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HomeMy WebLinkAbout2022-08-02 ResolutionItem Number: 6.a. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT August 2, 2022 Resolution authorizing the City Manager to sign a Memorandum of Understanding with the Housing Trust Fund of Johnson County, Inc. for the contribution and use of $500,000 for affordable housing. Prepared By: Tracy Hightshoe, Neighborhood & Development Services Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Affordable Housing Fund (budget line item 25490190) Recommendations: Staff: Approval Commission: N/A Attachments: Resolution FY23 Memorandum of Understanding Executive Summary: City Council will consider adoption of a resolution to authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the Housing Trust Fund of Johnson County for $500,000 for affordable housing at their August 2, 2022 meeting. Background /Analysis: At the September 20, 2016 City Council work session, the City Council approved the distribution of funds for the Affordable Housing Fund. Under the approved distribution plan, 50% of funds available will go to the Housing Trust Fund of Johnson County (HTFJC) for affordable housing projects in Iowa City. The FY23 budget for the Affordable Housing Fund is $1,000,000. Upon execution of the Memorandum of Understanding, the HTFJC will be issued payment of $500,000. At the August 6, 2019 City Council work session, the Council approved removing the Housing Trust Fund of Johnson County from the Aid to Agency annual funding cycle and allowing them an administrative fee on funds allocated to them through the Affordable Housing Fund. The administrative fee is set at 8% of the funds allocated. These funds contribute to the annual salary and benefit expense to administer the fund, which includes quarterly application rounds, review and allocation of funds to eligible projects, and project monitoring. Each year more projects are approved and units placed under an affordability period that is monitored by the HTFJC. Some of these projects can have affordability periods of 30 or more years. Under this MOU, affordable housing is defined as housing, either owner -occupied or rental, that serves households under 80% of the Area Median Income (AMI). In general, the HTFJC prioritizes rental projects that assist households under 60% AMI; however, the majority of those served are under 30% AMI . A Memorandum of Understanding for these funds will be entered between the City and HTFJC. As directed by City Council, any projects awarded funding through the HTFJC must be in compliance with the City's Affordable Housing Location Model, as amended annually. One of the recommendations of the 2022 Affordable Housing Action Plan was to discontinue said model. If the City Council approves this recommendation, the MOU will be amended. The MOU will also require quarterly reporting to Neighborhood Services which identifies projects awarded funding, income levels served, the fund balance and an Annual Report to be provided to City Council. The Annual Report is typically provided in August for the prior fiscal year. ATTACHMENTS: Description Resolution Memorandum of Understanding Prepared by: Tracy Hightshoe, NDS Director,410 E.Washington St., Iowa City, IA 52240(319)356-5244 Resolution No. 22-184 Resolution authorizing the City Manager to sign a Memorandum of Understanding with the Housing Trust Fund of Johnson County, Inc. for the contribution and use of $500,000 for affordable housing. Whereas, the City Council desires to fulfill its goal to increase the units of affordable housing in Iowa City, in part, by contributing $500,000 to the Housing Trust Fund of Johnson County, Inc.; and Whereas, the funds should be used to serve households under 80% of median income, the units should be located within the corporate limits of Iowa City, and the site should comply with the Affordable Housing Location Model, as amended annually; and Whereas, the attached Memorandum of Understanding sets forth the parameters of how the funds are to be used. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached Memorandum of Understanding. Passed and approved this 2nd day of August , 2022. Approved by Attest: Y Cit Clerk City Attor ei§15nrce (Sue Du ek- 07/26/2022) Resolution No. 22-184 Page It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X _ Alter X Bergus X Harmsen X Taylor X Teague x Thomas x Weiner Prepared by: Tracy Hightshoe,NDS Director,410 E.Washington St.,Iowa City,IA 52240,319/356-5244 MEMORANDUM OF UNDERSTANDING Re: CITY'S CONTRIBUTION TOWARD AFFORDABLE HOUSING This Memorandum of Understanding is entered into by and between the City of Iowa City, a municipal corporation ("City"), and Housing Trust Fund of Johnson County, Inc. ("Trust Fund") in Iowa City,Iowa. WHEREAS, the City desires to contribute $500,000.00 to the Trust Fund to support affordable housing;and THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. The City will contribute $500,000.00 ("funds") to the Trust Fund to support affordable housing by September 15,2022. 2. The Trust Fund will use the funds for affordable housing projects as follows: a. All units assisted must serve households under 80%area median income. The project itself may have units designated for higher incomes,but the units assisted by the funds must serve households under 80%area median income. b. The projects must be located within the corporate limits of Iowa City. c. The sites must be in compliance with the City's Affordable Housing Location Model, as amended annually. d. Quarterly reports must be provided to the City Neighborhood Services Coordinator following the completion of each funding round until all funds have been allocated and all units are occupied by eligible households. An annual report must be submitted by August 1,2023 for FY23 (July 1,2022 to June 30,2023). The reports must include the following information on each project: 1)Address and developer;2) Amount of funds allocated;3)Description of development,such as 12-plex or 20-unit tax project for seniors;and 4) Status of construction 5)Rent limitations as detailed in funding agreements with grant/loan recipients. e. Up to 8%of funds($40,000)may be used for administrative expenses. Dated,this ' day of August,2022. CITY OF IOWA CITY, IOWA HOUSING TRUST FUND OF JOHNSON COUNTY, INC. By: By: Geoff Fruin Ellen McCabe City Manager Executive Director Item Number: 6.b. August 2, 2022 Resolution approving, authorizing and directing the Mayor and City Clerk to affirm, execute, and attest, respectively, a master agreement for shared use projects between the City and Aureon Private Networks. ATTACHMENTS: Description Agreement Resolution Prepared by Eric R. Goers, City Attorney,410 E. Washington, Iowa City, IA 52240, (319)356-5030 Resolution Number 22-185 Resolution approving, authorizing and directing the Mayor and City Clerk to affirm, execute, and attest, respectively, a master agreement for shared use projects between the City and Aureon Private Networks. Whereas, the City of Iowa City, hereinafter "City" has installed, and will continue to install, City- owned fiber optic assets, including fiber optic cables and ductwork, in the public rights-of-way; and Whereas, the City has some excess ductwork capacity; and Whereas, the City seeks to expand and enhance the availability of broadband connectivity to its residents; and Whereas, Iowa Network Services, Inc., doing business as Aureon Network Services, hereinafter "Aureon", has a principal place of business in West Des Moines, Iowa and is an Iowa limited liability company in the business of operating fiber optic networks; and Whereas, the City and Aureon have negotiated a Master Agreement for Shared Use Projects allowing the parties to lease or exchange facilities to accommodate their respective projects; and Whereas, the Master Agreement will serve as the framework for subsequent Amendments which will identify particular facilities, such as excess City fiber optic ductwork, and the financial compensation required for each; and Whereas, the Master Agreement with Aureon was inadvertently executed by staff with Amendment 1 instead of first being approved by Council; and Whereas, it is in the best interest of the City to affirm and approve the Master Agreement for Shared use Projects previously executed by staff. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: 1. The City Council approves the attached Master Agreement for Shared Use Projects, with Aureon Private Networks, as being in the best interest of the City of Iowa City and members of the public and authorizes the City Manager to take whatever steps are necessary to execute amendments to the Master Agreement, including those identifying shared use projects, as appropriate. 2. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Master Agreement for Shared Use Projects in duplicate, subject to the approval of the City Attorney's Office. Passed and approved this 2nd day of August , 2022. Resolution No. 2Z-10 Page 2 Mayor Approved by Attest: 1) City Clerk City Attorney's ffice —07/27/2022 Resolution No. 22-185 Page _3 It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen X Taylor Teague X x Thomas X Weiner MASTER AGREEMENT FOR SHARED USE PROJECTS BETWEEN THE CITY OF IOWA CITY AND IOWA NETWORK SERVICES, INC., DOING BUSINES AS AUREON NETWORK SERVICES THIS AGREEMENT is made on the 111 day of in ,. 2022, by and between the City of Iowa City, Iowa(hereinafter, "IOWA CITY"or"CITY")and Iowa Network Sgrvices, Inc., doing business as"Aureon Network Services". The CITY and Iowa Network Services, Inc. may also be referred to as the "Parties" or "Party" as the context allows. WHEREAS, the CITY and Iowa Network Services, Inc. desire to provide certain services and access to telecommunications fiber, equipment, and infrastructure assets owned by the other Party in order to reduce their operating costs, resulting in expanded and improved telecommunications services to the citizens of Iowa City, according to the terms and conditions of this Agreement. In consideration of the mutual covenants contained in this Agreement, the sufficiency of which is acknowledged, the parties agree as follows: This Agreement sets forth the initial terms and conditions which will apply to the CITY and Iowa Network Services, Inc. relating to the shared installation, use, and maintenance of telecommunications fiber, equipment,and infrastructure assets and services within the City of Iowa City, Iowa. SECTION 1: IDENTITY OF THE PARTIES. 1.1 The City of Iowa City is a municipality of the State of Iowa incorporated in accordance with the relevant provisions of Iowa law. The CITY's Administration Offices are located at: 410 E. Washington Street, Iowa City, Iowa 52240. 1.2 Iowa Network Services, Inc., doing business as Aureon Network Services, (hereinafter, "AUREON") is a private limited liability company in the business of providing high speed internet, data, cable TV and phone services: 7760 Office Plaza Drive South, West Des Moines, Iowa 50266. SECTION 2: DEFINITIONS. The following words shall have the meanings set forth below. Words in the singular shall be held to include the plural and vice versa. 2.1 "Agreement' means this document and any exhibits and/or amendments to this document or any other documents specifically incorporated into this agreement by reference. 2.2 "Cable Locates" or "Locates" means the identification of utilities through the Iowa One Call Center (IOC) pursuant to Iowa Code Chapter 480. 2.3 "Dark Fiber" means a number of fibers, normally expressed in number of glass strands unless otherwise stated, between two specified locations that have no optics or electronics attached to it,thus no light/communications signal being transmitted through the fiber. 2.4 "Designated Fiber"shall mean the Fiber as identified in each Amendment, Appendix and Exhibit. 2.5 "CITY Duct"means a buried conduit or HDPE duct for the purpose of enabling the installation of one or more fiber optic strands installed by, owned by (jointly or individually)or allocated to the CITY, identified on the Exhibit(s) attached hereto. 2.6 "CITY Equipment" means facilities or equipment provided, owned or installed by the CITY in, around or on the Designated Fiber. 2.7 "Fiber" means a glass strand or strands which is/are protected by a color-coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2.8 "Fiber Segment"means the length of similar fiber and fiber count between designated access splice points. 1 2.9 "CITY Network"means the communications system operated by the CITY, as such systems exist now, and as it is modified from time to time. 2.10 `IRU" or "Indefeasible Right to Use" means the exclusive, unrestrictive and indefeasible right to use the relevant capacity (including equipment, fibers or capacity)for any legal purpose. 2.11 "Lit Fiber" means fiber-optic cable which is actively carrying a signal. 2.12 "Link Segment" means a specified length of fiber optic cable connecting two points. It may be a specified portion of a larger fiber optic cable network or it may be the entire network. 2.13 "OTDR" means Optical Time Domain Reflectometer which is the optical-fiber test instrument capable of measuring loss characteristics and displaying faults, splices, and other fiber events in single mode and multi-mode optical fibers. 2.14 "Other Fiber Owners or Lessees" means all others, either now or in the future, that obtain ownership of or lease rights to Dark Fiber strands or sheath. 2.15 "Proportional Share" shall mean the percentage of Lit Fibers, for each the CITY and AUREON, within the sheath. 2.16 "Re-locate" shall mean when it is necessary to Re-locate a current fiber facility to a different location. 2.17 "Restoration"shall refer to restoring fiber optic cable to service after damage or cut incident. 2.18 "Route Maintenance" related to cable and the routeiright of way (ROW) shall refer to repair of areas of exposed cable or degraded ROW, for example due to erosion or poor initial installation. 2.19 "SUP" shall mean Shared Use Project as identified and described in each Amendment added to the Agreement. SECTION 3: SCOPE OF WORK. 3.1 Scope of Services. Each SUP performed under this agreement must be set forth, in writing, in a Scope of Services document, that will be incorporated into this agreement via an Amendment to this agreement, which shall be signed by both Parties. 3.1.1 Each SUP Scope of Services document shall at a minimum identify and address the following: • Location of the project • Description of the project o Specific end points o Length of segment o Line drawings • Term of the project • Fiber and/or Duct Route, count, allocation and identification of any additional parties involved • Fiber and/or duct map • Responsibilities of each Party • Ownership of the fiber and/or duct • Fiber and/or duct maintenance responsibility o If the CITY or AUREON are not providing maintenance and restoration,the amendment shall identify the service provider and the service levels for advance notice of maintenance activity and restoration times, in the event of a cable cut • Fiber repairs and restoration • Telecommunication Services related to the SUP • Project financials(costs and obligations) • Which Party bears cost for future locates • Which Party bears cost for future relocates 2 3.2 Amendments to Scope of Services and Specifications. The Parties agree that a Scope of Services document referenced in sections 3.1 and 3.1.1, and the specifications contained therein, may be revised, replaced, amended or deleted at any time during the term of this Agreement to reflect changes in service or performance standards only upon the mutual written consent of the parties. 3.3 industry Standards. All splicing services rendered pursuant to this agreement shall comply with the Standards set forth on Exhibit A attached(`Splicing,Testing and Acceptance Standards for Single Mode Fiber)which is incorporated into this Agreement by reference. All other services rendered pursuant to this Agreement shall be performed in a professional and workmanlike manner in accordance with the terms of this Agreement and with generally acceptable industry standards of performance for similar tasks and projects. Any services performed in violation of these standards will be corrected at no cost to the affected Party,such that the services are rendered in the above-specified manner. 3.3.1 As a general practice,the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible for short sections:i.e. rock area. 3.4 The City and AUREON contact procedures are listed in Exhibit S, Maintenance and Support Contacts and On Call Procedures, which are attached and incorporated into this Agreement by reference. Upon the addition of each SUP Scope of Services document to the Agreement pursuant to sections 3.1 and 3.1.1,the Parties shall review the information contained in Exhibit S and update the information if necessary. 3.5 Non-Exclusive Rights. This Agreement is not exclusive. The City and AUREON reserve the right to select other service providers or entities to provide services similar or identical to the services referenced in this Agreement or set forth in the Scope of Services documents referenced in sections 3.1 and 3.1.1 of this Agreement during the term of this Agreement. 3.6 City Property. Except as provided in a specific project attachment,AUREON shall not, and shall not permit others to, rearrange, disconnect, remove, attempt to repair,or otherwise tamper with any CITY property without the written consent of the CITY. The Parties agree that no party other than the CITY or a contractor under the direct supervision of the CITY shall be permitted to perform maintenance or splicing on the Fiber. 3.7 AUREON Equipment. AUREON shall have sole responsibility for installation, testing and operation of AUREON Equipment. The CITY shall not be responsible for the operation or maintenance of any AUREON Equipment. The CITY shall not be responsible for the transmission or reception of communications or signals by AUREON Equipment or for the quality of,or defects in, such transmission or reception. SECTION 4: COMPENSATION 4.1 Payment Terms. Upon completion of the services, duties and responsibilities that a Party is required to provide under a SUP Scope of Services document referenced in sections 3.1 and 3.1.1, each Party shall submit itemized invoices to the other Party that Identify the services provided in connection with the Scope of Services document and the amount claimed for the services provided. Either Party may vary the terms of this provision by paying the invoice in less than 60 days as provided in Iowa Code. However, an election to pay in less than 60 days shall not act as an Implied waiver of Iowa Code. Any sums owed by the other Party shall be itemized and added to the invoice prior to submission. If either Party disputes the amount of any invoice,the Party will notify the other Party of the dispute within 30 days of receipt of the Invoice. Payment of the disputed amount may be withheld until the dispute is resolved. 4.2 The Compensation section of each Scope of Services document incorporated into this Agreement via Amendment under section 3.1 and 3.1.1 above,shall be reviewed thereafter every 36 months from the initial date of execution. 4.2.1 When reviewing the Compensation section of each Amendment the value of services (e.g., locate services, intemet bandwidth) and infrastructure (e.g., fiber optic cable, conduit) provided by AUREON and CITY, both one-time and ongoing, shall be considered. SECTION 5:TERM. This Agreement is effective upon signature of all Parties and will continue for ten (10) years or until either Party provides notice as detailed in Section 10. 3 SECTION 6: COLLOCATION. To the extent that AUREON wishes to collocate equipment in any CITY facility, the Parties shall enter into a separate collocation agreement for each site. SECTION 7: EXCLUSION OF WARRANTIES THE CITY MAKES NO WARRANTIES TO AUREON OR ANY OTHER ENTITY, WHETHER EXPRESS, IMPLIED CR STATUTORY; AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS. USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE DESIGNATED r-IBER, ANY FIBERS. OR THE SYSTEM, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED, SECTION 8_ INDEMNIFiCATION- 8.1 To the fullest extent allowed by law, AUREON shall indemnify, defend and save the CITY, CITY officers, agents, employees and contractors from all claims, suits, tosses,damages, fines, penalties, liabilities and expenses (including CITY's actual and reasonable personnel and overhead costs and attorneys'fees and other costs incurred in connection with claims, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death)of any person or from any actual or alleged loss of or damage to, any property to the extent arising out of or in connection with (i)AUREON use of CITY communications equipment, facilities, or fiber (ii)AUREON breach of its obligations hereunder. AUREON agrees that the foregoing indemnity specifically covers actions brought by its own employees. This indemnity with respect to acts or omissions during the Term shall survive termination or expiration of this Agreement. 8.2 Nothing contained herein shall operate as a limitation on the right of either Party hereto to bring an action for damages against any third party, including indirect, special or consequential damages, based on any acts or omissions of such third party as such acts or omissions may affect the construction, operation or use of the Designated Fiber; provided, however, that each Party hereto shall assign such rights or claims, execute such documents and do whatever else may be reasonably necessary to enable the other Party to pursue any such action against such third party. SECTION 9. LIMITATION OF LIABILITY Notwithstanding any provision of this Agreement to the contrary. in no event shall either Party be liable to the other Party for any special, incidental, indirect, punitive or consequential damages.whether foreseeable or not, arising out of,or in connection with.transmission interruptions or problems, or any interruption or degradation of service, including,but not limited to,damage or loss of property or equipment,loss of profits or revenue, cost of capital, cost of replacement services, or claims of customers, whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other Party or any other cause whatsoever, including, without limitation, breach of contract, breach of warranty, negligence, or strict liability all claims for which damages are hereby specifically waived. SECTION 10. TERMINATION. 10.1 Termination for Cause. In the event a breach of this Agreement occurs, the non-breaching Party may give written notice, pursuant to section 11.8, to the Party that committed the breach, which notice shall advise that party of the specific facts and circumstances that constitute a breach of the Agreement and further advise the Party that it has thirty(30)days to cure or correct the breach. If the breach is not cured or corrected at the end of this thirty(30) day period, the non-breaching Party shall have the right to terminate this Agreement at the end of a one hundred- eighty 180 day period,which period shall start upon written notice,delivered to the Party in breach pursuant to section 11.8, of the Parry's intention to terminate the agreement in 180 days. 10.2 Disposition of Fiber Optic Cable. If the CiTY and AUREON are the only Parties within the fiber sheath and in the event that a Party elects to permanently terminate the use of its Designated Fiber referenced in any document that has been attached to this Agreement or incorporates into this Agreement by reference, the cable sheath and associated components,splicing hardware and any installed underground conduit. all items previously described will be considered to be abandoned and ownership shall be offered to the other Party at no cost. If either Party abandons the Fiber, the receiving Party shall be responsible for all costs associated with maintenance and operation of the cable, including all costs associated with any subsequent cable abandonment by the receiving Party. 4 • SECTION 11. CONTRACT ADMINISTRATION. 11.1 Amendments_ This Agreement may be amended in writing from time to time by mutual consent of the Parties. All Amendments to this Agreement must be in writing and signed by both the CITY and AUREON. 11 2 Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is intended only to benefit the CITY and AUREON. 11,3 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any judicial proceeding is commenced in connection with this Agreement,the exclusive jurisdiction for the proceeding shall be in Johnson County District Court for the State of Iowa, Iowa City,Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court. which may be available to the AUREOLA,the CITY, or the State of Iowa. 11.4 Integration. This Agreement,any Scope of Services document, Schedule, Addendum,Amendment, Rider or Exhibit attached to this Agreement or incorporated into this Agreement by reference, represents the entire Agreement between the Parties and neither Party Is relying on any representation that may have been made which is not included in this Agreement. 11.5 Not a Joint. Venture. Nothing in this Agreement shall be construed as creating or constituting the relationship of a partnership,joint venture(or other association of any kind or agentiprincipal relationship) between the Parties hereto. No Party, unless otherwise specifically provided for herein, has the authority to enter into any agreement or create an obligation or liability on behalf of, in the name of, or binding upon another Party to this Agreement. 11.6 Waiver. Any breach or default by either Party shall not be waived or released other than by writing signed by the other Party. Failure by either Party at arty time to require performance by the other Party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto. 11.8 Notices. Any and all notices, designations, consents, offers, acceptances or any other communication provided for herein shall be given in writing by registered or certified mail, return receipt requested, or by receipted hand delivery, by Federal Express, courier, or other similar and reliable carrier, which shall be addressed to each Party as set forth as follows: If to the CITY: City of Iowa City, Iowa City Clerk 410 E. Washington St. Iowa City, Iowa 52240 If to: AUREON Aureon 7760 Office Plaza Drive S West Des Moines, Iowa 50266 Each such notice shall be deemed to have been provided at the earliest of the following: (a)at the time it is actually received; or (b) in the case of overnight hand delivery courier or services such as Federal Express with guaranteed next day delivery,within one day: or (c) in the case of registered U.S. Mail, within five(6)days: or when verified by automated receipt or electronic logs if sent by facsimile or email. From time to time, the parties may change the name and address of a Party designated to receive notice. Such change of the designated person shall be in writing to the other Party and as provided herein. 11.9 Cumulative Rights. The various rights, powers,options,elections and remedies of either Party, provided in this Agreement,shall be construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed either Party by law. Nothing in this Agreement shall be construed as affecting, impairing or limiting the equitable or legal remedies to which either Party may be entitled as a result of any breach of this Agreement_ 5 11.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed from this Agreement. Such a determination shall not affect the validity or enforceability of any other part or provision of this Agreement. 11.11 Obligations beyond Agreement Term. This Agreement shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant to this Agreement. 11.12 Authorization. Each Party to this Agreement represents and warrants to the other that it has the right, power and authority to enter into and perform its obligations under this Agreement and that it has taken all requisite action (corporate, statutory, or otherwise)to approve execution, delivery and performance of this Agreement. This Agreement constitutes a legal,valid and binding obligation upon the parties in accordance with its terms. 11.13 Successors in Interest. All the terms, provisions, and conditions of the Agreement shall be binding upon and inure to the benefit of the parties hereto and are nontransferable to their respective successors, assigns, and legal representatives without the prior written consent of the other Party. 11.14 Counterparts and Facsimile Signatures. The parties agree that this Agreement has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same instrument. The Parties further agree that the signatures on this Agreement or any amendment or schedule may be manual or a facsimile signature of the person authorized to sign the appropriate document. All authorized facsimile signatures shall have the same force and effect as if manually signed. 11.16 Assignment and Delegation. Neither Party to this Agreement shall assign, transfer or convey this Agreement in whole or in part without the prior written consent of the other Party. SECTION 12. EXECUTION. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties have entered into the above Agreement and have caused their duly authorized representatives to execute this Agreement. CITY OF IOWA CITY By: Printed na e: ruce Teague Title: c-°T n i -' Mayor Date: 5 /z l (?? 08/02/2022 IOWA NETWORK,SERVICES, INC. By: .fd Printed name: Scott Behn Title. CEO Date: 5/17122_ 6 EXHIBIT A SPLICING,TESTING AND ACCEPTANCE STANDARDS for Single Mode Fiber 1. All splices will be performed with an industry-accepted fusion splicing machine as per CITY splicing specifications. 2. Splices will be qualified during the initial construction by the core alignment system on the fusion splicer. 3. After end-to-end (site-to-site)connectivity on the fibers, the installing contractor will complete bi-directional span testing. These measurements will be made after all cable installation activities are complete for each span. Connectors will be cleaned as necessary to ensure accurate measurements are taken. • Installed loss measurements at 1550nm will be recorded using an industry accepted laser source and power meter. Continuity testing (checking for"frogging")will be done on all fibers concurrently. • OTDR traces will be taken at 1550nm and splice loss measurements will be analyzed. Bell Core format will be used on all traces, unless both parties agree to another OTDR format. • All testing, power levels and OTDR traces will be conducted at 1550nm. • Installing Agency will pay for the testing at the 1550 level. • OTDR traces shall be saved in a standard file naming convention. One set of OTDR traces will be provided to each the CITY and the AUREON via electronic format. 4. The splicing standards are as follows: • The objective loss value of the connector and its associated splice will be 0.50 dB or less. • The objective for each Fiber within a span shall be an average bi-directional loss of 0.15 dB or less for each splice. For example, if a given span has 10 splices, each Fiber shall have a total bi- directional loss (due to the 10 splices) of 1.5 dB or less. Individual bi-directional loss values for each splice will be reviewed for high losses. • The aforementioned standards are objectives, not the basis for acceptance. The acceptance standard for each Fiber per span shall be calculated as follows: Span Loss= a (span distance in kilometers)+ b (0.15 dBisplice)+ c(0.50 db/connector) Where: a = maximum fiber loss in dB per kilometer for the specific fiber type/manufacturer at 1550nm b = number of splice locations for the span c= number of connectors for the span 5. All connector splices will be protected with heat shrinks. Buffer tubes/ribbons will not be split across more than one splice tray. An industry accepted splice enclosure will be used on all splices. FIBER STANDARDS NOTE: Single mode fiber shall meet the SMF-28 standard. If the fiber to be used is existing fiber, previously installed prior to 1996, the CITY will require the manufacture date of the fiber to ensure compatibility with the balance of the associated fiber and installation equipment. NOTE:As stated in 3.3.1, as a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock area. 7 EXHIBIT B Maintenance and Support Contacts and On Call Procedures 1. Points of Contact. The Parties agree to provide points of contact for purposes of efficient management of this Agreement, in accordance with the following. 1.1 AUREON primary point of contact is Aureon NOCC : Phone 515-830-0440 Opt. 3 . Monday—Friday 8:00PM to 5:00PM After Hours 5:00PM to 8:00AM Escalation personnel: Name: Title: Email: Phone: 1.2. CITY primary point of contact is: ITS Service Desk 1(319)356-5411 Monday—Friday 8:00PM to 5:00PM: CITY Help Desk (319)356-5411 After Hours 5:00PM to 8:00AM: CITY Help Desk (319)356-5411 Escalation personnel: Name: Trent Hansen, or Mike Harapat Title: ITS Staff Email: netops@iowa-city.org Phone: (319)356-5411 1,3 The Parties shall provide notice of any change in the respective point(s)of contact within 15 working days by notification via written media. 1.4 Requests for service and information sent by CITY employees who are not specified point(s) of contact and/or received by AUREON employees who are not specified point(s) of contact in Section 1.2 will be verified by the proper contacts of both parties before action is taken. 2. Trouble Reporting and Resolution. The CITY shall provide for the following trouble reporting and resolution procedures: 2.1 The CITY network is monitored 24 hours per day, 7 days per week, for real-time status and alarm conditions. The CITY network operations and maintenance are applicable to all services delivered by the CITY. The CITY Service Desk is the point of contact for trouble reporting. Following are service standards relative to operations and management of the network: 2.1.1 Network Surveillance. The CITY shall observe, monitor, analyze and report on all operations of the CITY Network. The CITY will identify network failures, troubles or degradation of service on the CITY fiber that is in use by the CITY. The CITY will notify the AUREON point(s) of contact of CITY network failures, troubles or degradation of service that will impact AUREON. When the CITY network experiences failures,troubles, or equipment degradation the CITY will locate the failure and dispatch technicians. 2.1.1.1 Trouble Ticketing and Escalation Follow-up.Trouble tickets are opened within 10 minutes of any trouble reported by AUREON, staff, or vendors. Troubles generated by network surveillance are opened within 20 minutes on major alarms or daily thresholds. 8 2.1.1.2 All network outages(i.e. fiber cuts)and platform outages(i.e.video platform.internet and firewall)will follow current CITY Standard Procedures for escalation and resolution. 2.2 Scheduled Maintenance Activities. Unless expressly stated elsewhere in this Agreement, all Parties whose network traffic may be impaired or affected during the scheduled maintenance will be notified 3 business days before a routine scheduled maintenance window will take place. In the event that an "Emergency Maintenance Window" is required, the CITY will give AUREON as much advanced notice as possible.An emergency maintenance window is defined as repair work that is required to restore service that is not performing to engineered standards. If the scheduled maintenance day or time needs to be altered for AUR.EON, every effort will be made to accommodate the request. The CITY will provide notification(via the CITY MaintList e-mail server system)of scheduled maintenance activities to AUREON points of contact as maintenance windows are scheduled. AUREON must provide the CITY with valid contact names and telephone numbers for daytime and after-hours contact. AUREON must also submit their point of contact information for the CITY to add to the MaintList e-mail distribution system. Routine maintenance is scheduled to be worked between the hours of 8:00 PM and 6:00 AM and is not restricted to any one day of the week or weekend. The CITY will make every effort to assure that the least amount of disruption of service to our customers as the result of maintenance work being performed. The CITY also reserves the rigtit to perform network maintenance as required for the common good of all users of the CITY network. Any maintenance activity that affects only one CITY customer will be scheduled and approved jointly with the affected customer. All other maintenance work will be performed by the CITY within its own discretion, within the timeframes stated within this section and within the notification guidelines also stated in this section, including the guidelines related to emergency maintenance. 2.3 Cable Locates. When any contractor or citizen of Iowa begins any type of excavating, they are required to inform the Iowa One Call Center (IOC). 10C will determine the location and call all utilities that may be affected. Based on the IOC notification,the IOC will dispatch from the locate desk maintenance personnel to the affected site. Such maintenance personnel will verbally clear the situation, physically mark the location, and'or stand by the construction site during digging. Measures to be used are determined by the proximity of the proposed digging to CITY/AUREON cable 2.4 Notification of Service impairments.If service disruptions or degradation of service of any type is detected through network surveillance.the CITY Service Desk will notify AUREON point of contact or AUREON Help Desk via phone or via written media, including electronic mail, on the disruption as soon as identified and affected customers are determined.The CITY Service Desk will give updates on reported or detected service disruptions or degradation as follows: 2.4.1 Customer updates will be given as requested for Network Outages (including fiber cuts)and Platform Outages(i.e. Internet)during the standard business hours of 8:00 AM until 5:00 PM Monday through Friday. The customer can request continued updates for after hours if a contact name and telephone number is provided. 2.4.2 AUREON is required to notify the CITY Service Desk at 319-356-5411,of any planned outages that will impact the CITY and its ability to provide service to AUREON or other authorized users.This notification must be provided at least 5 business days before the work is to be done unless it is an emergency. 2.5 Due to the urgent nature, trouble calls shall be made to the CITY Service Desk via telephone: at 319-356-5411 or if service is unavailable through that number, alternatively to the Iowa City Police Department: 319-356-5275. 9 2.6 Customer Requested Escalations: 2.6.1 Other inquiries, including but not limited to billing, account history, status of service installation, and existing services in production, are to be addressed to ITS, City of Iowa City, 410 E. Washing Street, Iowa City, Iowa 52240 or cicnetops@iowa-city.org. 2.6.2 The CITY shall provide for trouble and inquiry resolution as follows: The CITY shall respond within 1 business day of an AUREON escalation request with updates, plans and/or resolutions followed by written or electronic confirmation of the updates, plans and/or resolutions within 3 business days. 2.6.3 Other inquiries, as noted in 2.6.1 above, within 3 business days after receipt of the inquiry by the CITY, the CITY and AUREON shall mutually agree to a upon the path to the inquiry resolution. 2.7 AUREON and the CITY will conduct periodic review of problems and develop procedures for outage and problem discussion and service improvement efforts. Examples include but are not limited to: chronic and recurring problems and major outages. 10 AMENDMENT 1 To MASTER AGREEMENT FOR SHARED USE PROJECTS THIS AMENDMENT is between the City of Iowa City, Iowa(CITY)and Aureon Network Services(Aureon). In consideration of the mutual promises herein made, the CITY and Aureon(the Parties)agree as follows: SECTION 1. PURPOSE OF AMENDMENT. The Parties intend to amend the Agreement to add Scope of Services Schedule A.1 and the attachments thereto, which lease certain CITY Duct space to Aureon. SECTION 2. AMENDMENT ALLOWED. Section 3.1 of the Agreement provides for this Amendment with mutual written consent of the Parties. SECTION 3. EXECUTION. In witness whereof, in full consideration of the mutual covenants set forth above, and for other good and valuable consideration the receipt, adequacy and legal sufficiency of which are hereby acknowledged,the Parties have entered into the above Amendment and have caused their duly, authorized representatives to execute this Amendment. All previous terms and conditions shall remain in full force and effect with the exception of previously mentioned modifications in this document. CITY OF IOWA CITY By: Date: ,Approved By Title: e A.., City Attorney's Office AUREON N ORK S VICES B � Date: 5/17/2022 Y Title: CEO Schedule A.1 Scope of Services PROJECT DESCRIPTION: Lease of CITY-owned duct space along North Dubuque Street. LOCATION, FIBER ROUTE, FIBER ALLOCATION, and DISTANCE: 1. Start: South West corner of Foster Road & North Dubuque Street in City owned Manhole FO- 13. 2. End: South West side of North Dubuque Street South of Brown Street in Aureon existing handhole. 3. The CITY will lease Aureon space in 1-2" HDPE duct to install 1 —96 Count fiber optic cable. Outside diameter not to exceed .48" 4. See attached Appendix 1 drawings. TERM: Commensurate with Master Agreement PROJECT FINANCIALS: Aureon agrees to pay the City$2,594.25 per year for the lease of the specified space. CITY RESPONSIBILITIES: Non-Recurring Fiber Make-Ready Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non-Recurring Installation Charges: N/A iv. Collocation Required: N/A v. Locate Responsibility: City owned duct. vi. Maintenance Responsibility: City owned duct vii. Relocation Responsibility: City owned duct. AUREON NETWORK SERVICES RESPONSIBILITIES. Non-Recurring Fiber Make-Ready Fee: N/A ii. Annual Maintenance Fee: N/A iii. Non-Recurring Installation Charges: N/A iv. Collocation Required: N/A v. Locate Responsibility:Aureon owned cable vi. Maintenance Responsibility:Aureon owned cable vii. Relocation Responsibility: Aureon owned cable APPENDIX 1 As -Built Drawings • rc•.trr gad �FD13 t. ! MX�+cn1 Pi ATL•vp rte. {tun Taft 5p¢edw4y- FO-11 Hr3 iAlmrk I•erneirtxry • • >)anum4I Sh.mek E1almm:t ry Whr-,uny Ave Whiting • >v1.tY*.rnw ReydCflc• iid11 • -- _ -Private conduit •Length of o nduit± 5,980 ft- • • Private h�ndhde cmbattRd E perk Rd 1 Aim' 4:1H Br,pwn St . . L-arnr3Lrr sv kezps Cnn'rbuturs.(aurty lanh5on. t . Iryva Evill c ienitreet\!ap E. t. r1EN.e, Garner., SaleC aFh 1h11:+E7d}NT F>, • r • %.•-firt4ASA [ SGS. Eixt ryrc US Crn:us BLTe.7l1 11,I S o 0,0/ .05 0.1 miles /71) 1 1 1; F l,j Item Number: 6.c. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT August 2, 2022 Resolution authorizing the City Manager to sign a one-year extension of the listing agreement with Lepic-Kroeger Realtors for the Iowa City Industrial Campus. Prepared By: Susan Dulek, FirstAss't. City Attorney Reviewed By: Wendy Ford, Economic Dev. Coordinator Geoff Fruin, City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Iowa City Industrial Campus is a shovel -ready City owned industrial use site. In 2015, City Council approved a one-year listing agreement with Lepic-Kroeger, Realtors to sell the lots, and the agreement has been extended annually since then. This resolution would extend the listing agreement to July 2023. Background /Analysis: Lot 3 is currently subject to a purchase agreement with Iowa Interstate Railroad. Lots 4-7 remain available for purchase. ATTACHMENTS: Description Resolution f Prepared by: Susan Dulek,First Asst City Attorney,410 E.Washington Street,Iowa City,IA 52240(319)356-5030 Resolution No. 22-186 Resolution authorizing the City Manager to sign a one-year extension of the listing agreement with Lepic-Kroeger Realtors for the Iowa City Industrial Campus. Whereas, the 420TH Street Industrial Park is a 173-acre shovel-ready industrial use site, which is now known as Iowa City Industrial Campus; and Whereas, in Resolution No. 15-229, the City Council approved a one-year listing agreement with Lepic-Kroeger, Realtors to sell lots at the Iowa City Industrial Campus; and Whereas, in Resolution No. 16-235, the City Council extended the term by one year to July 15, 2017; and Whereas, in Resolution No. 17-244, the City Council extended the term again by one year to July 15, 2018; and Whereas, in Resolution No. 18-206, the City Council extended the term again by one year to July 15, 2019; and Whereas, in Resolution No. 19-220, the City Council extended it until July 15, 2020; and Whereas, in Resolution No. 20-174, the City Council extended it until July 15, 2021; and Whereas, in Resolution No. 21-199, the City Council extended it until July 15, 2022; and Whereas, it is in the best interest of the City to extend the term again by one year to July 15, 2023. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: The City Manager is authorized to sign an amendment to the Commercial Listing Agreement to extend the term to July 15, 2022. Passed and approved this Ind day of August, 2022. yor l:A4s441— l'e-AeLF"-- 1 r Attest: fwP Cit Clerk Approveddbb G City Att rney's Office (Sue Dulek— 07/26/2022) Resolution No. 22-186 Page 2 It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen X Taylor x Teague x Thomas X Weiner 1 �'�=�+�T� COUNCIL ACTION REPORT Item Number: 6.d. CITY OF IOWA CITY August 2, 2022 Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for Hickory Hill Park and to sign a grant agreement if awarded. Prepared By: Reviewed By: Fiscal Impact: Recommendations: Attachments: Tyler Baird, Superintendent of Parks & Forestry Juli Seydell Johnson, Director of Parks & Recreation Sue Dulek, First Assistant City Attorney Geoff Fruin, City Manager No impact. Staff: Approval Commission: N/A Hickory Hill REAP Phase III Restoration Map Hickory Hill REAP Phase III Stream Crossings Map Executive Summary: The Iowa Department of Natural Resources administers Resource Enhancement and Protection (REAP) grants for development/enhancement of land for the purpose of outdoor recreation. The grant application process requires Council approval of a grant submission. Following the priorities of the 2017 Natural Areas Plan, staff wishes to submit an application for Hickory Hill Park for $200,000 with no local match requirement. Background /Analysis: Hickory Hill Park is a 185 -acre City park established in 1967. The park has received REAP funding in recent years for two initial phases of ecological restoration. This project will build from the restoration efforts of the first two phases, other recent capital improvements, and many years of volunteer efforts in the park. The project will consist of improvements to woodland and savanna habitat on 53.5 acres and improvement of 3 stream crossings for better emergency and maintenance access. The work follows prioritization and recommendations from the 2017 Natural Areas Plan. The first two phases of REAP Grant work at Hickory Hill Park were followed by three successful applications including Terry Trueblood Recreation Area, Whispering Meadows Wetland Park, and Ryerson's Woods State Preserve. ATTACHMENTS: Description Hickory Hill REAP Phase III Restoration Map Hickory Hill REAP Phase III Stream Crossings Map resolution Hickory Hill Park Ecological Restoration Phase III Ecological Restoration Phase III Ecological Restoration Phase II (REAP 2018) Ecological Restoration Phase I (REAP 2017) Friends of Hickory Hill Woodland Restoration Friends of Hickory Hill Dogwood Transition Restoration Prairie Restorations Hickory Hill Park Ecological Restoration Phase III - Stream Crossings 0 Stream Crossing Improvements (at minimum, accessible to side-by-side maintenance/emergency vehicles) Prepared by: Susan Dulek, First Asst. City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356- 5030 Resolution No. 22-187 Resolution authorizing the City Manager to submit a Resource Enhancement and Protection (REAP) grant application for Hickory Hill Park and to sign a grant agreement if awarded. Whereas, the Iowa Dept. of Natural Resources administers Resource Enhancement and Protection (REAP) grants for acquisition and/or development/enhancement of land for outdoor recreation; and Whereas, the grant process requires City Council approval of a grant submission; and Whereas, City staff would like to apply for a $200,000 grant for ecological restoration of woodland and savanna habitats in Hickory Hill Park as well as improvements to priority stream crossings along trails in the park; and Whereas, there is no local match. . Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The City Manager is authorized to apply for the REAP grant for Hickory Hill Park. 2. If the REAP grant is awarded, the City Manager is authorized to sign the grant agreement and amendments as needed. Passed and approved this end day of August,_2022. ,./...„Aj- ,,_ or ri- Attest: 1 (, LL ii)-: A,dc._ -t Ci y Clerk Ci Attorneys Office (Sue Dulek - 07/26/2022) Resolution No. 22-187 Page 9 It was moved by Weiner and seconded by Tayl or the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen Taylor X Teague X Thomas X x Weiner Item Number: 6.e. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT August 2, 2022 Resolution approving early release of funds retained pursuant to Chapter 26 and Chapter 573 of the Iowa Code for the Public Works Facility Phase I Project. Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The contractor, Merit Construction, has completed more than 95% of the work for the Public Works Facility Phase I Project, and pursuant to Chapter 26 and Chapter 573 of the Iowa Code, the contractor has requested in a sworn statement the early release of funds retained by the City. Background /Analysis: The Contractor gave notice to all known subcontractors and suppliers as required by Iowa Code section 26.13, prior to making the request to the City. The contractor has completed more than 95% of the work, and pursuant to Chapter 26 and Chapter 573, the contractor has requested the early release of funds retained by the City pursuant to Iowa Code 573. The City Attorney's office has reviewed the sworn statement from Merit Construction. The remaining item of work includes the re -painting of the small wash bay, as the High - Performance Coating installed per the contract documents is failing. The City will not move forward with final acceptance of the project until the installation of a different High -Performance Coating in the small wash bay is completed. The City's consultant architect, Neumann -Monson, has accepted responsibility for the failure as a design issue and not as an installation error. They have indicated that the release of the requested retainage is appropriate for the work completed and have signed off on the request. ATTACHMENTS: Description Resolution Prepared by: Melissa Clow, Engineering Division, Public Works,410 E.Washington St., Iowa City, IA 52240(319)356-5413 Resolution No. 22-188 Resolution approving early release of funds retained pursuant to Chapter 26 and Chapter 573 of the Iowa Code for the Public Works Facility Phase I Project. Whereas, the City of Iowa City entered into a contract with Merit Construction Company of Cedar Rapids, Iowa for the Public Works Facility Phase I Project on October 23, 2018; and Whereas, more than 95% of the work under the contract has been completed; and Whereas, pursuant to Iowa Code Chapter 26, Contractor has requested in a sworn statement early release of funds retained by the City pursuant to Iowa Code Chapter 573; and Whereas, the Consultant has determined that the High-Performance Coating in the small wash bay, installed as specified in the contract documents, has failed and must be re-installed with a new product, and Whereas, a different High-Performance Coating as specified by the Consultant is scheduled for reinstallation in September, 2022 at the Consultant's cost; and, Whereas, Contractor represents that it gave notice to all known subcontractors and suppliers as required by Iowa Code section 26.13 prior to making the request to the City; and Whereas, the City is entitled to retain an amount equal to 200% of the value of the labor or materials yet to be provided pursuant to Iowa Code Chapters 26 and 573; and Whereas, $0.00 of the amount due under the contract will continue to be retained for the payment of claims for materials and labor yet to be provided pursuant to Iowa Code Chapters 26 and 573. Now, therefore, be it resolved by the City Council of the City of Iowa City that; 1. The City finds that at least 95% of the work under the contract for the Public Works Facility Phase I Project has been completed in general accordance with the terms and provisions of the contract. 2. Pursuant to Iowa Code Sections 26.13(3) and 573.15A, the City intends to reduce the amount of the retainage from 5% to $0.00, by making payment to Contractor at the time of the next monthly payment or within thirty days after this Resolution has been passed, whichever is sooner. Resolution No. 188 Page 2 Passed and approved this 2nd day of August , 2022 l M Approved by P ' G Attest: A - City lerk City Atto ey's Office (Sara Greenwood Hektoen —07/27/2022) It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas x Weiner Item Number: 6.f. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT August 2, 2022 Resolution awarding contract and authorizing the City Engineer to sign a contract for construction of the Highway 6 Trail (from Fairmeadows Boulevard to Heinz Road) Project. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $735,004.78 available in the Hwy 6 Trail — Fairmeadows to Heinz Project, Account #R4376 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards the contract for construction of the Highway 6 Trail — Fairmeadows Boulevard to Heinz Road Project. The engineer's estimated cost of construction for the project was $660,000, and five (5) bids were submitted prior to the July 19, 2022 deadline: Bidder Name City Bid Metro Pavers, Inc. Iowa City, Iowa $ 735,004.78 Peterson Contractors, Inc. Reinbeck, Iowa $ 788,798.61 Streb Construction Company, Inc. Iowa City, Iowa $ 803,944.80 Midwest Concrete, Inc. Peosta, Iowa $ 816,532.36 Boomerang Corporation Anamosa, Iowa $1,047,974.30 Metro Pavers, Inc. of Iowa City, Iowa submitted the lowest responsive, responsible bid, and staff recommends awarding the Contract for the Highway 6 Trail — Fairmeadows Boulevard to Heinz Road Project to Metro Pavers, Inc. Background /Analysis: The project corridor is along the south right-of-way on Highway 6 between Fairmeadows Boulevard and Heinz Road. The Project includes approximately 0.8 miles of ten -foot wide multiuse trail, improvements to the project corridor's storm water drainage systems (including new storm sewer), Americans with Disabilities Act (ADA) compliant curb ramps at its intersections with roadways and facility entrances, connections between the new trail and local sidewalks and transit facilities (bus stops), and signalization at the trail's intersections with roadways. The proposed trail segment has been identified as a priority for bicycle and pedestrian connectivity, and this trail segment is a prioritized in -fill section. This project addresses a gap in the City's side path network due to the high speeds and volume of vehicular traffic on Highway 6. ATTACHMENTS: Description Resolution Prepared by:Joe Welter,Engineering Division,410 East Washington Street, Iowa City,Iowa 52240(319)356-5144 Resolution No. 22-189 Resolution awarding contract and authorizing the City Engineer to sign a contract for construction of the Highway 6 Trail (from Fairmeadows Boulevard to Heinz Road) Project. Whereas, Metro Pavers, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of 735,004.78 for construction of the above-named project; and Whereas, funds for this project are available in the Hwy 6 Trail — Fairmeadows to Heinz Account #R4376; and Whereas, the City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above- named project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Metro Pavers, Inc., subject to the condition that awardee secure adequate bond and insurance certificates. 2. The City Engineer is hereby authorized to sign the contract for construction of the above- named project and the Contractor's Bond, subject to the condition that awardee secure adequate bond and insurance certificates. Passed and approved this 2nd day of August , 2022 Mayo Approved by r Attest: L City lerk City Attor yffice (Sara Greenwood Hektoen —07/27/2022) It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas x Weiner Item Number: 6.g. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT August 2, 2022 Resolution accepting the work for the Peninsula Well Field Power Redundancy Project. Prepared By: Scott Sovers, Asst. City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: Work on the Peninsula Well Field Power Redundancy Project was recently completed by Price Industrial Electric, Inc. of Robins, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 45,000.00 • Project Bid Received: $ 47,000.00 • Project Actual Cost: $ 47,000.00 Background /Analysis: This project generally included the installation of conduit and cabling from an existing well field switch cabinet to a new utility -provided primary metering enclosure. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT July 27, 2022 City Council Iowa City, Iowa Re: Peninsula Well Field Power Redundancy Project Dear City Council: 1 r 1 44-ipt `�"�` BMW im r ®1 l 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 Peninsula Well Field Power Redundancy Project has been completed by Price Industrial Electric, Inc. of Robins, Iowa in substantial accordance with the plans and specifications prepared by Strand Associates, Inc. The project was bid as a lump sum price contract and the final contract price is $ 47,000.00, There were no change or extra work orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Scott Sovers,Assistant City Engineer, Public Works,410 E.Washington St., Iowa City, IA 52240 319-356-5142 Resolution No. 22-190 Resolution accepting the work for the Peninsula Well Field Power Redundancy Project Whereas, the Engineering Division has recommended that the work for construction of the Peninsula Well Field Power Redundancy Project, as included in a contract between the City of Iowa City and Price Industrial Electric Inc of Robins, Iowa, dated November 16, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Peninsula Well Field Power Redundancy account#W3315; and Whereas, the final contract price is $47,000. 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 2„a day of Au:ust , 2022 M.40 Approved by Attest: �-f City lerk City Attor y's Office (Liz Craig —07/27/2022) It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas x Weiner Item Number: 6.h. r t +wpm,► -"NAME. -- CITY OF IOWA CITY www.icgov.org August 2, 2022 Resolution approving the final plat of the IWV Commercial Park, Iowa City, Iowa. ATTACHMENTS: Description Staff Report Final Plat Final Plat Resolution To: City Council Item: SUB22-0004 IWV Commercial Park GENERAL INFORMATION: Applicant and Property Owner: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: STAFF REPORT Prepared by: Parker Walsh, Associate Planner Date: July 12, 2022 IWV Holdings, LLC. 319-248-6316 madam@spmblaw.com Jon Marner, MMS Consultants 319-351-8282 j.marner@mmsconsultants.net Approval of final plat IWV Commercial Park Subdivision; To create 2 commercial lots Southwest corner of Slothower Road and Melrose Avenue/IWV Road SW 62.22 Acres Undeveloped, CI -1 Intensive Commercial North: (Farmland) County Residential R and Rural Residential RR -1 South: (Farmland, Rural Residential) County Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 60 Day Limitation Period: 2 Agricultural A and Rural Residential RR -1 East: (Johnson County Poor Farm) Neighborhood Public P-1 West: (Farmland) County Agricultural A Intensive Commercial and Public/Private Open Space Southwest District Plan - Intensive Commercial and Vegetative Noise/Sight Buffer SW5 Property owners located within 300' of the project site received notification of the Planning and Zoning Commission public meeting. Subdivision signs were also posted on the site. May 19, 2022 July 18, 2022 BACKGROUND INFORMATION: The applicant, IWV Holdings LLC., has submitted a final plat application of IWV Commercial Park, a 2 -lot, 62.22 -acre commercial subdivision located at the southwest corner of Slothower Road and Melrose Avenue/IWV Road SW. The subject property was annexed into the City limits in November 2021. The application for annexation also included a comprehensive plan amendment to Intensive Commercial and Public/Private Open Space. On January 18, 2022, the Council approved a rezoning of approximately 53.36 acres from County Agricultural (A) to Intensive Commercial (CI -1), approximately 17.03 from County Agricultural (A) to Interim Development Commercial (ID -C), and approximately 9 acres from Rural residential (RR -1) to Intensive Commercial (CI -1) subject to the following conditions: a. Prior to issuance of any building permit, Owner shall plat the property herein rezoned to follow the zoning boundaries. i. Said plat shall show a buffer easement area generally 350' wide consistent with the comprehensive plan map. This easement area shall be governed by an easement agreement, in a form acceptable to the City Attorney. This easement area shall be planted according to a landscape plan approved by the City Forester at such times as required by the subdivider's agreement. Landscaping within the buffer easement area shall meet the S3 standards and include a mixture of deciduous and evergreen trees that will be at least 30' tall upon maturity. ii. Said plat shall include the dedication of right-of-way along the Slothower Road frontage in a size and location approved by the City Engineer to allow Slothower Road to be improved to City urban design standards. b. Pursuant to Iowa City Code Title 15, Owner shall, contemporaneous with the final plat approval, execute a subdivider's agreement addressing, among other things, the following conditions: i. Owner shall contribute 25% of the cost of upgrading Slothower Road, south 3 of any future access, to collector street standards, adjacent to the subject property. ii. Owner shall install landscaping to the S3 standard along the Slothower Road and IWV Road frontages; iii. Improve Slothower Road to the southern end of any future access off Slothower Road. c. For all lots fronting IWV Road and Slothower Road, loading areas and outdoor storage shall not be located between the front facade of the principal structure and the public right-of-way line. On February 15, 2022, the Council approved the preliminary plat (SUB21-0012) for IWV Commercial Park. ANALYSIS: The final plat of IWV Commercial Park is in general compliance with the preliminary plat and subdivision regulations. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the July 12, 2022 Council meeting. Environmentally Sensitive Areas: The southern 1/4 of the subject properties contains a blue line stream and a 50' stream corridor buffer. The area also contains .37 acres of wooded wetlands and .95 acres of emergent wetlands. The southern wetland is bordered by a 100' wetland buffer. A Preliminary Sensitive Areas Development Plan was approved during the rezoning. The final plat identifies conservation easement areas that align with the Preliminary SADP, which will be protected from future development. The final plat also includes a vegetative buffer easement area that is 350' wide along the southern boundary of the subject properties, which was a condition of the rezoning. The purpose is to provide a buffer from the future intensive commercial land uses through additional landscaping. The legal documents note that approval of a landscaping plan will be required prior to issuance of a building permit. The buffer area will prohibit installation of structures, parking lots, drives aisles, or loading areas. Construction and maintenance that is necessary for storm water management will be allowed. Neighborhood Open Space: Per section 15-3-5-B of the City Code, there is no neighborhood open space requirement since this is a commercial subdivision. Transportation: The final plat shows the dedication of right-of-way along the Slothower Road frontage in a size and location approved by the City Engineer to allow Slothower Road to be improved to City urban design standards, which was a condition of the rezoning. The final plat also includes a common access easement off of Melrose Avenue. Future access off of Slothower Road will require a cross access easement agreement extending through Lots 1 and 2 for interior access to the subject property, which will be addressed in legal documents. As conditions of the rezoning, the applicant will be required to improve Slothower Road from the intersection of Melrose Avenue/IWV Road SW to the southern most access point into the subdivision off Slothower Road. The applicant will also be required to provide 25% of the cost for improvement to the remainder of the Slothower Road frontage south of the future access point. These conditions will be addressed in legal documents anticipated to be approved by the time of the July 12 City Council meeting. Storm Water Management: Storm water management is provided via two separate basins that are located in the southern 1/4 of the subject properties. Public Works is reviewing the applicant's 4 storm water management plan as part of the construction drawings. It is anticipated that construction drawings will be approved prior to the July 12 City Council meeting. Sanitary Sewer Service: Sanitary sewer service will be extended to the west along IWV Road SW from the current endpoint east of the Slothower Road and Melrose Avenue/IWV Road SW intersection. Infrastructure Fees: Prior to the issuance of any building permit, the subdivider will be required to pay to the City a water main extension fee in the amount of $31,332.13 ($503.57 per acre for 62.22 acres). NEXT STEPS: Once the final plat, construction drawings, and legal documents are approved and all improvements have been accepted by the City, the applicant can submit site plan and building permit applications. STAFF RECOMMENDATION: The final plat and legal documents address all rezoning conditions with the exception of the condition restricting the location of loading areas and outdoor storage, which will be addressed at site plan approval. Therefore, staff recommends approval of SUB22-0004, the final plat of the IWV Commercial Park subdivision, a 2 -lot, 62.22 -acre commercial subdivision located at the southwest corner of Slothower Road and Melrose Avenue/IWV Road SW. ATTACHMENTS: 1. Final Plat Approved by: e Slii—k......_.---.--- Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services FOR COUNTY RECORDER'S USE a L- NORTHNEST CORNER OF SECTION 13-179N-R7W OF THE REIN PRINCIPAL MERIDIAN FOUND 1\2' ROAR W\O Ls CAP 8001( 32 AT PACE 13 LOCATION: SUBDIVIDER: A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13. TOWNSHIP 79 NORTH. RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. INN HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY, IOWA 52240 SUBDIVIDER'S ATTORNEY: JOSEPH C. JUDGE 220 N MAIN STREET. 6600 DAVENPORT, IOWA 52801 LAND SURVEYOR: RICHARD R. NOWOTNY P.L.S MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 PROPRIETOR OR OWNER: INN HOLDINGS LLC I OL HIGHWAY 1 C NE IOWA CITY. IOWA 52240 DATE OF SURVEY: DOCUMENT RETURN INFORMATION: 05.07.2021 ATTORNEY 170 �h7 NOTE: THE R.O.W. MONUMENTS ALONG THE SOUTH UNE OF MELROSE WERE NOT SET AT THE TIME OF THE FIELD SURVEY. PINS TO BE SET BY LS 16646 UPON COMPLETION OF THE CONSTRUCTION PROJECT. 0 20 50 100 150 200 GRAPHIC SCALE IN FEET 1"=201' 44, frsts N LLQ0 LINE SEGMENT TABLE LINE LENGTH BEARING LINE LENGTH BEARING LI 119.88 N33'34'20"W L13 88.63 529'35'55"W L2 65.51 N59'51'33 -W L14 141.82 519'01'16-V/ L3 75.78 N8016'35"E L15 114.94 57703'18"V/ L4 50.49 N07'32'20"E L16 60.47 55318'58"W L5 94.44 N07'32.20"E L17 53.75 511'52'36-V/ L6 97.79 N68'50'2511W L18 38.06 50513'45"E L7 108.40 N75'32'36"E L19 90.81 S75'05'34"V/ L8 153.22 N66 -05.32"E L20 98.97 553'3722"E L9 77.66 N89'35'07'4 L21 73.22 537'33151"E L10 59.58 N09'30'51"E L22 127.80 S11107'08"E L11 168.39 N57'00'46"E L23 85.45 S7115'48"E L12 197.39 564'01'45"E L24 185.13 586"44123"E L25 28.96 50419.09-V/ POINT OF BEGINNING NORTH QUARTER CORNER OF SECTION 13-T79N-R7W OF THE F1FT1-1 PRINCIPAL MERIDIAN FOUND 5\8" REBAR 111\0 L5 CAP BOOK 63 AT PAGE 355 NORTH UNE OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13-T79N-R7W 1771.71' OM ROAD ! B Figei N00'53'2786.9 W' ALCERT AND PAYS r=ig& ADVIT'IoN ei rn Ii I1 O U Y (n w O rc w r a 0 1- 0 z 0 3 0J. N Q 0 0 N NORTH ONE L 0 Luz J W N13'37'32"W 53.10' 0 N89V3'31"E 252.5VN'TS 190e��'F 0 N89'06'SO"E LOT °A° �1 5' N69'06'S0"E 399.05' N6716'4SE 59.05' LOT 2 960,026 SF 22.04 AC N89V3'31"E STORM WATER DETENTION EASEMENT (2)> 11. / 370.12' NNE S89'03'31 "W SOUTNOFT CORNER M OF THE '1NORTH ONE-HALF in OF THE "+ NORTHNEST CORNER 1 OF a` SECTION 13-T79N-R7W l OF THE 1 FIFTH PRINCIPAL MERIDIAN SET 5\8" REBAR W\ YELLOW PLASTIC LS CPP 17916 in io 9 O L25 L24O ® `3 L= /O Q n -948.13'L^ Y 497.11' 1- 259 89' to 191.13' '') 425.64' =5� 0/ V�6, 4.07 AC - - ~ N89'06 50 E i„ 013.45'(M) 913.37'(R) -- "TN„ o 0 t (j c - ® 'vIl 6 0, S69'05'05'E 140.0_ J 40.39'(R)(M) MELFVE AVENUE - b 0 EASEMENT FOR PUCLIG 111S11WAY A5 WARDED N DO IC M79 AT PAE£5 AFA9 OF 111E RELGiRP GF Yr£ JGHNra LOI.NTY RECORPER'' OFRLE. ®+W •4' See t.e 10 C4 N89'03'31'E �4 156.12' \ 318.74' N89V3'31'E ON `nu "442 1551.41' SOUTH UNE OF THE NORTH ONE-HALF w Lt..- / OO LO CONSERVATION EASEMENT LOT 1 1.573.279 SF 36.12 AC NSBV331"C 0 ta1Cw'm NOM_ (9a: Urel :. EL _ N89 r-'S0"E 75.00'(R)(1A) -200.31' NB9'06'50"E N6718'45"E 40.40 300 0' 0 18.0' 855.82' STORM WATER DETENTION EASEMENT oho S00136'26"E 3.41' z 01- <a v.� 92 423.60' 60328'-O(y�9 68 210 S89'03'31"W OF THE NORTHWEST QUARTER OF SECTION 13-T79N-R7W q .4 EXCEPTED PARCEL DETAIL S8927'06'W IWV ROAD SW / F4B NEST QUARTER CORNER OF SECTION 13-T79N-R7W OF THE REIN PRINCIPAL MERIDIAN FOUND 5\8' REBAR W\0 LS CAP BOOK 42 AT PAGE 262 500V3'69"w 40.001R)(M)( 127.0' N89V6'50'E 236.74'(0 237.20'(R) I N0.18' R)( J'' 29.18' R M77' 1 . WARRANTY PEEP 500K 6178 Ar PAGE 221 228.35'(R)(M) 559'06'50"W 56718'45'W 11.27'(R)(M) 0.14 AC B. 131C9'W Q 250D'(R)(M) I'j 53.0' PLAT/PLAN APPROVED by the City of Iowa City City Clerk Date: UTILITY EASEMENTS, AS SHOWN HEREON, MAY OR MAY NOT, INCLUDE SANITARY SEWER LINES, AND/OR STORM SEWER ONES. AND/OR WATER UNES; SEE CONSTRUCTION PLANS FOR DETAILS. UTILITY EASEMENTS, AS SHOWN HEREON, ARE ADEQUATE FOR THE INSTALLATION AND MAINTENANCE OF THE FACILITIES REQUIR- ED BY THE FOLLOWING AGENCIES: MIDAMERICAN ENERGY CO. Date: CENTURYLINK Date: IMON Date: METRONET Date: MEDIACOM Date: <bO 715.06' 0 © 582.6759'Y1 m 1 - t Q I W �2I al r� l ts 0 N69V3'31E_I •oo 154.78' o M Z CO Ic- al\ 0 ig N 3 w '/o I Z 3.0' v, (2)J 66.D'I I 3o5.ti + '59"W ❑ l/ 5/ 00'0077.14' 662.05' f �-- SB8'45'34'W 7 13-T79N-R7W 3p IU 0 o�, Q N0 lc0 rc a 1- O z w w 0 J >i 0 KAUDLE'S SLIpDIVISION IN ALLGRPANLE WITH TIE FAT THEREOF RECORDED IN FLAT WOK W Ar PMe 47 OF THE WORM Or TtE . a1N50N GGINTY REGORPER'6 M ICE CURVE SEGMENT TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD BEARING C1 76'22'44" 101.00' 134.64' 79.45' 124.89' N30'39'02"W C2 6221'54" 101.00' 109.94' 61.13' 104.59' N21'40306"W C3 55'39'55" 101.00' 98.13' 53.32' 94.31' N1819'07"W C4 971S01" 101.00' 171.96' 115.27' 151.93' S78'22'26"W ALL BEARINGS ARE BASED ON IOWA STATE PLANE COORDINATES (SOUTH ZONE), LIBRARY CALIBRATION USING THE IOWA REAL TIME NETWORK (RTN), THE DISTANCES SHOWN ON THE PLAT ARE GROUND DISTANCES AND NOT GRID DISTANCES. NOTES ON THIS PLAT ARE NOT INTENDED TO CREATE ANY VESTED PRIVATE INTEREST IN ANY STATED USE RESTRICTION OR COVENANT OR CREATE ANY THIRD PARTY BENEFICIARIES TO ANY NOTED USE RESTRICTION OR COVENANT. LOT A CONTAINS 4.07 ACRES, AND 15 TO BE DEDICATED TO THE CITY OF IOWA CITY FOR PUBLIC RIGHT'OF"WAY FOR MELROSE AVENUE. AND SLOTHOWER ROAD . op 90UTHEAST CORNER 'w OF THE 'N NORTH ONE-HALF l0 OF THE NORTHWEST CORNER 10 OF N SECTION 13-T79N-R7W OF THE FIFTH PRINCIPAL MERIDIANI I SET 5\8" REBAR W\ YELLOW PLASTIC LS CAP 17916 ' CENTER OF SECTION 13-T79N-R7W OF THE REIN PRINCIPAL MERIDIAN FOUND 5\6' REBAR w\ YELLOW L5 CAP 13267 BOOK 42 AT PAGE 256 AREA SUMMARY TABLE EXISTING PROPERTY AMONUMENTATION TABLE AREA AREA IN ROW NE -NW 39.49 ACRES 3.38 ACRES NW -NW 22.73 ACRES 0.69 ACRE TOTAL 62.22 ACRES 4.07 ACRES N FINAL PLAT IWV COMMERCIAL PARK IOWA CITY, JOHNSON COUNTY, IOWA 1 LEGEND AND NOTES EXISTING PROPERTY AMONUMENTATION TABLE LABEL DESCRIPTION ❑A FOUND REBAR 1M ORANGE PLASTIC LS CAP12802 ID FOUND Sr REBAR 0.40 LS CAP E FOUND REBAR V01 LS CAP 4971 1 LEGEND AND NOTES EASEMENT IDENTIFICATION TABLE LABEL DESCRIPTION 10 15.00 FOOT WIDE UTILITY EASEMENT Q STORM WATER DETENTION EASEMENT ® CONSERVATION EASEMENT 0 350' VEGETATIVE BUFFER EASEMENT 0 100' X 140' COMMON ACCESS EASEMENT 0 20.00 FOOT WIDE SANITARY SEWER EASEMENT 1 LEGEND AND NOTES A - CONGRESSIONAL CORNER, FOUND - CONGRESSIONAL CORNER, REESTABLISHED - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) o - PROPERTY CORNERS SET (5/8' Iron Pin w/ yellow. plastic LS Cap embossed with "MMS" ) - PROPERTY &/or BOUNDARY LINES - CONGRESSIONAL SECTION LINES - - - - --- - RICHT-OF-WAY UNES - CENTER UNES LOT LINES, INTERNAL LOT LINES, PLATTED OR BY DEED - EASEMENT LINES, WIDTH & PURPOSE NOTED - EXISTING EASEMENT LINES, PURPOSE NOTED {R) - RECORDED DIMENSIONS (M)- MEASURED DIMENSIONS 022-1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERWSL ALL OMENS OHS ARE IN FEET AND HUNDREDTHS DESCRIPTION - IWV COMMERCIAL PARK Beginning at the North Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S0O°00159"W, along the East Line of the North One -Half of the Northwest Quarter of said Section 13, a distance of 1305.56 feet, to its intersection with the Easterly Projection of the North Line of Kauble's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 20 at Page 47 of the Records of the Johnson County Recorder's Office; Thence S88°45'34"W, along said Easterly Projection and North Line, 715.06 Feet, to the Northwest Corner thereof; Thence S00°06'26'E, along the West Line of said Kauble's Subdivision, 3.41 feet, to its intersection with the South Line of the North One -Half of the Northwest Quarter of said Section 13; Thence S89°03'31'W, along said South Line, 1551.41 feet; Thence N13°37'32"W, 53.10 feet: Thence N04°19'09"E, 213.22 feet; Thence N22°47'41"E, 655.46 feet; Thence N33°02'35"E, 437.98 feet; Thence N00°53'27"W, 86.92 feet, to a Point on the North Line of the North One -Half of the Northwest Quarter of said Section 13; Thence N89°06'50"E, along said North Line, 1771.71 feet, to the Point of Beginning. EXCEPTING THEREFROM: That Portion of the North One -Half of the Northwest Quarter of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Beginning at the North Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°06'50"W, along the North Line of the North One -Half of the Northwest Quarter of said Section 13, a distance of 27.00 feet; Thence S0O°00'59"W, 40.00 feet, to the Point of Beginning; Thence continuing S00°00'59"W, 25.00 feet; Thence S89°06'50"W, 226.35 feet; Thence S67°18'45"W, 11.27 feet; Thence N00°00'59"E, 29.18 feet; Thence N89°06'50'E, 236.74 feet, to the Point of Beginning. Said resultant tract contains 62.22 Acres, and is subject to easements and restrictions of record. tg51otiAti 44``®`� SEAL I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. RICHARD R. NOWOTNY P.L.S. Iowa Lic. No. 17916 My license renewal dote is December 31 20 Pages or sheets covered by this seal: 20 Signed before me this day of ,20_ . Notory Public, in and for the State of Iowa. 62.22 ACRES M M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Dote Revision 06-24-22 PER CITY REVIEW -JOM 07-06-22 PER CITY COMMENTS -JDM FINAL PLAT IWV COMMERCIAL PARK IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS. INC. Dote. 02-23-2022 Designed by: Field Bode No: KJB Ona -in by: Checked by. Sheet No. RRN Protect No, IOWA CITY 10355-010 of; 1311 RLW Scale: 1"= Deferred to 8/16/22 Prepared by: Parker Walsh,Associate Planner,410 E.Washington St., Iowa City, IA 52240(SUB22-0004) Resolution No. Resolution Approving Final Plat of IWV Commercial Park, Iowa City, Iowa. Whereas, the owner, IWV Holdings LLC, filed with the City Clerk the final plat of IWV Commercial Park, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the North Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°00'59"W, along the East Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 1305.56 feet, to its intersection with the Easterly Projection of the North Line of Kauble's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 20 at Page 47 of the Records of the Johnson County Recorder's Office; Thence S88°45'34"W, along said Easterly Projection and North Line, 715.06 Feet, to the Northwest Corner thereof; Thence S00°06'26"E, along the West Line of said Kauble's Subdivision, 3.41 feet, to its intersection with the South Line of the North One-Half of the Northwest Quarter of said Section 13; Thence S89°03'31"W, along said South Line, 1551.41 feet; Thence N13°37'32"W, 53.10 feet; Thence N04°19'09"E, 213.22 feet; Thence N22°47'41"E, 655.46 feet; Thence N33°02'35"E, 437.98 feet; Thence N00°53'27"W, 86.92 feet, to a Point on the North Line of the North One-Half of the Northwest Quarter of said Section 13; Thence N89°06'50"E, along said North Line, 1771.71 feet, to the Point of Beginning. EXCEPTING THEREFROM: That Portion of the North One-Half of the Northwest Quarter of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Beginning at the North Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°06'S0"W, along the North Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 27.00 feet; Thence S00°00'59"W, 40.00 feet, to the Point of Beginning; Thence continuing S00°00'59"W, 25.00 feet; Thence S89°06'50"W, 226.35 feet; Thence S67°18'45"W, 11.27 feet; Thence N00°00'59"E, 29.18 feet; Thence N89°06'50"E, 236.74 feet, to the Point of Beginning. Said resultant tract contains 62.22 Acres, and is subject to easements and restrictions of record. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Resolution No. Page 2 Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2021) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The City shall accept dedication of the streets and easements upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Passed and approved this day of , 2022. Mayor Approved by Attest: City Clerk City Attorney's Office (Sara Greenwood Hektoen — 07/26/2022) It was moved by and seconded by the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner pcd/templates/Final_Plat=_Resolution.doc.doc Item Number: 6.i. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT August 2, 2022 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc. to provide engineering consultant services for the North Gilbert Street Reconstruction Project. Prepared By: Tyler Olson, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $215,000 available in the N. Gilbert Street Reconstruction Project account #S3955 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This agenda item approves the consultant agreement with Strand Associates, Inc. of Madison, Wisconsin, for the design of the North Gilbert Street Reconstruction Project. This project generally includes the following: • Replacement of Gilbert Street from the intersection of Brown Street to approximately 100 feet south of Kimball Road with new concrete pavement • Undergrounding of aerial utilities • Replacement of aging sanitary sewer • Expansion of storm sewer • Replacement and extension of sidewalks • Minor adjustments to water main • Regrading and site modifications to facilitate new construction • Curb ramp replacement at the Brown Street intersection Background /Analysis: The pavement on Gilbert Street, between Brown Street and Kimball Road, is in poor condition and needs replacement. The project will also make other improvements to improve the vertical alignment of the street and related work to bring the corridor up to current urban design standards The City will enter into an Agreement with Strand Associates, Inc. of Madison, Wisconsin to provide design and construction services for the N. Gilbert Street Reconstruction Project. ATTACHMENTS: Description Resolution Agreement 1 ••• 011.3112Tir CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org City Council Agenda — August 2, 2022 — Formal Meeting Information submitted between distribution of packet on Thursday and 4:OOpm on Monday. Late Handout(s): Consent Calendar 6.i North Gilbert Street Reconstruction — Strant Associates, Inc. — Billing Rate Planning & Zoning Matters 10.a Rezoning — Monument Hills — See correspondence from Mike Gatens and Mike Cilek Strand Associates, Inc. - Billing Rate List July 1, 2022 - June 30, 2023 Item Billing Rate Accounts Payable @ cost Color Copies $0.75 per copy Company Vehicle Mileage $0.80 per mile Computer Expense $16.00 per hour Copies $0.15 per copy Covers& Bindings @ cost per items used Equipment Rental @ cost based on Rental Rates below Field Expense @ cost based on Item Rates below Meals Expense @ cost Mileage $0.62 per mile Other Consultants @ cost Postage/UPS @ cost Reimbursed Employee Expense @ cost Telephone $0.50 per minute Wide Format Printing $0.35 per sqft; $2.05 per sqft Mylar Late Handouts Distributed (Date) Prepared by:Tyler Olson, Engineering Division.410 E.Washington St., Iowa City, IA 52240, (319)356-5413 Resolution No. 22-191 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc. to provide engineering consultant services for the North Gilbert Street Reconstruction Project Whereas, the City of Iowa City desires to reconstruct N. Gilbert Street from Brown Street to Kimball Road including the intersection of N. Gilbert Street and Brown Street; and Whereas, the City desires the services of a qualified consulting firm to provide preliminary design, final design and preparation of a project manual for bidding, bidding assistance, and construction services for the N. Gilbert Street Reconstruction Project; and Whereas, the City issued a Request for Qualifications, On Call Professional Design and Engineering Services (2020-2022), May 1, 2020, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates; and Whereas the City has negotiated an Agreement for said consulting services with Consultant, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant; and Whereas, funds are available in the N. Gilbert Street Reconstruction - Account#S3955; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Resolution No. 22-191 Page 2 Passed and approved this 2nd day of August 2022 Maj Approved by Attest: I ,�.�Lk -) City lerk City Attorn 's ffice (Liz Craig — 07/28/2022) It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas Weiner Consultant Agreement This Agreement, made and entered into this 02 day of August, 2022, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Strand Associates, Inc.®, of Madison, Wisconsin, hereinafter referred to as the Consultant. Whereas, the City desires to reconstruct N. Gilbert Street from Brown Street to Kimball Road including the intersection of N. Gilbert Street and Brown Street (hereinafter"Project"), and; Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary design, final design and preparation of a project manual for bidding, bidding assistance, and construction services for the N. Gilbert Street Reconstruction Project, and; Whereas, the City issued a Request for Qualifications, On-Call Professional Design and Engineering Services (2020-2022), May 1, 2020, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City, and; Whereas, submittals were received from consulting firms and evaluated by a selection committee, and; Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates, and; Whereas the City has negotiated an Agreement for said consulting services with Consultant, to provide said services, and; Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant, and; Whereas, funds are available in the N. Gilbert Street Reconstruction, Account Number S3955, and; Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Design Services A. Conduct a virtual kickoff meeting with City and City utilities. B. Review available existing City-provided information, record drawings, geographic information system (GIS) data, City's planimetric data and utility information, and available property boundary information. C. Conduct up to two days of topographic survey along the project corridor from Brown Street to Kimball Road (anticipate 900 linear feet) and the intersection of Brown Street and N. Gilbert Street within the existing right-of-way (R/W). Contact Iowa One Call for field locations of existing utilities prior to topographic survey and request public and private utility mapping. D. Participate in a virtual private utility meeting with City and applicable private utility agencies to discuss project scope and potential utility impacts. E. Conduct up to three soil borings at an anticipated depth of 15 feet along the project corridor. Perform laboratory testing of the boring samples and provide existing soil characteristics, pavement recommendations, and utility trench excavation and backfill recommendations to City.Consultant's subconsultant will conduct the soil borings. - 2 - F. Prepare preliminary design drawings for the street reconstruction. The preliminary design will include removal of existing road and replacement with concrete pavement with integral curb and gutter, removal and replacement of original brick road near and at the intersection of Brown and N. Gilbert streets, new sidewalks on both sides of street (in accordance with the Americans with Disabilities Act), concrete stairway and handrail replacement, driveway apron replacements including behind sidewalk as needed to tie back into existing driveway, anticipate 600 linear feet of storm sewer including intakes and manholes, and anticipate 900 linear feet of sanitary sewer including services and manhole replacements within the R/W. It is anticipated only minor water main modifications will be required for fire hydrant relocations. Removal and replacement of an anticipated 150 linear feet of concrete block and stone block retaining wall. The roadway maybe closed to thru traffic during construction; no construction staging is anticipated. Driveway access will be provided during the project construction. G. Prepare a preliminary opinion of probable construction cost(OPCC). H. Conduct a virtual design workshop with City Engineering Division and Utility staff to review the preliminary design and address comments, as appropriate. Provide final design drawings, technical specifications, and OPCC and conduct a virtual design workshop with City Engineering Division and Utility staff to discuss the final design. Address City design comments, as appropriate, and provide final documents to the City for bidding. Design drawings will include the following: a. Title sheet b. General notes c. Typical sections d. Construction details e. Curb ramp details (anticipated eight total ramps) f. Demolition and removal drawings g. Erosion control drawings h. Alignment and control point drawings i. Roadway and storm sewer plan and profile drawings j. Intersection and detail drawings for N. Gilbert and Brown Street Intersection k. Sidewalk plan, sidewalk tabulations, and detail drawings I. Sanitary sewer plan and profile drawings m. Minor water main relocation drawing n. Existing/permanent signing drawings o. Retaining wall design and details p. Cross sections Provide technical specification utilizing the City's standard technical specifications. Provide additional special provisions, as necessary, for construction elements not covered under the City or Iowa Statewide Urban Design and Specification standards. Provide project manual for City Review at approximately 90 and 100 percent completion. City shall provide project manual template. City-provided documents shall name Consultant as an additional insured on contractor's General Liability and Automobile Liability insurance policies and will indemnify Consultant to the same extent that the contractor insures and indemnifies City. J. Provide drawings to applicable private utility agencies for utilities to review and resolve conflicts with the proposed design. Participate in up to two virtual private utility meeting with the City, if needed. City shall approve all utility work plans and permits. K. Provide legal descriptions and exhibits for RNV property acquisition and/or easements by City(anticipated total is eight) related to the project. L. Provide exhibits for and attend two in-person public outreach meeting to be arranged and facilitated by City. - 3 - M. Attend in-person meetings with private property owners and City (anticipated six participating property owners). It is anticipated that all meetings will occur over two days. City shall obtain right-of-entry permission for survey services on private property. N. Provide City with electronic copies of the following Contract Documents for use in bidding and award: 1. Final design drawings in Adobe Acrobat portable document format and .dwg electronic format. 2. Specifications in Microsoft Word format 3. Project manual in Microsoft Word format Bidding-Related Services A. Prepare addenda and answer questions during bidding, as necessary. B. Attend the preconstruction conference in person. Construction-Related Services A. Provide responses to City's and contractors' requests for information during construction (anticipated total 40 hours) B. Attend virtual or in-person construction project meetings, as requested (anticipated total 20 hours) Post Construction-Related Services A. Provide Record Drawings based on information collected by the City and Contractor during the project construction. Consultant will not be liable for the accuracy of the record drawing information provided by the City and Contractor. Service Elements Not Included The following services are not included in this Agreement. If such services are required, they will be provided through a separate agreement or through an amendment to this Agreement. A. Permitting Services B. Street Lighting Design C. Landscaping Design D. Title Reports E. Easement Acquisition F. Construction Staking G. Construction Observation H. Construction SWPPP Inspections -4 - II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Scope Item Anticipated Milestone Completion Kickoff Meeting August 10, 2022 Survey August 26, 2022 Preliminary Design November 4, 2022 Public Meeting No. 1 November 16, 2022 RNV Exhibits February 3, 2023 Property Acquisition (by City) February 2023—July 2023 Private Utility Relocation (by others) February 2023—July 2023 Ninety Percent Drawings and Specifications May 2023 Final Drawings and Specifications August 2023 Public Meeting No. 2 September 2023 Bidding-Related Services November 2023—December 2023 Construction-Related Services April 2024—September 2024 Contract Completion October 31, 2024 III. Compensation for Services Compensation shall be based on performing the Scope of Services on an hourly rate basis plus expense for an estimated not-to-exceed fee of $215,000 in accordance with the hourly fee schedule shown. Hourly Billing Rates Principal $285 to $350 Senior Project Engineer $220 to $280 Project Engineer $150 to$230 Junior Project Engineer $120 to $160 Technicians $100 to $140 Administrative $ 90 to $100 IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all services performed up to the time of termination. However, such sums shall not be greater than the "not-to-exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. - 5- D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the services set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Meetings in addition to those provided in I. Scope of Services shall be considered additional services. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City, upon notification to Consultant, to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including reasonable attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, - b - and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, and employees. P. Insurance 1. 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 in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. - 7 - R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. FOR THE CITY FOR THE CONSULTANT CITY OF A CITY STRAND ASSOCIATES, INC. ' '_ By: -� By: yiJ1r oseph . Bunker Title: Mayor Title: Corporate Secretary Date: August 2, 2022 Date: 7/40tat2,. ATTEST: ATTEST: '.tii-¢a�61�.u -- Approved by: CVtoreY's Office 0- -.4t---40. Y Date: 7 - l - a a Item Number: 7.a. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT August 2, 2022 Resolution setting public hearing for August 16, 2022, on a proposal to convey the property at 724 Ronalds Street. Prepared By: Tracy Hightshoe, Neighborhood & Development Services Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Lot to be sold for $75,400. Recommendations: Staff: Approval Commission: NA Attachments: Resolution Executive Summary: The City currently owns land located at 724 Ronalds Street. The property, which included a single family home, was acquired in a sheriff's sale on December 13, 2016 for $86,800. The home had a long history of nuisance violations dating back to 1987. Due to years of neglect and code violations, the Building Official determined the structure was a dangerous building and the home was demolished in 2022. The City received a purchase offer by The Housing Fellowship to acquire the property for $75,400, the assessed value of the land. The Housing Fellowship intends to construct up to two single family homes for affordable housing through the Student Built Program in partnership with the Iowa City Community School District and the Home Builder's Association, Vocational Training Council. The public hearing to convey the land is set for August 16, 2022. Background /Analysis: The requested proposal is a collaborative effort between the City, the Housing Fellowship, the local HBA Vocational Training Council (VTC), and the Iowa City Community School District. Under the proposal the City would sell the lot to the Housing Fellowship to own, develop, and manage the home(s) built as affordable rental housing for families. The VTC would manage the construction and the ICCSD instructor would provide the instruction and student labor to help build the home(s). The venture will offer several benefits for Iowa City. It will help address the affordable housing shortage, implement City climate action goals, create infill walkable housing, and introduce students to career opportunities. This project will introduce ICCSD students to great paying, vital careers in the trades. The trades are in dire need of skilled employees. There are roughly 4,000 job vacancies in Iowa, with that number expected to increase by at least 7% by 2030. The ICCSD will provide a full-time program instructor who will lead the instruction, on and off site, supervising the students in hands on construction of the home. GT Karr, current HBA VTC chair, will manage the project. It will be based on the prior ICCSD Student Build program, as well as building on the recent success of the Student Remodel in 2021 (South District Homeownership Program), and the 2022 Residential Construction Confidence Course for Women. The property is zoned RS -8, and the lot is 80'x150'. Due to the zoning and the alley along the north side, it may be possible to split the lot into two 40'x150' lots to allow The Housing Fellowship to build two single family homes. The Housing Fellowship will procure the financing, with the intent to build one home in the 2023-2024 school year and, if feasible, a second the following school year. This schedule allows time for all parties to work through the design and planning process. The Housing Fellowship plans to request funds for the acquisition of the lot through the City's Affordable Housing Fund, Opportunity Fund. This request and grant agreement will be on the August 16, 2022 City Council agenda for consideration. The lot is in the Brown Street Historic District. The design of the home(s) are required to be submitted to the Historic Preservation Commission for review and issuance of a Certificate of Appropriateness. The home(s) must reflect the historic style of the neighborhood and be 1 1/2 to 2 stories in height. The Housing Fellowship plans on holding a Good Neighbor Meeting to discuss the project before they submit plans to the Historic Preservation Commission for review. ATTACHM ENTS: Description resolution Prepared by: Susan Dulek, First Asst City Atty, 410 E.Washington St., Iowa City, IA 52240; (319)356-5030 Resolution No. 22-192 Resolution setting public hearing for August 16, 2022, on a proposal to convey the property at 724 Ronalds Street. Whereas, the property at 724 Ronalds Street was a nuisance property for many years; and Whereas, the City purchased 724 Ronalds Street at Sheriff's sale; and Whereas, because the condition of the home and out-building on the property were beyond rehabilitation, the City demolished the structures and the property at 724 Ronalds Street is now a vacant lot; and Whereas, the City has received an offer to purchase 724 Ronald Street for the principal sum of $75,400 from The Housing Fellowship; and Whereas, this sale would provide the opportunity for construction of affordable housing; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to convey the property located at 724 Ronald Street, Iowa City, Iowa, also known as Lot 7, Block 12, Original Town of Iowa City, Iowa, subject to a sanitary sewer easement, for the sum of$75,400. 2. A public hearing on said proposal should be and is hereby set for August 16, 2022, at 6:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this end day of August , 2022. Mj Attest: 4.0) City lerk Approved by G � � City Attorne s Office (Sue Dulek— 07/26/2022) Resolution No. 22-192 Page 2 It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas x Weiner Item Number: 11. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT August 2, 2022 Resolution authorizing conveyance of a single-family home located at 2023 Taylor Drive. Prepared By: Stan Laverman, Senior Housing Inspector Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: City funds were budgeted at $35,000 for rehabilitation expenses, and up to $25,000 in federal HOME funds will be used for buyer down payment assistance. There will be no impact on the general fund for ongoing operational expenses. Recommendations: Staff: Approval Commission: N/A Attachments: Photos Resolution Executive Summary: July 12, 2022, City Council will set a public hearing for August 2, 2022 to consider a resolution authorizing the conveyance of 2023 Taylor Drive as part of the South District Program. This will be the fourth home sold under the program. Background /Analysis: The City acquired the duplex at 2021-2023 Taylor Drive in 2019 for $150,000 ($75,000 per unit) and converted the units into condominiums. The City budgeted $35,000 to rehabilitate the home at 2023 Taylor Drive to sell to an income eligible homebuyer. The home received new siding, updated electrical, and a complete renovation of the interior. The City invested additional dollars outside the original budget to provide energy efficiency improvements in partnership with the Climate Action division, including the installation of solar panels, added insulation, upgraded HVAC to an air source heat pump, Energy Star appliances and additional landscaping and tree planting. The renovation efforts also benefited from two additional partnerships. The student build partnership provided local high school students the opportunity to gain construction skills while contributing their labor to the project. The students, under the guidance of Iowa City Community School District instructors and members of the Greater Iowa City Homebuilders Association, assisted with building a storage shed, siding the property, and other projects on the interior of the property. The Residential Construction Confidence Course for Women sponsored by Kirkwood Community College and The Greater Iowa City Association of Home Builders provided an opportunity for local women to work on projects related to flooring and finish carpentry. The City will sell the home for $155,000, the cost the City invested into the home including purchase price, rehabilitation funds and carrying costs (utilities, loan interest, taxes, etc.). The goal of the program is to sell the home to an income eligible homebuyer who is a current resident of the neighborhood. Of the $155,000, there will be a conditional mortgage of $35,000 on the property that will be forgiven over 10 years. No repayment is necessary unless the owner sells the property. The longer the buyer owns the property, the less needs to be repaid to the City upon sale. In addition, the City will provide HOME downpayment assistance on the remaining amount to finance. Based on the preliminary underwriting for the proposed homebuyer, the HOME downpayment assistance is estimated at $25,000. The HOME downpayment assistance is also a conditional mortgage and forgiven after 10 years. If the owner sells the home within the 10 years, the net proceeds of the sale are shared between the City and the Buyer, up to the HOME amount provided. The buyer will finance the remaining amount, estimated at $95,000, through their lender. For a 30 -year mortgage, at 5% interest, it is estimated that their principal and interest payment, with property taxes and insurance will be approximately $850 monthly. The home features two bedrooms and one bathroom on the main floor with additional living space in the basement. The buyer has been a resident of the South District Neighborhood for multiple years and is a first-time home buyer. The buyer completed a homeowner education course and counseling through Horizons. In addition, the homebuyer will sign an agreement to maintain the home as an owner -occupied unit. ATTACHMENTS: Description Photos Resolution After Photos: Before Photo: 2023 Taylor Drive 3 bedroom home For Sale $155,000 .1111111111111 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 22-193 Resolution authorizing conveyance of a single-family home located at 2023 Taylor Drive. Whereas, the South District Home Investment Partnership Program is an effort by the City to encourage home ownership and reinvestment in designated neighborhoods; and Whereas, the City purchases residential properties, rehabilitates them, and then sells them to income-eligible buyers; and Whereas, the City purchased a duplex at 2021-2023 Taylor Drive, rehabilitated it, and converted it to a 2-unit condominium; and Whereas, the City has received an offer to purchase 2023 Taylor Drive for the principal sum of $155,000; and Whereas, this sale would provide affordable owner-occupied housing; and Whereas, on July 12, 2022, the City Council adopted a Resolution proposing to convey its interest in 2023 Taylor Drive, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and Whereas, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2023 Taylor Drive, Iowa City, Iowa for the sum of$155,000. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 2nd day of August , 2022. :$'441-4— 498v1/4-1— M o Attest: -- ,� /l Oty Clerk -rApproved by • /Z. City Attor y's Office (Sue Dulek- 07/18/2022 Resolution No. 22-193 Page 2 It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas x Weiner Item Number: 12. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT August 2, 2022 Resolution approving project manual and estimate of cost for the construction of the 2022 ADA Curb Ramp Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for this project is $140,000.00 and funds are available in the Curb Ramp — ADA account #S3822 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This project generally includes removal of noncompliant curb ramps to be replaced with ADA compliant curb ramps. Background /Analysis: The locations for the 2022 ADA Curb Ramp Project are based on complaints that have been received and staff evaluation. Locations included in the project are: • Lakeside Drive and Aniston Street • Lakeside Drive and Amber Lane • Washington Street and Amhurst Street • Foster Road and Willenbrock Circle • Martin Street and Willenbrock Circle • Willenbrock Circle and McCleary Lane • McCleary Lane and the alley between Ball Street and Foster Road • Hickory Trail and Evergreen Court Project Timeline: Bid Letting — August 23, 2022 Award Date — September 6, 2022 Construction Start — September 19, 2022 Final Completion — Fall 2022 ATTACHMENTS: Description Resolution Prepared by:Ethan Yoder, Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5145 Resolution No. 22-194 Resolution approving project manual and estimate of cost for the construction of the 2022 ADA Curb Ramp Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Curb Ramps - ADA account#S3822. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 23rd day of August, 2022. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 6th day of September, 2022, or at a special meeting called for that purpose. Passed and approved this end day of August , 2022. 1. M SAA4A- --e — • Approved bz Attest: City lerk City Attor y's Office (Liz Craig — 07/27/2022) Resolution No. 22-194 Page 2 It was moved by Taylor and seconded by Harmsen the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter Bergus X x Harmsen x Taylor x Teague x Thomas x Weiner Item Number: 13. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT August 2, 2022 Resolution approving project manual and estimate of cost for the construction of the Fairchild Street Reconstruction Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Alin Dumachi, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,610,000, available in the Fairchild Street Reconstruction Project account #53965 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: The project generally includes the reconstruction of Fairchild Street between Clinton Street and Linn Street, including the salvage and reinstallation of existing brick pavers as well as new concrete base, drainage system under the road, concrete curb and gutter, water main replacement, and curb ramps to meet ADA compliance. Background /Analysis: Due to severe deterioration of the brick surface of Fairchild Street, from Clinton Street to Linn Street, reconstruction of Fairchild Street was included in the 2021 Capital Improvement Plan. The project includes the following design elements: • Salvage and reinstallation of existing brick pavers • New 7" concrete base • New 6" concrete curb and gutter • New curb ramps at Dubuque/Fairchild and Linn/Fairchild Street intersections to meet ADA compliance • 8" water main replacement between Clinton Street and Dubuque Street, and between Dubuque Street and Linn Street to replace existing 1900's -1920's water main • Replacement of existing storm sewer system, with new storm sewer pipes and intakes The project is expected to begin construction in the fall of 2022 and be completed in the Summer of 2023. ATTACHMENTS: Description Location Map Resolution jolin cxii Johnson County GIS ('"i.' Web Printing Fairchild Street Reconstruction Map Printed: 12/20/2021 0 0.015 0.03 1 1 0.06 1 inch = 147 feet 1 mi The information presented herein is intended to be an accurate representation of existing records. Johnson County assumes no liabiity for errors or omissions. Users relying on this information do so at their own risk. Prepared by:Alin Dumachi,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5143 Resolution No. 22-195 Resolution approving project manual and estimate of cost for the construction of the Fairchild Street Reconstruction Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Fairchild Street Reconstruction account #S3965. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 24th day of August, 2022. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 6th day of September, 2022, or at a special meeting called for that purpose. Passed and approved this 2nd day of August 2022. r (� Approved by Attest: City Jerk City Attorn 's Office (Liz Craig — 07/27/2022) Resolution No. 22-195 Page 2 It was moved by Thomas and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas x Weiner Item Number: 14. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT August 2, 2022 Resolution approving project manual and estimate of cost for the construction of the Scott Blvd Sidewalk Infill Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Alin Dumachi, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $355,000, available in the Scott Blvd Sidewalk I nfill Project account #S3964 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: The project generally includes construction of sidewalk on the east side of Scott Boulevard and around Rita's Ranch Dog Park, new HMA shoulder, reconstructed parking lot with delineated spaces & van accessible parking, new curb ramps at the park trail entrance to meet ADA compliance, and upgraded storm sewer with new intakes and new storm sewer pipes. Background /Analysis: This project constructs approximately 1,400 linear feet of sidewalk connecting Eastbrook Flats to Court Hill Trail along Scott Boulevard, and Rita's Ranch Dog Park to Eastbrook Street. These two segments of sidewalk provide pedestrian and bicycle connections from American Legion Road to Scott Park and Rita's Ranch Dog Park. The Scott Boulevard Sidewalk Infill Project was included in the 2021 Capital Improvement Plan. The project includes the following design elements: • Additional sidewalk on east side of Scott Boulevard and around Rita's Ranch Dog Park • New HMA shoulder • Complete reconstruction of the parking lot, with new HMA surface, delineated parking spaces for 14 cars, and 1 van accessible parking space • New curb ramps at the Scott Park trail entrance to meet ADA compliance • Replacement of existing storm sewer system, with new storm sewer pipes and intakes The project is expected to be completed in the Summer of 2023. ATTACHMENTS: Description Location Map Resolution johavm Johnson County GIS (]Out,ty Web Printing Scott Blvd Sidewalk Infill Printed: 6/30/2022 0 0.0275 0.055 0.11 1 inch = 282 feet mi The information presented herein is intended to be an accurate representation of existing records. Johnson County assumes no liabiity for errors or omissions. Users relying on this nformation do so at their own risk. Prepared by:Alin Dumachi,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5143 Resolution No. 22-196 Resolution approving project manual and estimate of cost for the construction of the Scott Blvd Sidewalk Infill Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Scott Blvd Sidewalk Infill account#S3964. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 24th day of August, 2022. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 6`h day of September, 2022, or at a special meeting called for that purpose. Passed and approved this 2nd day of August , 2022. MatEr A Approved by Attest: t) ' LA, ��- City lerk City Attor ey's Office (Sara Greenwood - Hektoen - 07/27/2022) Resolution No. 22-196 Page 2 It was moved by Weiner and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas x Weiner