire amount of the bid bond.
Bid Opening: A specified time and date where formal bids are opened and the enclosed
information is publicly read. The bidder's name, price, items offered, delivery, etc. are read during
the opening.
Capital Asset: Assets that have a life expectancy beyond one year and a cost of $5,000.00 per item
or more (examples: land, land improvement, building, equipment).
Capital Outlay/Expenditure: Expenditures for acquiring land, building, equipment or other
property, or for their preservation, development or permanent improvement (i.e. the acquisition or
renovation of capital assets). The threshold for capital outlay is $5,000 per item or more.
Purchases of goods under $5,000 per item are considered supplies.
Com: Shall mean the City of Iowa City, Iowa.
Competition: The process by which two or more vendors attempt to secure the business of a third
party through the offer of the most favorable price, quality, delivery terms or service.
Contract: A legally binding promise, oral or in writing, enforceable by law.
Emergency Purchase: A purchase made due to an unexpected and urgent request, where health
and safety or the conservation of public resources is at risk.
Evaluation Committee: A group or team of advisors selected to assist in recommending a vendor
for a contract award.
Goods: Anything purchased other than services or real property
Online Bidding: A procurement process in which an invitation for bid or request for proposal is
posted electronically over the intemet in a real-time, competitive bidding event.
Operating Services: The furnishing of labor and time by a contractor or a vendor, which may
involve to a lesser degree, the delivery or supply of products. Examples of contractors providing
operational services are those working within trades, such as plumbing, electrical services, and
HVAC. Professional and Technical Services are not Operational Services.
Performance Bond: A bond, issued upon award of the contract, that secures the performance of
all terms, conditions, and agreements stated within the contract by the vendor. A performance bond
protects the buyer from the vendor's inability to complete the contract.
Pre -Solicitation (Pre -Submission Conference): A meeting with prospective bidders or proposers
to clarify the requirements of a contract to be put out for bid or proposal.
Procurement: Purchasing, renting, leasing, or otherwise acquiring any supplies, services, or
construction; includes all functions that pertain to the acquisition, description of requirements,
selection and solicitation of sources, preparation and award of contract, and all phases of contract
administration; combining the functions of purchasing, inventory control, traffic and transportation,
receiving, inspection, storekeeping, and salvage and disposal operations.
21
Purchasing Policy: Governing principle which establishes the general parameters for the
organization to follow in carrying out its responsibility for procuring equipment, supplies and
services, etc. in the most efficient and economical method possible.
Professional or Technical Services: Services provided by individuals or organizations possessing
a high degree of technical skill, such as lawyers, physicians, architects, engineers, and other
consultants. Contractors working within trades, such as plumbing, electrical services, and HVAC
are considered as providing Operational Services, not Professional and Technical services.
Public Improvement:
A building or construction work, which is constructed under the control of governmental entity and
is paid for in whole or in part with funds of the government entity, including a building or
improvement constructed or operated jointly with any other public or private agency, but excluding
urban renewal, demolition, and low -rent housing projects, industrial aid projects authorized under
chapter 419, emergency work or repair or maintenance work performed by employees of a
governmental entity, and excluding a highway, bridge, or culvert project, and excluding
construction or repair or maintenance work performed for a city utility under chapter 388 by its
employees or performed for a rural water district under chapter 357A by its employees. This
definition is controlled by Iowa Code, and thus will incorporate any amendments to the statutory
definition. See Iowa Code Section 26.2(3), as amended, for the controlling definition. Note -
highway, bridge, and culvert projects are controlled by Iowa Code chapter 314, as amended.
Real Property: Land and its permanently affixed buildings or structures.
Responsible Bidder: A vendor who has the capability in all respects to fully perform the contract
requirements, and the integrity and reliability which will assure good faith performance.
Responsive Bidder: A vendor who submits a bid or proposal that fully conforms to all
requirements contained within the solicitation.
Request for Bid: A formal method used to procure a specific requirement (goods/services). A
Request for Bid requires the submission of sealed bids and a public bid opening. Award is made to
the lowest responsible and responsive bidder meeting the standards, specifications, and terms and
conditions contained within the solicitation.
Request for Proposal: A formal procurement method similar to a Request for Bid, except that
factors other than price (such as quality, timeliness, experience, ability to meet specifications) are
also considered in making the award.
Risk Management: The identification, measurement and treatment of property, liability, and
personal loss exposures; includes analysis of potential risk situations and insurance needs, as well
as the amount of financial coverage needed to protect the government.
Sealed: The submission of responses to a solicitation in a form that prevents disclosure of the
contents prior to a date and time established by the department or division for opening the
responses.
Specification: A detailed description of the physical, functional, or performance characteristics of
a good or service that must be met before a contract is awarded.
Sole Source: A purchase to fulfill a need for a commodity or service where there is only one
product or service that meets the department's needs, and there is only one vendor offering the
product or service. Only one vendor possesses the unique and singularly available capability to
meet the requirements (technical specifications) of the solicitation.
22
Surplus: Supplies or commodities that have completed their useful life and no longer have use to
the original consumer, but may have some purpose or alternative use to another department within
the City, or to an individual or entity outside the City.
Tax Exempt: The City is exempt from all Federal, State of Iowa, and other states' taxes on the
purchase of commodities and services used by the City of Iowa City within the State of Iowa.
Vendor: A supplier/seller of goods or services.
23
I r �dr CITY OF IOWA CITY 4d(16)
.'n.=,dal MEMORANDUM
Date: November 30, 2016
To: Dennis Bockenstedt, Director of Finance
From: Mary Niichel-Hegwood, Purchasing Agent
Re: New Purchasing Manual
Introduction
The current Purchasing Manual was last updated September 16, 2014 to create uniform policies and
procedures for all departments and divisions to follow, while encouraging competition and promoting fair
and equitable treatment of individuals that participate in the procurement process. The proposed
Purchasing Manual has been modified to include the previously adopted Wage Theft Policy, signature
authority for insurance related documents, and a new section for Public Improvements.
Modifications
The proposed Purchasing Manual incorporates the following major changes:
Wage Theft Policy (Section IV.C.) - The City Council adopted a Wage Theft Policy on November
10, 2015 (Resolution No. 15-364).
Insurance Coverage Approval (Section III.F.) — The City Council delegated signature authority to
the City Manager for documents related to insurance coverage on October 6, 2015 (Resolution
15-301).
Public Improvements Policies & Procedures (Section V) - The Public Works Department, Finance
Department, and the City Attorney's office have created a new section for the Purchasing Manual
that contains the policies and procedures for the procurement of Public Improvements that are
greater than $25,000.
This new section defines the policies and procedures for the competitive bid process, competitive
quotation process, emergency repairs, and contract administration for Public Improvements. The
contract administration section also identifies the documentation requirements, signature
authority levels, and dollar values or contract percentages for executing a change order. Those
limits are summarized as follows:
Contract changes and changes in estimated quantities that are greater than 25% must be
approved with the following limits and authority:
1. Less than $25,000 - City Engineer or designee;
2. $25,000 and $150,000 — City Manager or designee;
3. $150,000 or more — City Council.
Staff have worked together to revise the Purchasing Manual to incorporate these modifications.
Recommendation:
Based on the modifications listed above, I am recommending that the City Council adopt the proposed
Purchasing Manual. The proposed Purchasing Manual will continue to provide guidance to staff by
clearly defining standard policies and procedures for City procurements while encouraging fair and open
competition.
4d(17)
Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 16-341
RESOLUTION REVISING AND ADOPTING THE IOWA CITY INTERIM
MUNICIPAL DESIGN STANDARDS PART 7 (WATER DISTRIBUTION SYSTEM)
AND CONSTRUCTION SPECIFICATIONS SECTION 02660 (WATER
DISTRIBUTION).
WHEREAS, the City of Iowa City has adopted certain design standards and construction
specifications for water distribution systems; and
WHEREAS, said design standards and construction specifications need to be revised to update
materials and design requirements to bring the standards and specifications into alignment with
the American Water Work Association's (AWWA) and Iowa Department Of Natural Resources'
recommended standards for water works; and
WHEREAS, the Design Standards Part 7 (Water Distribution) has been updated to integrate
plan review requirements, improve language to clarify common questions, and streamline thrust
restraint and restrained pipe joint requirements; and
WHEREAS, the Construction Specifications Section 02660 (Water Distribution) have been
updated to include new approved materials, move to a new bacteriological testing schedule,
and align with updates to the Water Distribution standards.
WHEREAS, approval of these updated standards and specifications will streamline review of City
applications to the IDNR for water main construction permits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY. IOWA THAT:
The Iowa City Interim Design Standards Part 7 (Water Distribution) and Construction
Specifications Section 02660 (Water Distribution) dated December 6, 2016 now on file in
the City Engineer's Office are hereby approved and shall be used for all public water
distribution design and construction.
2. The design standards and construction specifications shall be kept on file in the City
Engineers Office and shall be made available to the staff and public for use in the
construction of public water distribution improvements within the City of Iowa City.
Passed and approved this 6th day of December/ 20( 16
MOOR
\, Approved by
ATTEST: V lGicf
CITY,qERK City Attomey's Office ��/��
Resolution No.
Page 2
16-341
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES
NAYS: ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319)356-5156
RESOLUTION NO. 16-342
RESOLUTION AUTHORIZING THE PURCHASE OF (4) LIGHT DUTY BUSES FOR THE
TRANSPORTATION & RESOURCE MANAGEMENT DEPARTMENT FROM HOGLUND
BUS COMPANY, INC.
WHEREAS, the City of Iowa City was included in a RFP for Light Duty buses issued by the Iowa Department
of Transportation; and
WHEREAS, the City of Iowa City received Federal Transit Administration grant funding for the replacement of
(4) light duty buses in our transit fleet; and
WHEREAS, the total cost of the procurement is $388,416 with the City of Iowa City being responsible for the
$63,118 local match; and
WHEREAS, the $388,416 total cost of the purchase exceeds the City Manager's spending authority of
$150,000, thus requiring City Council approval; and
WHEREAS, the local match will be funded out of the transit bus replacement reserve, (7151 - 71810280).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The proposed procurement as described is approved.
2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase.
Passed and approved this 6th day of December 20 16
WOR
Approved by
ATTEST:
ERK
It was moved by Botchway and seconded by
and upon roll call there were:
AYES:
X
X
X
X
_X
NAYS:
1211 f l(�2.
City A orney's Office
Dickens
the Resolution be adopted,
ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
CITY OF IOWA CITY 4d(18)
MEMORANDUM
Date: December 1, 2016
To: Geoff Fruin, Interim City Manager
From: Chris O'Brien, Director of Transportation & Resource Management
Re: Light Duty Bus Purchase
Introduction: At the December 6, 2016 City Council meeting, consideration will be given to a
resolution authorizing the purchase of four (4) light duty buses from Hoglund Bus Company Inc.
for the Transportation & Resource Management Department.
History/background: Iowa City currently is equipped with 14 light duty buses in our paratransit
fleet. The four buses up for replacement are 2006 model year buses. These units typically
have a useful life of 5 - 7 years.
Discussion of Solution: A Request for Proposal (RFP) was issued by the Iowa Department of
Transportation, which named the City of Iowa City as one of the agencies authorized to make
purchases from this RFP. The City of Iowa City was awarded Federal Transit Administration
grants for replacement of these vehicles that cover 80% - 85% of the cost of the replacement
vehicles.
Financial Impact: The cost of replacing the four light duty buses is $388,416 with Iowa City
being responsible for the local match equating to $63,118. These funds will come from the
Transportation & Resource Management Department bus replacement reserve.
Recommendation: It is the recommendation of the Transportation & Resource Management
Department to authorize the purchase of replacement light duty vehicles to Hoglund Bus
Company Inc.
M
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319)356-5156
RESOLUTION NO. 16-343
RESOLUTION AUTHORIZING THE PURCHASE OF (3) HEAVY DUTY BUSES FOR THE
TRANSPORTATION & RESOURCE MANAGEMENT DEPARTMENT FROM GILLIG LLC
WHEREAS, the City of Iowa City was included in a RFP for Heavy Duty buses issued by the Iowa
Department of Transportation; and
WHEREAS, the City of Iowa City received Federal Transit Administration grant funding for the replacement of
(3) heavy duty buses in our transit fleet; and
WHEREAS, the total cost of the procurement is $1,334,961 with the City of Iowa City being responsible for
the $222,495 local match; and
WHEREAS, the $1,334,961 total cost of the purchase exceeds the City Manager's spending authority of
$150,000, thus requiring City Council approval; and
WHEREAS, the local match will be funded out of the transit bus replacement reserve, (7151 — 71810280).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The proposed procurement as described is approved.
2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase.
Passed and approved this 6th day of DecembeE
/20 16
L
M OR
Approved by
ATTEST:ekrg46C12-//
CI ERK City Attorneys Office
It was moved by Botchway and seconded by Dickens the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
X Botchway
X Cole
X Dickens
X Mims
X Taylor
X Thomas
_X Throgmorton
CITY OF IOWA CITY
MEMORANDUM
Date: December 1, 2016
To: Geoff Fruin, Interim City Manager
From: Chris O'Brien, Director of Transportation & Resource Management
Re: Heavy Duty Bus Purchase
Introduction: At the December 6, 2016 City Council meeting, consideration will be given to a
resolution authorizing the purchase of three (3) heavy duty buses from Gillig LLC for the
Transportation & Resource Management Department.
History/background: Iowa City currently is equipped with 27 heavy duty buses in our transit
fleet. The three buses up for replacement are 1997 model year buses. These units typically
have a useful life of 12 -15 years.
Discussion of Solution: A Request for Proposal (RFP) was issued by the Iowa Department of
Transportation, which named the City of Iowa City as one of the agencies authorized to make
purchases from this RFP. The City of Iowa City was awarded Federal Transit Administration
grants for replacement of these vehicles that cover roughly 83% of the cost of the replacement
vehicles.
Financial Impact: The cost of replacing the three heavy duty buses is $1,334,961 with Iowa
City being responsible for the local match equating to $222,495. These funds will come from
the Transportation & Resource Management Department bus replacement reserve.
Recommendation: It is the recommendation of the Transportation & Resource Management
Department to authorize the purchase of replacement heavy duty vehicles to Gillig LLC.
-fecl�>
Prepared by: Juli Seydell Johnson, Director of Parks & Recreation 220 S. Gilbert St, Iowa City, IA 52240, (319)3565104
RESOLUTION NO. 16-344
RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 3, 2017 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE WETHERBY SPORT COURT PROJECT
2017, 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 accounts #R4342.
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 3rd day of January,
2017, 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 6th day of December _,20 16
M OR
ATTEST:
CI LERK
Approved by
-V) (,D / "-3C''��
City Attorney's Office
Resolution No.
Page 2
16-344
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
CITY OF IOWA CITY 4e(1)
MEMORANDUM
Date: November 29, 2016
To: Geoff Fruin, City Manager
From: Juli Seydell Johnson, Director of Parks and Recreation
Re: Consider a Resolution Setting a Public Hearing on January 3, 2017 on Plans,
Specifications, Form of Contract, and Estimate of Cost for the Construction of the
Wetherby Park Sport Court Project 2017.
Introduction:
This agenda item begins the bidding process for the Wetherby Park Sport Court
Construction Project 2017.
History / Background:
A need for additional recreational opportunities was identified for the Wetherby Park area. A
community meeting was held at the park to determine project priorities. The interest of
neighborhood youth and adults was the addition of a new multi-purpose sport court. Staff
applied and received a $75,000 Wellmark grant. Additional funding is available through CBDG
funds.
Discussion of Solution:
A public input meeting was held on September 28, 2016 at Wetherby Park. Top activities
identified at the public meeting include basketball and futsal (a form of soccer played on hard
surface). The Parks and Recreation Commission reviewed and recommended the plans for this
at their October 12, 2016 meeting.
Financial Impact:
The estimated cost for this project is $139,280. $75,000 was awarded in a Wellmark
grant. $64,280 is available from CDBG funds.
Recommendation:
Staff recommends proceeding with setting a public hearing for the plans, specifications, form of
contract, and estimate of cost for construction of the Mercer Park Tennis Court Construction
Project. The proposed project schedule will be as follows:
• January 3, 2017 — Hold Public Hearing on Contract Documents
• February 7, 2017 — Award Project
• March -June 30, 2017 — Construct Project
PRELIMINARY BUDGETARY OPINION OF PROBABLE CONSTRUCTION COST
CITY OF IOWA CITY
SNYDER & ASsoctATES WETHERBY PARK SPORT COURT IMPROVEMENTS
EnGnoun aM Planners
November 29, 2016
ITEM IDESCRIPTION
CITY
I UNIT
I UNIT PRICE
EXTENSION
1
MOBILIZATION
Mobilization
1
LS
$10,000
$10,00
2
GRADING
Earthwork & Erosion Control
1
1 LS
1 $5,0001
$5,00
3
HMA PAVEMENT
HMA Pavement, 5" Depth (94'X 120')
1,254
1 SY
$50
$62,70
Ganular Subbase, 6" Depth
1,254
SY
$10
$12,54
$75,24
4
COURT SURFACING AND STRUCTURES
Court Surfacing & Painting _
Basketball Hoop
1,254
4
_SY
EA
_ _ $10
$3,500
$12,54
$14,00
Futsal Goal
4
EA
$2,0001
$8,000
$34,54
5
FENCING (Galvanized Chainlink)
10' Ht. Fence, Posts & Footings
200
LF
$40
$8,00
$8,00
6
SEEDING, SURFACE RESTORATION
Seeding and Site Restoration
1
LS
$6,500
$6,50
Subtotal =
$139,28
Does not include: Lighting, Sidewalks, Benches, Drinking Fountain, or Plant Material
c:\snyder\pw_data\cschneckloth\d0111431\cost est 112916.xls
Prepared by: Juli Seydell Johnson, Director of Parks & Recreation 220 S. Gilbert St, Iowa City, IA 52240, (319)3555104
RESOLUTION NO.
RESOLUTION SETTI
PLANS, SPECIFICATIO
FOR THE CONSTRUCI
2017, DIRECTING CITY
AND DIRECTING THE CI
PUBLIC INSPECTION.
WHEREAS, funds for this project
and R4130.
A PUBLIC HEARING ON JANUARY 3, 2017
i, FORM OF CONTRACT, AND ESTIMATE OF ST
JN OF THE MERCER TENNIS COURT PROJECT
LERK TO PUBLISH NOTICE OF SAID EARING,
ENGINEER TO PLACE SAID PLANSON FILE FOR
in the Parks Maintey(ance Fund accounts #R4337
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF I A CITY, IOWA:
1. That a public hearing on the pl ns, specificati s, form of contract, and estimate of cost
for the construction of the above- entioned roject is to be held on the 3rd day of January,
2017, at 7:00 p.m. in the Emma J. Harvat all, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting o the ty Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby autho' d and directed to publish notice of the public hearing
for the above-named project in ne paper published at least once weekly and having a
general circulation in the City, of less han four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the p ns, specification , form of contract, and estimate of cost for the
construction of the ove-named projec is hereby ordered placed on file by the City
Engineer in the offs of the City Clerk for blic inspection.
Passed and
ATTEST:
CITY CLERK
day of
MAYOR
20
Approved by
3
City Attorney's Office
CITY OF IOWA CITY4e(2)
MEMORANDUM
Date: November 29, 2016
To: Geoff Fruin, City Manager
From: Juli Seydell Johnson, Director of Parks and Recreation
Re: Consider a Resolution Setting a Public Hearing on January 3, 2017 on Plans,
Specifications, Form of Contract, and Estimate of Cost for the Construction of the
Mercer Park Tennis Court Project 2017.
Introduction:
This agenda item begins the bidding process for the Mercer Park Tennis Court Construction
Project 2017.
History / Background:
Mercer Park tennis courts were constructed in 1974. The courts underwent crack repairs and
asphalt overlay in 1999. Additional cracking and surface deficiencies became apparent in
2013. Along with the court surface issues, the emerging growth and interest in the sport of
Pickle Ball in the community added a need for Pickle Ball courts. Prior to this project, Pickle Ball
was played on existing tennis courts and gymnasiums with temporary lines and portable net
systems.
Discussion of Solution:
The continued growth of Pickle Ball participant numbers in Iowa City led staff to look for options
for additional Pickle Ball courts in the community. All ideas were considered including adding
overlay lines to existing courts, repurposing existing underutilized tennis courts at Mercer Park,
or constructing stand-alone Pickle Ball courts at a new location. After careful consideration it
was recommended that three underutilized tennis courts at Mercer be repurposed to Pickle Ball
courts, providing eight Pickle Ball and three tennis courts to accommodate play. The Parks and
Recreation Commission reviewed and recommended the plans for this at their October 12, 2016
meeting.
Financial Impact:
The estimated cost for this project is $124,800 and will be funded from GO Bonds.
($67,000 in R4337 and $57,800 from R4130 Park Annual Improvements).
Recommendation:
Staff recommends proceeding with setting a public hearing for the plans, specifications, form of
contract, and estimate of cost for construction of the Mercer Park Tennis Court Construction
Project. The proposed project schedule will be as follows:
• January 3, 2017 — Hold Public Hearing on Contract Documents
• February 7, 2017 —Award Project
• March -June 30, 2017 — Construct Project
SNYDER & ASSOCIATES
E4.. o Piennon
BUDGETARY OPINION OF PROBABLE CONSTRUCTION COST
CITY OF IOWA CITY
MERCER PARK TENNIS COURT
November 29, 2016
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Prepared by: Kumi Moms, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240, (319)358.5082
RESOLUTION NO. 16-345
RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 3, 2017 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE CITY PARK CABIN RESTORATION PRO-
JECT, 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 and Recreation Department City Park
Cabin Restoration CIP account #R4187.
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 3d day of January,
2017, 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 6th day of December , 20 16
MAYOR
ATTEST: Va
CI RK
Ave by
City Attorney's Office
SAREOGovemment Bulldings and Facilities ManagemeniTmjects\City Park Cabin Restoration Prolect%Front ends and bid documentstSel Public Hearing
Project Resolution- City Park Cabin Restoration Project 12 06 2016.doc
11116
Resolution No. 16-345
Page 2
It was moved by Botchway and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
r
^„�•p�' CITY OF IOWA CITY 4e(3)
MEMORANDUM
DATE: NOVEMBER 29, 2016
TO: GEOFF FRUIN, CITY MANAGER
FROM: Kumi Morris, City Facility Manager, Parks and Recreation Department
RE: City Park Cabin Restoration Project- Considering a resolution to hold a
public hearing on January 3, 2017.
Introduction:
The restoration project will involve the preservation and rehabilitation of two significantly historic log
cabin structures in upper City Park. The cabins were constructed by the Old Settler's Association
of Johnson County, and are both individually listed on the National Register of Historic Places
(c.1889 and 1913), they are significant examples of the country's first generation of log houses and
a visual reminder of Iowa's pioneering past.
Since the late 1990s the cabins have remain dormant and have fallen into dire disrepair. The
cabins were deemed unfit and unsafe for any programming or even basic interior access, and were
officially closed in 2009. The foundation, structure and roofs have deteriorated over time and
require specialized restoration following preservation guidelines and rehabilitation to the Secretary
of Interior's Standards due to their historic designation.
The project is also partially supported by a grant from the Historic Resource Development Program;
the grant is to restore the roof structures of both cabins.
The project will be bid with six separate line items prioritizing the repairs in the project:
1. Roof repairs- structurally repairing or replacing the roof rafters with salvaged old growth
boards, felt and split shake shingles.
2. Foundation repairs- requires lifting existing log structures and hand digging the trench
footing for the new foundation to shore and square up the existing structures, and to allow
the log buildings to have natural air circulation to reduce moisture and further deterioration.
3. Flooring repairs- repairing the rotted floorjoists to rehabilitated condition with salvaged old
growth boards.
4. Window and Door repairs- windows are currently boarded up and have been augmented,
they will be restored. There are as many as six types of window designs on the structures.
5. Log rehabilitation and restoration- the two log cabin structures have different structural
constructions and assemblies and will require specialized repair and replacement for each
individual building.
6. Concrete and site work.
It should be noted, that due to the extent of restoration and costs, all items may not be
accomplished under this contract. The intent is to maximize the repairs within the current allocated
funds, to expedite the stabilization of the current structures from further deterioration, and plan for
future phases.
Page 2
Timeline:
The project will occur in planned phases to start as early as April 2017 and completion in November
of 2017.
Financial Impact:
The base bid estimated construction budget is $190,500.00
The funds for this project are in the Parks and Recreation City Park Cabin Restoration CIP account
#R4187.
Recommendation:
Staff recommends proceeding with approving plans and specifications on January 3, 2017 for the
City Park Cabin Restoration Project.
S.IREQGov nmenl Buildings and Facilities ManagementlPmjectsk0ty Park Cabin Restoration ProjeclTwt ends and bid documentsWemo to City Manager- CABIN
RESTORATION PROJECT 11 29 2016.doc
rT M-"117
Prepared by: Dave Panos, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240,(319)356-5145
RESOLUTION NO. 16-346
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
AGREEMENT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
FRAUENHOLTZ-MILLER PARK PROJECT 2016, ESTABLISHING AMOUNT
OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
POST NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held;
and
WHEREAS, the City Engineer or designee intends to post notice of the project on the website
owned and maintained by the City of Iowa City; and
WHEREAS, funds for this project are available in the Parks Maintenance Fund account #
R4137.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated
by the Master Builder of Iowa, and the Iowa League of Cities website.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 27th day of
December, 2017. At that time, the bids will be opened by the City Engineer or his
designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for
action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall,
City Hall, Iowa City, Iowa, at 7:00 p.m. on the 3`d day of January, 2016, or at a special
meeting called for that purpose.
Passed and approved this 6th day of Decembeerr2 16
M#eYL
OR
Approved by
ATTEST:
CI LERK City Attorney's Office /
pwen9WastersVes appp8s.doc 11116
Resolution No. 16-346
Page 2
It was moved by Dickens and seconded by
Resolution be adopted, and upon roll call there were:
AYES
NAYS: ABSENT: ABSTAIN:
Mims
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
the
Prepared by: Soott Savers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319)356-5142
RESOLUTION NO. 16-347
RESOLUTION ESTABLISHING THE LOCATION FOR PROPOSED SIDEWALKS AS
NECESSARY TO COMMENCE FINAL DESIGN SERVICES FOR THE DOUGLASS
STREET AND DOUGLASS COURT WATER MAIN REPLACEMENT PROJECT.
WHEREAS, the City of Iowa City desires to construct the Douglass Street and Douglass Court Water Main
Replacement Project ("Project") which includes the replacement of aging water main with a history of breaks;
and
WHEREAS, City staff has recommended four -foot sidewalks be incorporated on the north side of Douglass
Street and the inside (generally the north side) of Douglass Court; and
WHEREAS, the Council has considered input and needs of the community;
WHEREAS, funds for this project are available in the Douglass Street and Douglass Court Water Main
Replacement account #W3223.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT: For purposes of the Douglass Street and Douglass Court Water Main Replacement Project, which is
currently planned for bid letting in 2017, it is in the best interests of the City of Iowa City and it residents to
exclude sidewalk construction on the project.
Passed and approved this 6th day of December . 2016.
MAYOR
\` Approved by
ATTEST: �1 %r2o % rc//e1G%✓�Gt
CITY -CLERK City Attorneys Office /Z /144�1
It was moved by Mims and seconded by Botchway the Resolution be adopted,
and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Botchway
X
Cole
X
Dickens
X
Mims
X
Taylor
X Thomas
X
Throgmorton
12-06-16
Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52 40; (319)356-5142 8
RESOLUTION NO.
RESOLUTION ESTABLISHING THE LOCATION FORPROPO D SIDEWALKS AS
NECESSARY TO COMMENCE FINAL DESIGN SERVICES OR THE DOUGLASS
STREET ANDD GLASS COURT WATER MAIN REPLACEM NT PROJECT.
WHEREAS, the City of to a City desires to construct the Douglass eet and Douglass Court Water Main
Replacement Project ("Proj ct") which includes the replacement of REPLY
Ing water main with a history of breaks;
and
WHEREAS, considering the 'mpact that the proposed wa r main replacement would have on the
neighborhood, the adopted co plete streets policy and Co ncil's strategic plan priority to foster healthy
neighborhoods throughout the Ci\nh
so desires to i orporate sidewalks with the project; and
WHEREAS, City staff has recomr-foot sidew Iks be incorporated on the north side of Douglass
Street and the inside (generally t) of Dougl s Court; and
WHEREAS, the Council has conand n ds of the community;
WHEREAS, funds for this projeable n the Douglass Street and Douglass Court Water Main
Replacement account #W3223.
NOW, THEREFORE, BE IT RESOLVED DBr HE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT: For purposes of the lass
Strep, an Douglass Court Water Main Replacement Project, which is
currently planned for bid letting in 2017, iVis int best interests of the City of Iowa City and it residents to
add four -foot sidewalks on the north si a of Do lass Street and the inside (generally the north side) of
Douglass Court.
Passed and approved this
ATTEST:
It was moved by
and upon roll call
were:
day of N 12016.
MAYOR
Approved by
City Attor)ey's Office //
and seconded by
NAYS: ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
the Resolution be adopted,
N
.11-4
.will* A11mom
CITY OF IOWA CITY
MEMORANDUM
DATE: November 28, 2016
TO: Geoff Fruin, City Manager
FROM: Jason Havel, City Engineer JR
2A-1
RE: Douglass Street and Douglass Court Water Main Replacement Project —
Proposed Sidewalks
Introduction:
The Douglass Street and Douglass Court Water Main Replacement Project involves the
replacement of aging water main with a history of breaks. This memo outlines options for
sidewalk installation to be completed with this project.
History/Background:
The existing 6 -inch ductile iron water main within the project limits has reached the end of its
service life. As a consequence, there have been approximately 10 to 15 breaks since 1992.
The aforementioned breaks not only inconvenience the residents, but also require emergency
efforts on behalf of the City's Water Division.
In August 2015, Veenstra and Kimm was hired by the City to provide engineering services for
the replacement of the water main on Douglass Street and Douglass Court. With the absence
of sidewalk within the neighborhood, the City also requested the Consultant to prepare a
preliminary sidewalk layout (for future construction) that meets the American with Disabilities Act
(ADA), City Code and the adopted complete streets policy.
Discussion of Solutions:
During the conceptual design phase of the project, it was discovered that the majority of the
existing water services were located within the driveway approaches. In order to reconnect the
services to the new main, as well as provide an ADA compliant slope across the drive for a
future sidewalk, temporary easements would be required for all 53 properties.
Given the impact/disruption that the proposed water main replacement project would have on
residents, in addition to the City's pedestrian accessibility goals, the installation of sidewalks on
both sides of Douglass Street and Douglass Court was incorporated into the project.
Subsequently, Council/Staff received several questions, comments and concerns from
residents/property owners regarding the incorporation of sidewalks on both sides of Douglass
Street and Douglass Court. Hearing these concerns, the City decreased the width of the
sidewalk from the standard 5 foot to 4 foot as well as developed the following three options for
analysis/consideration:
4 foot wide sidewalks on both sides of Douglass Street and Douglass Court. This was
the original option presented at a public open house meeting with some slight
adjustments to the sidewalk alignment attempting to save and/or minimize impacts to
privately owned trees.
2. 4 foot wide sidewalks on one side of Douglass Street and Douglass Court. The intent
under this option was that the 4 foot sidewalk would be placed on the same side as the
water main. The proposed location of the water main is on the north side of both
Douglass Street and Douglass Court.
November 28, 2016
Page 2
3. The elimination of sidewalks on both sides of Douglass Street and Douglass Court. This
final option would remove proposed sidewalks from the overall project.
In order to aid the City in appropriately evaluating each option, an arborist was hired to
determine the overall health and condition of the trees within the neighborhood that could be
impacted by sidewalk and water main construction. The evaluation/assessment of 47 public
and private trees within the project corridor was completed this summer. In summary, the
assessment indicated the majority of the trees within the project corridor have a higher
likelihood of some type of failure with a higher likelihood of impacting property and homes.
Financial Impact:
Engineer's opinion of probable construction cost were prepared for each of the three options.
The estimated cost listed below excludes engineering, right-of-way and construction
observation/administration:
1. 4 foot wide sidewalks on both sides of Douglass St & Douglass Ct = $550,000
2. 4 foot wide sidewalks on one side of Douglass St & Douglass Ct = $477,000
3. The elimination of sidewalks on both sides of Douglass St & Douglass Ct = $407,000
This additional cost associated with sidewalk construction will be covered by water fund
proceeds.
Recommendation:
Considering the condition of the existing trees within the project corridor and the impacts that
the water main construction will have on property frontages, along with the City's pedestrian
accessibility goals and the adopted complete streets policy, City Staff is recommending to
Council to proceed with option #2 - 4 foot wide sidewalks on one side of Douglass Street and
Douglass Court (see attached plan).
Marian Karr
From:
Mal Stroik <kiortsm@gmail.com>
Sent:
Wednesday, November 30, 2016 10:17 PM
To:
Council
Subject:
Sidewalk proposal for Douglass St./Ct.
To whom it may concern:
This is in regards to the proposed sidewalks that the city wants to put in on Douglass Street and Douglass
Court. After meeting with the neighborhood a couple of times and hearing our concerns, the city has adjusted
their plan. The latest proposal from the city is to put in sidewalks on the north sides of Douglass Street and
Douglass Court instead of on both sides.
I would like to outline the neighborhood concerns:
1. Several mature trees would need to be cut down. According to the plan, it's a total of 14. I don't think it can
be overstated that that's a lot of trees! Our neighborhood is over 50 years old and most of the trees are mature,
big trees that provide privacy and shade. They also make our neighborhood more beautiful. Getting rid of that
many trees would be a travesty on so many levels.
2. Adding sidewalks would result in more cars having to park on the street. With sidewalks, people would no
longer be able to park 2 cars in their driveways. The streets are already full of parked cars because there are so
many renters. Also, since our streets are so narrow, we can only park on one side of the street. I believe with
sidewalks, we would not have enough room for everyone to park their cars in our neighborhood. That would be
absolutely ridiculous.
3. Privacy is a huge issue regarding the sidewalks. Our properties are unique in that they are wider than they
are deep. Our houses sit less than 30 feet from the curb. The proposed sidewalks would be 6 feet from the curb
and then 4 feet wide. That puts the edge of the sidewalk less than 20 feet from our front doors and our large
picture windows. I don't want to live in a neighborhood where people can see right into my living room as they
walk by and I certainly don't want to live in a neighborhood where I have to keep my blinds closed.
4. The proposal is for sidewalks to go on the north sides of Douglass Street and Douglass Court. I'm guessing
this is out of convenience because this is where the new water main is going. I don't think this was thought
through and just proposed because it's easier. I think you need to take into account the side of the street that
people can park on. On Douglass Court, the cars would be parked on the opposite side of the street as the
sidewalks. On Douglass Street, the cars would be on the same side of the street as the cars can park. I think we
need to stay consistent. I would think that we would want cars to park on the same side as sidewalks so that
people can park and utilize the sidewalk to get to their house.
5. If you really wanted to make the neighborhood "walkable", adding sidewalks to just one side would not do
the job. If an outsider looked at this plan or saw our neighborhood afterwards with sidewalks on one side, they
would wonder what we were thinking because of how weird it would look. If I wanted to take a walk around
the block, sidewalks on one side would not be helpful, I would still have to cross the street multiple times. And
not to state the obvious again, but our block is a dead end. People don't need to be in our neighborhood unless
they live here. That's a huge reason why most of us bought our houses, it's a quiet area with no outside traffic.
6. The proposal has the sidewalks being placed 6 feet from the curb. There is absolutely no reason for this. The
official reason that the city gave us was that that space would be used by the snow plows to plow snow into that
6 foot area. As stated above, the streets will be full of cars, therefore, plowing will not really happen. First off,
our neighborhood is one of the lowest priorities for the city due to the fact that it's a dead end, so sometimes we
never even get plowed. Second, with all of the cars on the streets due to the proposed sidewalks, they won't be
able to plow anyway. Even if they could plow, that 6 feet of grass would wind up being garbage grass due to
the piles of snow and salt built up on it. We would never be able to keep that grass healthy, it might as well be
concrete.
It's possible if the sidewalks were placed next to the curb, we could still be able to park 2 cars in our driveways.
Also, we could save many more trees if the sidewalks were placed next to the curb.
The bottom line is, sidewalks 6 feet from the curb is entirely unnecessary. If it's determined that we must have
sidewalks for some reason, moving them up to the curb would solve a lot of issues with this proposal.
7. The sidewalks were proposed to be put in due to the city's "complete streets" policy. There are exceptions to
opt out of the policy.
Here's one that applies in this case:
"Where the Average Daily Traffic count (ADT) is projected to be less than 1,000 vehicles per day over the life
of the project."
This alone should stop the sidewalk project from happening. We have nowhere near 1,000 vehicles per day
drive through our neighborhood. If the city did not do this assessment, that was a huge oversight.
I hope the council considers all of these concerns. Nobody in our neighborhood wants the sidewalk, therefore
they should not be forced upon us. We don't want our beautiful, mature neighborhood to tum into a concrete
jungle. Spend the money on something useful.
Thank you,
Mallory Stroik
316 Douglass Court
Marian Karr
From:
Paula Swygard <pswygard@gmail.com>
Sent:
Wednesday, November 30, 2016 8:06 PM
To:
Council; Jim Throgmorton; Susan Mims; Rockne Cole; Kingsley Botchway; John Thomas;
Pauline Taylor; Terry Dickens
Subject:
Douglass St / Douglass Ct Sidewalks
Attachments:
Douglass St - Douglass Ct - Swygard.pdf
Dear Members of the Iowa City City Council,
While I am pleased to see that the plans for sidewalks along Douglass St / Douglass Ct have been revised, I feel
there is still room for refinement to retrofit sidewalks in an established neighborhood and to utilize context
sensitive design principles.
Specifically, I am concerned about the revised design's
1) Impact on parking,
2) Effect of construction on tree health and tree removal,
3) Effect on yard space,
4) Effect on privacy.
Please take a few minutes to review my concems and tour the neighborhood via the attached.
Thank you for your time,
Paula Swygard
Douglass St & Douglass Ct
Sidewalk Project
Paula Swygard
Douglass Ct & St Neighborhood
• Compact "affordable' neighborhood established in 1955
• Cul-de-sac/loop design --) 1 entrance -exit into neighborhood from Orchard
• 30 homes on 'outside' circle
• 20 homes on "inside" circle
• Only one side parking permitted along 'outside'
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History of Neighborhood
- Platted in 1954
- Homes were manufactured in a World War Il aviation factory and
assembled on site.
- Slab Construction — no basements, no attics.
- Most homes have attached garages — most used for storage which is
lacking in these small homes.
- Small, flat lots with shallow front yards — averaging between 18' and
30' deep to the curb. Equally small back yards.
- Majority of homes range from 672- 920 sq. ft., with most
being between 768-792 sq. ft.
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Before and After
Original Sidewalk Proposal
4 foot wide sidewalks both sides of street
6 foot between sidewalk and curb
Revised Sidewalk Proposal
Sidewalks on the north side of Douglass St & Douglass Ct, and along the
east and west ends of Douglass Ct as connector sidewalks. Plan still calls
for 4 ft sidewalks, 6 ft from curb
Impact of this plan on neighborhood
• Impact on parking
• Tree removal and effects on tree health
• Effect on yard space
• Effect on privacy
Impact on Parking
• 2 cars occupy the entire driveway
• Added sidewalks force owner to park 2" a car in the street to avoid
blocking sidewalk
• One side street parking throughout neighborhood limits parking space
availability
Driveways and Parking
Driveways are single car drives. Sidewalk will limit the number
of cars that can be parked in a driveway to one vehicle forcing
other cars onto the street. On -street parking impacts city leaf and
snow removal
Ri
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Two cars in driveway occupy entire space
Impact on Parking
3-4 cars parked in driveways to get cars safely off the street
Very limited on -street parking where streets curve
I�W_
Parking on the street
• 1 vehicle can occupy all of the available space
• 3 cars bumper to bumper can become very crowded leaving no extra
parking space
Neighborhood Trees
Original Plan would have removed trees marked by blue X. Many trees
will now be spared under the revised sidewalk plan. Trees will still be
removed on the north side of Douglass St, the north side of Douglass
Court, and at the east end of Douglass Ct.
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Play Area
• Lack of space in driveways & yards, and lack of traffic allows kids to play in the street safely
• Proposed sidewalks encroach into the limited front area and the feeling of
space in the already compact yards and neighborhood design.
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Design contributes to the perception of safety and comfort
Original markings for sidewalks that were never installed are still visible at the
end of driveways. They are 4 ft. from the curb for 4 ft. sidewalks. Still allows
stack space for snow & leaves
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Considerations
• The project, while improved, still needs refinement regarding sidewalk
placement from the curb to retrofit sidewalks into an established
neighborhood with the goal of Context Sensitive Design per the Complete
Streets Policy
• Vehicular traffic is of low speed and averages less than 350 per day - 7 trips
per home (50) [per City standardized calculations]
• Precedent - Sidewalks are located closer to the curb in many city areas:
along Benton St & Horn School & to the west along Benton they are nearly
curbside, sidewalks along Melrose Ct., which handles heavy vehicular and
pedestrian traffic to UIHC, are curbside.
• The sidewalks will change the character of the neighborhood by dividing
the limited frontages and encroaching into the feeling of space in the
already compact yards and neighborhood design.
• Due to flat, shallow front and side yards, the proposed sidewalk placement
will bring a passerby too close to occupants and at eye -level.
Retrofitting Sidewalks - Hudson Ave
• Sidewalks installed around 3 years ago
• Sidewalk curves for the tree, set back is reduced
• Context sensitive design
• Busy connector street in Miller Orchard with average daily traffic count +900
.4516 60),214.620]
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Retrofitting Sidewalks - Miller Ave
Sidewalk curves for the tree so set back is reduced
Context sensitive design
Busy connector street in Miller Orchard with average daily traffic count +900
Looking.south on Miller.
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Context Sensitive Design
Context Sensitive Design is the art of creating public works projects that
meet the needs of the users, the neighboring communities, and the
environment. It integrates projects into the context or setting in a sensitive
manner through careful planning, consideration of different perspectives,
and tailoring designs to particular project circumstances.
(www.cts.uinn.edu/education/csd/index.htmi)
by the Minnesota Department of Transportation
Context sensitive solutions (CSS) is a collaborative, interdisciplinary
approach that involves all stakeholders to develop a transportation facility
that fits its physical setting and preserves scenic, aesthetic, historic and
environmental resources, while maintaining safety and mobility. CSS is an
approach that considers the total context within which a transportation
improvement project will exist." -- Federal Highway Administration (FHWA)
Context sensitive design
Retrofitting sidewalks
Exempt the neighborhood from the Complete Streets policy
OR
Apply the policy, but adjust sidewalk placement
Place sidewalks curbside or reduce the set back from 6 ft to 3-4 ft or less in
some areas to:
Retrofit sidewalks to match original sidewalk placement planned for
area = 4 ft from the curb. Still allows stack space for snow, etc.
Allow parking end-to-end in some drives
Lessen impact on tree health
Preserve privacy
Maintain the feeling of space and neighborhood character
Suzanne and Joel Erenberger
204 Douglass Court
Iowa City, IA 52240
November 30, 2016
Iowa City Council Members
410 E. Washington Street
Iowa City, IA 52240
Dear Council Members:
0
Late Handouts Distributed
V)\ -s W,
(Date)
We are in receipt of the letter dated November 17, 2016 from the City regarding the Douglass Street and Douglass
Court water main improvements.
We understand and do not object to replacing the waterlines. However, we still do not believe putting in sidewalks
are necessary nor do we feel this is a fiscally responsible way to spend tax dollars. As we stated in previous
correspondence, there are a multitude of areas in Iowa City that need to have sidewalks so the area is more
"accessible," but this is not one of them. We also believe in terms of the affects on our neighborhood, the proposed
sidewalks would:
1. Create an invasion of privacy for many residents due to the placement of the sidewalks so close to their homes;
2. Negatively change the esthetics of the neighborhood with the removal of numerous trees and plantings and
installation of sidewalks;
3. Have a negative impact on the environment by increasing each homes carbon footprint due to the removal of
the trees and plantings and installation of concrete, which retains heat; and
4. Create a physical and/or financial burden on residents due to snow removal and higher electric bills when trying to
cool their home due to the removal of the trees and plantings and installation of more concrete, which
retains heat.
Regarding the arborist's opinion, it is simply one person's opinion.C:1
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Sincerely,
Suzanne and Joel Erenberger
The City of Iowa City does not have our permission to scan this letter or turn it into any electronic or digital format.
Marian Karr
From:
Sent:
To:
Subject:
To whom it may concern:
Erin Casey <erincasey09@gmail.com>
Monday, December 05, 2016 11:13 AM
Council
Sidewalk Proposal for Douglass St/Ct for 12/6/2016 Meeting
0
Late Handouts Distributed
rl. �5O
(Date)
I am writing in regards to the proposed sideways that the city wants to put in on Douglass Street and Douglass
Court. While I understand that the city is doing this in an effort to help with walkability and likely to
accommodate for the new water main, I'm concerned about the negative impact on our community.
Parking at this time is acceptable because driveways are longer and the street has more space for cars to park.
An addition of sidewalks will severely impact the amount of parking. Homeowners will be forced to park on the
street as their driveway, in some cases, will be cut in half. This not only makes driving through that area more
congested, but it cuts down on the play area for kids and also makes it more likely that a car could be damaged.
Homeowners sometimes don't feel comfortable leaving their cars on the street, and it makes it complicated for
snowplows to come through when the weather gets bad. It would be better if we could keep our cars in the
driveway.
Several of the homes have fenced -in areas. The proposal will require fences to be removed and pushed back and
property trees to be cut down. Some of the trees, yes, aren't healthy enough to remain, but many properties still
have very healthy trees. My property personally has two young trees that would need to be removed according
to the proposed changes. Other homeowners are very fond of their trees, which also provide more privacy,
shade, and aesthetic beauty. Fencing will need to be pushed in which complicates matters for homeowners. I
fear the value of the property will go down with space being removed. hi addition, fencing may be damaged in
the reinstallation.
Privacy is also a very big issue. With the sidewalks being put so close to homes, it's easier for people to look
inside and also come closer to your home. At this time, I feel safe in my community, but I don't know if I would
feel as safe or comfortable if I knew people could easily look inside or would be so close to my car/door when I
leave during the day and night. The extra space is comforting.
Part of the reason I moved to Douglass Street 4 months ago is because of the aesthetic beauty, the peaceful
neighborhood, extra parking, the freedom for kids to play, and the privacy. By adding in the sidewalks, I feel
like most of those positive qualities will be abolished.
Please consider not putting the sidewalks in at Douglass Street and Douglass Court. Adding the sidewalks will,
in short, very much change the way of living and affect many homeowners. We want to feel safe and have
plenty of space where we can park and kids can play.
Thank you,
Erin Casey
301 Douglass St.
Erin Casey
Iowa Writers' House
Data Coordinator/Room Coordinator
The Violet Realm (sub -community of the Iowa Writers' House)
Concierge
e: erincasev090a,gnail.com
www.iowawritershouse.com
2017 Douglass Street and Douglass Court
Water Main Replacement Project
Background
• Existing 6 -inch water main was constructed in 1955
• Approximately 10 to 15 breaks since 1992
• Inconvenience to residents
• Emergency efforts required on
behalf of the Water Division
matt
CITY OF IOWA CITY
2017 Douglass Street and Douglass Court
Water Main Replacement Project
Background (Cont.)
• Consultant was hired in August 2015
• Scope of Services included sidewalk concept plan
• Plan to meet ADA, City Code, and Complete Streets
• Construction of sidewalk on a future project
matt
CITY OF IOWA CITY
2017 Douglass Street and Douglass Court
Water Main Replacement Project
Addition of Sidewalk Construction into Project
• Location of existing water services requires temporary
easements for all 53 properties
• Impact/disruption
• Plan to meet ADA, City Code, and Complete Streets
matt
CITY OF IOWA CITY
• Sidewalk construction was incorporated into the project
2017 Douglass Street and Douglass Court
Water Main Replacement Project
Public Involvement
• Public open house on December 10, 2015
CITY OF IOWA CITY
• Preliminary plan included 5 ft sidewalks both sides Douglass
Street and Douglass Court
2017 Douglass Street and Douglass Court
Water Main Replacement Project
Revisions to the Plan
• Questions, Comments and Concerns received
• Examined locations where sidewalk could be adjusted
to preserve existing trees and landscaping
Desire to maintain parkway area for snow storage
• Neighborhood meeting on April 28, 2016
matt
CITY OF IOWA CITY
2017 Douglass Street and Douglass Court
Water Main Replacement Project
Analysis of Alternatives
CITY OF IOWA CITY
• Additional Questions, Comments and Concerns received
• Development of three options for analysis/consideration:
1) 4 foot wide sidewalks on both sides of Douglass St & Douglass Ct
2) 4 foot wide sidewalks on one side of Douglass St & Douglass Ct
3) Elimination of sidewalks on both sides of Douglass St & Douglass Ct
• Hired an arborist to determine health/condition of existing trees
that are within project construction limits
2017 Douglass Street and Douglass Court
Water Main Replacement Project
Analysis of Alternatives (Cont.)
• Analysis of 47 public and private trees
CITY OF IOWA CITY
• 36 of the 47 trees were categorized as extreme, high or
moderate risk and were recommended for removal
• Remaining 11 trees were recommended for further assessment
_tom•.;`
Storm Damage June 2016
2017 Douglass Street and Douglass Court
Water Main Replacement Project
Other Factors Considered in Recommendation
CITY OF IOWA CITY
• On -Street Parking Permitted
North side of Douglass Street
South side of Douglass Court
• Private amenities (landscaping, fencing, etc.) will either be
removed and reinstalled or compensation will be provided
• Appropriate separation between street and sidewalk for
snow storage (6 ft min.). Maybe adjusted at isolated locations
to protect existing trees.
2017 Douglass Street and Douglass Court
Water Main Replacement Project
Recommendation
CITY OF IOWA CITY
• Option 2 - 4 foot wide sidewalks on the north side of Douglass
St and the inside (generally the north side) of Douglass Ct
• Sidewalk on the same side as proposed water main
• Located within existing street right-of-way
• No additional tree removal above what is needed for
water main installation
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DOUGLASS ST 6 DOUGLASS CT
OFMN I - SIDEWALKON
WATER MAIN ROUTE ONLY
11-22-2016
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DOUGLASS ST 6 DOUGLASS CT
OFMN I - SIDEWALKON
WATER MAIN ROUTE ONLY
11-22-2016
I
Prepared by: Tracy Hightshoe, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5244
RESOLUTION NO. 16-348
RESOLUTION IN SUPPORT OF THE APPLICATION OF MONARK, LLC FOR
WORKFORCE HOUSING TAX INCENTIVES PROGRAM FROM THE IOWA ECONOMIC
DEVELOPMENT AUTHORITY TO CONSTRUCT RESIDENTIAL HOUSING AT 7 S. LINN
STREET AND COMMITTING LOCAL FUNDS TO THE PROJECT.
WHEREAS, Monark, LLC intends to apply for Workforce Housing Tax Incentives from the Iowa
Economic Development Authority to assist financing the construction of residential housing at 7
S. Linn Street;
WHEREAS, as part of the application, the developer requires a resolution by the City
supporting the application and committing local funds;
WHEREAS, timing is critical as the Iowa Economic Development Authority is accepting
applications on a continuous basis and reviews applications in the order received; and
WHEREAS, it is in the best interest of the City to support this residential housing project
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City supports the Monark, LLC application for Workforce Housing Tax incentives.
2. The application will include a request for Workforce Housing Tax Incentives for up to 36
dwelling units in the total development.
3. The City commits to providing a local match equal to at least $1,000 per dwelling unit,
and shall enter an agreement with the applicant for such funds.
4. The City Manager is authorized to sign said agreement.
Passed and approved this 6th day of December , 2016.
MOOR
Approved b�
ATTEST: l I - 30
C C RK City Attomey's Office
Resolution No.
Page 2
It was moved by Mims and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
r
_._
�:��°�►;��, CITY OF IOWA CITY 9
Clry of IOWA Clry
MEMORANDUM
UNESCO CIN OF UTERATURE
Date: November 28, 2016
To: Geoff Fruin, City Manager
From: Tracy Hightshoe, Neighborhood Services Coordinator
Re: Workforce Housing Tax Credits - 7 S. Linn Street Property (former Van Patten
house)
Introduction:
In February of 2015 the Iowa Economic Development Authority (IEDA) started accepting
applications for Workforce Housing Tax Credits. The purpose of the program is to assist the
development of workforce housing in Iowa communities by providing incentives for housing projects
that are targeted at middle-income households and that focus on the redevelopment or repurposing
of existing structures. Housing developers are eligible to receive a refund of state sales, service or
use taxes paid during construction and an investment tax credit up to a maximum of 10% of the
investment directly related to the construction or rehabilitation of housing. There are no rental
restrictions or income limitations for the assisted dwelling units, but the average dwelling unit cost
may not exceed $200,000 for new construction.
Monark, LLC requests a resolution of support, as well as a commitment to provide $36,000 in local
matching funds, to apply for Workforce Housing Tax Credits for new residential units at 7 S. Linn
Street.
History/Background:
The Van Patten house was severely damaged by a fire on September 24, 2011. The building was
demolished due to safety issues and the lot is currently vacant. In June of 2016, the City did not
approve a resolution of support for the Monark, LLC Workforce Housing Tax Credit application for
the property at 7 S. Linn Street. The Monark, LLC project was a 14 -story mixed use development
with retail, commercial and a total of 72 residential units. The project did not proceed.
Kevin Monson, the Managing Partner of Monark, LLC, has revised the project. He is proposing to
build a mixed-use seven story building at this site. The new proposal includes retail/office space on
the first floor, 24 studio apartments (approximately 300 SF each) and 12 one -bedroom apartments
(approximately 500 square feet) on floors two through seven. Monark, LLC is requesting City support
of a Workforce Housing Tax Credit application for all 36 residential units.
The target market for these units is professionals, retirees and graduate students looking for
affordable, non -undergraduate housing in the downtown core. The building will be designed to LEED
standards and will have solar panels on the roof.
Financial Impact:
To be eligible for the program the applicant must receive a resolution of support from the City
Council and the City must provide at least a $1,000 per dwelling unit match. The applicant requests
that all the units be considered for the program, which would require a $36,000 City match.
Matching funds can be in the form of cash or local property tax exemption, rebate, refund or
reimbursement.
Recommendation:
The proposed project is in compliance with the CB -10 zoning requirements. Required on-site
parking spaces (18) were waived by the Board of Adjustment; however the developer is still required
to pay the fee in lieu of providing on-site parking. The Board of Adjustment also required that the
November 30, 2016
Page 2
exterior design is subject to Design Review Committee approval. As with all construction projects,
building plans will need to be approved administratively to obtain a building permit.
The applicant requests a resolution of support and documentation of project match so that an
application can be filed as soon as possible. IEDA is accepting applications on a continuous first
come, first served based. IEDA is currently registering projects for FY18, which begins July 1,
2017. Once FY18 funds are depleted, they will begin registering projects for FY19.
Staff recommends submitting a resolution of support and committing the required minimum project
match of $36,000 in order for the project to be considered for Workforce Housing Tax Credits. The
concept is attached for your review. The developer will be present at the Council meeting for any
questions.
Prepared by: Douglas Boothroy, Director, Neighborhood and Development Services, 410 E. Washington Street, Iowa City, IA
52240 (319) 356-5121
RESOLUTION NO. 16-349
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND
OPTICOS DESIGN, INC. TO PROVIDE CONSULTANT SERVICES FOR THE CITY OF IOWA CITY
FORM -BASED CODE ANALYSIS AND PARKING IMPACT STUDY.
WHEREAS, the City of Iowa City desires to do a form -based code analysis and concept plans for the
South District and Northside areas and a Parking Impact Study for the near downtown neighborhoods;
and
WHEREAS, the City of Iowa City desires to expand the use of form -based codes and the "Missing Middle
Housing" concept in achieving the City's stated goals for, economic development, housing affordability,
neighborhood livability, walkability, safety, sustainability, and health and wellness; and
WHEREAS, the City desires the services of a form -based consulting firm to prepare a Form -Based Code
Analysis, Concept Plans and Parking Impact Study; and
WHEREAS, The City used the Request For Proposal process to select Opticos Design, Inc. as the Form -
Based Code Consultant; and
WHEREAS, the City of Iowa City has negotiated a Consultant Agreement with Opticos Design, Inc. to provide
said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with Opticos Design, Inc.; and
WHEREAS, the total cost of the consulting services is not to exceed $162,145; and
WHEREAS, funds for this project are included in the Fiscal Year 2017 Budget
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The City Manager and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
2. The City Manager is authorized to execute contract amendments that are deemed necessary to
complete the above-named project.
Passed and approved this 6th day of December . 2016.
MA OR
Approved by
ATTEST: n l pj l 6
CI ERK itityAttorneys Office
Resolution No. 16-349
Page 2
It was moved by Botchway and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
x Dickens
x Mims
x Taylor
x Thomas
x Throgmorton
Page 1 of 9
SECTION V. CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of November
2n 1 F , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as
the CITY and Opticos Design, Inc. of hereinafter referred to as the CONSULTANT.
WHEREAS, the CONSULTANT will develop concept plans and a report with recommendations for
implementation of a form -based code and "missing middle housing" for undeveloped areas of Iowa City's
South District and for the established Northside neighborhood The Consultant will also provide an
analysis of and recommendations to address parking demand issues in near -downtown neighborhoods.
NOW TIIEREEORE, 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. CONTRACT REQUIREMENTS
CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and
satisfactory manner.
A. SCOPE OF WORK
The Scope of Work shall include mapping and analysis of existing conditions in the two
subject areas, meetings with area stakeholders and City staff, public workshops, development
of 3-D development models, and a final project direction report outlining the opportunities,
obstacles, and recommended direction for implementing a form -based code in the subject
areas. The parking and transportation scope of services will include analysis and
recommendations for balancing residential, commuter and visitor parking demand in near -
downtown neighborhoods, and recommendations for street pattern and design in the South
District.
B. PROJECT TASKS
In order to fulfill these requirements the Consultant will be responsible for the following
tasks which address both project areas and share some tasks for efficiency, resulting in a
Project Direction Report that identifies the community's direction for implementing
expanded use of form -based codes; and strategies for addressing parking issues in the near
downtown neighborhoods.
Task 1: Proiect Initiation and Visit 1 Preparation:
Background Information. Gather background information and prepare base maps for South
District and Northside Neighborhoods. Prior to generating the base maps, Consultant will
communicate with City staff about the size(s) of the base maps.
Analysis Maps. Prepare analysis maps of South District and Northside project areas. Prior
to generating the analysis maps, Consultant will communicate with City staff about the topics
and content to be analyzed and shown on the maps. Consultant will deliver the maps prior to
or at the beginning of Visit 1,
Stakeholders. Coordination of stakeholders and groups to be interviewed.
Page 2 of 9
Logistics. Coordination of logistics with City staff for Visit 1.
Task 2: Visit 1. Listening and W orkine Sessions:
One -on -One Stakeholder Interviews. Consultant Team will meet with property owners,
builders, City Council, City Manager, and other stakeholders identified by the City in general
interest or particular areas such as bicyclists, environmental, housing, sustainability: up to three,
4 -hour interview sessions arranged by the City.
During the interviews, the Consultant Team will document these areas by targeted photography
and selected measurements. Consultant will coordinate with City staff prior to Visit I to confirm
the selected areas and topics to be documented.
Field Documentation of Northside Neighborhood and Transition Areas Including a Field
Ana4sls ofE fisting Parking Demand in Near -Downtown Neighborhoods
Working Sessions and Evening Workshops. Each day, Consultant Team will meet with City
staff on the direction in the Comprehensive Plan for both project areas, key issues identified
by the City and on the feedback received in the stakeholder interviews. Each evening,
Consultant will facilitate a community workshop to explain the progress made that day, the
key issues being discussed, and the feedback received from stakeholders, to further discuss this
all with the community for clarity and direction. Working sessions and evening workshops will
address both form -based code -related topics and parking and transportation topics.
Proposed Organization.
Day 1. It is anticipated the day be organized as follows:
• 1st half of day for kickoff meeting and site tour, meetings with City staff.
• 9d half of day for South District stakeholder interviews arranged by City staff.
Day 2. It is anticipated the day be organized as follows:
• 1st half of day primarily for Northside Neighborhood stakeholder interviews (including
discussion of near -downtown parking -related issues), and for any remaining South
District stakeholder interviews. Interviews arranged by City staff.
ed half of day for meetings with City staff. Evening Workshop 1 for South District
on input to date for feedback by community to identify key issues, opportunities and
priorities.
Day 3. It is anticipated the day be organized as follows:
• 1st half of day any remaining Northside Neighborhood stakeholder interviews
arranged by City staff.
• 2nd half of day for meetings with City staff.
Evening Workshop 2 for Northside Neighborhood on input to date for feedback by
community to identify key issues, opportunities and priorities.
Page 3 of 9
Task 3: Post -Visit 1 Activities:
Visit I Summary Memo. Prepare memo summarizing findings, stakeholder interviews, and direction
from the community workshops. This memo can be used by City staff to facilitate additional
meetings and discussions with stakeholders. Clarification of any content in the memo or addition of
content to the memo is to be communicated to Consultant no later than at 30 days prior to the next
visit.
Analysis Maps for Northside Neighborhood and South District Project Areas. Prepare analysis maps
of Northside Neighborhood and Transition Areas. Prior to generating the analysis maps, Consultant
will communicate with City staff about the topics and content to be analyzed and shown on the maps.
Consultant will deliver the maps prior to or at the beginning of Visit 2.
Meeting with City. Consultant will facilitate a telephone call with City staff to review the Visit 1
Summary Memo and discuss progress on the analysis maps.
Task 4: Memo Definine Obstacles for Northside Neighborhoods Missine Middle Housin :
Assess Mapping ofExisting Zoning Districts in TFansidon Areas. Review existing zoning for the
following: current zoning districts and size, # of properties and # of buildings, number of units per lot,
buildings with 2.4 units, buildings with 5-8 units, buildings with 9-20 units, buildings over 20 units.
Memo Defining Obstacles for Form -Based Code and Missing Middle Housing. Prepare memo
describing each key obstacle to achieving FBC and MMM in the Northside Neighborhoods and
Transition Areas, focused on the following: upper high-density single family zoning districts, lower
medium density zoning districts, downtown zoning districts. This memo is to include the 3-Dbuildout
information fromTask 5.
Task 5: Graphic Test a Sample of Zoning Districts:
3-D Buildout Prepare 3-1) buildout examples of high-density scenario allowed by current zoning for up to
4 existing zoning districts and up to 4 lot sizes.
Meeting with City. Consultant will facilitate a telephone call with City staff to review the Obstacles
Memo.
Task 6: Visit 2 Preparation:
Logistics. Coordinate logistics with City staff for Visit 2.
Stakeholders. Coordination of meetings with stakeholders and groups.
Task 7: Visit 2. Review Visit 1 Findings and New Information:
Working Sessions with City Staff: Consultant Team will facilitate working sessions with City staff on
key issues identified by City staff and by Consultant.
Meetings with Stakeholders and Groups. These meetings are for discussing the results of Visit 1 and
any new information in order to refine and clarify the community's direction. Consultant Team will
meet a second time with property owners, builders, City Council, City Manager, and other
stakeholders identified by the City in general interest or particular areas such as bicyclists,
environmental, housing, sustainability: up to three, 4 -hour sessions arranged by the City.
Evening Workshops. Each evening, Consultant Team will facilitate a community workshop to explain
Page 4 of 9
the progress trade that day, how the key issues are being clarified, and the feedback received from
stakeholders to further discuss this all with the community for further clarity and direction.
Proposed Organization:
Day 1. It is anticipated the day be organized as follows:
• 1st half of day for working sessions with City staff.
• 2nd half of day for South District stakeholder updates arranged by City staff.
Day 2. It is anticipated the day be organized as follows:
lot half of day primarily for Northside Neighborhood stakeholder updates and any
remaining South District stakeholder meetings. Meetings arranged by City staff.
• 2nd half of day for working sessions with City staff.
• Evening Workshop for South District on input to date for feedback by community to
identify key issues, opportunities and priorities.
Day 3. It is anticipated the day be organized as follows:
• 10 half of day for any remaining Northside Neighborhood stakeholder meetings
arranged by City staff.
2nd half of day for meetings with City staff. Evening Workshop 2 for Northside
Neighborhood on input to date for feedback by community to identify key issues,
opportunities and priorities.
Task 8: Visit 3 Preparation:
Logistics Coordinate logistics with City staff for Visit 3.
Stakeholders. Coordination of meetings with stakeholders and groups.
Task 9: Visit 3. Confirm the Community's Direction:
Working Sessions with City Stag. Consultant Team will facilitate working sessions with City staff on
key issues identified by City staff and by Consultant, including how a FBC can work in both project
areas; on options for addressing parking demand issues in the near -downtown neighborhoods, and on
options for an appropriate South District street network.
Meetings with Stakeholders and Groups. These meetings are for discussing the results of Visit 2 to
refute and clarify the community's direction. Consultant Team will meet a third time with property
owners, builders, City Council, City Manager, and other stakeholders identified by the City in general
interest or particular areas such as bicyclists, environmental, housing, sustairtability. up to three, 4 -hour
sessions arranged by the City.
Evening Workshop. At the end of Day 1, Consultant Team will facilitate a community workshop to
explain the progress made that day, how the key issues have been clarified, and the final feedback
Page 5 of 9
received from stakeholders. It is expected that at the end of this workshop, the community's direction
and priorities for both the South District and the Northside neighborhood will be clear for documenting
in a Final Report.
Proposed Organization:
Day 1. It is anticipated the day be organized as follows:
• lst half of day for working sessions with City staff.
• 2nd half of day for stakeholder updates arranged by City staff. Evening Community
Workshop to finalize the direction.
Day 2. It is anticipated the day be organized as follows:
Meetings with City staff to follow up on the prior Evening Community Workshop and
for any necessary coordination on the Final Report, including a preliminary outline.
Task 10: Prolect Direction Report
Create Admin Draft Report. Consultant will use the results of the three visits and final Community
Workshop to create the Project Direction Report, including FBC, transportation, and on -street parking
elements. Prior to beginning this task, Consultant will confirm the outline for the Report with City
staff. Consultant will submit a PDF copy of the Administrative Dmft Report for review and comment
by City staff.
Meeting with City Staff. Consultant will facilitate a teleconference with City staff to review the
submitted Project Direction Report.
Final Repom Deliverables based on City staffs comments, Consultant will create the Final Project
Direction Report and submit a PDF copy of the report to City staff for distribution.
Deliverables
• Full analysis of existing conditions and flaws with current zoning/conditions as outlined
in tasks
• Summary of the opportunities for the form -based code
• Recommendations based on the analysis of parking issues in near -downtown
neighborhoods
• Recommendations on street network and design options in South District
• Summary of how a form -based code would interact with historic and/or conservation
districts to preserve and enhance neighborhood character
• Summary documentation and analysis of the conclusions drawn from stakeholder
meetings and other public involvement
• Summary of maps, data and other information generated throughout the pioject process
• Final Administrative Draft Report as outlined in Task 10, including recommendations for
next steps and a timeline for developing a form -based code for the study areas
Task 11: Project Manaeern
Weekly Coordination Calls with City. Consultant will participate in up to 15 weekly phone calls with
City staff to communicate on the following: progress of work, upcoming work, meetings, needs for
information, schedule and budget.
Notes:
Page 6 of 9
• While City Staff will be involved throughout the process, the tasks are designed to
involve staff at key points in the process without significantly burdening staff with
more work to add to their current responsibilities.
• By involving City staff and major stakeholders in the FBC working sessions, the goal
is that participants will gain a good understanding of how the eventual FBC for the
project areas can work for them. In addition, these sessions often point out content or
organizational ideas for improvement to be addressed when the FBC is created.
• The Consultant Team shall include expertise with development of form -based codes,
and with parking and transportation in relation to form -based codes for both new
neighborhoods and existing neighborhoods.
• The Consultant Team shall describe holy the parking study, analysis and
recommendations are built into the tasks.
• Part of the Scope of Services includes an analysis of, or recommendations to address
parking demand concerns in near -downtown neighborhoods. The consultant may
propose to build the parking study portion of the project into the tasks as outlined, or
may propose to conduct this portion of the project separately. At a minimum, the
parking study portion of the project must include:
o An analysis of current residential parking supply and demand based on field
data collection
o Public outreach, including at least two public meetings
o Discussion of recommended approaches to improve the supply of on -street
parking for residents
o City will share available parking data
Objectives for the parking study portion of the project include balancing the needs of residents,
visitors and commuters in the larger parking system; accounting for neighborhood residential
parking demand; applying a data -driven approach, and recommending strategies that are for and
convenient for residents.
IL TIME OF COMPLETION
The following is an anticipated schedule for consultant selection and the contract period. The City
reserves the right to modify this schedule. The consultant, as part of their proposal, shall include a
proposed project work plan, that includes a detailed schedule for completing the tasks outlined in the
Request for Proposal.
Request for Proposal Issued: September 21, 2016
Questions Due: October 17, 2016
Proposals Due: October 24, 2016
Contract Award: December 2016
Contract Period: January 1, 2017 to August 1, 2017
Page 7 of 9
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.
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 of $162,145. 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 made 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 famish 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 famish, 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.
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.
Page 8 of 9
J. 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.
K. 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.
L. Fees paid for securing approval of authorities having jurisdiction over the Project will be
paid by the CITY.
M. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa
Code prohibits a CITY officer or employee from having an interest in a contract with the
CITY, and certifies that no employee or officer of the CITY, which includes members of
the City Council and CITY boards and commissions, has an interest, either direct or
indirect, in this agreement, that does not fall within the exceptions to said statutory
provision enumerated in Section 362.5.
N. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the Consultant's
negligent acts, errors and omissions to the C= in the sum of $1,000,000.
O. No Modifications to the Scope of Services or other contract terms can be made without the
written consent of both parties. For purposes of this clause, e-mail is to be considered a
writing. Authority to approve changes from the CITY side is vested solely with the City
Manager, unless the City Manager delegates that authority to another named CffY
employee in writing.
P. The Proposer shall indemnify, defend and hold harmless the City of Iowa City and its
officers, employees and agents from any and all liability, loss, cost, damage, and expense
(including reasonable attorney's fees and court costs) resulting from, arising out of, or
incurred by reason of any claims, actions, or suits based upon or alleging Proposer's
negligence, gross negligence, or knowing or willful misconduct, or any, license, patent,
or copyright infringement claim rising out of or resulting from the Proposer's operations
under this Contract.
Proposer is not, and shall not be deemed to be, an agent or employee of the City of Iowa
City.
Responsibility for Damage Claims - It is specifically agreed between the parties
executing this contract that it is not intended by any of the provisions of any part of the
contract documents to create in the public or any member thereof a third party beneficiary
hereunder, or to authorize anyone not a patty to this contract to maintain a suit for
personal injuries or property damage pursuant to the terms or provisions of this
contract. It is understood that no subcontractor is a third parry beneficiary to any contract
between the Contracting Authority and the prime contractor. Nothing in any special
provision or any supplemental specification shall be construed as eliminating or
superseding the requirements of this section.
Proposer further agrees to:
Page 9 of 9
a. Save the City, its agents and employees harmless from liability of any nature or kind
for the use of any copy -right or non -copyright composition, secret process, license,
furnished or used in the performance of the contract.
b. Obtain all permits and licenses required by city, state and federal governments and
pay all related fees. The Proposer shall also comply with all laws, ordinances, rules and
regulations of the City, State of Iowa and the Federal Govemment.
IV. MISCELLANEOUS
A. 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
B. The following documents are hereby incorporated into this Agreement by this reference, in
order of precedence: RFP #17-51 for Consulting Services for Form Based Code Analysis
and Concept Plans, the CONSULTANT'S Proposal, and any subsequent written language
agreed upon by the parties.
FORTHE _ dMR TEE CON
Title: q: ty_ManIger- Title:
1
Date:_. December 6, 2016
Date:__._/�=
p ved h is
G
Citv Mme ?a Office
Date ! t����>� ---- -
CITY OF IOWA CITY 10
�'NP Mot
�� MEMORANDUM
Date:
November 21, 2016
To:
Geoff Fruin, City Manager
From:
Douglas Boothroy, Director,
Re:
Recommendation to hire the
arvices Department
Design, Inc.
The purpose of this memo is to recommend the hiring of Daniel Parolek's consulting firm
Opticos Design, Inc. to do a form -based code analysis and initial plan concepts for the "Missing
Middle Housing" in the South district and Northside areas. In addition, Opticos will be doing a
parking impact study for the near downtown neighborhoods.
Background:
The Request For Proposal for a form -based code consultant was sent to nine consulting firms
with experience in form -based coding and it was posted to the City's web -site. The City
received one proposal which was from Opticos Design, Inc.
Staff's review of the Opticos work proposal has determined that Daniel Parolek and the Opticos
design team are highly qualified to carry out the Scope of Services as requested by the City.
This team has received national recognition for their form -based code work (e.g. Form -Based
Code Institute, The Congress for New Urbanism, American Planning Association, etc.) and have
extensive experience with over 60 adopted, in -progress and peer-reviewed form -based codes
across this country. Dan Parolek has also received widespread recognition for the "Missing
Middle Housing" concept he developed and he is at the forefront of rethinking the way we zone
our communities to promote more compact, walkable, and vibrant places. In addition, all work
specified in the contract will be under the supervision of the Principal Daniel Parolek. The
Opticos work program will be approximately five months in length (January - June 2017).
The Scope of Services required the consultant team to have demonstrated expertise with
development and implementation of form -based codes, and with parking and transportation in
relation to form -based codes for both new developing neighborhoods as well as existing
neighborhoods. The Scope of Services includes a parking impact study to address parking
demand concerns in the near downtown neighborhoods. Objectives of the Parking Study
include balancing the needs of residence, visitors, and commuters in the larger parking system;
accounting for neighborhood residential parking demand; applying a data -driven approach; and
recommending strategies to address parking issues. The Opticos Design team has the
experience and expertise to do the high quality work required in all of these areas.
Recommendation:
Staff recommends that Council approve a resolution authorizing and directing the City Manager
to execute an agreement for Opticos Design, Inc. to provide form -based code consulting
services for the South District and Northside neighborhood areas and a parking impact study for
the near downtown neighborhoods.
Prepared by: Brenda Nations, Sustainability Coordinator, 410 E. Washington St. Iowa City, IA 52240
(319)887-6161
RESOLUTION NO. 16-350
RESOLUTION AUTHORIZING SETTING COMMUNITY -WIDE GREENHOUSE GAS
REDUCTION GOAL OF 25-28% FOR THE YEAR 2025 AND 80% BY 2050
WHEREAS, the Intergovernmental Panel on Climate Change (IPCC), an internationally accepted
authority agrees that climate change is due to human activities and that climate change impacts
have adverse effects on both environmental and socio-economic systems; and
WHEREAS, Iowa City is vulnerable to the effects of climate change, with climatologists predicting
changes to this region that include increased heavy rainfall, more frequent flooding, greater
likelihood of severe storms, and higher temperatitres; and
WHEREAS, the City Council's strategic plan lists a top priority is to promote environmental
sustainability and states the intention of setting a substantive and achievable goal for reducing
city-wide carbon emissions; and
WHEREAS the U.S. is one of the largest contributors of greenhouse gas emissions worldwide;
and
WHEREAS, the United States along with 193 countries signed the Paris Climate Agreement this
year, the most ambitious climate change agreement in history; and
WHEREAS, in signing the Paris Agreement, the United States committed to reducing greenhouse
gas emissions 25-28% from 2005 levels by 2025; and
WHEREAS, climate change calls for national and international responses, but ultimately
greenhouse gas emissions are generated locally; and
WHEREAS, cities and states through the U.S. have adopted greenhouse gas emission reduction
targets and strategies; and
WHEREAS, Iowa City has signed onto the Compact of Mayors (now Global Covenant of Mayors),
which requires cities to set a greenhouse gas reduction target; and
WHEREAS, Iowa City is a certified STAR Community, which looks for cities to demonstrate
incremental progress towards achieving a 28% reduction by 2025; and
WHEREAS, the City of Iowa City seeks ,to develop its first Climate Action Plan to develop
strategies to achieve this greenhouse reduction goal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
Iowa City establishes a greenhouse gas emissions reduction target of 26-28% from 2005
levels by 2025 and a reduction target of 80% by 2050. Greenhouse gas emissions for the
Iowa City community in 2005 totaled 1.32 million metric tonnes, therefore the target
emissions for 2025 is 964,000 metric tonnes, a reduction of 356,000 metric tonnes.
Resolution No. 16-350
Page 2
Passed and approved this 6thday of December, 2016.
(/
MayV r
ATTEST:
CI ERK K
l
roved by > '
o.9y
City Attorney's Office
Resolution No. 16-350
Page 3
It was moved by Mims and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
%
Botchway
%
Cole
%
Dickens
%
Mims
%
Taylor
x
Thomas
x
Throgmorton
Prepared by: Brenda Nations, Sustainability Coordinator, 410 E. Washington St. Iowa City, IA 52240 11
(319)887-6161
RESOLUTION NO.
RESOLUTION AUTHORIZING SETTING COMMUNITY -WIDE GREENHOU� GAS
REDUCTION GOAL OF 25-28% FOR THE YEAR 2025 //
WHEREAS, the Intergovernme tal Panel on Climate Change (]PCC), internationally accepted
authority agrees that climate ch nge is due to human activities and at climate change impacts
have adverse effects on both env\mental.and socio -economics ems; and
WHEREAS, Iowa City is vulnerabthe effectsofclimnge, with climatologists predicting
changes to this region that inclincresed heavy rai all, more frequent flooding, greater
likelihood of severe storms, and hr temperatures; an
WHEREAS, the City Council's strat�c plan
sustainability and states the intention f setting
city-wide carbon emissions; and ,
WHEREAS the U.S. is one of the
and
WHEREAS, the United States along ith 1
year, the most ambitious clim/chgeag
WHEREAS, in signing the Paemen
gas emissions 25-28% from 2ls by
top priority is to promote environmental
stantive and achievable goal for reducing
of greenhouse gas emissions worldwide;
countries signed the Paris Climate Agreement this
ment in history; and
United States committed to reducing greenhouse
WHEREAS, climate cha ge calls for national and international responses, but ultimately
greenhouse gas emissio are generated locally; a
WHEREAS, cities an states through the U.S. have dopted greenhouse gas emission reduction
targets and strategi ; and
WHEREAS, low City has signed onto the Compact of ayors (now Global Covenant of Mayors),
which requires ties to set a greenhouse gas reduction to et; and
WHEREAS, owa City is a certified STAR Community, hich looks for cities to demonstrate
incrementa progress towards achieving a 28% reduction by 025; and
5, the City of Iowa City seeks to develop its firs�Climate Action Plan to develop
to achieve this greenhouse reduction goal.
, THEREFORE, BE IT RESOLVED BY THE CITY COUNgIL OF THE CITY OF IOWA
Iowa City establishes a greenhouse gas emissions reduction t get of 26-28% from 2005
levels by 2025. Greenhouse gas emissions for the Iowa City c munity in 2005 totaled
1.32 million metric tonnes, therefore the target emissions for25 is 964,000 metric
tonnes, a reduction of 356,000 metric tonnes.
Resolution No.
Page 2
Passed ar
Mayor
ATTEST:
Approved
City Aftorr
Marian Karr
From: Linda Quinn <quinnhenry@msn.com>
Sent: Sunday, December 04, 2016 4:20 PM Late Handouts Distributed
To: Council
Subject: Climate Action Proposal
(-)'� 5- NO
Dear Councilors, (Date)
I am very excited about your efforts to take local action on climate change. It is commendable! But this issue
has a urgency that requires ambitious plans and quick action. Please amend the proposal and immediately hire
local urban planning and climate experts like Martha Norbeck and Dr. Jerry Schnoor at UI to draw up a
Climate Action Plan, building on the "Regenerative City Day" proclamation framework by this spring, 2017 --
not by 2019, as it stands.
Thank you,
Linda Quinn, member of I OOGrannies For A Livable Future and Iowa City Climate Advocates
Sent from Mail for Windows 10
Marian Karr
From:
Sent:
To:
Subject:
FROM: Tom Carsner
To the City Councillors:
Tom Carsner <carsner@mchsi.com>
Sunday, December 04, 2016 9:11 PM
Council
Be Bold in Climate Action December 6
Late Handouts Distributed
I k. S Wo
(Date)
I urge you to act boldly Tuesday December 6 when considering Climate Action Plans.
In 2007, 1 was part of a group of Sierra Club members who successfully lobbied the City Council to join the Cool Cities
program and begin climate change interventions. Iowa City was already performing some critical actions and in the 9
years since has continued with some activities. But I believe more could have been done in that time.
Specifically, on Tuesday, let's vote to get a climate action plan in place by May --this coming May 2017. There are plenty
of local experts who can write a plan based on several existing plans. Do not delay with a long committee process. We
know what needs to be done. Let's get it on paper and start working on it. Please amend the proposed plan to complete
action on a new plan much sooner.
And secondly, let's set more ambitious CO2 reduction targets that will actually help us escape the worst effects of
climate change. Let's amend the proposal Tuesday to state that Iowa City will reduce CO2 emissions by 40% to 50% from
1990 levels.
Iowa City should be a state and national leader in a Climate Action Plan and the reduction targets it sets. Let's do that
Tuesday night.
Tom Carsner
1627 College Court Place
carsner@mchsi.com
319-338-9335
Iowa City,lowa 52245
Late Handouts Distributed
Marian Karr
From: Peter Rolnick <prolnick@truman.edu> S
Sent: Saturday, December 03, 2016 2:25 PM
To: Council (Date)
Subject: Sustainability Plan
Hello. Regarding the sustainability plan that you will be discussing at your meeting on Tuesday, December 6:
I will not be about to attend the meeting, but I want to say three things about it, as a citizen of Iowa City:
1) 1 think your efforts in this area are great, it is really important, and I am so glad that you are doing it. Thank you!
2) The 26-28% reduction plan by 2025 and the plan to create a task force to hire a consultant are good. Looking at the
climate challenge the world faces, we need to reduce by more than that, and we need to do so sooner than by 2025 if at
all possible, but see my point 3 below.
3) The city's plan, if not done carefully, will not be effective. So the most important thing, more important than how
much is reduced by when, is that the plan have appropriate carrots and sticks such that it will be implemented (unlike,
for example, the State's water quality plan which depends heavily on voluntary cooperation, and has not been
effective). Hopefully the technical consultant (chosen as soon as possible) will have expertise not only in sustainable
technology at various scales but also in working with labor, business, city government and the citizenry to come up with
effective policies.
Thank you so much for all your hard work.
Peter Rolnick
660-342-2671
orolnick(@truman.edu
2011 Rochester Ave
Iowa City IA 52245
Marian Karr
From:
Kate Revaux <kater@cwise.com>
Sent:
Monday, December 05, 2016 9:41 AM
To:
Council
Subject:
Carbon Reduction Target - Letter of Support
Attachments:
City of Iowa City - Carbon Reduction Thank You.pdf
Good Morning,
Please find a letter of support for the City's carbon reduction target.
Thank you!
Kate Revaux
LEED Technician
C -Wise Design and Consulting
katerCa,cwise.com
Late Handouts Distributec
l z io
(Date)
@WISE
handling carbon with care
LEED consulting & architecture
Dear City Council of Iowa City;
C -Wise Design & Consulting
906 S 7th Avenue
Iowa City, IA 52240
www.ewise.com
Thank you for setting a target for carbon reduction! This November's election results increases the
importance of the role cities and states will have to play in addressing climate change.
We appreciate this step and look forward to Iowa City's expanding commitment to improving our
resilience and ability to effectively respond to the varying effects of a changing global climate.
Sincerely,
Martha Norbeck & Kate Revaux
C -Wise Design & Consulting
906 5 7" Avenue
Iowa City, IA 52240
www.cwise.com
Marian Karr
From: Eric Johnson <eric.d.johnson@gmail.com>
Sent: Monday, December 05, 2016 9:51 AM
To: Council
Subject: greenhouse gas reduction goal
(Date)
Hello!
My wife and I just had a baby girl in October, and the only thing that makes me happier than her only waking
up two times per night is hearing that Iowa City is taking action on global warning. We consider this to be the
single most important issue on the table today, and we vote based solely on who takes global warming the most
seriously.
We want to see action by Iowa City starting in 2017, and we want to see serious CO2 emission reduction targets
of 40% below 1990 levels.
Sincerely,
Eric Johnson
1780 360th St SW
Oxford, IA 52322
(319) 400-9903
Marian Karr
From: pat bowen <patjbowen@gmail.com> -uX rianaouts DistClbuted
Sent: Monday, December 05, 2016 9:54 AM
To: Council
Subject: Climate Action 12/6 meeting
I am writing today to encourage the council to be bold climate action
It is my understanding there is a proposal on the table for tomorrow's meeting. Please amend the proposal and
immediately hire local urban planning and climate experts like Martha Norbeck (who served on the Fairfield Go
Green Plan in 2009), and the venerable Dr. Jerry Schnoor at UI to draw up a Climate Action Plan, building on
the "Regenerative City Day" proclamation framework by this spring. 2017 --not by 2019as it stands.
Climate action plans abound. We cannot afford to waste 2 years re -inventing the wheel.
Secondly, the current proposal calls for reducing CO2 emissions by 26% from 2005 levels. A UN report
recently denounced such goals as too little and too late. As seen last week at the Mayors Climate Summit, cities
are now redoubling efforts to reduce CO2 emssions by 40% from 1990 levels.
Our city council needs to amend the current plan to reduce CO2 emissions by 40% of 1990s levels to reflect the
urgency of climate action in our times.
Iowa City has a great opportunity to become a climate action leader. We can do this! We must do this!
For our children's children,
Pat Bowen
Member of 100grannies for a Livable Future
1210 Village Rd
Iowa City
Marian Karr
From: Miriam Timmer-Hackert <timmer.hackert@gmail.com> !tate Handouts DismbutW
Sent: Monday, December 05, 2016 10:11 AM
To: Council
Subject: climate plan now please 1 1 S- ko
Dear City Council, (Date)4�
I encourage you to go big on climate change action and to do it sooner rather than later. As someone who has
visitted a poor country in Africa, climate change in the form of droughts is already killing vulnerable and
innocent people now. Pakistan and Haiti and Syria are all seriously affected by climate instability already.
Thank you (sorry if I sent a blank email by accident.)
Sincerely,
Miriam Timmer-Hackert
Mediator, Lawyer, Peacemaker
1911 Lynncrest Dr
Coralville IA 52241
319-331-8416
Timmer.hackertaammail.com
httt)s:Hsites.gooele.com/site/miriamtimmerhackert/
Marian Karr
From: Sandra Alper <sandra.alper46@gmai1.com>
Sent: Monday, December 05, 2016 11:24 AM
To: Council
Subject: Fwd: Climate Action Plan
Begin forwarded message:
From: Sandra Alper <sandra.alner46(a)r_mail.com>
Subject: Climate Action Plan
Date: December 5, 2016 at 11:16:15 AM CST
To: "sandra.alper46" <sandra.alner46na,gtnail.com>
Dear City Council members,
Late Handouts Distributed
:IslIto
(Date)
I am writing you in regard to the city's climate action plan. The current plan proposed by staff and to be
considered by the council on December 6 is clearly too little, too late. Delaying action for two to three fiscal
years simply defers our fiduciary responsibility on climate action. Iowa City can and should be a leader and a
national model for other cities in this critical area. Accordingly, I urge you to support the following two
amendments to the current proposal:
1. Hire LOCAL urban planning and climate experts (e.g., Dr. Jerry Schnoor from the University of Iowa) to
draw up a climate action plan by the spring of 2017, NOT 2019! Why waste two or more years to rehash sound
actions already endorsed by other cities?
2. The council needs to amend the current plan's recommendation to reduce CO2 emissions by 26% of 1990s
levels to 40 percent. The proposed level of a 26% CO2 reduction rate has already been denounced by the UN
as insufficient and unresponsive to the urgency and magnitude of the climate problem.
Thank you for your consideration and support of these recommendations.
Sincerely,
Sandra Alper, Ph.D.
46 Lancaster Place
Iowa City, Iowa
Member of 100 Grannies
Marian Karr
From: Linda Fisher <naturemattrs@msn.com>
Sent: Monday, December 05, 2016 12:00 PM Late Handouts Distributed
To: Council
Subject: About climate change
1 -�k,
Dear Iowa City Councilors, (Date)
Although I am technically not one of your constituents, I am pretty close to that, being a "Corralvillain" (I am a
professional proofreader; believe me, the misspelling is deliberate!). I believe my home proximity justifies my
interest in your decisions.
First request --you've probably already seen it and will see it again several times: Please amend the proposal to
wait to implement climate change actions for 2-3 years. You are leaders: please enhance your leading by hiring
trusted resources like Martha Norbeck and super -professor Dr. Jerry Schnoor to draw up a Climate Action Plan
by this spring. It should build on the "Regenerative City Day" proclamation framework.
Secondly, please amend the current CO2 emission plan to achieve the goal of significant CO2 reduction
in response to the increasingly desperate situation we're in.
If you don't lead, who will? Hesitation and inaction are not appropriate for the situation, as you above
most others are aware. When you lead, others are very much more likely to follow. Go for it. And may your
brave actions lead others to follow as quickly as this planet needs for survivalM
Thank you for whatever you do for this vulnerable planet!!
Linda Stearns Fisher (widow of Roger L. Fisher, Coralville Transit System manager for 25 years)
303 7th St., Coralville 52241 (next to the railroad tracks)
PS: Any way that you can speed up commuter rail from Cedar Rapids to Iowa City will be a HUGE climate
improverM! I hope to live to see commuter trains running behind my house again --don't wait too long!! At least
get the North Liberty commuters into train cars as soon as possible --that would be a significant climate, safety,
and commuter convenience achievement!!!!
Marian Karr
From: janet stephan <janetstephan8@msn.com>
Sent: Monday, December 05, 2016 12:10 PM
To: Council 1 �� S� j b
Subject: Climate crisis
(Date)
I understand that there are some proposed changes in the city attitude toward the climate crisis. I would like to
add my voice to the conversation in two areas. Our world is in serious trouble with the environmental crisis. We
can not afford to put anything off that might help save the climate. Please do not delay a climate action plan and
consider hiring a local urban planner and environmental expert to guide the city in this endeavor. The second
issue is the current plan for decreasing the CO2 emission of the city. The current plan is inadequate and must be
ammended to ensure a 40% reduction of 1990 levels. Our lives depend on our actions now.
Thank you for you attention to these issues.
Jan Stephan
3201 Muscatine Ave #3
iowa City IA 52240
Marian Karr
Late Handouts Distributed
From: Ann Christenson <annfchris@gmail.com>
Sent: Monday, December 05, 2016 12:32 PM
To: Council
Subject: Climate Change Resolution (Date)
Council Members: As you know, 100Grannies.ora has been asking for a plastic bag ban for almost five
years. Five years! In that time literally dozens of countries and cities have instituted such bans. Israel is
the latest. Taking five years to address essential environmental issues is
an unconscionable length of time.
By the same token, the proposed Climate Change Resolution offers too little in too extended a
time. Members of 100Grannies.or2 are very pleased that the Council is finally addressing climate
change. We have been very heartened that the current Council is showing signs of realizing there is a
crisis.
That said, a sense of urgency is lacking in the proposed resolution. We see the same kind of dragged out
process we've had to deal with for a bag ban. These matters have been addressed multiple times
elsewhere to the extent that there is no need to reinvent the wheel. Whether it's the staff or council
members dragging their feet, the city needs to be more nimble and aggressive. Iowa City has a great
opportunity to become a climate action leader, but the parade is passing us by.
The city council needs to amend the plan to reduce CO2 emissions by 40% of 1990s levels to reflect the
urgency of climate action in our times. We have professionals in our own community who can lead and
advise. Don't waste the time or money on outside `experts.' Use our fully capable local resources to
determine an expeditious commitment and resolution.
Please amend the proposed resolution for a rapid response to this very pressing problem.
Thank you.
Ann Christenson
827 Dearborn St.
Iowa City
Member, 100Grannies.ora for a Livable Future
Late Handouts Distributed I,
Marian Karr
From: Jim Olson <jimo1son921@gmail.com> 1?A s \ lu
Sent: Monday, December 05, 2016 2:16 PM
To: Council (Date)
Subject: Comment on Climate Action Plan
Attachments: Statement by the Johnson County Chapter, UNA-USA, 12-06-2016 Final.docx
Attached please find comment by Jean Lloyd -Jones, President of the Johnson County Chapter of the United
Nations Association - USA on the proposed Iowa City Climate Action Plan.
Jim Olson
Secretary
Johnson County Chapter, UNA-USA
Statement by the Johnson County Chapter, United Nations Association of the USA
by Jean Lloyd -Jones, President
The Johnson County Chapter of the United Nations Association welcomes efforts by the City
Council to cut greenhouse gas emissions in Iowa City. Our chapter, with nearly 100 members in Johnson
County, commends Mayor Throgmorton for joining the Global Covenant of Mayors for Climate and
Energy. This Covenant, with 520 signatories around the world, is part of a groundswell that supports the
Paris Agreement on Climate Change, commits cities to even more ambitious goals to reduce greenhouse
gas emissions, and encourages national leaders to do likewise.
The Johnson County Chapter of the United Nations Association urges the City to tap the
expertise of local and regional consultants and to move as quickly as possible to adopt a goal of reducing
greenhouse gas emissions by 40% of 1990s levels. Iowa City can and must join other cities in taking bold
action on measures to protect our health, advance our economy, and promote climate justice.
We will support the development and implementation of Iowa City's emission reduction plan
and encourage others to do so. Thank you for your consideration.
# (l
Late Handouts Distributed
Marian Karr
To Iowa City Council staff:
Attached is a statement by the Iowa City Climate Advocates regarding Item 11 on City Council meeting agenda
for December 6, 2016. These comments regard the proposed RESOLUTION AUTHORIZING SETTING
COMMUNITY -WIDE GREENHOUSE GAS REDUCTION GOAL OF 25-28% FOR THE YEAR 2025.
The statement will be verbally presented to the Council by Tern Macey, Iowa City resident.
Cheryl Miller
camiller(a,umn.edu
m:(651)653-8133
1 Z� S \ b
From:
Cheryl Miller <camiller@umn.edu>
Sent:
Monday, December 05, 2016 3:38 PM
(Date)
To:
Council
Cc:
Terri Macey; Peter Rolnick; Chris Bergen; Brandon Jennings; Jaimie McCoy
Subject:
Comments for Item 11, Resolution on GHG Reduction Targets / December 6, 2016
Attachments:
ICCA Comments on GHG Reduction Goal.pdf
To Iowa City Council staff:
Attached is a statement by the Iowa City Climate Advocates regarding Item 11 on City Council meeting agenda
for December 6, 2016. These comments regard the proposed RESOLUTION AUTHORIZING SETTING
COMMUNITY -WIDE GREENHOUSE GAS REDUCTION GOAL OF 25-28% FOR THE YEAR 2025.
The statement will be verbally presented to the Council by Tern Macey, Iowa City resident.
Cheryl Miller
camiller(a,umn.edu
m:(651)653-8133
Iowa City Climate Advocates
Comments to the Iowa City Council on RESOLUTION AUTHORIZING SETTING
COMMUNITY -WIDE GREENHOUSE GAS REDUCTION GOAL OF 25-28% FOR THE
YEAR 2025
The Iowa City Climate Advocates is a non-partisan group of citizens working to create a
sustainable, carbon -neutral community and educate people about human -caused climate change.
We serve as the Iowa City chapter of the Citizens' Climate Lobby, which works on federal
legislation to create a revenue -neutral fee on carbon. We commend the leadership roles that the
Mayor and City Council are now taking to combat the causes and impacts of climate change.
We support the resolution calling for a 26-28% reduction of greenhouse gases by 2025 because
we believe that it is an ambitious, realistic, and achievable goal and can build a strong
foundation for future efforts. The timeframe for developing an emissions reduction plan should be
no more than one year, beginning in January, 2017, although we prefer completion in 6 — 8
months. We have three suggestions to improve the project's chance of success:
(1) We urge the City to add a second, Iona -term goal of reducing GHQ emissions by 80%
by 2050. This target is widely accepted by scientific and policymaking bodies as the
reduction by industrialized nations needed to avoid catastrophic climate change. It has
been adopted by numerous cities similar to Iowa City, including Lawrence, Kansas;
Boulder, Colorado; and Burlington, Vermont. Long-term targets send powerful market
signals and provide the impetus needed for long-term investments in infrastructure that is
not possible in short-term efforts. This is especially the case in Iowa City, where
metropolitan growth is projected to rise by 57% by 2050. It is essential that current
planning efforts consider how that level of growth in energy infrastructure, transportation,
and buildings can be accommodated. An amended version of the resolution is below.
(2) We urge the City to contract with a consulting firm with the technical expertise and
experience in community -level greenhouse gas reduction plans needed to lead this effort.
Although the University of Iowa can and should provide assistance in analyzing technical,
financial, and other aspects of the plan, we believe that a consultant with extensive
experience and replicable models for local -level climate action plans will speed up and
increase chances of its success. The scope of work should include involving a highly
engaged task force of business, government, non-profit, and other community leaders;
identifying, assessing, prioritizing, and reaching consensus on emission reduction strategies
in all economic sectors; and leading a strong public outreach effort to ensure the plan has
the buy -in needed to succeed.
(3) We urge the City to address financial aspects of its plan beyond direct costs to the City.
Preventing catastrophic climate change is arguably the largest, long-term project that
human society has undertaken. It is time to get serious about the financial costs and
benefits such a project engenders. Iowa City's plan should include information about
private and public funding sources for different strategies; an assessment of the adequacy
of these resources; and recommendations for mechanisms to cover expenses far into the
future. We believe that the tendency of action plans to avoid these issues dooms their
chances of success.
Thank you!
Amended language /or 80% reduction by 2050
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
Iowa City establishes a greenhouse gas emissions reduction target of 26-28% from 2005 levels
by 2025 AND A REDUCTION TARGET OF 80% BY 2050. Greenhouse gas emissions for the
Iowa City community in 2005 totaled 1.32 million metric tonnes, therefore the target emissions
for 2025 is 964,000 metric tonnes, a reduction of 356,000 metric tonnes; AND FOR 2050 IS
264,000 METRIC TONNES, A REDUCTION OF 1,056,000 METRIC TONNES.
Marian Karr
Late Handouts Distributed
From: Jenna Hammerich <jenna.hammerich@gmail.com>
Sent: Monday, December 05, 20163:52 PM 10
To: Council
Subject: 2 amendments (Date)
Dear Iowa City Council,
I'm writing in support of two amendments to the Climate Action proposal up for vote on Tuesday.
First, I ask that you amend the Iowa City proposal and immediately hire local urban planning and climate
experts like Martha Norbeck and Dr. Jerry Schnoor to draw up a Climate Action Plan, building on the
"Regenerative City Day" proclamation framework by spring 2017, not by 2019.
Second, I support amending the current plan to reduce CO2 emissions by 40% of 1990s levels to reflect the
urgency of climate action.
Let's become a climate action leader!
Thanks for all you do,
Jenna Hammerich
Oxford, IA
Late Handouts Distributed I I
Marian Karr
From:
Becky Ross <beckyross@aol.com>
Sent:
Monday, December 05, 2016 3:58 PM t
To:
Council (Date)
Subject:
Climate Action
To all City Council Members;
Please join other Iowa cities as a climate action leader! I'm asking you to make two important amendments to the
Climate Action proposal up for vote tomorrow.
Dubuque, Fairfield, Des Moines and Chicago have already passed more ambitious climate plans many many years ago, so
please don't delay effective climate action for another two or three fiscal years by searching for an outside facilitator
and then delay another 18 months to draw up a plan. Since the November election, "Mayors From Around the World"
committed to a new deadline 2020 plan at a historic summit last week, calling for all cities to implement our climate
action plans immediately.
Please amend the IC proposal and immediately hire local urban planning and climate experts like Martha Norbeck and
the venerable Dr. Jerry Schnoor at U of I to draw up a Climate Action Plan, building on the "Regenerative City Day"
proclamation framework by this spring, 2017.
Please amend the current plan to reduce CO2 emissions by 40% of 1990 levels to reflect the urgency of climate action in
our times.
Iowa City has a great opportunity to become a climate action leader.
Thank you,
Becky Ross
COMPACT
of
MAYORS
To join the Compact, a city leader must engage in the following four phases over a 3 year period. Each phase has
a 2 step process: Mitigation and Adaptation.
`r
Year 1 Ye� 2 Year 3
Establish An Action Plan
I Within three years, a city's strategic action
Phase 1 Phase 2 Phase 3 Phase 4 Compliant plan must show how it will deliver on its
commitment to reduce greenhouse gas
emissions and adapt to climage change.
Iowa City Community CO2e Totals by Sector
1,800,000
1,600,000
1,400,000
N
U
1,200,000
0
C:
1,000,000
C:
0
800,000
600,000
400,000
200,000
0
�-
Oh.�5
Industrial
11111111111111lCornmercial
Reside ntial
Ul Power Plant
11111111111111Transpodation
Waste
—0O2e As Usual
—Baseline
—27% Reduction
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 3565041
RESOLUTION NO. 16-351
RESOLUTION REJECTING ACTS OF INTIMIDATION AND SUPPORTING A DIVERSE AND
SAFE COMMUNITY
WHEREAS, following the national election the City Council received reports of a number of
intimidating actions directed toward definable groups within the Iowa City community, including
an incident late Friday evening, November 11, 2016 when a racist note was taped to the front
door of a Sudanese -American family in Iowa City telling them "go home'; and
WHEREAS, we are disheartened at the rhetoric, comments, statements and expressions of
hate taking place across the country, and are troubled that similar comments have been made
in our community; and
WHEREAS, verbal and physical acts that threaten or intimidate people with whom one
disagrees are not part of our culture and do not reflect who we are; and
WHEREAS, we are committed to our City Charter, the human rights provisions of our City
Code, and the constitutions of the United States and State of Iowa that protect civil liberties and
provide equal protection under the law; and,
WHEREAS, we strongly condemn any political rhetoric, regardless of viewpoint, that involves
threatening or intimidating language and any actions that involve the threat or fact of physical
harm to others; and
WHEREAS, we celebrate our community's diversity, and welcome all residents who live here,
regardless of their national origin, color, religion, sexual orientation, or gender identity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that we reaffirm our community's shared values of compassion, inclusion,
respect, and dignity; and our commitment to building an environment, and a community, in
which everyone is valued and everyone has the opportunity to thrive.
Passed and approved this 6th day of December, 2016.
MAYOR
ATTEST:
CITY LERK
Ppr d L: / �� • e7 g -�L
City Attorney's Office
Resolution No. 16-351
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
Mims the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Prepared by: Karen Jennings, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025
RESOLUTION NO. 16-352
RESOLUTION APPROVING THE APPOINTMENT OF JODY MATHERLY AS POLICE CHIEF
IN IOWA CITY, IOWA
WHEREAS, the City of Iowa City, Iowa contracted with Slavin Management Consultants to
conduct a national recruitment for a new Police Chief; and
WHEREAS, in accordance with Section 4.04(A)(3) of the Iowa City Home Rule Charter the City
Manager shall appoint the Chief of the Police Department with the approval of the City Council;
and
WHEREAS, subject to certification of the Police Chief hiring list by the Civil Service Commission
at their December 2, 2016 meeting, the City Manager will appoint Jody Matherly; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT the appointment of Jody Matherly as Police Chief in Iowa City, Iowa is
hereby approved.
Passed and approved this 6th day of December . 20 16
MOOR
ATTEST:
ERK�
13
yz
ved by
/z -r -1(P
City Attorneys Office
It was moved by Mims and seconded by Botchway the Resolution be adopted,
and upon roll call there were:
AYES:
NAYS: ABSENT:
%
Botchway
X
Cole
x
Dickens
X
Mims
x
Taylor
x
Thomas
x
Throgmorton
CITY OF IOWA CITY 13
MEMORANDUM
Date: November 30, 2016
To: City Council
From: Geoff Fruin, City Manager
Re: Approval of Police Chief Appointment
Introduction:
Following the June 30, 2016 retirement of Police Chief Sam Hargadine, the City Manager's
Office launched a recruitment process to fill the vacant position. The recruitment and hiring
process was approved by the Civil Service Commission and was aided by the public sector
executive search firm, Slavin Management Consultants.
The Civil Service Commission will be asked to certify Mr. Jody Matherly as qualified for the
position of Police Chief, in accordance with the Commission approved recruitment and hiring
process, at its December 2, 2016 meeting. As required by the City Charter and assuming Civil
Service Commission certification, I am seeking the City Council's approval of my appointment of
Mr. Matherly to the Police Chief position.
Recruitment Process:
The City enlisted the assistance of Slavin to lead the recruitment process. Slavin was chosen
after a competitive Request for Quote (RFQ) process. Slavin's demonstrated success in public
sector recruitment, their track record of recruiting and placing diverse candidates and their
pricing set them apart from other executive search firms. Upon being selected, Slavin
immediately began developing the recruitment brochure (attached). The brochure content was
informed by input received from meetings with individual City Council Members, several focus
groups including representatives from local law enforcement agencies, the City's Diversity
Roundtable, the Civil Service Commission, the Community Police Review Board and others. At
that time, the City also created a dedicated webpage outlining the process, estimated timeline
and instructions on how to provide feedback throughout the process.
Application materials were disseminated in late July with a deadline of September 11th. The
position was advertised with the following outlets:
• International Association of Chiefs of Police (IACP)
• International City/County Management Association (ICMA)
• ICMA JOB
• Hispanic American Police Command Officers Association (HAPCOA)
• National Organization of Black Law Enforcement Executives (NOBLE)
• National Association of Women Law Enforcement Executives (NAWLEE)
• Iowa League of Cities
• govtjobs.com
Slavin conducted extensive networking efforts to identify high-quality candidates who fit the
City's needs as outlined in the recruitment brochure. Slavin reported that they initiated 300-400
communications to law enforcement and local government management professionals asking
them to consider applying for the Iowa City Police Chief job or to contact others who might be
interested in this position. Particular emphasis was placed on contacting individuals from
diverse backgrounds and law enforcement personnel who work in communities with large
November 30, 2016
Page 2
college campuses. In total, Slavin indicates they recruited law enforcement personnel from
communities in 23 states.
Application materials were received by eighteen candidates by the September 11th deadline.
Along with Slavin, Karen Jennings, Human Resources Administrator, and I reviewed all
application materials (resume and cover letter) and determined there were ten candidates who
warranted further consideration in light of the recruitment profile and the necessary
qualifications. Per Slavin's recommended practice, a questionnaire was sent to all ten
candidates. The standard Slavin questionnaire generally probed more into work history and
supplemented the previously submitted resume. In addition, however, the City included three
questions at the end to provide insight into candidates' views on a few critical topics. At this step
in the process, two candidates voluntarily withdrew from our process leaving eight remaining
candidates. The application materials and questionnaires from the eight remaining candidates
were reviewed by Slavin, Karen Jennings, Eleanor Dilkes, City Attorney, Stefanie Bowers,
Equity Director, John Grier, Fire Chief and me. From this review, I selected six candidates to
bring to Iowa City for interviews. While scheduling these interviews, two additional candidates
voluntarily withdrew from the process leaving four semi-finalist candidates.
In order to help provide a broader range of feedback on our four remaining candidates, a
committee of sixteen people was assembled to conduct interviews. Interview questions were
developed in part from suggestions received from the sixteen member panel, as well as from
feedback received from the public at earlier points in the recruitment process. The sixteen
member panel was divided into two, eight person teams and each of the four candidates
interviewed with both panels for a total of three hours of questioning on a variety of topics. The
members of the sixteen person interview panel are listed below:
• Geoff Fruin, City Manager
• Eleanor Dilkes, City Attorney
• David Schwindt, Iowa City Police Department
• Rick Wyss, Civil Service Commission
• Mazahir Salih, Community Police Review Board
• Anthony Smith, New Creations International Church
• Brian Loring, Neighborhood Centers of Johnson County
• Latasha DeLoach, Johnson County Disproportionate Minority Contact Committee
• John Grier, Fire Chief
• Karen Jennings, Human Resources Administrator
• Stefanie Bowers, Human Rights Coordinator / Equity Director
• Jorey Bailey, Iowa City Police Department
• Shams Ghoneim, Human Rights Commission
• Janet Lyness, Johnson County Attorney
• Scott Beckner, University of Iowa Director of Public Safety
• Rebecca Neades, Iowa City Area Chamber of Commerce
In addition to the interviews, the individual candidates each met with Simon Andrew, Assistant
to the City Manager, Mayor Jim Throgmorton and Council Member Susan Mims. At the
conclusion of the four interviews, these individuals and the interview team met as a group to
discuss insight into each of the candidates. Some of the individual members also met with me
separately to share additional thoughts on the candidates and their responses to the questions.
It is important to note that the interview panelists were not asked to endorse or choose
candidates. Rather they shared their views and helped inform my decision on who to advance to
the finalist stage and what, if any, issues they felt needed to be further explored at the finalist
phase of the process.
Based on feedback received from the interview panel, I advanced three candidates to the finalist
stage of the process. This stage included a community tour, police station tour, final interview
conducted by Council Member Botchway and I, a Police Department staff meet and greet and a
November 30, 2016
Page 3
public meet and greet session. The public meet and greet session was structured in an open
house style format. I did receive a couple of questions and criticisms about the event format. I
chose this style over a town hall style for a variety of reasons which are listed below:
• Participant Comfort: Many people may not feel comfortable asking questions in front of a
large audience.
• Schedule Flexibility: The chosen format allows for people to come and go during the two
hours and get their questions answered. If you come late to a town hall meeting you may
not get your question asked or you may repeat a question that has already been asked.
• Number of Questions: Fewer questions get asked at a Town Hall style meeting (one
question plus 3 responses can easily take 10-15 minutes).
• Broad Participation: Town hall style meetings carry greater risk that a small number of
participants will take the majority of candidates' time for the issue(s) that matter most to
them personally.
• Opportunity for Personal Connection: In a more personal setting such as an open house
event people have a better opportunity to establish a connection with each candidate.
The ability of a candidate to relate to an individual or small group is an important
dynamic and I hoped to get a sense of how candidates connected with people attending
the event.
While I recognize there are also advantages to a town hall style meeting, in the end I believe the
open house format was the best way to conduct the public event and resulted in feedback from
the public that helped inform my decision.
The final step in the process was the background check. Slavin conducted on-site interviews in
the communities of our two external candidates. Additionally, they conducted phone interviews
with a variety of people that know each of the three candidates. I personally, conducted
additional background calls on Mr. Matherly.
The process that is outlined above is far more extensive than any other department head
recruitment, and I believe soliciting this level of public input is important when selecting a Police
Chief. The public involvement and feedback absolutely helped shape my views at all stages in
the process. The feedback also helped me identify lines of questioning with each of the
candidates and for the background check. At the conclusion of the process I felt very confident
that I had the information I needed to make a well-informed decision. I further felt that it was
clear that Mr. Matherly is not only the best fit, but the right fit for the department and the
community.
A final comment about the process revolves around criticisms that all semi-finalists were white
males. The City placed a strong emphasis on recruiting a diverse applicant pool and more
importantly, targeting applicants that were committed to working on issues of diversity
regardless of their own personal background. While our total number of applicants was fewer
than expected (eighteen), there is good reason to believe that at least four of the eighteen
applicants were of minority status. This belief is ascertained through disclosures in their
application submittals such as memberships in professional organizations (e.g. National
Organization of Black Law Enforcement Executives). Once the eighteen applications were
received all applicants were held to the same standards through the review process.
Recommendation:
I recommend that Council approve the appointment of Mr. Jody Matherly to the position of
Police Chief, effective January 23, 2017.
Mr. Matherly has over thirty-three years of law enforcement experience in a variety of urban and
suburban settings. He has over thirteen years of experience as a Police Chief in the
November 30, 2016
Page 4
communities of Altoona and Grinnell, Iowa. Prior to his service in those communities he
ascended from the officer rank to Sergeant and eventually Lieutenant in the Flint, Michigan
Police Department. Each of the communities share attributes with Iowa City and uniquely
provide Mr. Matherly great perspective as he prepares to lead our Police Department.
Throughout his career, Mr. Matherly has demonstrated a strong commitment to professional
development, continuing education and community involvement. He is very active in police
professional organizations and as a result stays abreast of current issues and best practices. He
holds a Bachelors Degree in Criminal Justice and a Masters Degree in Interdisciplinary
Technology. He has a strong reputation as a visible presence in the community and has clearly
demonstrated a commitment to developing and nurturing community relationships that build
trust, open communication channels, and lead to collaborative community problem -solving
efforts.
Through the interview process, Mr. Matherly demonstrated a solid understanding of all topics
that were discussed. He stressed understanding community values and expectations and
allowing such principles to guide activities of the department. Mr. Matherly articulated a strong
desire to engage with the public and the media in a manner that builds trust through
transparency. He expressed that his commitment to be accessible will be extended throughout
the department as he wishes to empower employees at all levels of the organization to be
engaged with the public beyond their direct service duties. When conducting background visits
and calls both Slavin and I found that Mr. Matherly has a proven track record that reflects what
he communicated through the interview process.
Finally, I believe that Mr. Matherly will be a strong internal leader. He will be inheriting a very
talented and passionate group of employees that have a strong desire to serve the Iowa City
community. I am confident that he will work hard to gain the trust and respect of his employees
and that his reputation as a strong, fair and accessible presence to employees will help elevate
the department to new heights. Ultimately, I believe that his ability to authentically connect with
employees and lead them with confidence will allow the City as a whole to more effectively
engage externally with the community.
Lastly, I would be remiss if I did not acknowledge the efforts of the Iowa City Police Department
during the last five months of transition. Specifically, I would like to acknowledge Captains Troy
Kelsay and Bill Campbell who continue to take on additional administrative tasks and lead the
department during this transition. As is always the case in these types of situations, many other
employees are asked to take on more responsibility and our Police Department staff has done
so admirably and remained committed to providing .exceptionally high levels of service to the
community.
Thank you also to the City Council for participating in various ways throughout the process. I
look forward to answering any questions you have about the process or my appointment of Mr.
Jody Matherly on December 6h.
ABOUT IOWA CITY
Iowa City, Iowa
Invites Qualified Candidates to Apply For
Police Chief
� r
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
Offering big -city amenities along with small-town hospitality,
Iowa City is recognized by many national surveys and
publications as one of the best places to live, work, play, raise a
family, and retire. With a population of more than 74,000, Iowa
City is the county seat of Johnson County which has a
population of more than 144,000.
Nestled in the heart of the Midwest, Iowa City has long served
as a locus for culture, education, variety, and fun. When
statehood was achieved in 1846, Iowa City was the first state
Capitol. The Capitol was moved to Des Moines in 1857. "Old
capitol" is now a national historic landmark.
Iowa City is a diverse community from all perspectives including
social, economic, business, education, and housing. One of the major contributing factors to the community's
diversity is the University of Iowa which was founded in 1847. It is recognized as one of the nation's top public
research universities offering more than 200 majors, minors,
and certificate programs for its 31,000 students.
Iowa City is a culturally, ethnically, and racially diverse
community. Whether walking downtown on the tree -lined
Pedestrian Mall, strolling on the University of Iowa campus, or
frequenting one of the communiry/s many fine restaurants, one
cannot help but notice in the space of minutes the
cosmopolitan nature of Iowa City with its many different
languages and accents spoken. Other relevant demographic
information is 59 percent of the community's population has at
least a bachelor's degree which is double the national average,
and the community's median age of 26 is 31 percent below the
U.S. average.
Iowa City is the only North American community designated by the United Nations Educational, Scientific, and
Cultural Organization (UNESCO) as a City of Literature. This designation was conferred on Iowa City in 2008 in
recognition of the community's deep cultural assets and its strong creative and economic foundations.
Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment -08/16 ( 1
EDUCATION
Since 1936, the University of Iowa has been home to the renowned Iowa Writers' Workshop which has fostered the
creative talents of writers such as Ray Bradbury, Kurt Vonnegut, and Flannery O'Connor. University of Iowa Hospitals
and Clinics is one of the largest university -owned teaching hospitals in the nation and has been named one of
"America's Best Hospitals" by U.S. News and World Report magazine. Also, the University has been a pioneer in such
diverse fields as speech pathology, space exploration, and educational development.
The University of Iowa has a long and distinguished list of national firsts including:
➢ admitting men and women on an equal basis;
➢ admitting students regardless of race; and
➢ creating a Master of Fine Arts degree.
Iowa City is also served by the Kirkwood Community College
campus which has an enrollment of 3,300 students. Besides a full
Arts and Sciences curriculum, Kirkwood offers customized
training programs for area businesses.
Iowa is known for its emphasis on education and routinely has
some of the highest performing school districts in the country.
The Iowa City area is no exception offering a variety of excellent
K-12 educational opportunities. The Iowa City Community School
District has a growing enrollment of more than 13,000 K-12
students. The District includes the nearby communities of
Coralville, Hills, and North Liberty and has 20 elementary schools, three junior high schools, two senior high schools
with a third to open in Fall of 2017, one alternative school for seventh through twelfth graders as well as daycare and
pre-school facilities. Iowa City is also home to: Regina High School, a private Catholic institution; Willowwind School,
an independent school with K-8 and Montessori pre-school; and Preucil School of Music specializing in the Suzuki
method of instruction.
ECONOMY
Iowa City's economy is as diverse as it is prosperous and
includes Proctor and Gamble, Pearson, Oral 8
Laboratories, the corporate headquarters for ACT, and
scores of smaller industries and businesses. The
University is the community's largest employer with
more than 24,000 employees. The academic and
research mission of the University along with the health
care services provided by its hospitals and clinics have a
tremendous economic impact on the area.
The Cedar Rapids/Iowa City Creative Corridor located at
the crossroads of 1-80 and 1-380 in the center of the United States is a model of regional development.
Iowa's
Creative Corridor is home to one-half million residents in a seven -county region in Eastern Iowa. For more
information about Iowa's Creative Corridor and its regional brand, please visit creativecorridor.co/.
LEISURE AND CULTURE
From music and art festivals to Broadway performances, Iowa City has an event to suit anyone's taste. During the
summer months, live music becomes a part of the downtown's irresistible ambiance. Each July the community hosts
a jazz festival that attracts music enthusiasts from near and far. The annual Iowa Arts Festival features the state's
best visual art, music, and food. Over the years the Hancher Auditorium has hosted productions such as Stomp, Rent,
Cats, and Les Miserables. Hancher has also showcased the best in entertainers including Jerry Seinfeld, Yo Yo Ma,
and Wynton Marsalis. Unfortunately, Hancher Auditorium was damaged beyond repair during the devastating flood
of 2008. Hancher has been hosting events at various venues in Iowa as it awaited completion of a new $176 million
Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment -08/16 12
auditorium. The new auditorium will be opening soon, and Hancher's 2016-17 entertainment lineup includes Steve
Martin and Martin Short, the Book of Mormon, Joffrey Ballet's presentation of the Nutcracker, the Sound of Music,
the Cleveland Orchestra, Mamma Mial, and the Boston Pops Esplanade Orchestra.
Iowa City also has several community theatres including Riverside Theatre's Shakespearean stage located in City Park.
This open-air theatre presents shows under the stars. The restored historic Englert Theatre is located downtown, and
the community also has a vibrant Iowa City Community Theatre.
Iowa City boasts rolling hills, lush and scattered woodlands, and tall grasses. The City enjoys an extensive parks and
recreation system that includes nearly 1000 acres of prairie, wetlands, and forested acres and over 40 miles of trails.
Nearly every Iowa City resident lives within one-half mile of public open space. Coralville Lake, located north of Iowa
City, offers a multitude of recreational activities. In addition to over 5,000 acres of water for pleasure boating,
fishing, swimming, and water skiing, the area is laced with attractive
hiking, biking, and cross-country skiing trails and offers 500
campsites.
Iowa City is full of unique shopping opportunities. The vibrant,
walkable downtown is unequalled when it comes to offering
specialty goods including clothing, jewelry, art, gifts, toys, books, and
more. The Coral Ridge Mall located in nearby Coralville is a full-scale
regional shopping mall.
In December 2015, the Iowa City/Coralville Area Convention and
visitors Bureau (CVB) released a new marketing video entitled
"Great Big Storm" which can be found at httos://www.youtube.com/watch?v=HMmvkFeFl-Y.
Additional information about Iowa City is available at www.icgov.org
Photo courtesy of Chad Lautner
Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment -08/16 13
CITY GOVERNMENT
The City of Iowa City has operated under the council-manager form of government since 1951. In 1973, Iowa City
voters approved a home -rule charter for the City making it one of the few cities in Iowa with a charter which provides
the City with more authority and flexibility.
The City Council consists of seven Council Members elected at -large to four-year overlapping terms. There are no
term limits and Council elections are nonpartisan. Three Council Members are nominated by district. A primary
election is held in the district only if there are three or more candidates for a district Council seat. One of the Council
Members is selected as Mayor by a majority vote of the Council and serves a two-year term as Mayor. The Mayor is a
voting member of the Council and has no veto power.
The Council appoints a City Manager, City Attorney, and City Clerk. The Council and Civil Service Commission also
approve the City Managers appointment of the Police Chief and Fire Chief both of whom report to the City Manager.
Iowa City is a full-service municipal government providing a wide array of services as shown in the organizational
chart below. The City is on a July -June fiscal year and has an annual budget of $168 million and 600 FTE's.
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City of Iowa City
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Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment — 08/16 14
OUR SEVEN GOALS
Iowa City's 2016-2017 Strategic Plan
A mare buiesm, hsst and Susbmable Iowa City
Promote a Strong and
STRATEGIC GOAL t Resilient Economy
STRATEGIC GOAL 2 Encourage a Vibrant and
Walkable Urban Core
STRATEGIC GOAL:3:1 Foster Healthy Neighborhoods
n throughout the City
STRATEGIC GOAL 4] Maintain a Solid
Financial Foundation
Enhance Community
STRATEGIC GOALE, I Engagement and
Intergovernmental Relations
Promote Environmental
STRATEGIC GOAL 6
Sustainability
v
Advance Social Justice
QTEGIC GOAL 71 and Racial Equity
The City conducts collective bargaining with Police, Fire, and AFSCME units. Police Officers are represented by the
Police Labor Relations Organization (PLRO) of Iowa City. This bargaining unit does not include Sergeants, Lieutenants,
Captains, and the Police Chief. The PLRO has a good working relationship with the City.
The City has a three-year agreement with the Police bargaining unit which is in effect until June 2019. The City has a
three-year agreement with the Fire union represented by the IAFF which also is in effect until June 2019. The
AFSCME bargaining unit which is comprised of many office, field, technical, and professional employee classifications
including Police Records and Animal Services Officers positions has a five-year agreement with the City which is in
effect until June 2020.
There are presently 33 neighborhood associations in Iowa City which have officially been recognized by the City.
The Neighborhood Council of Iowa City, a collaboration of neighborhood associations, addresses issues common to
all neighborhoods.
Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment -08/16 15
ACCREDITATIONS, AWARDS, AND RECOGNITIONS
The Police Department has been
a Commission on Accreditation
for Law Enforcement (CALEA)
accredited law enforcement
agency since 1999. The Fire
Department was accredited by
the Commission on Fire
Accreditation International (CFAI)
in 2008 and is one of only 187
organizations in the world to earn
CFAI Accredited Agency status.
The City of Iowa City has a AAA
bond rating which is the highest
rating available. Iowa City is one
of only two cities in Iowa with this
IOWA CITY RECOGNITIONS -2015 and 2016
Following are some of the recognitions received by Iowa City in the last two years.
#1 Best Cities For College Grads by huffingtonpost.com
■ #3 Best City To Live In America by outsidemagazine.com
#1 Employment Destinations Index by American Institute for Economic
Research
#6 The 10 Smartest Cities in America by MarketWatch
#2 Least -Stressed City in U.S. by smartasset.com
#4 Best College Towns by American Institute for Economic Research
#5 Best -Performing Cities (Small Cities) by Milken Institute
#6 Easiest Cities to Find a Job by ziprecruiter.com
■ #8 Top 30 Small Cities by Area Development Magazine
coveted bond rating. In addition,
the City has received the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence
in Financial Reporting and the GFOA Distinguished Budget Presentation Award for many years.
POLICE DEPARTMENT
The Iowa City Police Department (ICPD) has an annual budget of $12M and 110 FTE's including 82 sworn positions.
The Department provides patrol, investigations, crime prevention, animal control, and other related services. All
sworn Police personnel and select non -sworn personnel wear body cameras and Police squad cars are equipped with
cameras as well.
Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment - 08/16 16
Iowa City Police Department Organization Chart
Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment — 08/16 17
The Police Department's primary Police Station is
located in the same building as City Hall at 410 E.
Washington Street downtown. A Police
Substation opened in 2010 in southeast Iowa
City houses the Crime Prevention Office. This
Substation makes southeast Iowa City
neighborhood involvement more accessible by
offering convenient access to police if needed.
Through a partnership with the Iowa City
Downtown District, the District provides partial
funding for a Police Officer who maintains a
walking beat downtown.
One of the aforementioned City Council strategic
goals is to advance social justice and racial
equity. The Police Department and others play
a significant role in helping to achieve this goal.
Sub -areas within this strategy include:
➢ Develop and implement a racial/socioeconomic
equity review toolkit;
➢ Support the Housing First initiative and other local
homeless efforts including the temporary winter
shelter,
➢ Evaluate initiatives to effectively engage the
community's youth;
➢ Identify and Implement an achievable goal to reduce
disproportionality in arrests;
Create a racial equity grant program;
➢ Develop a partnership with the University of Iowa
and other key stakeholders that will aid efforts to
recruit and retain a greater minority workforce; and
➢ Identify a substantive and achievable goal for the
provision of affordable housing in Iowa City and
implement strategies to achieve this goal.
The Iowa City Community Police Review Board (CPRB)
was established in 1997 to provide the public with a
complaint process regarding potential police misconduct
and assure that investigations into potential misconduct
are carried out in a fair, thorough, and accurate manner.
The review process is initiated with a Police Department
investigation report. The CPRB can either sustain the
investigation report's recommendation regarding
discipline, or not sustain it, in which case the CPRB's
recommendation is returned to the Police Chief for a
final decision regarding disciplinary action.
The last Police Chief recently retired after being in the
position for 11 years. In the last 41 years there have
been only three Iowa City Police Chiefs.
Photo courtesy of University of Iowa Athletics Department
Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment -08/16 18
ISSUES AND OPPORTUNITIES
The following is a summary of the issues and opportunities to be managed by Iowa City's next Police Chief.
Internal and External Engagement
The Police Chief should have proactive in-person contact
with Police employees to keep them informed and
ensure a consistency of message throughout the
Department. The Police Chief is the face of the
Department and should be an active community
participant/leader. The Chief should also encourage
Police employees to be involved in the community and
initiate positive interactions with residents.
Police/Community Relationship
With increased tension nationally between police
departments and racial minorities and the inception of
the Black lives Matter movement, the Police Chief will be
expected to engage in this issue and develop policies and
programs that strengthen bonds in the community.
There is a need to facilitate ICPD dialogue with many
historically disadvantaged groups and the general public
to build more trust and connection especially between
ICPD and the Black and Hispanic communities. Much of
the foundation for this type of dialogue is already in
place given Iowa City's long history of engaging in public
dialogue for community betterment. The next Police
Chief must have compassion and understanding of social
and racial justice.
Homelessness
As in many communities, there are persons who are
homeless that reside in Iowa City. The Shelter House is a
local nonprofit agency that provides emergency shelter
and programs to help people get back to work, assists
persons who are elderly or disabled in accessing benefits
and health care, and moves individuals and families into
their own homes. In 2014-15 the Shelter House
provided emergency shelter for 817 adults and children
which is a 25 percent increase over the previous year.
The Police Chief will be involved in working with a
multitude of community partners in continuing to
address this issue.
Non -U.S. Citizens
Johnson County offers a community photo identification
card to ensure all residents including non-U.S citizens
can participate fully in the economic and social life of the
area. The intent of this program is also to make non-
citizens more comfortable contacting Police with
knowledge about potential crimes.
Photo courtesy of University of Iowa Athletics Dept.
Prepared by Slavin Management COnSUItants for Iowa City Police Chief Recruitment — 08/16 19
Crisis Intervention Team
Several Police personnel and others from Iowa City recently travelled to San Antonio to learn about their Crisis
Intervention Team (CIT) model designed to improve the way law enforcement and the community respond to people
experiencing mental health crises. The CIT is built upon strong partnerships among law enforcement, mental health
provider agencies, and individuals and families affected by mental illness. The ICPD will be actively working with
other City departments and nonprofit agencies in CIT procedures with the goal of getting help to those suffering from
mental health challenges and drug and alcohol abuse, diverting them from jail, and de-escalating potential crisis
situations.
Disproportionate Minority Contact
The ICPD which is one of two Iowa police departments
that collect and analyze traffic stop data has been
collecting this data since 1999 in response to concerns
by some about racial profiling. A Saint Ambrose
University (located in Davenport, Iowa) Sociology and
Criminal Justice Professor conducted a studies in 2014
and 2016 that indicated levels of disproportionality in
traffic stops and outcomes. The Police Chief will be
leading an effort to identify and implement an
achievable goal to reduce traffic stop racial
disproportionality with the goal of strengthening
community confidence and trust in the ICPD.
Media Relations
Being a robust economic, political, and cultural force, Iowa City receives media coverage from two local newspapers,
one Cedar Rapids newspaper, and one Des Moines newspaper. The community also receives coverage from four
eastern Iowa television stations. The Police Chief needs to take an active role in framing issues and providing
rationale for Police Department actions and policy positions to the news media. Media briefing responsibilities are
shared between the Police Chief and the Department's Public Information Officer (PIO) on an issue -by -issue basis.
More Diverse Police Force
There is a desire to diversify the ICPD workforce in terms of gender,
racial makeup, and sexual orientation to more closely reflect
community demographics. This will take an accelerated effort on the
part of the ICPD to outreach with schools, colleges, and others to
attract the aforementioned groups' interest in choosing a career in
law enforcement. Entry-level testing also needs to be periodically
reviewed to assure it is bias -free.
Community Policing
The ICPD has a Crime Prevention Officer, Downtown Liaison Officer,
and Neighborhood Response Officer whose positions are geared to building strong community relationships and
preventing crime. Also, there are three officers assigned as liaisons to the Lesbian, Gay, Bisexual, Transgender,
Queer/Questioning (LGBTQ) community to foster better relations between ICPD and this community and obtain
information to help prevent and solve crimes. The City is interested in considering additional community policing
programs.
Cooperation with Other Local Law Enforcement Agencies
The ICPD has a collaborative relationship with the other six Johnson County law enforcement agencies. Regional
partnerships include the Joint Emergency Communication Center, Drug Task Force, Metro Bomb Squad, Citizens
Police Academy as well as jointly covering big events such as Iowa Hawkeye football games.
Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment -08/16 1 10
JOB REQUIREMENTS
The minimum job requirements are: 1) Bachelor's degree in Criminal Justice or related field from accredited college or
university with Master's degree preferred; and 2) ten years in public law enforcement, five years of which must have
been as a supervisor or command officer.
Desired Professional and Personal Attributes
The following are the desired professional and personal attributes for Iowa City's next Police Chief:
• Appreciation and sensitivity with cultural and racial diversity a must;
• Approachable, dynamic leader who is able to inspire community and ICPD;
• Thick skin and not defensive with ability to interact with all people;
• Mentors/coaches employees and provides clear and consistent expectation of performance and
promotional criteria;
• Good public speaking skills with command presence and
ability to think well on feet;
• Respectful of community protest as exercise in democracy
and form of feedback,
• Solution -focused and open to productive change;
• Active participant on City Executive Team with willingness
to assist other Departments;
• Good listening and communication skills;
• Transparent within limits of law;
• Regional law enforcement cooperation important;
• Ability to manage, motivate, and hold Department employees accountable;
• Ability to continue productive working relationships with labor unions; and
• Bilingual ability a plus.
COMPENSATION
The compensation for the Police Chief job is highly competitive including an excellent
fringe benefit package. The starting salary is dependent on the selected individual's
qualifications and match with the desired attributes being sought by the City. The City will
pay reasonable and customary moving expenses for the next Police Chief who is required
to live within the city limits.
To Apply:
In order to be considered for this position, please send your resume and cover letter
with current salary by September 11, 2016 to pwconsultins@cox.net. For additional
information about this job, please contact:
Robert E. Slavin
President
Slavin Management Consultants
Paul Wenbert, ICMA-CM
Western Regional Manager
Slavin Management Consultants
Norcross, Georgia Mesa, Arizona
770-449-4656 480-664-2676
slavin@bellsouth.net owconsultinR@cox.net
AN EQUAL OPPORTUNITY RECRUITER/EMPLOYER
SIAVIN A(:kTiF:NI'
('ONS('II-\NIK
Prepared by Slavin Management Consultants for Iowa City Police Chief Recruitment — 08/16 111
14.
Prepared by: Sara Hektoen, Asst. City Attorney, 410 Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 16-353
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST A SETTLEMENT AGREEMENT
AND MUTUAL RELEASE BY AND BETWEEN THE CITY OF IOWA CITY AND
JOSEPH J. HENDERSON & SON, INC. REGARDING THE SOUTH WASTE
WATER TREATMENT PLANT BIOSOLIDS ROOF
WHEREAS, the City Council believes it is in the best interests of the City of Iowa City to
enter into a settlement and mutual release agreement with Joseph J. Henderson & Son,
Inc. a/k/a JJ Henderson, related to the Iowa City Wastewater Treatment Facilities
Consolidation Project and the remediation of damage caused to the BioSolids Roof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The Settlement Agreement and Mutual Release attached hereto is in the public
interest and is approved.
2. The Mayor and the City Clerk are hereby authorized and directed to execute the
attached Settlement Agreement and Mutual Release.
Passed and approved this 6th day of December 016.
e��' 41 -
OR
Approved by
ATTEST: - �� ''�
C ERK City Attorney's Office �� -2
Resolution No.
Page 2
16-353
It was moved by Mims and seconded by Botchway the
Resolution be adopted, and upon roll call there were:
EVA=
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Agreement is dated December 6, 2016. The parties to this Agreement are
CITY OF IOWA CITY, IOWA (" IOWA CITY") and JOSEPH J. HENDERSON &
SON, INC. (-HENDERSON-).
RECITALS
A. IOWA CITY is a Municipal Corporation located in Iowa.
B. HENDERSON is an Illinois corporation with its principal place of
business in Gurnee, Lake County Illinois.
C. On or about May 12, 2012, IOWA CITY and HENDERSON entered
into a contract ("Contract") for work related to the Iowa City
Wastewater Treatment Facilities Consolidation Project ("Project')
with a completion date of February 7, 2014.
D. HENDERSON has delivered to Iowa City a Bond in the amount of
$2,040,642.80 conditioned to pay any and all judgments against
the construction funds retained by Iowa City under the terms set
forth in the Bond. The Bond is attached as Exhibit A.
E. HENDERSON has herewith submitted to Iowa City a revised
application for payment of its retainage with the following
deductions:
i. $130,866.48 as reimbursement to IOWA CITY for repair
costs on the BioSolids Roof;
ii. $57,714.37 as a deduction to the net Contract Amount due to
Change Orders; and
iii. $397,500.00 as Liquidated Damages.
The revised Payment Application is attached as Exhibit "B".
AGREEMENT
1. Iowa City and each and every one of its past and present affiliates,
predecessors, insurers, indemnitors, directors, representatives, officers,
employees, successors and assigns, hereby release all claims, including
claims for indemnity and contribution, against Henderson arising from
the matter recited above, with the following exception. Iowa City does
not release any claims arising from any and all Warranties described or
provided for in the Contract.
2. Henderson and each and every one of its past and present affiliates,
predecessors, insurers, indemnitors, directors, representatives, officers,
employees, successors and assigns, hereby release all claims, including
claims for indemnity and contribution, against Iowa City arising from the
matter recited above, with the following clarification. Henderson does not
release, and specifically reserves claims against third -parties other than
Iowa City arising out of the matter recited above, including but not
limited to the builder's risk insurance coverage claim against Traveler's
Insurance; and including but not limited to claims against subcontractors
or suppliers for work that did not conform to the Contract.
3. Iowa City shall, through its City Council on December 6, 2016, pass a
resolution of "Completion and Final Acceptance' for the Project
indicating that Iowa City has formally accepted the Work performed
under the Contract.
4. Henderson shall send notice, through fax and U.S. mail to their agent or
attorney, to all remaining Chapter 573 Claimants of "Completion and
Final Acceptance" for the Project indicating that Iowa City has formally
accepted the Work performed under the Contract.
5. Iowa City shall pay Henderson the amount of $1,705,184.39 on or before
December 16, 2017.
6. Henderson shall defend and indemnify Iowa City from and against all
claims by third parties against Iowa City for payment of retained funds
under Chapter 573 of the Code of Iowa, and shall maintain the Bond
attached hereto until all such claims expire, are released, or are satisfied.
7. Iowa City shall cooperate with and provide reasonable assistance to
Henderson in the defense of Iowa City against Chapter 573 claims.
8. This Release and Settlement Agreement covers all injuries and damages,
whether known or not and which may hereafter appear or develop arising
from the matters above referred to.
9. This Release and Settlement Agreement is the exclusive agreement
disposing of claims herein identified and no promise for any other or
further consideration has been made by anyone.
10. This Release and Settlement Agreement is executed as a compromise
settlement of a disputed claim, liability for which is expressly denied by
the released Parties, and the payments of the above sums do not constitute
an admission of liability on the part of any person or entity.
11. Each of the undersigned represents that they are authorized
representatives and agents of their respective parties to execute this
Release and Settlement Agreement.
12. This Agreement represents the entire understanding between the parties
in connection with the subject matter hereof, and may not be altered or
modified except by a writing signed by all parties affected by the
alteration or modification.
13. Any provision in this Agreement which is prohibited or unenforceable in
any jurisdiction shall be ineffective only to the extent of such prohibition
or unenforceability without invalidating the remaining provisions of this
Agreement, as long as the intent of the Agreement as a whole remains
enforceable.
14. The terms of this Agreement shall be interpreted and enforced in
accordance with the law of the State of Iowa previously stated in Article
8.5 of the Contract of the Project and enforceable by legal or equitable
proceedings in a court of appropriate jurisdiction as noted in the Contract -
General Conditions - Article 14.01.
15. This Agreement may be executed in several counterparts, each of which
shall be deemed to be an original and which counterparts shall together
contain the signatures of all of the parties hereto and shall constitute a
single binding and complete Agreement.
THAT I HAVE READ THE FOREGOING RELEASE, AND UNDERSTAND ITS
TERMS AND FREELY AND VOLUNTARILY SIGN THE SAME.
CITY OF IOWA CITY, IOWA
By:
M yor of City of CIT OF IOWA CITY
JOSEPH J. HENDERSON & SON , INC.
By:
A. Henderson, Presi
Attest: \
CITY CLERK
TJ
the released Parties, and the payments of the above, sums do not constitute
an admission of liability on the part of any person or entity.
11. Each of the undersigned represents that they are authorized
representatives and agents of their respective parties to execute this
Release and Settlement Agreement.
12 This Agreement represents the entire understanding between the parties
in connection with the subject matter hereof, and may not be altered or
modified except by a writing signed by all parties affected by the
alteration or modification.
13. Any provision in this Agreement which is prohibited or unenforceable in
any jurisdiction shall be ineffective only to the extent of such prohibition
or unenforceability without invalidating the remaining provisions of this
Agreement, as long as the intent of the Agreement as a whole remains
enforceable.
14 The berms of this Agreement shall be interpreted and enforced in
accordance with the law of the State of Iowa previously stated in Article
8.5 of the Contract of the Project and enforceable by legal or equitable
proceedings in a court of appropriate jurisdiction as noted in the Contract -
General Conditions - Article 14.01.
15. This Agreement may be executed in several counterparts, each of which
shall be deemed to be an original and which counterparts shall together
contain the signatures of all of the parties hereto and shall constitute a
single binding and complete Agreement
THAT I HAVE READ THE FOREGOING RELEASE, AND UNDERSTAND ITS
TERMS AND FREELY AND VOLUNTARILY SIGN THE SAME.
OWA CITY
B.
Mayor of City of CITY OF IOW
/r �_�rmi
F,XHIBIT,4
LIEN BOND
BOND NO. 929639040
KNOW ALL MEN BY THESE PRESENTS:
That we Joseph J. Henderson & Son, Inc. as Principal, and
Continental Casual Company as Surety, being a surety company authorized to
do business in the State of Illinois are held and firmly bound unto City of Iowa Citv
in the sum of
Two Million Fortv Thousand Six Hundred Fortv Two and 80/100 dollars ($ 2,040,642.80 ), lawful
money of the United States for the payment of which well and truly to be made, we jointly and severally
by these presents, do funky bind ourselves, our heirs, executors, administrators, successors and assigns.
The conditions of the above obligations are such that:
WHEREAS, on the 24h day of April, 2012, the City of Iowa City entered into a construction
Contract with Joseph J. Henderson & Son, Inc.,amended on June 19,2012, and
WHEREAS, certain liens listed have been filed with the City of Iowa City against public funds
payable under that construction Contract, which Contract provides in Article 12.07.A.3.Final Payment
that a bond be provided to indemnify the City of Iowa City from any filed outstanding project liens in
order to allow Final Payment to Joseph J. Henderson & Son, Inc.,
WHEREAS, the Liens Notices against the public funds held for the Project are as follows:
Carpenters Pension Fund
$4,025.39
Filed June 30, 2014
American Concrete Pumping, Inc.
$18,083.50
Filed February 19, 2014
CRB Concrete Corporation, Inc.
$370,998.31
Filed March 21, 2014
S. M. Hentges & Sons, Inc.
$185,800.64
Filed July 15, 2014
Shank Constructors, Inc.
$279,274.61
Filed Spetember 9, 2014
Direct Steel, LLC
$16,436.49
Filed October 27, 2014
MESCO Building Solutions
$145,702.46
Filed May 17 2016
Total Outstanding Liens: 1,020,321.40
Double the Outstanding Liens: 2,040,642.80
WHEREAS, said notices of lien purport to have been made and filed as prescribed in the Lien
Law of the State of IOWA wherein such lienor claims a lien against the construction funds for and on
account of labor and / or materials furnished to said Joseph J. Henderson & Son, Inc. or its
subcontractors which labor and / or materials were furnished for the construction or improvement of
property known as the Wastewater Treatment Facilities Consolidation Project,Iowa City, and
NOW, THEREFORE, the condition of this obligation is such that, if the above bounden
Joseph J. Henderson & Son, Inc. shall well and truly pay any and all
judgements which may be rendered against the said property or construction funds in favor of the
aforesaid lienor, his successors or assigns, in any action or proceeding to enforce said lien, and shall
defend and indemnify the City of Iowa City against any costs incurred as a result of such legal actions or
proceedings to enforce said liens, then this obligation shall be void, otherwise to remain in full force and
effect.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this
18th day of August —, 2016
aseph J. er & So Inc.
BY:
:tary David Henderson, President
o 'nental asualty Company
BY:
'Attly-In-IVNriberly Bragg
ACKNOWLEDGEMENT OF SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On this 18th day of August2016• before me personally Kimberly Bragg to
me known, who being by so duly sworn, did depose and say: that he/she is
Attorney -In -Fact of Continental Casualty Company
The Corporation described in and which executed the foregoing
instrument; that he/she knows the seal of said Corporation; that the seal
affixed by authority granted to him/her in accordance with By -Laws of the
said Corporation, and that he/she signed his/her name thereto by like
authority.
Notary Public, Sarah E. Green
"OFFICIAL SEAL"
SARAH E. GREEN
F NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 2117/2020
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called
"the CNA Companies'', am duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint
Kimberly Bragg , Individually
of Chicago, IL their true and lawful Attomey-in-Fact with frill power and authority hereby conferred to sign, seal and execute for and on their
behalf bonds, undertakings and other obligatory instruments of similar nature
SuretyBondNo:929639040 -InUnlimitedAmounts-
Principak Joseph J. Henderson & Son, Inc.
obligee: City of Iowa City
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and
all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and mnfirme&
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the insurance companies.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto
affixed on this Iat day of December, 2015.
p 0 0
Continental Casualty Company
National Fire Insurance Company of Hartford
Ameerrican CCaa ty Company of Re ding, Pennsylvania
Paul T. Bmflat Vice President
State of South Dakota, County of Minnehaha, ss:
On this Ist day of December, 2015, before me personally came Paul T. Bruilat to me (mown, who, being by me duly sworn, did depose and say:
that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance
company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a
Pennsylvania insurance company described in and which executed the above instrument: that he (mows the seals of said insurance companies; that the
seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said
insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance
companies.
J. UOHR
My Commission Expires June 23, 2021 J. Mohr o Notary Public
CERTIFICATE
I. D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an
Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the
Power of Attorney herein above set forth is still in force, and further certify that the By-law mid Resolution of the Board of Directors of the insurance
companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said
insurance companies this 76th day of August 2016.
` _ F
� °°a°:""te � 1/\t•Yv��\j//j g �.ivr��a 'a
o� sFu E na"a u.
7697 � tt • 'tri
Form P6853-42012
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company ofReading, Pennsylvania
D. Bull — — Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a
mectingheld on May 12, 1995:
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the
Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be
provided in writing bythe Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective."
This Power of Attorney is signed by Paul T. Bmflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on
behalf of Continental Casualty Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by
mandamus written consent dated the 251 day of April, 2012:
"Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers")to = mte
various policies, bonds, undertakings and other obligatory instruments of like nature; and
Whereas, from firm to time, the signature of the Authorized Officers, in addition to being provided in original, had coley format, may be provided via facsimile or
otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer
shall be valid and binding an the Campmy. "
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by
unanimous written consent dated May 10, 1995:
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the
Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such office may sign will be
provided in writing by the Senior or Group Vim President to the Secretary of the Companyprior to such oc dou becoming effective."
This Power of Attorney is signed by Paul T. Brufiat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys m
behalf of National Fire Insurance Company of Hartford
Ibis Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Com by
unanimous written consent dated the 251 day of April, 2012: Pa'N
"Whereas, the bylaws of the Company or specific resolution ofthe Board of Director has authorized various officers (the "Authorized Offims")m execute
various policies, bands, undertakings and other obligatory instruments of like nature; and
Whereas, from time to time, the sig nature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or
otherwise in an electronic format (collectively, "Electronic Signaft res'j; Now therefore be it =solved: that the Electronic Signature of any Authorized Officer
shag be valid and binding on the Company. "
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
Ibis Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by
unanimous written consent dated May 10, 1995:
"RESOLVED: That my Senior or Group Via President may authorize an officer to sign specific documents, agreements and instruments on behalf of the
Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be
provided in writing by the Senior or Gmup Vice President to the Secretary of the Company prim to such exertion becoming effective."
This Power of Attorney is signed by Paul T. Bruflat, Vim President, who has been authorized pursuant to the above resolution to execute power of attorneys on
behalfof American Casualty Company of Reading, Pennsylvania.
This Power of Attorney is sighed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by
unanimous written coned dated the 251 day of April, 2012:
"Wheezes, the bylaws of the Company or specific resolution ofthe Board of Director has authorized various officers (the "Authorized Officerejut execute
variates polices, bonds, undertakings and other obligatory instruments of like nature; and
Whereas, from time to time, the signature ofthe Authorized Offices, in addition to being provided in original, hard copy format, may be provided via facsimile or
otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer
shall be valid and binding on the Company, "
EXHIBIT
APPLICATION AND CERTIFICATE FOR PAYMENT
AIA DOCUMEN7G702 (Inatructionsonrevereeslde)
Change Orden approved In
previous hunts by owner
PAGE IOF1.
TO (OWNER); City of Iowa City PROJECT:
Iowa City Wastewater Treatnwni Facilities Consolidation Project
Apecrandl
Distribution to:
410 E. Washington Street
4366 Napoleon Street Southeast
EDA#05.79-04921
OWNER
a
Iowa City, M52440
Iowa City, A52240 APPILICATION DATE 11AW016
IJOBS#196
ARCHITECT
1
Is. 5%of Stoned Material.......... ..._...
PERIODTO: RNAL#2.5
CIC FUND 3135 COST CENTER 520400
CONTRACTOR
Total Remain (The So+%or
REVISED
CDBG908.0111-271
OTHER
FROM: Joseph J. Henderson a Son. Inc. CC: (ARCHITECT):
Stanley Consultants, Inc.
(CONTRACTOR) 42880M Greek Avenue
255 lowa Avenue MH PROJECT NO: 1269-00
Gumee, IL 60031
Muscatine, IA 62781
CONTRACT FOR: Waste Water Treatment FatrThes ConsolMaOan Protect
CONTRACT DATE: VIM012
CONTRACTOR'S APPLICATION FOR PAYMENT
Application Is made for Psymenkasshcwnbe[=,IncohnseOanwlththe Contract
CHANGE ORDER SUMMARY
Change Orden approved In
previous hunts by owner
ADDITIONS
DEDUCTIONS
TOTAL
Apecrandl
his Month
4. TOTAL COMPLETED & STORED TO
$43,714,093.52
Number
Data Oved
5. RETAINAGE:
SEE SCHEDULE
ATTACHEDON
FORM G703
TOTALS
(Column D+E on 6703)
Nel chance by Chance Orders $72,906
Continuation Sb"%AIA Document 0703 IS attached
1. ORIGINAL CONTRACT SURA_..._.._...___...-_.. ..... _...... ......... ......... _
$43,787,000.00
2 Not change by Change Orden............ .... .... _..._........ ... I ............. _......... _.
($72,906.48)
3. CONTRACT SUM TO DATE (Lino t sA 2)............
$43,714,093.52
4. TOTAL COMPLETED & STORED TO
$43,714,093.52
(Cohen G on G703)
$0.00
5. RETAINAGE:
BY:
9.5% Of Gonad work .............. $0.00
(Column D+E on 6703)
Is. 5%of Stoned Material.......... ..._...
(Column F on G703)
Total Remain (The So+%or
Total In CoMmn l of G703) ...... ....... _........ _...... .... _.__....... .......... ..................
$0.011
The uedersigned Contractor confide Nat to the best of the Contractors knowledge, 6. TOTAL EARNED LESS RETAINAGE. ....._....._........._-.... ......... _....... $43,714,093.52
Information and belief the Work covered by this Application for Payment hes been (Line 4loss One 5 Toui
completed In acco darru Win the Contract Documents, that an amounts have been 7. LESS PREWOUS CERTIFICATES FOR
paid "a Contra= for We* for which previous CoWh Ates for Payment ware PAYMENT (Una 6 from prior CaN11uU6-- $42,008,909.13
Issued end payments receved from the Darner. and that crnempayment shown S. CURRENT PAYMENT DUE_-- $1,705,184.39
herein is now due. 9. BALANCE TO RNISH, PLUS RETAINAGE...-__...._.__ ($0.00)
(Lina 3less Line 6) -
CONTRACTOR: JOSEPH J. HENDERSON & SON, INC. State of: Illinois Counyef:Leke
Subscribed and swom to before ma this dayef 2016
Notary Pudic:
By: Date: My Commisnonam'ves: Novomber5.2017
William Marshalls, Director of Operations
AMOUNTIAPPROVED
$1,705,184.39
Pmjed Inspector
BY:
Date:
ProjectAdministrator
BY:
Data:
Project Amnlstrator
BY:
Date:
Public Works Director
BY:
Data:
NA DOCUMENT G702 APPLICATION AND CERTIFICATE FOR PAYMENT MAY 1883 EDITION AIA G702-100.1
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W_WASHINGTON,D.C. 20006
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la0%
50.00
50.00
Auil.ssav
DISB- 0070X0 DISINFECTION AREA
55,250.00
55,250.00
$D.00
50.00
15250.00
100%
$am
$0.00
Avg .
USI - EFFLUENT JUNCTION STRUCTURE 01
$1,750.00
$1.750.00
$0.00
$0.00
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$0.00
$0.00
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$2,625.00
52,625.00
$0.00
$0.00
$2625.00
100%
$0.00
$0.00
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$;625.00
52.625.00
$0.00
$0.00
$2.625.00
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$0.00
$0.00
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E117A.00
511750.00
50.00
$0.00
51,750.00
100%
$010
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55425oA0
554250.00
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$5125000
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50.00
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E35.00D.00
535.000.00
li
$0.00
535.000.00
100%
50.00
$0.00
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$875.00
$0]5.00
$0.00
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$8]5.00
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$0.00
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METE -EW TRW METER VAULT
1,48.125.001
$0.00
$0.00
$48,125.00
100X
50.00
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2500-POUR- PRIMARY CLARIFIER TANK
$7,075,001
.46,125.0
$7,875.00
$DAD
$0.00
57,075.00
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$0.00
$0.00
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5075.00
5875.00
$0.00
$0.00
$815.00
100%
$0.00
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5015.0
5815.00
$0.00
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!815.00
10096
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51,75D.00
$11]50.00
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60.00
51,750.00
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$12250.00
512.250.00
$0.00
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512250.00
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34275.00
54.3)5.00
$0.00
$a.00
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50.00
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5913.00
$075.00
$0.00
$0.00
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$11,3>5.00
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$0.00
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$FSP-SECONOARYCIARIFlER ROW SPLff
$11,3]5.00
$0.00
$2.625.00
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$0.00
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$2.625.00
$2.625.00
$0.00
60.00
50.00
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$ODM- SODRR.1 IdYPOCMDITE BLOC
55250.00
33.25.0.00
50.00
10.00
55250.00
lam
50.00
VVLT - VALVEVAULTAEMTKkl TANK
$075.00
587v.00
50.00
50.00
5015.00
100%
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51.150.00
$1,75D.00
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$1,]50.00
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594.64>.00
594.647.00
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50.00
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50.00
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594.641.00
594,64].00$10.00
$0.00
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100%
6D.00
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5600- SECONDARYCLRI
5220.723.0
5220,723.00
$0.00
$0.00
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100%
50.00
50.00
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$99.494.00
!99.494.00
$0.00
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599,494.00
100%
$0.00
$0.00
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4300 - AEM-RARTANK-AERATION TANK
$19.]56.00
519.756.00
$0.00
50.00
$19,756.00
loon.
$0.00
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9900- BIOSOUDS $LAD ONGRADE ONLY
$2.445.00
$0.00
50.00
52,445.00
100%
$GAO
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4500- BLWR- BLOWER BURRING EXP
W.445.00
$0.00
52,696.00
100%
$0.00
50.00
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DISB- OPTION B DISINFECTION AREA
52694.00
$2.694.00
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5098.00
$898.00
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50.00
5898.00
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$V.W
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EJ52 - EFFLUENTJUNCTK3NSTRUGWRE42
$1,347.00
$1,347.00
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51,347.00
100%
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$0.00
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$1,34].00
51.347.00
50.00
$0.00
51.347.00
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$0.00
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5890.00
$098.00
$0.00
$a.00
$098.00
100%
$0.00
50.00
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$27830.00
$27,830.00
$0.00
$0.00
$2],038.00
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$0.00
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INFL- VORTEX GRR TANKINFlLLAREA
$17.060.00
$17,960.00
$0.00
$0.00
$17.960.00
100%
$0.00
$0.00
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METE - EW IRW METER VAULT
5449.00
5449.00
$0.00
50.00
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100%
50.00
$0.00
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3500 - Must - PRIN OlYCLARIFIER TANK
524,695.00
$24.695.00
50.00
50.00
$24,695.00
100%
$O.a0
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54.041.00
$4.041.00
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50.00
$4.011.00
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50.00
$0.00
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5449.00
5549.00
$0.00
$D.ao
$140.00
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$0.00
50.00
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5449.00
$449.00
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5000
100%
$0.00
$0.00
$0.00
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5890.00
$898.00
$0.00
$0.00
5898.00
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$0.00
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56288.00
$5206.00
$0.00
$0.00
56286.00
100%
50.00
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52245.90
52245.00
$0.00
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$2245.00
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50.00
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5049.00
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5449.0
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$0.00
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55.3].00
55.037.00
$0.00
50.00
33.37.00
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50.00
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51517.00
$1.347.00
50.00
$D.00
51.347.00
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50.00
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52694.00
52.694.00
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56.057.00
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52,000.00
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$1,000.00
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5306,257.00
5306257.00
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$262257.00
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51331000.00
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519.000.00
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$79,000.00
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$60.000.00
$60,000.00
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$12.000.00
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$75.000.00
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575,000.00
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$63,000.00
565000.00
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$115.00.00
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556.000.00
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516,000.00
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5318,476.00
5316.478.00
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560.000.00
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510,000.00
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54.618.00
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55.260.00
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51,350.00
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$5.635.00
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Md Sou
4
MASONRY
Blower BullBln
IAOor
$33743.00
533.7x3.00
50.00
50.00
533.743.00
lam
$0.00
SD.00
Ammwm
Mama
$26200.00
$26.200.00
50.00
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$26200.00
100%
$a."
50.00
Amvirm M.mT
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54AUM
$4,480.00
$0.00
$0."
51,480.00
100%
50.00
SD.00
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Leber
$10281.00
5101201.00
$0.00
$0.00
$10,201.00
10".
$0.00
$0.00
Ammon My
Makna
50.860.00
54.900.00
$0.00
$0.00
$11900.00
100%
$0.00
$0.00
..-M..
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$1280.00
$1280.00
$0.00
$0.00
$1280.00
lo0z
$0.00
50.00
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Labor
535.963.00
535,983.00
50.00
$a."
535.963.00
la0%
$0.00
$0.00
Amvim
Mat011al
$24,120.00
$24,120.00
$O.OD
$0.00
$24,120.00
100%
$0.00
$a."
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Equipment
53520.00
$3520.00
$0.00
$0.00
$3.520.00
t00%
$0.00
$0.00
AmevanM
Hgeaebloril. 8u1Wln
Labor
512.656.00
512.658.00
50.00
50.00
512.658.00
100%
50.00
$0.00
Ammem
NIINA l
$I0.07D.W
x10,020.00
50.00
$a.00
$10,070.00
100%
50.00
SD.00
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Ip1110nt
$6,720.00
$6,72D.00
$O.Oo
$0.00
$6,M.W
IOD%
$0.00
$0.00
Avm[a Moray
6
METALS
B MrulSNJL r
$149,65200
$149,652.00
$0.00
$0.00
$10.65200
100%
$0.00
$0.00
fill
$WMra Steel M# anel
5515,000.00
$51510110.00
50.00
$0.00
$515.000.00
100%
50.00
50.00
ei®vvl
8
WOODS, PLASTICS AND COMPOSMS
Blower Builaln
Labor
$1,000.00
$1.000.00
$0.00
$0.00
$1,000.00
100%
$0.00
$DAO
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Material
51,000.00
s1,D00.0D
$DAO
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$1.000M
100%
W.W
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Le0or
5500.00
550D.00
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$0.x0
60.00
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5500.00
$50D.00
$0.00
50.00
5500.00
100%
$0.00
$0.00
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(.eN'
$11000.00
$1.000.00
50.00
50."
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100%
60.00
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SI.o00.D0
$1,000.00
$0.00
$0.00
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100%
$oM
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$1.000.00
$1.000.00
$0.00
$a."
$1,000.00
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$0.00
$0.00
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Maenal
$110110.00
511000.00
$0.00
$0.00
$1.000.00
100%
$a.m
$0.00
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530.4M 01
510,404.00
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x16.000.00
$16.000.00
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$0.00
$16,000.00
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T
TNEBMAL ANO MOIST'gE PgOTECTION
Page 7 a41
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Wo Metal
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$16,140.00
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$16.140.00
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$16,14000
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$13215.00
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$16,165.00
$4,000.00
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$0.00
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54,900.00
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$38,538.00
$1.000.00
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$IDT99.0
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210,122.00
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56,996.00
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56,18.5.00
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510216.90
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53,073.90
10,013.00
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130,928.00
530.920.ao
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530,920.00
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50.00
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54,0,30.00
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$0.00
shmta
SWevasd LS Maledal
55.000.00
55,000.00
50.00
SO.Po
55.000.00
I100%on
100%
EO.Po
WOO
SO.Po
slims.
Saco RA9 PImp WeR
SSdv rail NW. Labor
$17,60Dm
$17,600.00
$0.00
$0.00
$17,600.00
100%
MOO
$0.00
RA DIP Law
$23,100.00
522100.00
$0.00
SOAK
Micloo
t00%
$0.00
$D.0
SAWa
RASDIP Matedal
$67,000.00
$67.000.00
50.00
$0.00
$67,000.00
100%
$0.00
$0.00
SevBs
$Waves d LS Labe,
$10.300X0
$10.300.00
$0.00
MOO
$14305.0
100%
$0.00
$0.00
$Wvb
Sleeves d LS Ma18dm
mxmm
$2000.00
Woo
$0.00
55.000.00
100%
Pom
$5.00
se.vk.
5 aPrNcWn Bldg
Demo60on LaWr
$17.600.00
$17,600.00
§0.00
SD.00
$17,600.00
100%
$0.00
$0.00
SAWa
SWd oPumps LnWr
55,300.00
$8,800.00
50.00
$0.00
58.300X0
100%
$0.00
$0.00
S.
Po er Unit Lapp,
55.000.00
55,000.00
MOO
$o.00
55.000.00
100%
SD.OD
$0.00
Sh
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$15.400.00
S15p0Om
50.00
$0.00
$15X00.00
100%
SM
MOO
S.
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$5,000.00
34.00.00
50.00
50.00
51,000.00
100%
$D.00
MOO
S6mb
OF Pb r
$7500.00
$7500.00
50.00
$0.00
$75OO.OD
100%
$0.00
$0.00
Slwb
OFDIPMataeM
52,000.00
$2.000.0
$0.00
$0.00
52000.00
100%
50-00
$0.00
Sbveb
WA&DIP bDo,
$14,60D.00
$14500.00
$0.00
$0.00
S14,500.00
100X
SM
$0.00
se.x6.
WA$-DIP Matedd
$19,000.00
$19.000.00
$0.00
$0.00
$19.000.00
100%
$0.00
$0.00
f6unlu
UNmlab DrWn-DIPJ r
$17.300.00
$17,300.00
$0.00
$0.00
$17.300.00
100%
$0.00
$O.W
Shmb
UM Na DrW I DIP Ma MW
$5,000.00
551000.00
$D.M
SON
55,000.00
100%
$0.00
$D.DO
limb
61@mnl W., by o,
$11,00.00
SIUW.00
$0.00
$0.00
$t t.Boom
tDO%
$0.00
$0.00
SsmYv
E eru WeWr Mavmd
$6.000.001
56,000.00
0.00
$Om
56.000.00
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50.00
MOO
......
Sod Piping Lego,
$9,100.00
$9,100.00
So.00
50.00
$9,100.00
100%
SON
$0.00
Seada
S H Plping Maledd
54,000.00
$4,000.00
50.00
$0.00
$0.000.00
100%
$0.00
$O.Oo
SmnW
Po or Pl In Lapp,
$14,300.00
$14.300.00
woo
$0.00
$14,300.00
100%
$0.00
$0.00
Sevvb
Po Ing Matedal
- $6,000.00
56,000.00
50.00
$0.00
$6,000.00
100%
$0.00
50.00
S6mb
Sleeves6LS boor
55,000.00
55.000.00
$0.00
50.00
58,000X0
100%
$0.00
50.00
.
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51.000.00
$1,000.00
50.00
Som
$1.000.00
100%
$0.00
Sam
SImk1
SWdW Pun In BM9
N.W., Low
$9,600.00
52600.00
$o.00
$0.00
$9,600.00
100%
$0.00
$0.00
Se
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S7,000.00
$7,000.00
$0.00
$0.00
57.000X0
100%
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$0.00
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§4,000.00
54.000.00
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59.600.00
52600.00
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59.600.00
100%
50.00
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smoe.
OH
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516900.00
516,900.00
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516,900.00
100%
5000
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s6.Nu
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§13,000.00
$13,000.00
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100%
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Page 13 a41
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m cmu.mae.....n.w. auw Imn�au®m. a 1.
Pum Drain labor$9,000.00 m- $9,000.00 $0.00 m $0.00 $9,000. 10D% $0.00 $0.90
Pumped Won Material 53,000.00 53.000.00 $0.00 $0.90 $3.090.00 190% $0.90 SDAO Shmk.
BiosoBps Storage Moa
a 5].100go 11 $D
.00 o.00 .DD '].100.00 100% 0.00 $0.00
SleevesLS Labor $ 52 s....•
Sleavesd LS Material $2.000.00 52.000.00 50.00 $0.00 .000.00 100% $ 50.00 $0.00 Euaet.
B.T.M.
Soda flail Pum s Leber 512,900.00 $12,900.90 $0.00 $0.00 512,900.00 100% $0.00 $0.00 S6mt.
Nixon labor $22,]00.00 $22.]00.90 $0.00 50.00 $22.]00.00 100% $0.00 $0.00 Sh Mo
Membrana Diffusers Labor 535.800.00 $3$.609.00 $0.00 $0.00 535.000.00 100% $0.00 $0.00 Sh=mi.
%do Gales Labor $20.190.00 UO.100.00 50.00 50.00 $20,100.00 t00x ED.00 50.00 sn..s.
Teleses Valves Labor $11300.00 511,300.00 $o.00 $0.00 $11,300.00 100% $0.00 $0.00 snmEa
65 Aerallon Piping taWf $22,900.00 $22,900.00 50.00 $0.90 522.900.00 100% $0.00 $D.OD
SL.v4
SS Aera9on Piping Material 5101,000.00 $l D1.o00.00 50.00 Roo. $101,000.00 100% ED.00 $10D
BEFab GS Leber $24ADO.00 $24,300.00 $D.Oo $0.00 $24,300.00 100% $0.00 $0.00 snort.
$126,900.00 $126.000.00 $DAV $0.00 $126,000.00 100% $0.00 $0.00
BEFab SS Materlal S..u.
High Shen hWastaDIP Labor 59.000.00 $9,890.00 $0.00 $0.00 $9,000.00 100% 50.00 $0.00 Sbmb
HI hSben Wass -DIP Malarial $1IXIDOO $11,900.00 Moo $D.00 $11,000.00 100% $0.00 $0.00 Shaw.
WAS -DIP Labor S12.90D.00 $12,900.00 $0.00 $0.00 $12.900.00 100% $0.00 $0.00 s.....
WASDIP Material $15.000.001 $15.000.00 $0.00 $0.00 $15.000.00 100% $0.00 $0.00 Sh.nka
Effluent Water labor $9,300.00 $9,300.00 $0.00 $0.00 19500.011 100% 50.00 50.00 se.vts
Effluent Wolof Labor E3AOO.DO $3,000.90 $D.OD $0.90 53.000.90100%
50.00 iD.OD Slm^t.
&dH Piping labor 57.900.00 $7,900.00 $0.00 $0.00 $7.900.00 100% $0.00 $0.90 IDmkr
fiod HgPq Piping Material $2,000.00 $2,000.00 $0.00 $0.00 $2,000.00 100% $0.00 $0.00
Tem Chemical Food Leber $9.50DA0 $9500.00 $0.90 50.00 $9.50o.aa 100% $0.00 $0.00 Shao6
Tem Chemical FeOtl Malarial $9,000.00 $9000.00 $0.00 $0.90 $9.000.00 100% $0.1)O $0.00 sn,.u•
SloevesBLS raper 522,100.00 $22.100-00 $0.00 $0.90 512.100.00 100% $0.00 $DAD smut+
Sleeves a LS Material E25AOO.Do $25,000.00 30.00 50.90 525.000.00 IOD% $0.00 $0.00 Shmb
Aafetlon Train i
Dem4b5an labor $18.10a.o0 $18.100.00 $0.00 $0.00 $18.100.00 100% $0.00 $0.00 S
Mixes tabor $13,900.00 $13.900.90 $0.00 $am $13,90D.00 100% $0.00 $0.00 shoed
Membrane UnSOM Labor 53],OOD.00 $37,000.00 $D.OD $0.90 537.900.00 100% $0.00 50.00 ShmW
BS AemDan Pi ng tabor STIAOO.9V $31,300.00 $0.0o $0.00 5313o0AD 100% $0.00 $D.OD SM4b
SS Aeration Piping Material $131,000.00 $131.000.00 Won $0.00 3131,0o0.00 100% $0.00 SD.oO 5µµs
BE -Fab BS labor 58.000.00 $8.00D.00 $D.00 50.00 58.000.00 100% $0.00 $D.OV Stmt.
BE -Fab SS Material M.000.D9 55.000.00 $O.DD 50.00 $5,000.00 100% 50.00 $0.00 Shmkv
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Mixers labor 51AUD $].]00.00 $0.00 $0.00 5].]00.90 100% $0.00
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53 Aelatlon Pl nil Lanaf T15.100.00 525.100.00 $0.00
$0.00 $25.100.00 100% $0.00 50.00 5hmd
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BS -Fab SS Material $9e00.00 $8.000.00 Sam $0.00$0.900.00 tong, $0.00 SD.nn s0ante
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Page 14 of 41
Page 14 of 41
CONTINUATIUNRIMET
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57700.00
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530,600.00
530.800.0
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$16400.0
$16,000.00
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0.00
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$50.000.00
550.000.00
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516,90.0
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09.70D.00
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539,700.00
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$16300.00
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$14,40.0
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ELECTRICAL ria PROCESS INTEGRATION
31
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Page 154(41
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Page 340141
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P{R41041
Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436
RESOLUTION NO. 16-354
RESOLUTION ACCEPTING THE WORK FOR THE WASTEWATER
TREATMENT FACILITIES CONSOLIDATION PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Wastewater Treatment Facilities Consolidation Project, as included in a contract between the City
of Iowa City and Joseph J. Henderson & Son, Inc. of Gurnee, Illinois, dated April 16th, 2012 and
amended June 19th, 2012, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, funds for this project are available in the South Wastewater Plant Expansion account
#V3135; and
WHEREAS, the final contract price is $43,714,093.52.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 6th day of December _,20 16
OR
Approved by
ATTEST: V�
CI ERK City Attorney's Office ,t ZZAo
It was moved by Thomas
adopted, and upon roll call there were:
and seconded by rums the Resolution be
AYES: NAYS:
X
X
X
X
X
X
X
PwenglmasteWacptwork.doc
11116
ABSENT:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
is
ENGINEER'S REPORT
November 21, 2016
City Clerk
Iowa City, Iowa
Re: Wastewater Treatment Facilities Consolidation Project
Dear City Clerk:
�r 1
—Q• me ■
. Sga
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
I hereby certify that the construction of the Wastewater Treatment Facilities Consolidation
Project has been completed by Joseph J. Henderson & Son, Inc. of Gurnee, Illinois in
substantial accordance with the plans and specifications prepared by Stanley Consultants, Inc.
of Muscatine, Iowa.
The project was bid as a lump sum contract and was awarded for $43,787,000.00. The final
contract price is $43,714,093.52.
There were a total of eighty seven executed change or extra work orders and two deductions for
the project as described below:
A. Net by Change Orders (see attached Change Order Log) $ 455,460.00
B. Biosolids Roof Investigation Reimbursement ($130,866.48)
C. Liquidated Damages ($397,500.00)
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
/,Z--(,
Jason Havel, P.E.
City Engineer
p"ng/masterstengrpt ce
CITY OF IOWA CITY
WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT
CHANGE ORDER LOG
FINAL
CHANGE
ORDER
DIRECTIVE
CAUSE
DESCRIPTION OF WORK
SCHEDULED VALUE STATUS
NOTES
1
ITC 01
E/O
Sodicum Hyp - Gua eMaterial Com atibllity
52,830.44
E
2
ITC 03, 05, 06
E/0
Add Mixers in New Aeration Cell 30
$145,023.92
E
3
ITC 04
E/O
Relocate control valves to a more accessible location for
hlth\sfty reasons
$57,687.73
E
4
ITC 14
E/0
Reroute power cable for new and existing pumps at the
SIPS
$5,434.42
E
5
ITC 09 R1
E/O
Mix Liquor Pump power and monitoring cord changes
$9,808.56
E
6
ITC 11
E/O
Changes In Rotary Drum Analog Level Transmitters
$1,275.32
E
7
ITC 13
E/0
Stop Logs and Baffle Length
$1,552.85
E
8
ITC 22
E/0
Additional Controls on the screw conveyor in the sludge
processing room
$1,117.94
E
9
ITC 18
E/O
Deletion of5ludge Conveyor Alignment Switches
($2,197.40)ME
10
ITC 35
E/O
In the Blower Building
$9,051.92
11
ITC 23
E/0
MeasMins
ork In the South Influent Pump Station
($43,282.83)
12
ITC 10 R1
E/0
Motor Moisture Sensors in Influent
$1,792.65
13
ITC 32
Service modifications to MCC B3
E
14
ITC17
All work and materials to complete ITC 17
E
OEIOElectrical
15
ITC 31
MRL pump electrical disconnection modifications
M($5,763.00
E
16
RFI 100 R1
E/0
16 - RFI 10081: Grit Pump discharge modificatioins that
will provide better hydraulic properties and longer pipeError
life
E
-1085.90 (828.23 Credit to CIL) - see
0017110
17
RFI 40
E/O
Junction Structure 1 go to Cast in Place Concrete
$7,529.96
E
18
ITC 25
E/O
WAS and TWAS piping modifications in the sludge
processing building
($329.00)
E
19
ITC 33
E/O
Irrigation Pump control modifications
$4,500.32
E
20
ITC 34
E/O
Changes to Direct Digital Controls for HVAC
$7,994.41
E
21
ITC 29
0/R
Delete L7P's for theE uipment Storage Building
($1,000.00)
E
22
RFI 129
E/0
Delete 60" DIP tee and 60" x 48" RCP tee and 48" riser
($16,700.00)
E
Error- 16711.00 (11.00 Credit to CIL) - see
CO 0110
23
ITC 12
N/A
Stromwater Revisions- No Cast
Vold
E
24
ITC 16
E/0
Transformer Size
($715.00
E
25
RFI 123
N/A
Bolting Change
Vold
E
26
D/R/C
E/O
Level Switches
($97.76)
E
27
D/R/C
E/O
27 -Tip Sensitive Level Switch
$869.77
E
28
RFI 87
E/0
78"ML-42"SE Pipe Conflict
Void
E
29
ITC 29
E/0
SIPS-3CP PLC wirin
$885.42
E
30
O/R
PLCS to Control Lo ix Conversion Kit Credit
2 3,165.85)1
E
ji
CITY OF IOWA CITY PAGE S OF 4
SPECIAL PROJECTS ADMINISTRATION
CHANGE
ORDER
I DIRECTIVE
CAUSE
DESCRIPTION OF WORK
SCHEDULED VALUE
STATUS NOTES
31
E/O
Rockwell Software Su ort Credit
($4,868.86)
E
32
ITC 39
E/O
Valve Actuator Disconnects and Heaters
($4,983.68)
E
33
RFI 126
E/O
PSV -9313A Designer Response
$475.60
E
34
ITC 19
E/0
UV Hoist
$10,521.17
E
35
E/O
PW Sleeving at Grit Vortex
Vold
V
36
RFI 132
E/O
U V Cleaning Tank Drain
$2,852.88
E
37
RFI 143
E/0
Conduit Interference in the Sludge Processing Facility
$5,798.48
E
38
ITC 43
E/O
Rewire Aeration Mixers- Fluid leak sensor
55,996.19
E
39
O/R
Kotron Level Probe Tag LSHT9103A
$411.16
E
40
RFI 30
E/O
Reduced T fitting in lieu of V fitting
$5,167.58
E
41
0/R
Clarifier Drive Removal Outside of Contract
Vold
V
42
D/R/C
E/O
30" Level Switches
$950.40
E
43
ITC 44
0/R
Relocate Mixing Pum s
$5,659.08
E
44.1
O/R
Repair 4" Water Line at Sludge PumpinBuilding
$956.13ME
45.1
E/0
Remove Excess Concrete at Junction Structure 1
$9,972.2046
E/0
Raise Existing 8" DS Line to clear new 60" FE line
$4,952.7747
C/R
6"PSSCwall enetration discre enry
Void48
C/R
Pi a Support at Grit Vortex
Void
49
ITC 42
E/0
Grit Foam Level Conduit
$3,670.47
E
50.1
RC 45
E/0
Related Dry Poly Control Panel Location
$8,242.30
E
51
F/0
E/O
Repair Digester Conduit
$8,995.93
E
52
RFI 170
E/0
Concrete Encasement at PC 3300/SPV 3310
$7,042.61
E See S-091.1 for SPV 3410
53
RFI 147
E/O
Add Concrete Grit Vortex
$11,550.00
E
54
O/R
Neck Extensions BFV Aeration
$10,988.70
E
55
RFI 165
E/O
Blower Pipe Foundations
$5,344.52
E
56
E/0
Unforeseen Conditions Sodium Hype Building
$7,809.38
E
57
O/R
Relocate H2O Meter Blower Building
$3,063.84
E
58
ITC 47
E/O
Automate Digester Decant T8601 A and T8701A
$23,076.03
E
59.1
ITC 48
E/O
Digester Decant PI Ing
$30,197.62
E
60
RFI 195
E/0
Lower Water Main at Clarifier 5600
$5,238.94
E
61.1
ITC 49
E/0
SPB Furnace on roof
$12,394.92
E
62
E/O
Return Flow Manhole control gate wiring
$7,145.05
E
63
ITC 45
E/0
Polymer Loading Platform
$10,266.19
E
64
ITC 50
E/O
Stairs and walkways at new secondary clarifiers
$23,829.58
E
CITY OF IOWA CITY
SPECIAL PROJECTS ADMINISTRATION Page 2 of 4
CHANGE
ORDER
DIRECTIVE
CAUSE
DESCRIPTION OF WORK
SCHEDULEDVALUE STATUS
NOTES
65
C/R
Pavment Replacement South of UV
Void
V
66.2
RFI 225
E/O
Elevation conflict between 18" HSD and 18" HD
$109,946.50
E
67
ITC 51
E/O
Concrete steps and walkways at new secondary splitter
box
$11,058.16
E
68.1
ITC 46
E/O
Pressure switches for Primary Sludge Pumps P3301A,
P3401A, P3501A
E
69
ITC 53
E/O
SIPS Duct Revisions
Void
V
70
C/R
Re arR Conduit at Grit Vortex
0$5,572.OS
Void
V
71.1
ITC 52
E/0
UV Stairs and Footings
857.95
E
72
E/O
Relocate SDS, EDE and FE Piping to Install EW-IRW Meter707.34
E
73
RFI226
C/R
Relocate HSW/HSR at Heat Exchangers
Void
V
74
E/0
Re -grading at UV
$3,055.06
E
75
E/0
SC 540036" ML Conc Encasement
$8,809.42 1
E
76
E/0
6" PSSC/8" PW Conflict SW of 5600
$2,189.79
E
77
C/R
6" PS/36" GTE/6" Dain Conflict
Void
V
78
O/R
Delete Automated Sludge Flow Valves
($2,762.79)
E
79
ITC 54
E/O
Insulation IR/EFW Pumps
Void
V
80
ITC 56
E/O
Static Mixers for ROT#2 and #3
$7,807.92
E
81.1
ITC 24
O/R
Delete Raising Primary Electrical
($20,202.81)
E
82
C/R
Extra Concrete at 24" GTE
Void
V
83
RFI242
E/0
PC 3100 24" DI / Conc Pipe Stub
$2,750.00
E
84
O/R
PS Valve and Riser Replacement
Void
V
85
C/R
ROT Room Electrical Conflicts
Vold
V
Rejected per Sec 02 4100, 3.06, J. - email to
Bret and Jason on 7.15.2014
86
RFI247
E/O
Spare Parts Credit - Integratino
($15,351.05)
E
87.1
0/R
North Plant- Re-AHEn 24" and Delete MH -No Cost
$0.00
E
88
ITC 58
E/O
Temp Sensor for SPB HVAC
$1,601.60
89
RFI 242
E/O
PC 3200 24" DI / Conc Pi a Stub
$2,750.00
See CO#83 PC 3200)
90.1
RFI 206
E/O
Concrete Encasement at PC 3400/SPV 3410
$9,286.26
See 5-052 for SPV 3310
91
N/A
IBlank-Numberin Error
Void
V
5-091.1 wasarevision of 5-090
92
E/0
Grounding atEquipment WH
$342.73
93
RFI 257
C/R
Contacts at MAU - SIPS
Vold
4/7/2014 email to Bret
94.3
C/R
Cable to FE 1S02A & 1503A
$6,95508
July 15th, 2014 Letter -offer of $6,955.08
95
E/O
Grounding at UV Disinfection
$697.81
CITY OF IOWA CITY
SPECIAL PROJECTS ADMINISTRATION Page 3 of 4
CHANGE
ORDER DIRECTIVE
CAUSE
DESCRIPTION OF WORK
SCHEDULED VALUE I
STATUS
NOTES
96
O/R
Credit for Work not Performed (line abandonment)
($25,000.00)
97
C/R
48" ML and 8" HSW Conflict
Void
V
Means and Methods - email 9/29/14
98.1
C/R
SE Sample Line lnstalllon and Re -grading
$2,066.00
0
July 12, 2014 Letter- offer of$2.066.00
99.1
E/O
Concrete at Grit and UV
$3,682.03
100
E/O
Fire S rindler Valve Credit
($150.00)
101
01R
Credit- Light Fixtures at Grit Dewatering
($1,067.66)
102
O/R
Credit - Tempory Power$63,782.26)
103
O/R
Light Pole/ Electrical Troubleshooting
(51,722.00)
104 RFI 186
C/R
BAR Tank Valves
Void
V
Contractor to do work per Mechanical
Drawings (email 8/11/2014 and 8/18/2014)
105 RFI 168
C/R
UV Air Piping
Void
V
Contractor to supply air connection per 46
6610, Option B, 2.14 B. (email 8/23/2014)
106
C/R
Extra Electrical Work at UV
Void
V
No expination provided. No RFI or ITC
associated with( this proposal. This does not
appear to be extra work. (email9/8/2014)
107
C/R
Extra Electrical Work at Flow Shark
Void
V
No expination provided. No RFI or ITC
associated witht this proposal. This does not
appear to be extra work. (ema119/8/20141
108
E/0
4" Air Conflict with Walkway at BarTank
$2,746.46
109
W
Check Valve Replacement
$4,718.81
Excluded from Warranty
110
O/R
CO #16 and Co #22 Overpayment Correction
($839.23)
See notes on CO 11I6 and CO #22
Tim at CnANGE VM1YLN a+ ,
RC = Intrucdon to Contractor
RFI = Request For Invormation
D/R/C = Designer Review Comment
E/O = Error Omission
C/R = Contractor Request
0/R = Owner Request
W = Warranty
E = Executed
0 = Outstanding
V = Voided
CITY OF IOWA CITY
SPECIAL PROJECTS ADMINISTRATION Page 4 of 4
re
Prepared by: Simon Andrew, Assistant to the City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010
RESOLUTION NO. 16-355
RESOLUTION ESTABLISHING THE CITY OF IOWA CITY'S
2017 LEGISLATIVE PRIORITIES
WHEREAS, the Iowa City City Council seeks to encourage legislation that enhances the quality of
life for residents in Iowa City as well as the State of Iowa; and
WHEREAS, the City of Iowa City and other cities play a critical role in the future of the State; and
WHEREAS, it is in the interest of the residents of Iowa City that the City Council establish
legislative priorities and convey said priorities to our State delegation and other relevant
stakeholders.
NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby outlines its
legislative proposals to the Iowa City area legislative delegation for the 2017 Iowa State legislative
session as follows:
Ensure the continued funding of commercial & industrial property tax replacement
payments
2013 property tax reform measures are placing significant financial pressures on cities across
the state. Over the next several years, cities will be challenged to maintain basic service levels,
even with State of Iowa property tax backfill reimbursements. The magnitude of backfill
payments for many cities is such that in addition to basic service cuts, property tax rates will
likely be raised to compensate for the lost revenue. Raising tax rates to compensate for
reduced taxable value negates the intention of property tax reform. Backfilling a portion of
property tax revenue lost to local jurisdictions was an important component of the 2013
legislation and recognized the necessity of this revenue for local government operations.
Protection of public sector employee collective bargaining rights
State and local public sector employees comprise a large portion of our State's workforce and
local economies. Collective bargaining units are an important stakeholder in local government
operations and collective bargaining processes have substantial impacts on local government
budgets and procedures. The City urges the State to carefully consider the input of local
governments in regard to public sector employee collective bargaining and preserve the basic
right of public employees to organize.
Protect Home Rule authority for local governments
Local governments are uniquely positioned to respond to the needs and priorities of our
residents and taxpayers. Cities innovate in response to local conditions and implement new
ideas that can benefit the State as a whole and more closely reflect the priorities of the public
we serve. Issues in which local authority is particularly important include: local control of
minimum wage requirements, recognizing the variance in economic conditions and costs of
living across cities and counties; local regulation of rental housing, including the regulation of
rental occupancy by familial status; increased flexibility in local revenue streams and the ability
of cities to diversify revenue sources; and local control over the regulation and enforcement of
the possession of marijuana.
Resolution No. 16-355
Page 2
Advocate for additional water and wastewater infrastructure funding
In order to improve efforts to support a clean water supply, protect public health, and meet
increased environmental regulation requirements, the City of Iowa City advocates for increased
State funding for water, wastewater, and storm water infrastructure development and
maintenance. Providing and protecting healthy water supplies are core functions of government
and local infrastructure can have significant effects on other communities downstream. Healthy
waterways are essential to maintaining the State's quality of life and economy; providing the
resources to meet the demands of water regulations is critical to ensuring that the health of our
water resources is protected.
Support the continued excellence of the State's primary, secondary, and higher
education institutions and advocate for additional education funding
Iowa's primary and secondary schools are fundamental drivers of the State's economic growth,
standard of living, and future prosperity. It is essential for the success of the State and our loca
communities that support for our schools is a top priority in the State's budget.
The University of Iowa plays a critical role in supporting statewide economic, social, and
cultural growth. It is important the State of Iowa provides the university the needed resources tc
ensure the university's continued ability to facilitate growth opportunities in varied sectors of the
business community. Likewise, community colleges play an important role in ensuring the
continued competitiveness and inclusivity of the state's economy. The City encourages the
State to carefully consider and support the legislative and financial priorities of the University of
Iowa and Kirkwood Community College.
Support the legislative efforts of the Iowa League of Cities and the Metro Coalition
Iowa City, as a member city of both organizations, supports the legislative priorities set forth by
the Iowa League of Cities and by the Metropolitan Coalition for the 2017 legislative session.
Passed and approved this 6th day of December , 20 16
ATTEST:
CI RK
YOR
ppr d by
City Attorney's Office
Resolution No. 16-355
Page 3
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
Mims
AYES:
NAYS: ABSENT: ABSTAIN:
x
Botchway
%
Cole
x
Dickens
%
Mims
%
Taylor
%
Thomas
%
Throgmorton
the
r
CITY OF IOWA CITY "6
.t � =Albs MEMORANDUM
Date:
November 29, 2016
To:
Geoff Fruin, City Manager
From:
Simon Andrew, Assistant to the City Manager
Re:
2017 Legislative Priorities
Prior to the start of each State of Iowa legislative session, the City Council traditionally adopts
legislative priorities and communicates the City's positions on those issues to our elected
delegation. City Council discussed Iowa City's 2017 State of Iowa legislative priorities at the
November 15 work session. Staff was directed to draft a resolution reflecting the six priorities
that Council identified to be the focus of the City's lobbying efforts during the upcoming
legislative session. The priorities in the draft resolution are as follows:
1. Ensure the continued funding of commercial & industrial property tax replacement
payments
2. Protection of public sector employee collective bargaining rights
3. Protect Home Rule authority for local governments
4. Advocate for additional water and wastewater infrastructure funding
5. Support the continued excellence of the State's primary, secondary, and higher
education institutions and advocate for additional education funding
6. Support the legislative efforts of the Iowa League of Cities and the Metro Coalition
A resolution containing more detail on each priority has been prepared for Council
consideration. Included with this memo is the proposed resolution as well as the legislative
priorities that were adopted by the Iowa League of Cities and the Metro Coalition.
Iowa League of Cities
2017 Legislative Priorities
The 2017 Legislative Session begins Monday, January 9'. In the coming session, the League will be
advocating on behalf of cities in several legislative priority areas. Our priority language during was
developed by the League's Legislative Policy Committee, and approved by the League Board and the
general membership at the League's annual conference.
Economic Development
Increase funding levels for quality of life initiatives and economic development programs such as
nuisance abatement, CAT, RECAT, and the derelict building grant program; preserve economic
development policies, such as tax increment finance, as flexible tools for economic growth in cities of all
sizes; and provide programs and policies that further develop our local workforce to attract economic
development to both rural and urban areas and help close the skills gap.
Financial Sustainability
Eliminate unfunded mandates; diversify revenue options available to local governments and protect
existing revenue options and the services they support for the taxpayer; and continue to ensure the
commercial and industrial property tax backfill.
Water and Wastewater Infrastructure
Advocate for additional funding sources and flexible policies related to water, wastewater, and storm
water infrastructure development to meet the demands of increased environmental regulation for cities of
all sizes and support a clean water supply and the protection of public health and the environment,
including the development of opportunities for partnership with the agricultural community and
environmental groups to meet these requirements.
Home Rule
Promote cities as innovation centers and the incubators of ideas; advocate for and sustain Home Rule and
its flexibility to make decisions at the local level — where decisions are made closest to the people they
impact and can be tailored to fit local conditions, needs, and concerns in order to better serve taxpayers.
Public Safety
Ensure cities have the adequate resources to provide and fund public safety services, including addressing
costs under the Municipal Fire and Police Retirement System of Iowa (MFPRSI).
METRO COALITION
2017 LEGISLATIVE ADVOCACY PLANNING SESSION
2017 PRIORITY ISSUE
NOTES
1. Backfill
• Clearly the number one priority.
• Coordinate with League on getting membership to talk about its
fiscal importance before the Legislative Session.
• Coordinate with League and Schedule Meeting with Governor's
Office with Mayor Scott, Corbett and Gaer.
• Follow-up with local government groups like ICA on their
commitment.
2. TIF
• Work with League on combined efforts including updated two -
pager.
• Schedule a meeting with Senator Feenstra.
• Cities most interested: CR, DBQ, DSM, Iowa City
3. Home Rule
ATE
Small groupings with support
• Potentially schedule meeting with legislators interested in ATE
from the larger Metro Coalition.
restriction/prohibition with focus on public safety.
• Cities most interested: Sioux City, CR and DSM
Residential Occupancy Restriction
• CGA to determine whether a pre -session meeting should be held
with legislators on this issue.
• Cities most interested: DSM, Iowa City, Ames
LOST
• Develop data on coalition members to show positive fiscal impacts
to roads, infrastructure and property tax relief through existing
LOST
• Cities most interested: DSM, WDM and Iowa City
Franchise Fees
• While not currently on the radar, monitor issue to ensure franchise
fee stays in place.
4. Water Quality and
• Revenue: Coalition members expressed concern about revenue
Infrastructure
sources that have been proposed but supportive of revenues being
raised for water quality.
• Spending: Coalition members interested in being at the table to
ensure a portion being dedicated to water and sewer upgrades.
5. HR / Personnel / Pensions
• Concern about involvement in these issues impacting the first two
priorities but understand that the issue will require reaction during
the Legislative Session.
6. Other Economic Development
Historic Preservation Tax Credits
• CGA continue good work on finalizing this issue.
Abatement, IEDA Tax Credits and Other Econ DeVPrograms
9 Important issues but focus should be on priority areas one and two.