Loading...
HomeMy WebLinkAbout2022-11-01 ResolutionItem Number: 5.a. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT November 1, 2022 Resolution authorizing the City Engineer to sign change order #01 to the contract between Boomerang Corp. and the City of Iowa City for extra work on the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project, CIP #: S3950, Contract #: 22-148. Prepared By: Justin Harland, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $227,420 available in the 2022 Rochester Ave Reconst— First Ave. to Ralston Creek account #S3950 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: During construction of the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project, it was discovered by the contractor that there was an error in the earthwork quantities as shown in the contract documents. The error results in the site being unbalanced between cut and fill, resulting in additional material that will be required to be hauled off-site. Because of these changes, staff negotiated Change Order #1 in the amount of $227,420 which modifies the project quantities, unit prices and contract cost. The project scope and the timeline are not impacted by this change. Background /Analysis: As part of the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project, the City will widen and reconstruct the roadway pavement. In order to do so, the existing right-of-way adjacent to the roadway required re -grading to allow for the wider pavement section and planned amenities. The existing roadway profile was also altered to promote stormwater drainage while meeting design standards. Prior to earthwork operations, the Contractor noted that their quantities were not matching up with the earthwork quantities in the plans. The Consultant analyzed the calculations and compared their new numbers to calculations provided by the Contractor, and they agreed the quantity listed in the plans and bid documents were not correct. During the review, two errors were discovered: 1. When the plan quantities were calculated during final design, the Consultant did not use the correct computer automated drafting (CAD) file and did not recognize the error in their quality assurance/quality control review. This led to inaccurate earthwork volumes. 2. During final design, the earthwork quantities behind the curb were not accurately represented in the Consultant's earthwork computer model. This led to additional earthwork quantities being added to the project. These errors occurred during the final design process and the quantity change is significant. The City has determined that the errors affected the overall earthwork balance of the project, and ultimately the unit prices provided during project bidding, and because of this have requested the Consultant share in payment of additional costs, to which the Consultant has agreed. Project Timeline: Construction: Ongoing through Summer 2024 ATTACHMENTS: Description Resolution 1 0110 =PORT 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 — November 1, 2022 — Formal Meeting Information submitted between distribution of packet on Thursday and 4:OOpm on Monday. Late Addition(s): Proclamations 1.a Change Your Clock, Change Your Battery Day — See proclamation. Late Handout(s): Con sent-Ga1enthr 5.a 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue — See revised resolution. 11. Public Measure #1, the 'Keep and Bear Arms Constitutional Amendment' Ballot Referendum — See correspondence from Temple Hiatt, Carol deProsse (x2). Late Handouts Distributed Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5413 Resolution No. { Resolution authorizing the City Engineer to sign change order #01 to the contract between Boomerang Corp. and the City of Iowa City for extra work on the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project, CIP #: S3950, Contract #: 22-148. Whereas, the City entered into a contract on June 30, 2022 with Boomerang Corp. of Anamosa, Iowa; and Whereas, circumstances encountered during the construction of the project necessitated additional work beyond the original scope of the project as specified within the approved project plans and specifications; and Whereas, the original quantity of the Excavation, Class 10 was increased by more than twenty percent due to a calculation error by the contracted design consultant, Snyder & Associates; and Whereas, per Iowa Statewide Urban Design and Specifications Division 1040, 1.06B Boomerang Corp. is justified in their request for a change in unit price for the Excavation, Class 10 item; and Whereas, as a result of these changes in circumstances, staff has negotiated a change order that modifies the project scope and budget necessitating City Council Approval in accordance with the Purchasing Policy; and 5• Whereas, change order #01 has been drafted for the amount of $227, 420.00; and Whereas, it is in the public interest to approve said negotiated change order with Boomerang Corp.; and Whereas, the Finance Director has reviewed the change order; and Whereas, funds for this project are available in the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project account # S3950; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The change order #01 hereto is in the public interest and is approved as to form and content. 2. The City Engineer is hereby authorized and directed to execute the Change order. Passed and approved this day of , 20 Mayor Approved by Resolution No. Page 2 Attest: City Clerk City Attorney's Office Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5413 Resolution No. 90esolution authorizing the City Engineer to sign change order .1 to the contract between Boomerang Corp. and e City of lo"'la, City for extra work on the 2022 Roche er Avenue Reconstruction from Ralston Creek to N First enue Project, CIP #: X950, Contract #: 22-148. / Whereas, the City ent\theo contract on June 30, 2022 wi Boomerang Corp. of Anamosa, Iowa; and Whereas, circumstanntered during the co struction of the project necessitated additional work beyonal scope of the proje as specified within the approved project plans and specificatio Whereas, the original quantity of tN Excavatio , Class 10 was increased by more than twenty percent due to a calculation error by tN contra ed design consultant, Snyder & Associates; and Whereas, per Iowa Statewide Urban Desl and Specifications Division 1040, 1.06B Boomerang Corp. is justified in their request for a cha in unit price for the Excavation, Class 10 item; and Whereas, as a result of these change In circum tances, staff has negotiated a change order that modifies the project scope and b7een necessitate City Council Approval in accordance with the Purchasing Policy; and Whereas, change order #01 ha drafted for th%am ntof $227, 420.00; and Whereas, it is in the/Diector terest to approve said negot ted change order with Boomerang Corp.; and Whereas, the Financhas reviewed the change order;anWhereas, funds for tt are available in the 2022 Rochester venue Reconstruction from Ralston Creek to N Fe Project account # S3950; and Now, therefore, beA resolved by the City Council of the City of Iowa City, I6wa that 1. The cha ge order #01 hereto is in the public interest and is appro\atthed orm and content. 2. The Ity Engineer is hereby authorized and directed to execute thChange order. Passed and approved this day of Mayor ,20 Approved by 5OL- Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5413 Resolution No. 22-271 Resolution authorizing the City Engineer to sign change order #01 to the contract between Boomerang Corp. and the City of Iowa City for extra work on the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project, CIP #: S3950, Contract #: 22-148. Whereas, the City entered into a contract on June 30, 2022 with Boomerang Corp. of Anamosa, Iowa; and Whereas, circumstances encountered during the construction of the project necessitated additional work beyond the original scope of the project as specified within the approved project plans and specifications; and Whereas, the original quantity of the Excavation, Class 10 was increased by more than twenty percent due to a calculation error by the contracted design consultant, Snyder & Associates; and Whereas, per Iowa Statewide Urban Design and Specifications Division 1040, 1.06B Boomerang Corp. is justified in their request for a change in unit price for the Excavation, Class 10 item; and Whereas, as a result of these changes in circumstances, staff has negotiated a change order that modifies the project scope and budget necessitating City Council Approval in accordance with the Purchasing Policy; and Whereas, change order #01 has been drafted for the amount of $227, 420.00; and Whereas, it is in the public interest to approve said negotiated change order with Boomerang Corp.; and Whereas, the Finance Director has reviewed the change order; and Whereas, funds for this project are available in the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project account # S3950; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The change order #01 hereto is in the public interest and is approved as to form and content. 2. The City Engineer is hereby authorized and directed to execute the Change order. Passed and approved this 1st day of November 2022 Ma o Approved by Resolution No. 22-271 Page 2 Attest: 1 City Clerk City Attorney's Office Resolution No. 22-271 Page 3 It was moved by Weiner_ and seconded by Bergus 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: 5.b. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT November 1, 2022 Resolution amending the Administrative and Confidential pay plan by deleting the position of Airport Manager position from grade 23 and adding it to grade 27. Prepared By: Jennifer L. Schwickerath Reviewed By: Judy Pfohl, Airport Commission Chair Rachel Kilburg, Assistant City Manager Fiscal Impact: The estimated increased cost for Fiscal Year 2023 is $6,939.00 and for Fiscal Year 2024 is $12,346.00. It is anticipated that increased hangar rents will be sufficient to cover any pay increases. (To date, the Airport Commission has not authorized any increase in pay.) Recommendations: Staff: No Recommendation Commission: The Airport Commission unanimously moved at the October 13, 2022 commission meeting to recommend reclassifying the Airport Manager position in the Administrative and Confidential Pay Plan from grade 23 to grade 27. Attachments: Airport Manager Job Description Draft October 13, 2022 Airport Commission Meeting Minutes Resolution Executive Summary: Background /Analysis: The staff position for the airport has undergone changes since the Airport Manager position was last classified at pay grade 27 in 2004. In 2004, the Airport Manager's contract was terminated, which began a period of transition and restructuring of the staff position at the airport. During the transition and restructuring period, the airport was managed by the Commission with contracted outside assistance. In February 2005, the Commission hired two interns to assist with the management as well. In October 2005, the Commission determined the appropriate permanent staff person for the airport would be an Airport Operations Specialist at 60% time at pay grade 23. This recommendation was made to City Council and approved. The Airport Operations Specialist position was filled in 2006. The Airport Operations Specialist managed the airport with contracted outside assistance. The airport permanent staff position has been restructured since 2006. Initially, the position increased from 60% time to 75% time and ultimately to full time. The increases in time were accompanied with increased duties and responsibilities and decreased outside assistance. In recognition of the increased duties and responsibilities, the Airport Commission changed the title from Airport Operations Specialist to Airport Manager on February 13, 2020. This was followed by a review and update of the job description of the Airport Manager position to more accurately reflect the current duties and responsibilities of the position. The Airport Commission approved an updated job description for the Airport Manager position on September 8, 2022. After updating the job description, the Airport Commission reviewed the pay grade, which included comparing the position to other City positions and scoring by City Human Resources. The duties and responsibilities of the updated job description were comparable to those of positions in grade 27, and the position scored at grade 27. The Airport Commission moved to recommend to City Council a pay grade increase for the position on October 13, 2022. ATTACHMENTS: Description Airport Manager Job Description Draft October 13, 2022 Airport Commission Meeting Minutes Resolution FLSA Exempt Non -Civil Service Identification Position Title: Airport Manager Department: Airport Division: Airport Supervisor: Airport Commission Chair Job Summary Plans, directs, and coordinates the short and long range vision of aviation and non -aviation development as set forth by the Iowa City Airport Commission. Compiles and manages the Operating and Capital Improvement Program budgets; applies for and monitors airport grants and coordinates project work with consultants, tenants, and City departments; Job Scope Responsible for planning and directing the management, operations, development, and maintenance of the airport. Reports directly to the Airport Commission. Supervision Received Works under the general supervision and policy direction of the Airport Commission, and reports to and is hired by the Commission Essential Job Duties and Responsibilities Advises and confers with Airport Commission concerning operating conditions and needs. Serves as staff contact for Airport Commission, Airport Zoning Commission, and Airport Zoning Board of Adjustment Creates agendas and meeting information packets for assigned Boards & Commissions Advises and recommends policy and/or operational matters to the Airport Commission, including public relations activities associated with the Airport. Attends professional meetings, seminars, and workshops to stay abreast of new trends, legislation and innovation related to the industry Represents Airport at City Department Head, Budget, Council, and other meetings as necessary. Prepares and presents capital and operating budget to Commission, City Administrator, and City Council Develops relationships and serves as liaison between the Airport Commission, other city departments, representative of county, state, and federal agencies, private aircraft operators, and the Fixed Base Operator. Oversees and coordinates all airport activities including customer service, hangar facility leases/rentals. Administers and Facilitates leases, contracts and agreements with users of the facilities. Ensures safe and efficient operation of the airport in compliance with the Federal Aviation Administration (FAA) regulations. Provides oversight of all applicable federal, state and local regulations as well as airport policies and procedures. Researches and applies for local, state, and federal funding, monitors their reimbursements and related reports. Directs and monitors consultants regarding project scope, schedule, budget, development of design and construction documents, bid evaluation, construction contract preparation and technical support during construction. Conducts self in a manner which promotes and supports diversity and inclusivity in the workplace and community. Performs all other related duties as assigned. Physical and Environmental Conditions The physical demands and work environment conditions described here are representative of those that must be met by employee to successfully perform the essential functions of this job and are encountered while performing those essential functions. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. * The noise level in the work environment is usually moderate but may be loud at times. * Regularly required to walk around airport facilities, sit for long periods, talk and hear; Specific vision abilities are required by this job to include but not limited to close vision * When working in outside weather, will routinely stand for prolonged periods of time, stoop, kneel, bend, climb, or crouch to reach items and maneuver uneven or outdoor terrain, and drive some machinery. * May be exposed to moving mechanical parts, fumes or airborne particles, vibrations and outside elements including extreme cold, heat, wind, wet, or humid conditions. * This is a full-time exempt position requiring periodic evening and weekend duties. Minimum Education, Experience and Certification * Bachelor's degree in airport administration related field from an educational institution accredited by a Department of Education recognized accreditation body and 3 years aviation management experience, or equivalent experience. * Must pass criminal background check. * Driver's license with satisfactory driving record — must be at least 18 years of age per Iowa Code 92.8. Preferred Education, Experience and Certification * Pilots license * Certified Member (CM) designee from the American Association of Airport Executives (AAAE) or ability to achieve in 12-24 months * Commercial Driver's License (CDL) Class B w/ Air Brake endorsement Knowledge, Skills, and Abilities * Extensive knowledge of airport/aviation operations. * Thorough knowledge of State and Federal Laws affecting local municipalities and airports including FAA and Transportation Security Administration rules and regulations. * Excellent organizational and time management skills with the ability to manage projects and project teams that includes a variety of stakeholders. * Working knowledge of contract and financial management and budget administration. * Excellent oral and written communication skills including the ability to make public presentations and prepare comprehensive reports, and meeting minutes. * Ability to read and understand technical manuals and other documentation as they relate to airport projects and finances. * Exercises good judgement, independently makes decisions, organizes plans and prioritize work. * Proficient with Microsoft Office Suite, digital communication, and social media applications MINUTES DRAFT IOWA CITY AIRPORT COMMISSION October 13, 2022 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Warren Bishop, Scott Clair (via Zoom), Judy Pfohl, Hellecktra Orozco, Chris Lawrence Members Absent: Staff Present: Michael Tharp, Jennifer Schwickerath, Others Present: Matt Wolford, Carl Byers, Kitzy Lemke, Regenia Bailey RECOMMENDATIONS TO COUNCIL: Reclassify Airport Manager from Pay Grade 23 to Pay Grade 27 DETERMINE QUORUM A quorum was determined at 6:01 pm and Pfohl called the meeting to order. APPROVAL OF MINUTES Bishop moved to accept the minutes of September 8, 2022, seconded by Orozco. Motion carried 3-0 (Lawrence abstain, Clair absent) PUBLIC COMMENT Byers introduced Kitzy Lemke who has been working for Bolton & Menk as a project manager and has been at IOW inspecting work on the runway threshold changes. ITEMS FOR DISCUSSION / ACTION a. Consider a resolution approving agreement with Bailey Leadership Initiative LLC — Tharp stated that there were a couple of changes from the contract in the packet. Tharp noted that they deleted the insurance requirements, something that was previously done. Tharp also noted a change in the indemnity language that was taken from the 2018 contract. Both of those changes were reflective of the project being less of physical construction project and instead a planning process contract. Bishop moved the resolution #A22-28, seconded by Lawrence. Motion carried 5-0 b. Airport Strategic Plan — Tharp introduced Regenia Bailey owner of Bailey Leadership Initiative. Tharp stated Bailey was a former City Council member, and City Mayor, and that she was the facilitator for the last strategic plan which is why he reached out to her again for this update. Tharp noted that tonight they wanted to talk about the survey process and the survey questions. Bailey and Tharp shared the previous plan's survey questions and stated the plan was to use the same Airport Commission October 13, 2022 Page 2 of 5 questions but also there's still opportunity to ask additional questions. Members asked about how the surveys were delivered. Bailey noted they were previously delivered through a city press release, social media links, and word of mouth. Members discussed the options of having print surveys in the terminal. Lawrence suggested something with a QR code for access. Bishop asked about including pilot specific questions. Members continued to discuss the numbers of questions and having questions if certain conditions exist, such as a survey taker indicating they're a pilot. Members continued to discuss questions and resolved to add a question for services at the airport. Bailey stated that she would finalize the survey and send it to Tharp so that he could share it as well as send out the notices of it. c. Airport Construction Projects: i. FAA grant projects 1. Runway 25 Threshold Relocation — Tharp mentioned that he's sent out some emails over the last week with schedule updates. Tharp noted that due to some equipment breakdowns the contractor was planning on working through the weekend. Monday, instead of two small intersection closures, they were anticipating a single larger closure. Tharp stated as the runway getting finished he hoped some limited access was possible. Tharp stated they were last scheduled for flight check on October 24th. Lawrence asked about the procedure publication. Tharp noted the procedure will be published on November 31 2. Runway 12/30 Displaced Threshold/Relocation — Tharp stated they received the go -letter from the FAA for this project and Bolton & Menk were working the task order. Wolford asked about the project scope. Tharp stated the project called for the remarking of 12 with a 500 foot displaced threshold and the addition of 300 feet of pavement at the 30 end. ii. Iowa DOT grant projects 1. FY22 Program a. South T -hangar infrastructure — Tharp noted this is still a spring time project, but its on the agenda because its an active project. Bishop asked about hangar development. Tharp noted he doesn't have anything solid, but has had a number of nibbles. Tharp stated that he mentions the project whenever he gets calls for hangar space. 2. FY23 Program — a. Terminal Building Improvements Tharp stated they had received the signed grant agreements back from the state and needed to get task orders from Bolton & Menk b. Wayfinding/Signage iii. Airport/Locally Funded Projects 1. Parking Lot Additions — Tharp stated that the project has started and they were looking to get that completed in the near future 2. Hangar A Mural Project — Tharp stated that Wendy Ford had taken the RFQ to the Public Art Advisory Committee for approval earlier in the day. He noted the RFQ had a submittal date of November 14th iv. Future Projects Airport Commission October 13, 2022 Page 3 of 5 1. Terminal Area Study — Tharp stated they need to do a consultant selection process for this project since they were using federal funds. Tharp discussed the RFQ stating the FAA has certain language that is required in the document and nothing that FAA does review them and gives their ok confirming those projects would be eligible for funds. Tharp noted the difference in the documents was with the terminal building and the large construction project item would be included in their future 5 -year RFQ. a. Consultant RFQ - 2. Solar Power/Panel — a. Consultant RFQ — Tharp stated that as part of this project they were looking at including the University research building and Jet Air building into the plan again as now they're looking at purchasing the system outright. d. Airport "Operations" i. Budget 1. Consider a motion approving FY24 budget submittal — Tharp stated that after the subcommittee met he had gone back to Finance to confirm numbers based on the recommendation and they came back well above what he had estimated. He stated that the budget will still continue to show a surplus and then next month the Commission can discuss the payroll changes at their November meeting. Lawrence moved to approve the FY2024 budget proposal, seconded by Bishop. Motion carried 5- 0 ii. Management Members discussed the recommendation of the payroll grade change. Schwickerath stated that the process for the pay grade change was something that the Council would consider and stated that waiting until the Council had made those changes then the Commission could change the pay within the grade. 1. Airport Manager Position — Pfohl moved to recommend to City Council to reclassify the pay grade of the Airport Manager position to grade 27, seconded by Bishop. Motion carried 5-0 iii. Events Tharp stated that he deleted the categories because they were done for the winter. Tharp noted the only thing planned for 2023 was the pancake breakfast. Lawrence asked about the autocross and Tharp responded. e. FBO / Flight Training Reports — i. Jet Air — Wolford noted he didn't print the maintenance reports, and didn't see them in the packet. He noted that right now it was mostly picking up garbage and getting ready for winter. Wolford noted that with the closure they've had their jets at Cedar Rapids while the runway closure has been active. He noted fuel prices had started to come down but then were going back up. Wolford announced that Jet Air had purchased Cobb Aviation in Macomb, Illinois and they were working continuing to get through that transition. f. Commission Members' Reports — none Airport Commission October 13, 2022 Page 4 of 5 g. Staff Report none SET NEXT REGULAR MEETING The next meeting is scheduled for 6:00 pm, November 10, 2022, at the Airport. Claire noted he would be absent, and Lawrence noted he would be calling in. ADJOURN Bishop moved to adjourn, seconded by Lawrence. Motion carried 5-0. Meeting was adjourned at 7:00pm. CHAIRPERSON DATE Airport Commission October 13, 2022 Page 5 of 5 Airport Commission ATTENDANCE RECORD 2021-2022 Key. X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time X/S = Present for subcommittee meeting O/S = Absent, not a member of the subcommittee TERM O 00 O W O N O j s N -z O W O O L" O 00 O v O c0 o 00 o O O N W 00 W WO N N N O P. O c0 W NAME EXP. N N N N N N N N K) N N N N N N N N N N N N N N N N N N N Warren 06/30/22 Bishop X X X X X X X X X X X X X O/S X X X Scott Clair 06/30/23 X X X O/E X X X X X X X X X X/S X X X Christopher 06/30/25 X X X O/E X X X X X O/E X X X O/S X O/E X Lawrence Hellecktra 06/30/24 X X X X X X X X X X X X X X/S X O/E X Orozco Judy Pfohl 06/30/22 X X X X X X X X X X X X X X/S X X X Key. X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time X/S = Present for subcommittee meeting O/S = Absent, not a member of the subcommittee Prepared by: Jennifer L. Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 22-272 Resolution amending the Administrative and Confidential pay plan by deleting the position of Airport Manager from grade 23 and adding it to grade 27. Whereas, Resolution No. 21-112, adopted by the City Council on May 4, 2021 established the current Administrative and Confidential pay plan; and Whereas, the Airport Commission reviewed and updated the job description for the Airport Manager position to more accurately represent the role and responsibilities of the position; and Whereas, the Airport Commission reviewed the duties and requirements of the Airport Manager Position and determined that they are comparable to those of positions in pay grade 27 of the Administrative and Confidential pay plan; and Whereas, the Airport Commission recommends amending the Administrative and Confidential pay plan by deleting the position of Airport Manager from grade 23 and adding it to grade 27; Now therefore be it resolved by the City Council of the City of Iowa City, Iowa that: The Administrative and Confidential pay plan be amended by: 1. Deleting the position of Airport Manager from grade 23. 2. Adding the position of Airport Manager to grade 27. Passed and approved this 1st day of November , 20 22 Approved by Attest: if i ..CdC6'-�- r- CityClerk ) City Attorney' ffice (Jennifer Schwickerath - 10/27/2022) It was moved by Weiner and upon roll call there were: AYES: 5,6 and seconded by Bergus the Resolution be adopted, NAYS: ABSENT: Alter Bergus Harmsen Taylor Teague Thomas Weiner Item Number: 5.c. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT November 1, 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 Shive-Hattery, Inc. of Iowa City, Iowa to provide engineering consultant services for the Sturgis Ferry Park Improvements and Southside Recycling Center 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: $108,000.00 available in the South Side Recycling Site Project, Account #L3334 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Attachment A Executive Summary: This agenda item approves the consultant agreement with Shive-Hattery, Inc. of Iowa City, Iowa for the preliminary design, final design, permitting, preparation of a project manual for bidding, bidding assistance, and construction services for the Sturgis Ferry Park Improvements and Southside Recycling Center Project. The project will include an area to provide recycling bins and a cardboard compactor, as well as new park amenities that include a park pavilion, paved access, and paved parking lot. Background /Analysis: This project includes new amenities for the Sturgis Ferry Park at 1700 South Riverside Drive. New amenities will include a small shelter, paved access to the park and boat ramp, and a paved parking lot. These amenities will promote use of the boat ramp for canoeing, kayaking, and other river recreational uses. The proposed parking lot will have five recycling bins and a cardboard compactor. The bins currently at 1200 South Riverside Drive are planned to be moved to this location. The shared use of this space will enhance park use and provide a location for the Southside Recycling Center. The design will take into account future uses of the City properties (1200, 1300, and 1700 South Riverside Drive), future expansion of the multiuse trail network, and future expansion of the recycling center operations. ATTACHMENTS: Description Resolution Agreement Attachment A r,C Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, IA 52240, (319) 356-5144 Resolution No. 22-273 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 Shive-Hattery, Inc. of Iowa City, Iowa to provide engineering consultant services for the Sturgis Ferry Park Improvements and Southside Recycling Center Project Whereas, the City desires to construct new park amenities, including a park pavilion, paved access, and paved parking lot for use and access at Sturgis Ferry Park, located at 1700 South Riverside Drive; and Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary design, final design, permitting, preparation of a project manual for bidding, bidding assistance, and constructions services for the construction of new park amenities and associated improvements; 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, fees and rates; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Shive- Hattery, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Shive-Hattery, Inc.; and Whereas, funds for this project are available in the South Side Recycling Site Project, Account L3334; 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. 92 -?73 Page 2 Passed and approved this 1st day of November , 2022 r Approved by �) Attest: City lerk It was moved by Weiner adopted, and upon roll call there were: Ayes: /'Office City Attorne — 10/27/2022 and seconded by Bergus the Resolution be Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Consultant Agreement This agreement, made and entered into this 1st day of November , 2022 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires to construct new park amenities, including a park pavilion, paved access, and paved parking lot for use and access at Sturgis Ferry Park, located at 1700 South Riverside Drive; and Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary design, final design, permitting, preparation of a project manual for bidding, bidding assistance, and constructions services for the construction of new park amenities and associated improvements; 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, fees and rates; and Whereas, funds are available in the South Side Recycling Site Project, Account L3334; and Therefore, it is agreed by and between the parties hereto that the City now contracts 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. Project Description: This project will consist of design development and construction document development for Sturgis Ferry Park Improvements, including: • Site Layout o Design for PCC pavement for boat ramp access o Design for parking at boat access o Design for PCC Pavement for public access of future recycling containers o Layout and location of prefabricated park shelter o Layout location and access accommodations for future recycling bins, including; (5) recycling containers and (1) cardboard compactor container • General site grading and shaping o The site is to be regraded based on pavement needs -2 - Park Shelter Structure o Site location for City selected (prefabricated) park pavilion. o The pavilion model will be based on current City -supplied models used at other park locations. o Complete construction documents for shelter, including; Structural design and shelter footings to be provided by park shelter supplier. • Site Electrical o Site electrical to support (1) cardboard compactor o No lighting for the park pavilion or general site lighting is included. Design Development Documents A. Site Investigation Services Land Survey Services: Topographic & Boundary Survey: The Consultant shall perform a topographic and boundary survey of the project site. The survey shall be completed with total station equipment and used as a base map for project design. The survey will also include establishing control point monuments along the project corridor. This task includes boundary investigation and survey. The survey will use the Iowa State Plane South Coordinate System. The survey area includes approximately 8 acres including areas to south property line, and limits to the north based on a projected line east of Iowa City runway. Basemap: The Consultant shall prepare a base map to facilitate the project's design to encompass the site. The prepared base map will include existing topography features, right-of-way and easement lines, buried utilities based upon field locates, and above -ground surface features. Utility Investigation: The Consultant shall assist with incorporating existing utilities to provide horizontal location only by Iowa One Call and obtain map and field locates for public and private utilities, including coordination with the City to provide a representation of public water, storm sewer, sanitary sewer, or other utilities during this phase. Coordination with MidAmerican Energy to determine power feed location near the site. B. City Review Meetings CONSULTANT will attend one (1) kick-off meeting, (2) concept review meetings, and (1) review meeting with the City for each phase of plan development, including; Preliminary, Intermediate, and Final Plan Development Phases. A total of six (6) meetings are in this scope during design. All meetings are to be in person or virtual based on City discretion. C. Concept Design Design at the concept level will include: (3) concept layouts for the site -3- • Concept pavement layout for parking lot and recycling bin layout • Concept layout for a park pavilion • The layout will include an optional future layout for buildings similar in size to the Eastside Recycling Center. The layout will be provided as a part of the concepts and based on options for the parking area and drive lane access adjacent to the boat ramp • Landscaping buffer between parking areas D. Preliminary Design Design at the preliminary level will include: Site Pavement Review of truck turn movement for landfill truck access. Pavement to accommodate truck access only for recycling center needs, including accommodations for recycling bins at 1700 South Riverside Drive. Gravel parking will be replaced up to the boat ramp and include an extension for the parking lot and ramp access. Partial replacement of the existing boat ramp may be required only as needed to match to proposed surface elevations of access and parking lot, however full replacement is not planned. Entrance Apron from Riverside Drive Review the current use and traffic circulation at 1700 Riverside Drive to determine the layout of the driveway and facilities, including the impact on existing use by nearby park users. Sidewalk accommodations Include a partial sidewalk layout along the east right of way of Riverside Drive and pavement through the driveway apron crossing only. The sidewalk layout will be incorporated into the site plan design based on the current lot boundary. Storm drainage Sheet flow is assumed to be from the west to the east No storm intakes or piping is planned or will be designed for this project City to provide a storm drainage system along Riverside to verify no storm pipe projects through the site. Airport Runway Building Restrictions The design will include a review of the Federal Aviation Administration (FAA) and local code restrictions for building and construction within the approaches for Iowa City Airport Runways. Site Electrical Design The project will include the design of new power accommodations for a cardboard compactor at the property. The design should include power from the right of way to the compactor. It will not include a design for extending power within the right of way from MidAmerican Energy's electric distribution line. MidAmerican Energy will need to install an electric distribution feed to provide power to the site. Site Landscaping and Sign Design The project design will provide a separation buffer between recycling center parking and boat ramp parking. The design does not include an overall landscaping plan for the site. The design will also include signage to direct users to boat ramp parking and recycling center parking. Park Pavilion Pavement and Footings The design will include details for a park pavilion pavement slab and elevations for the top of the footings for the pavilion. The design will not include structural for shelter or shelter footings. The plans will include incorporating predesigned pavilion model/style information for bidding. The pavilion supplier will provide the design for the pavilion structure and footings. Design Sheet Criteria The following sheets in the Preliminary Plans to include: o Cover and General Information (A Sheets) o Typical Cross Sections and Details (B Sheets) o Estimate of Quantities Tab (C Sheets) o Plan Layout (D Sheets) o Site Electrical Plan (E Sheets) o Right of Way Plan (H Sheets) o Traffic Control Plan (J Sheets) o Site Preparation and Demolition (R Sheets) Opinion of Probable Construction Cost: The Consultant shall prepare an opinion of the probable construction cost for the Project. Cost estimates are based on significant project elements and recent bid information. Detailed quantity takeoffs will not be included in the preliminary design cost estimate. Preliminary Design Deliverables: o Electronic set of Preliminary Plans (full -scaled, 11 x17 sheets) o Preliminary Cost Opinion o Surface drainage flows summarized with a site diagram Construction Document Development E. Check Plans After receipt of review comments from the City based on preliminary plans, the Consultant will proceed with the development of Check Plans. Design Sheet Criteria: The following sheets in the Check Plans to include: o Cover and General Information (A Sheets) o Typical Cross Sections and Details (B Sheets) o Estimate of Quantities and Estimate Reference Information (C Sheets) o Utility Contacts and General Information (C Sheets) -5- o Site Layout Plan (D Sheets) o Site Electrical Plans (E Sheets) o Alignment Data and Control (G Sheets) o Right of Way Plan (H Sheets) o Traffic Control and Staging and Detour (J Sheets) o Intersection and Driveway Details (K Sheets) o Jointing Plan (L Sheets) o Landscaping and Signage Sheets (LS Sheets) o Pavement Marking and Signage (N Sheets) o Site Preparation and Demolition Plan (R Sheets) o Pavilion Structure (S Sheets) o Erosion Control Plan (T Sheets) Incorporate Comments from Preliminary Plan Review: The Consultant will respond to comments resulting from the City's Preliminary plan review. Recommended modifications will be incorporated into the plan set. Opinion of Probable Construction Cost: The Consultant shall prepare an opinion of probable construction costs for the project and provide a comparison to the existing budget. Any funding shortfalls will be discussed to agree on how the budget or design will be revised for the project to remain within the available budget. Hydraulic Shadow Analysis After site and building locations have been established, the Consultant will complete a HEC -RAS analysis of the impacts of buildings on site to river hydraulics. Quality Control — Plan Set: The Consultant shall perform a quality control review of the check plan set for technical accuracy, including general constructability and conformance with the project design criteria. Check Plan Deliverables: o Electronic set of Check Plans (full -scaled, 11 x17 sheets) o An electronic copy of the City's preliminary review design comments with the Consultant's responses o Cost Opinion o Draft Special Provisions and Project Manual (using the City provided template) Permit Applications Floodplain Development Permit Application The process includes the development of a Corps of Engineers joint permit application for land disturbance and placement of fill within the Iowa River Floodplain. NPDES Permit Application The process includes developing a stormwater discharge permit for disturbance of site construction. Permit applications and publications are included in this scope. IM G. Final Plans After authorization from the City, the Consultant shall proceed with the development of final plans. Incorporate Comments from Check Plan Review: The Consultant will respond to comments resulting from the City's plan review. Recommended modifications will be incorporated into the final plan set. Design Sheet Criteria: The following sheets in the Final Plans to include: o Cover and General Information (A Sheets) o Typical Cross Sections and Details (B Sheets) o Estimate of Quantities and Estimate Reference Information (C Sheets) o Utility Contacts and General Information (C Sheets) o Site Layout Plan (D Sheets) o Site Electrical Plans (E Sheets) o Alignment Data and Control (G Sheets) o Right of Way Plan (H Sheets) o Traffic Control and Staging and Detour (J Sheets) o Intersection and Driveway Details (K Sheets) o Jointing Plan (L Sheets) o Landscaping and Signage Sheets (LS Sheets) o Pavement Marking and Signage (N Sheets) o Site Preparation and Demolition Plan (R Sheets) o Pavilion Structure (S Sheets) o Erosion Control Plan (T Sheets) Opinion of Probable Construction Cost: The Consultant shall prepare an opinion of probable construction costs for the project. Final Plan Deliverables: o Electronic set of Final Plan Documents o An electronic copy of City's check plan design comments and Consultant's responses o Cost opinion o Special provisions and pavilion Specs and Special Provisions o Project Manual o Iowa DNR NPDES permit application o Consultant to pay permit fees directly and invoice City for reimbursement o Flood Plain Development Application o Hydraulic Analysis Quality Control — Plan Set: The Consultant will perform a quality control review of the final plan set for technical accuracy, including general constructability and conformance with the project design criteria. -7- H. Bidding and Construction Services Letting Services: The Consultant will respond to questions during the letting process, prepare a Notice of Public Hearing and Notice to Bidders, provide plan clarification and issue required addenda. The Consultant will attend a Pre -Construction Meeting facilitated by the City. The Consultant will assist the City with the agenda and prepare the meeting minutes. The consultant will review shop drawings and submittals provided by the Contractor through Info Tech Doc Express. Construction Meetings: The consultant will be available to attend up to three (3) construction meetings as requested by the City during the construction. Additional Services The following items are not included in this scope of services. However, they may be added as an amendment at a later date. In no event shall these additional services be performed, however, without prior written authorization in the form of an amendment hereto. Environmental Review ($6,500) Site investigation will include wetland delineation and bat habitat review. This scope is included based on site aerial showing significant tree cover along the east side of the property. Also, areas on-site appear to include potential wetland areas in isolated ditch areas. A property wetland delineation and bat habitat survey could be included in the design phase of project development. II. Time of Completion Consultant shall perform the above-described Scope of Services in a timely manner in accordance with the schedule shown: Milestone / Task Deadline City Council Approval 11/07/22 Project Kickoff Meeting 11/11/22 Complete Boundary and Field Services Survey 12/02/23 Complete Concept Layout 12/02/22 - 12/30/22 Complete Preliminary Design 1/20/23 City Preliminary Plan Review Meeting 1/27/23 Complete Check Plan Documents 2/24/23 City Check Plan Review Meeting 3/10/23 Complete Final Construction Documents 4/14/23 City Final Construction Document Review Meeting 4/21/23 Council Meeting -Set Public Hearing for 5/16/23 5/02/23 Council Meeting -Public Hearing, Approve Plans 5/16/23 Advertise 5/17/23 Bid Letting 6/14/23 Council Award Project 6/20/23 Begin Project Construction 7/10/23 M III. Compensation for Services: The City shall pay the Consultant an hourly not -to -exceed fee of One Hundred Eight Thousand Dollars ($108,000) based upon the Consultant Fee Schedule shown on ATTACHMENT A, attached hereto and incorporated herein. This fee includes a $1,500 allowance for reimbursable expenses, as described in Attachment A. The table below provides an estimated budget summary. Description Amount Land Survey Services $14,000 Permit Applications $7,500 City Review Meetings $5,500 Concept Layout Documents $8,500 Preliminary Documents $20,500 Intermediate Documents $23,000 Final Documents $22,000 Construction Administration $5,500 Expenses $1,500 Total Not -To -Exceed Fee $108,000 -10 - 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. i. 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. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. b. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "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. d. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. e. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. f. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. g. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. h. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. i. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. -11 - The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. k. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 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 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 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, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 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. iii. 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. iv. 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 -12 - City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. p. Insurance 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. 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 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. ii. 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. iii. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. iv. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. 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 -13 - 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 C' By: � Title: Mayor Date: 11/01/2022 Attest: 1-� 1-)::&w_cL, J For the Consultant 12 Tit DE Appro by: City Attorney's Office Date For the City By: Title: Date: Attes, -13 - 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 Con§ultant-% By: Title: Prosect Manager Date: 11-01-22 Approved by: City Attorney's Offic D A#ttdimm4- A STANDARD HOURLY FEE SCHEDULE Effective July 2, 2022 to December 31, 2022 PROFESSIONAL STAFF: TECHNICAL STAFF: Grade 1 $100.00 Grade 1 $ 70.00 Grade 2 $120.00 Grade 2 $ 86.00 Grade 3 $133.00 Grade 3 $ 98.00 Grade 4 $149.00 Grade 4 $106.00 Grade 5 $166.00 Grade 5 $119.00 Grade 6 $179.00 Grade 6 $136.00 Grade 7 $195.00 Grade 7 $152.00 Grade 8 $213.00 Grade 9 $232.00 ADMIN STAFF: $ 69.00 SURVEY STAFF: One Person $152.00 Two Person $236.00 One Person with ATV $177.00 Two Person with ATV $261.00 Drone Surveyor (Video or Photogrammetry) $188.00 Drone Surveyor (Thermography) $347.00 Drone Processing $140.00 Hydrographic Survey Crew (Two Person) $302.00 Scanning Surveyor $195.00 Surveyor with Two Scanners $275.00 Surveyor with Three Scanners $355.00 Ground Penetrating Radar $155.00 REIMBURSABLE EXPENSES: TRAVEL IN-HOUSE SERVICES Mileage- Car/Truck $0.62/ Mile Prints/Plots: Mileage- Survey Trucks $0.72/ Mile Bond $ .30/Sq. Ft. Lodging, Meals Cost + 10% Mylar $ .75/Sq. Ft. Airfare Cost + 10% Photogloss $ .90/Sq. Ft. Car Rental Cost + 10% Color Bond $ .60/Sq. Ft. Foam Core Mounting $ 13.00 OUTSIDE SERVICES Aerial Photogrammetry Cost + 10% Color Prints: Professional Services Cost + 10% Letter Size $ 1.00 Prints/Plots/Photos Cost + 10% Legal Size $ 2.00 Deliveries Cost + 10% This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. REIMBURSABLE EXPENSE FEE SCHEDULE Effective July 2, 2022 - December 31, 2022 EXP N fF TRAVEL Cost + 10% Mileage- Car/Truck $0.62/ Mile Mileage- Survey Truck $0.72/ Mile Lodging, Meals Cost + 10% Airfare Cost + 10% Car Rental Cost + 10% OUTSIDE SERVICES Computer Services Cost + 10% Aerial Photogrammetry Cost + 10% Professional Services Cost + 10% Prints/Plots/Photos Cost + 10% Deliveries Cost + 10% IN-HOUSE SERVICES Drawings/Prints/Plots: Bond $ .30 /Sq.Ft. Mylar $ .75 /Sq.Ft. Photogloss $ .90 /Sq.Ft. Color Bond $ .60 /Sq.Ft. Foam Core Mounting $13.00 Color Prints: Letter Size $1.00 Legal and 1107 $2.00 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. Item Number: 5.d. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT November 1, 2022 Resolution accepting the work for the Animal Care and Adoption Center Catio Project. Prepared By: Marri VanDyke, Civil 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: The Animal Care and Adoption Center Catio Project has been completed by The Henley Group, LLC of Muscatine, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file in the City Engineer's office. • Project Estimated Cost: $ 36,000.00 • Project Bid Received: $ 67,500.00 • Project Actual Cost: $ 70,372.00 The project included one (1) change order for bench modifications and the addition of steel angles to address cat safety. Background /Analysis: The City received private donations to be used towards the construction of an enclosed patio addition to the Iowa City Animal Care and Adoption Center. The purpose of the patio is to enrich the environment of cats staying at the shelter, and to provide a space for visitors to watch and play with the cats. The project included removal of an existing window and installation of a concrete slab, galvanized steel columns, galvanized steel mesh, corrugated metal roof, cat door, aluminum storefront door, galvanized metal gutter, a hanging bench and outdoor lighting. ATTACHMENTS: Description Engineer's Report Resolution � r 'qui, rWprme®i CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX ENGINEER'S REPORT www.icgov.org October 19, 2022 City Clerk Iowa City, Iowa RE: Animal Care and Adoption Center Catio Project Dear City Clerk: I hereby certify that the Animal Care and Adoption Center Catio Project has been completed by The Henley Group, LLC, of Muscatine, Iowa, in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc. The project was bid as a lump sum contract and the final contract price is $70,372.00. There was a total of one (1) change order for the project as described below: 1) Bench modifications and added steel angles for cat $2,872.00 safety recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Marri VanDyke, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 22-274 Resolution accepting the work for the Animal Care and Adoption Center Catio Project Whereas, the Engineering Division has recommended that the work for construction of the Animal Care and Adoption Center Catio Project, as included in a contract between the City of Iowa City and The Henley Group, LLC of Muscatine, Iowa, dated April 26, 2022, 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 Animal Shelter Catio account # Y4448; and Whereas, the final contract price is $70,372.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of November yo Attest: 1), City lerk 2022 Approved by G . City Attorn 's Office (Liz Craig - 10/27/2022) It was moved by Weiner and seconded by BergitG the Resolution be adopted, and upon roll call there were: Ayes: x —x Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Item Number: 7.b. CITY OE IOWA CITY www.icgov.org November 1, 2022 Resolution approving the preliminary and final plat of the McGrath Subdivision, Iowa City, Iowa. (SUB22-0013) UNA ETa:I Lvi I NUTI&V Description Staff Report Preliminary and Final Plat P&Z 10.19.22 Minutes Preliminary and Final Plat Resolution STAFF REPORT To: Planning and Zoning Commission Item: SUB22-0013 McGrath Subdivision GENERAL INFORMATION: Owner and Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: Prepared by: Parker Walsh, Associate Planner Date: October 19, 2022 Rick Sayre Warrior Enterprise LLC 1040 Center Point Rd Hiawatha, IA 52233 Jon Marner MMS Consultants 1917 South Gilbert St Iowa City, IA 52240 i.marner(@mmsconsultants.net Approval of preliminary and final plat Create 2 commercial lots 1501 and 1515 Willow Creek Drive F--5#-F;L u -k� L 7" 1.94 Acres ry� Developed Commercial space, Intensive Commercial (CI -1) North: CI -1, Intensive Commercial South: CI -1, Intensive Commercial East: CI -1, Intensive Commercial West: CI -1, Intensive Commercial General Commercial Southwest SW4 Property owners within 500' of the subject K property received notification of the Planning and Zoning Commission public meeting. A subdivision sign was posted on the site at Willow Creek Dr. File Date: September 13, 2022 45 Day Limitation Period: October 28, 2022 BACKGROUND INFORMATION: The applicant, Warrior Enterprise LLC, is requesting approval of a combined preliminary and final plat (Attachment 2) of 1501 and 1515 Willow Creek Dr, a 1.94 acre commercial subdivision containing two lots. The plat shows the existing buildings and infrastructure. No public improvements are required. Lot 1 contains the existing building at 1515 Willow Creek Dr. and is 1.02 acres. Lot 2 contains the existing building located at 1501 Willow Creek Dr. and is 0.92 acres. Both properties contain existing buildings and parking areas. The applicant intends to subdivide the property, creating two lots. The applicant indicated they have not held a Good Neighbor Meeting. ANALYSIS: Compliance with Comprehensive Plan: The IC2030 Comprehensive Plan identifies the subject property as appropriate for general commercial development. The Southwest District Plan identifies the subject property within the Willow Creek Subarea as suitable for general commercial development. Both the Comprehensive Plan and Southwest District plan have similar goals to enhance streets, sidewalks, and trails, while also providing safe and pedestrian friendly street systems. The Southwest District Plan states "Due to the location of this area near the highway interchange these businesses serve a regional market rather than the surrounding neighborhoods. Because this is a major entrance to the community from Avenue of the Saints (Highway 218), the appearance of this corridor is an important component of its economic development". The Plan also mentions the importance of improving the landscaping in this commercial area to unite land uses and improve the appeal for adjacent neighborhoods as well as those traveling in this part of the City. Although there is no redevelopment of the subject property proposed at this time, lots 1 and 2 may be redeveloped in the future. In order to meet the goals of the IC2030 Comprehensive Plan, the Southwest District Plan, and the Iowa City Bicycle Master Plan, staff has requested that at the time of redevelopment an 8' wide sidewalk be constructed within the public right-of- way along the northern property line as a means to close the existing trail gap identified in the Bicycle Master Plan in this area of town. The preliminary and final plat notes "An 8 foot wide sidewalk shall be required along the frontage of each individual lot upon redevelopment of the lots as further specified in the subdivision documents" and the requirement for construction of the sidewalk is outlined in the legal documents. Currently, the Willow Creek Trail ends at the bulb of the Willow Creek Dr. cul-de-sac but is envisioned to extend the length of Willow Creek Dr. and connect to the existing trail along Highway 1. Subdivision Design: The proposed subdivision contains two lots zoned Intensive Commercial, each lot with an existing building. When the property is subdivided, Lot 1 and Lot 2 will each maintain their own access off of Willow Creek Dr., no additional curb cuts will be required or are necessary. The lots are almost completely developed for the outdoor storage of vehicles, with the exception of the existing buildings and Willow Creek, which runs through the southern end of the property. Lot 1 proposes a lot area of 44,384 square feet (1.02 acres) and Lot 2 proposes 3 40,035 square feet (0.92 acres). The proposed commercial lots meet the minimum dimensional requirements of a CI -1 zone. In the CI -1 zone there is no minimum lot area, width, or frontage requirements. There are also no setback requirements, other than a 10 foot front setback requirement. The buildings on Lot 1 and 2 meet the minimum front setback requirement as the existing buildings are setback beyond the 10' minimum. The outdoor storage and vehicle repair uses are allowed within Intensive Commercial zones. However, the existing development does not conform with the outdoor storage screening requirements of section 14-2C-61-2. Any future redevelopment would be required to comply with Title 14 Zoning of the City Code. Additionally, Willow Creek Dr. does not have sidewalks on either side of the street. The Comprehensive Plan encourages sidewalks and has the goal to "continue the existing sidewalk infill program to close gaps in the sidewalk network". By requiring the construction of an 8' sidewalk in the right-of-way along the street side property line at the time of redevelopment, the goals of the Comprehensive Plan, Bicycle Master Plan, and Southwest District Plan are closer to being met as envisioned. Environmentally Sensitive Areas: Due to the presence of sensitive features on the property such as Willow Creek, a regulated blueline stream, the applicant has submitted a final sensitive areas development plan. The final sensitive areas development plan meets the base requirements of the sensitive areas ordinance, and therefore, it will be reviewed administratively per section 14-813-7 of the City Code. According to section 14-51-7D-1 b, along tributaries to the Iowa River that have a delineated floodway, a 30 -foot natural buffer must be maintained between any development activity and the edge of the floodway. The final sensitive areas development plan shows the regulated stream corridor and the 30 -foot buffer from the edge of the floodway. No development activity is being proposed for the subject subdivision at this time. However, existing pavement on the lots currently extends into the buffer area. The portions of the property that contain regulated sensitive features, such as Willow Creek and its associated buffer, are located within a conservation easement, as shown on the plat, to protect the sensitive areas from any future development. Transportation: Vehicular access is provided from Willow Creek Dr. As previously mentioned, the Bicycle Master Plan identifies a trail gap along Willow Creek Dr. Staff requests that at the time the lots are redeveloped, an 8' wide sidewalk be constructed within the public right-of-way along the northern property line. Future completion of the trail connection will provide a pedestrian route from Willow Creek Trail, Willow Creek Park, and Kiwanis Park to the existing trail along Highway 1. There is currently no complete sidewalk connection along Willow Creek Dr. to provide safe pedestrian connections. Storm Water Management: Existing stormwater management is provided via storm sewer lines along the northern and eastern property lines. No additional improvements are required. Sanitary Sewer Service: Sanitary sewer service is being provided by existing lines. No additional improvements are required. NEXT STFPS- Upon recommendation from the Planning and Zoning Commission, the Preliminary and Final Plat will be considered for approval by the City Council. STAFF RECOMMENDATION: Staff recommends approval of SUB22-0013, an application submitted by Warrior Enterprises LLC for a Preliminary and Final Plat, a two lot, 1.94 acre commercial subdivision located at 1501 and 1515 Willow Creek Dr. ATTACHMENTS: 1. Location Map Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services LOCATION: SUBDIVIDER: A PORTION OF THE NORTHEAST QUARTER OF THE WARRIOR ENTERPRISES LLC NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL 1040 CENTER POINT ROAD HIAWATHA, IOWA 52233 MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SUBDIVIDER'S ATTORNEY: Lu M. LAND SURVEYOR: RAYMOND R. STEFANI II o\ DAVID M. WEST P.L.S 425 SECOND STREET SE, SUITE 700 MMS CONSULTANTS INC. CEDAR RAPIDS, IOWA 52401 1917 SOUTH GILBERT STREET PROPRIETOR OR OWNER: IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 WARRIOR ENTERPRISES LLC ------------- DATE OF SURVEY: 1040 CENTER POINT ROAD HIAWATHA, IOWA 52233 05-26-2022 FOR COUNTY RECORDER'S USE Notes on this plat are not intended to create any vested private interest in any stated use restriction or covenant orcreate any third party beneficiaries to any noted use restriction or covenant. NOTE: AN 8 FOOT WIDE SIDEWALK SHALL BE REQUIRED ALONG THE FRONTAGE OF EACH INDIVIDUAL LOT UPON REDEVELOPMENT OF THE LOTS AS FURTHER SPECIFIED IN THE SUBDIVISION DOCUMENTS. PRELIMINARY AND FINAL PLAT MCGRATH SUBDIVISION IOWA CITY, IOWA DESCRIPTION - MCGRATH SUBDIVISION Commencing at the Northeast Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°17'55"W, along the East Line of the Northeast Quarter of the Northeast Quarter of said Section 20, a distance 300.37 feet, to its intersection with the Easterly Projection of the South Right -of -Way Line of Willow Creek Drive; Thence S89°47'10"W, along said Easterly Projection and South Right -of -Way Line of Willow Creek Drive, 313.69 feet, to the POINT OF BEGINNING; Thence S35°16'31"W, 392.46 feet, to a Point on the Northerly Line of Lot 9 of Barker's Second Addition, in accordance with the Plat thereof Recorded in Plat Book 17 at Page 62 of the Records of the Johnson County Recorder's Office; Thence N65°22'11"W, along said Northerly Line, 265.08 feet, to the Northern most Corner thereof, and the Southeast Corner of Lot 8 of said Barker's Second Addition; Thence N35°17'26"E, along the East Line of said Lot 8, a distance of 255.72 feet, to the Northeast Corner thereof, and a Point on the South Right -of -Way Line of Willow Creek Drive; Thence N89°47'10"E, along said South Right -of -Way Line, 319.88 feet, to the POINT OF BEGINNING. Said Tract of Land contains 1.94 Acres, and is subject to easements and restrictions of record. fir„- - fl r•. 4, - CONGRESSIONAL CORNER, FOUND \oQQ DAVID Lu M. " m- 0 = WEST o\ 15749 (R) - RECORDED DIMENSIONS \\p\\" loo o PROJECT LOCATION - PROPERTY &/or BOUNDARY LINES — — - CONGRESSIONAL SECTION LINES ------------- - RIGHT-OF-WAY LINES - EXISTING RIGHT-OF-WAY LINES — - CENTER LINES - EXISTING CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — r! tbY I - EXISTING EASEMENT LINES LOCATION -EXIST- -PROP- $ - POWER POLE MAP - POWER POLE W/DROP NOT TO SCALE Notes on this plat are not intended to create any vested private interest in any stated use restriction or covenant orcreate any third party beneficiaries to any noted use restriction or covenant. NOTE: AN 8 FOOT WIDE SIDEWALK SHALL BE REQUIRED ALONG THE FRONTAGE OF EACH INDIVIDUAL LOT UPON REDEVELOPMENT OF THE LOTS AS FURTHER SPECIFIED IN THE SUBDIVISION DOCUMENTS. PRELIMINARY AND FINAL PLAT MCGRATH SUBDIVISION IOWA CITY, IOWA DESCRIPTION - MCGRATH SUBDIVISION Commencing at the Northeast Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°17'55"W, along the East Line of the Northeast Quarter of the Northeast Quarter of said Section 20, a distance 300.37 feet, to its intersection with the Easterly Projection of the South Right -of -Way Line of Willow Creek Drive; Thence S89°47'10"W, along said Easterly Projection and South Right -of -Way Line of Willow Creek Drive, 313.69 feet, to the POINT OF BEGINNING; Thence S35°16'31"W, 392.46 feet, to a Point on the Northerly Line of Lot 9 of Barker's Second Addition, in accordance with the Plat thereof Recorded in Plat Book 17 at Page 62 of the Records of the Johnson County Recorder's Office; Thence N65°22'11"W, along said Northerly Line, 265.08 feet, to the Northern most Corner thereof, and the Southeast Corner of Lot 8 of said Barker's Second Addition; Thence N35°17'26"E, along the East Line of said Lot 8, a distance of 255.72 feet, to the Northeast Corner thereof, and a Point on the South Right -of -Way Line of Willow Creek Drive; Thence N89°47'10"E, along said South Right -of -Way Line, 319.88 feet, to the POINT OF BEGINNING. Said Tract of Land contains 1.94 Acres, and is subject to easements and restrictions of record. fir„- - <q- 4, - CONGRESSIONAL CORNER, FOUND \oQQ DAVID Lu M. " m- 0 = WEST o\ 15749 (R) - RECORDED DIMENSIONS \\p\\" loo o - PROPERTY &/or BOUNDARY LINES 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. DAVID M. WEST P.L.S. Iowa Lic. No. 15749 My license renewal date is December 31, 20—. Paaes or sheets covered by this seal: Signed before me this _____ day of ___-_____ ,20___ . -------------------------------------------------- Notary Public, in and for the State of Iowa. 1046 AIRKERFRIS SECOND lALFLUMMON AIN MRD" 3 F�IN3'F ADD 1rD0H -------------- ---------- --- ) --- — --- --- EO FO WE—WE—WE—WE— WE WE 0 FOUND 5\8" N �„ O REBAR W\O ITS MLLOW CIREEK DD WOl`h _ 6�6^^ — CONCRETE O - - , ,6 o N _ O O N _677____ — CTI G -- _ — CONCRETE 0G G - FOUND 5\8" REBAR — —OHE — `�-OHE — — — - - —_� — — — — — - 2 -E� — — F� - - = W 0 LS CAP X - — — . - - - - - - - - - - - - - - - - - - - - - - - 156.63'(M)(R) ----- /� 182.36' - _ - /ASPHALT 37.52' - 313.69'(M314'(RASPHALT FOUND 5\8" REBAR--------- ---- —-----W\ ORANGE PLASTIC EXISTING TELE & ELEG. EASEMENT 2, A PHALT ASPHALTSP ALT- - / LS CAP 8295 B�6 STIMMEL PROPERTIES, LLLPATRI61A N WADE c 3210 H16�l-IWAY I SW2601 HICKORUNIT Y TRAIL614 a? / IOWA GIN, IA 52240IOVVA CITY, IA %2A5L�O� o ��j�� ^^�� \6 /,S- i , O ` �J �2 CO JASON M MOORE & FEATHER M MOORE 1233 6IL6ERT GT IOWA GITY, IA 52240 DREUSIGKE PROPERTIES, LLG 1445 M16MAY I W IOWA CITY, IA %2.4 VO_ ry. CHRISTOPHER & ALDREY / FOUNTAIN � �0 1438 WILLOW GREEK GT V IOWA CITY, IA 522A6 s Al J � J STANDARD LEGEND AND NOTES 4, - CONGRESSIONAL CORNER, FOUND • - PROPERTY CORNER(S), FOUND (as noted) 0 - PROPERTY CORNERS SET (5/8" Iron Pin w/ orange, plastic LS Cap embossed with "MMS" ) 0 - CUT "X" (R) - RECORDED DIMENSIONS (M) - MEASURED DIMENSIONS - PROPERTY &/or BOUNDARY LINES — — - CONGRESSIONAL SECTION LINES ------------- - RIGHT-OF-WAY LINES - EXISTING RIGHT-OF-WAY LINES — - CENTER LINES - EXISTING CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — — — - PROPOSED EASEMENT LINES - EXISTING EASEMENT LINES 0!Y - BENCHMARK -EXIST- -PROP- $ - POWER POLE - POWER POLE W/DROP - POWER POLE W/TRANS 41- - POWER POLE W/LIGHT - GUY POLE xX # - LIGHT POLE O ® - SANITARY MANHOLE - FIRE HYDRANT - WATER VALVE OD ® - DRAINAGE MANHOLE W11111 ❑ - CURB INLET X X - FENCE LINE - EXISTING SANITARY SEWER (( - PROPOSED SANITARY SEWER - EXISTING STORM SEWER :< - PROPOSED STORM SEWER W-- WATER LINES E - ELECTRICAL LINES T - TELEPHONE LINES G - GAS LINES - - - - - - - - CONTOUR LINES (1' INTERVAL) - PROPOSED GROUND - EXISTING TREE LINE EXISTING DECIDUOUS TREE & SHRUB - EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. NORTHEAST CORNER OF SECTION 20-T79N-R6W OF THE FIFTH P.M. FOUND 4X4 CONCRETE MONUMENT WITH 5\8" REBAR BOOK 49 AT PAGE 68 3 0 o � S89'47'10"W i 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. ; TIE -73:: 0 5 25 50 0 GRAPHIC SCALE IN FEET 111=50' N EAST QUARTER CORNER OF SECTION 20-T79N-R6W OF THE FIFTH P.M. FOUND S.C.M. BOOK 49 AT PAGE 68 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 LINES, AND/OR WATER LINES; 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: MEDIACOM Date: CENTURYLINK Date: IMON Date: METRONET Date: 1.94 ACRES CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date Revislon 10-06-22 PER CITY COMMENTS -JDM 10-11-22 PER CITY COMMENTS -JDM PRELIMINARY AND FINAL PLAT MCGRATH SUBDIVISION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 08-25-22 Designed by: Field Book No: JDM 1345 Drawn by: Scale: JDM 1 "=50' Checked by: Sheet No: DMV Project No: 2080-004 of: 1 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION OCTOBER 19, 2022 —6:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Maria Padron, Mark Signs, Billie Townsend MEMBERS ABSENT: STAFF PRESENT: Emani Brinkman, Sara Hektoen, Anne Russett, Parker Walsh OTHERS PRESENT: Marybeth Slonneger, Mike Oliveira, Kevin Boyd, Jon Marner RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of REZ22-0013, an application to designate 937 East Davenport Street as an Iowa City Historic Landmark and rezone from Medium Density Single -Family Residential (RS -8) to Medium Density Single -Family Residential with a Historic District Overlay (OHD/RS-8). By a vote of 6-0 the Commission recommends approval of SUB22-0013, an application submitted by Warrior Enterprises LLC for a Preliminary and Final Plat, a two lot, 1.94 acre commercial subdivision located at 1501 and 1515 Willow Creek Drive. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ22-0013: Location: 937 E. Davenport Street An application for a rezoning from Medium Density Single -Family Residential (RS -8) to RS -8 with a Historic District Overlay (OHD/RS-8) to designate the property as an Iowa City Historic Landmark. Brinkman began the staff report showing an aerial map and zoning map of the property for the proposed rezoning. The zoning map showed how the property fits in with the surrounding area. The property was constructed around 1874 as a simple single -story ell style cottage and is in the style of other Goosetown cottages from the same period. Brinkman showed photos the cottage noting a gable addition was added to the rear of the house before 1882, and a second smaller gable addition was added prior to 1920 as show in the Sanborn Insurance fire maps. Since 1920 Brinkman stated this property has not had many changes unlike similar small cottages in the area. Another addition prior to 1920 was an open porch added to the L created by the original portion of the house and the first addition and that porch has been extended by the current property owners. Planning and Zoning Commission October 19, 2022 Page 5 of 10 Historic District Overlay (OHD/RS-8). Townsend seconded the motion. Craig appreciates the perspective from Oliveira and the other side of it because they do need housing in Iowa City and families today want larger houses, but this is not a district, it's not the whole district, it's one piece of property that is very special and has history. To not move ahead and do this, they would be losing something that they'll never get back and she doesn't want to drive down that street and see nothing but five -bedroom houses. To drive down that street and see a few bigger houses, along with some smaller houses will maintain the character of the neighborhood and continue to serve people in Iowa City who like history, and a few who want to live in a bigger house. Townsend added that someone buying a home that is designated historic knows what they're getting into when they buy it and they know that they have to keep certain standards and the costs involved. Hensch agrees the mixture of the new houses being developed and the retention of some historic properties is exactly the mix that they want. They're always looking for balance and mixture and it's not always pretty, but in the end, they end up generally with what the community wants. A vote was taken and the motion passed 6-0. CASE NO. SUB22-0013: Location: 1501 and 1515 Willow Creek Drive An application for a combined preliminary and final plat for McGrath Subdivision, a 1.94 -acre subdivision containing two commercial lots. Walsh began the staff report showing an aerial of the proposed subdivision and the zoning map which showed it's primarily intensive commercial. For a little bit of background, the existing lot and building on 1515 Willow Creek Drive was constructed in the early 1980s. A site plan for 1501 Willow Creek Drive was approved and construction began in 2017 and in September of this year, staff received the application for preliminary and final plat for the subject properties. Looking at the preliminary plat, it is approximately a total of 1.94 acres, with lot 1 being approximately 1.02 acres with an existing building and lot 2 being approximately 0.92 acres with the existing building that was constructed in 2017. They also have Willow Creek at the base of the property as well as the proposed conservation easement. A Sensitive Areas Development Plan was submitted that meets the base requirements of a level one sensitive areas review and will be reviewed administratively. What is shown is Willow Creek as well as its 30 -foot buffer. Staff has requested that the portion of the property with the sensitive areas be placed in a conservation easement. The Comprehensive Plan recommends general commercial as well as encourages interconnected system of open space with sidewalks and trails to connect the community and safe and pedestrian friendly street systems. The Southwest District Plan shown in the Willow Planning and Zoning Commission October 19, 2022 Page 6of10 Creek subarea also identifies this as general commercial and identifies the area as a regional market due to its location off of major highways. Because of this location, the Southwest District Plan states the importance of the area's appearance and landscape to unite the neighborhood and improve the appeal to travelers. The Iowa City Bicycle Master Plan identifies the trail along Willow Creek Drive as an existing gap, however the gap along Highway One has been filled with a 10 -foot -wide sidewalk and staff has requested that an 8 -foot -wide sidewalk be connected along the length of the property at the time of the lot's redevelopment. Walsh noted there is existing stormwater water management via storm sewer lines along the northern and eastern property lines and no further improvements are required. Staff recommends approval of SUB22-0013, an application submitted by Warrior Enterprises LLC for a Preliminary and Final Plat, a two lot, 1.94 acre commercial subdivision located at 1501 and 1515 Willow Creek Drive. Next steps following the Commission's recommendation would be City Council consideration of the preliminary and final plat as well as staff review of the preliminary and final site plan and building permits. Hensch noted it must be in the 100- and 500 -year floodplains since it's right on Willow Creek and asked how much of the property is in the floodplain. Walsh stated since that was not a sensitive areas they did not require that they included that so he's not exactly sure how much of the property is within the floodplain. Signs noted it looks like some of the conservation easement area is covered by asphalt and wonders what the expectations are and if that goes away as part of the conservation. Craig had a question about the sidewalk and that sidewalks are only required if they redevelop something, does redevelopment mean a new property put on there, because they have still have a gap in the sidewalk. Walsh confirmed that's correct, there is no sidewalk along this southern line but if one of those properties decides to redevelop and build something new on the property, the owner would be required at that time to provide a sidewalk along the front of their property line. It would take both of these properties to redevelop before there's a consistent sidewalk along both property lines. Hensch opened the public hearing. John Marner (MMS Consultants) added that on the lot line there's an existing fence between the properties right now. To answer a couple of the questions, there's a significant portion of the property that's both within the 100 -year and the 500 -year floodplains but both buildings are outside of that elevation and as Walsh mentioned they're not classified as a sensitive areas feature so that's why they're not shown on the plan. Regarding the proposed conservation easement and the existing asphalt, the intent is to provide the conservation easement on the Willow Creek floodway buffer and stream quarter buffer so if there is future development on this property that easement already exists, and it would restrict any potential future development. So, there would be no changes to the existing features that are there but in the event that something were to be proposed in the future that easement is already in place and restricts any Planning and Zoning Commission October 19, 2022 Page 7 of 10 development in that area. To the question about the sidewalks, on this particular side of Willow Creek Drive there's nothing for sidewalk currently, along that entire stretch, there is some sidewalk on the north side, so as the properties would redevelop the sidewalk would be required. There's a drainage way along that side right now and it is an open ditch, there's a curb and gutter on the west side of the building, and there's an outlet that gets into the stream that then the stormwater drains down into the Willow Creek corridor. Therefore, any development of a sidewalk or footpath in the future needs some thought about how the property sits down below the curb. It will make sense when doing any of that sidewalk development in the future to look at the entirety of the site and what makes sense for the property. There's also power poles and some other utilities in that location as well that will need to be addressed at the time a site plan were to be presented. Hensch asked about the function of that asphalt there on Willow Creek, was it for bank stabilization efforts at one time or something. Marner doesn't think so, they do have storage back there and there's a chain link fence at that property line and there's a dumpster in the southeast corner as well. Hensch closed the public hearing. Signs moved to recommend approval of SUB22-0013, an application submitted by Warrior Enterprises LLC for a Preliminary and Final Plat, a two lot, 1.94 acre commercial subdivision located at 1501 and 1515 Willow Creek Drive. Elliott seconded the motion. Signs noted it seems pretty straightforward; Hensch concurred. Craig wishes they could build sidewalks all over town. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: SEPTEMBER 7,2022: Elliott moved to approve the meeting minutes of September 7, 2022. Townsend seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett stated the Cardinal Heights rezoning and preliminary plat out on Camp Cardinal Boulevard was approved by City Council. The Monument Hills preliminary plat for the rezoning and development with the senior living component on Rochester and Scott was also approved by City Council. Planning and Zoning Commission October 19, 2022 Page 8 of 10 The new commissioner applications for Mark Nolte's vacancy are due on the 251h so they should have a new commissioner appointed at the next City Council meeting on November 1. Russett noted the planners went to Ottumwa for the APA Iowa conference and was it was a really great conference where they got to connect with planners all across the state. They had great keynote speakers and Ottumwa is doing a lot of great things, so it was nice to see their area. Signs noted they had shared a new news article about the proposed redevelopment at Myrtle and Riverside and signs are up for a major site plan review so who does that go to before, is it staff only. Russett noted there are several applications that they've applied for with the final plat because they're going to be combining all of those parcels in into one lot and that will go to City Council. It goes to the form -based code committee for design review and then the site plan will be also staff level review. They've also applied for a vacation of public right of way along South Riverside Drive just north of the railroad, and that will come to this Commission. Craig noted also it's not a senior housing development anymore, it's student housing. Hensch noted this is a good reminder that when they rezone property, the concept they bring forth they're not tied to that because anything that's eligible under that zoning base zoning they can do. Signs totally understands that, but it does feel like they were sold a bill of goods so wants to know if there are any protections they can put into place when they approve something or make a change like that, it won't change uses drastically like that. They were told it would be a very diverse area with a hotel, senior living, commercial space, apartments, condos, restaurants, and now it's being replaced with good old student housing. Russett noted it's really hard to restrict future development to certain uses, like to say it can only be hotel or can only be senior housing, any uses that are allowed in that zone could be proposed. There have been some rezonings where they've attached a condition to the rezoning that it must substantially comply with the concept attached to that conditional zoning agreement and rezoning ordinance, but there's pros and cons to that too as they've had some rezonings that were approved years ago to concepts that are just not moving forward. Hektoen noted the challenge with presenting concepts to the Commission is it anchors expectations a certain way but under the code they're allowed to use the property for the uses that are specified therein. The Commission can impose conditions, but they have to be directly tied to a public need being created by the rezoning and it's a challenge to do that. Signs understands he just feels they deserve to be called out on it because it seems like they also were given height bonuses and stuff based on the concept they presented. Hensch noted the Commission will see them again for their vacation of public property. Page 1 of 20 IliIfllNllfll�l�ll�lllf[IIIIIfIIfIIIIIIIIN�II[�III�IIIIf�lll�11111�11 Doc I0: 032017710020 Type; GEN Kind: SUBDIVISION Reeorded: 12/30/2022 at 31:48:21 AM Fee Amtn County ; $302.00 Page i of 20 JohnsoIona Kim Painter CountV Recorder Q 13K6450 PDS69-688 I P i �III1Mlp ��� S CITY CIIOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 -7 1*5 y0 (3 19) 356-5000 STATE OF IOWA (319) 356-5009 FAX www.lcgov.org )SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 22-275, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1 at day of November 2022, all as the same appears of record in my office. Also attached are the final legal documents for McGrath Subdivision, Iowa City, Iowa. 9 Dated at Iowa City, Iowa, this �a4day of 2022. Kelliek Fmehling City Clerk kes subdivision Prepared by: Parker Walsh, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB22-0013) Resolution No. 22-275 Resolution approving the Preliminary and Final Plat of the McGrath Subdivision, Iowa City, Iowa. (SUB22-0013) Whereas, the owner, Warrior Enterprises, LLC, filed with the City Clerk the preliminary and final plat of McGrath Subdivision, 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: Commencing at the Northeast Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°17'55"W, along the East Line of the Northeast Quarter of the Northeast Quarter of said Section 20, a distance 300.37 feet, to its intersection with the Easterly Projection of the South Right -of - Way Line of Willow Creek Drive; Thence S89°47'10"W, along said Easterly Projection and South Right -of -Way Line of Willow Creek Drive, 313.69 feet, to the POINT OF BEGINNING; Thence S35°16'31"W, 392.46 feet, to a Point on the Northerly Line of Lot 9 of Barker's Second Addition, in accordance with the Plat thereof Recorded in Plat Book 17 at Page 62 of the Records of the Johnson County Recorder's Office; Thence N65°22'11 "W, along said Northerly Line, 265.08 feet, to the Northern most Corner thereof, and the Southeast Corner of Lot 8 of said Barker's Second Addition; Thence N35'1 7'26"E, along the East Line of said Lot 8, a distance of 255.72 feet, to the Northeast Corner thereof, and a Point on the South Right -of -Way Line of Willow Creek Drive; Thence N89'47'1 0"E, along said South Right -of - Way Line, 319.88 feet, to the POINT OF BEGINNING, Said Tract of Land contains 1.94 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 preliminary and final plat and subdivision, and recommended approval; and Whereas, the Planning and Zoning Commission examined the preliminary and final plat and, after due deliberation, recommended acceptance and approval of the plat; 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 Whereas, saidpreliminary and 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: The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 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 the Resolution No. 22-275 Page 2 public improvements and open them for public access 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 1st day of November Mae 2022. Approved by Attest: iJ • L� ' City Clerk —" U City Attorn 's Office (Liz Craig — 1012612022) It was moved by Bergus adopted, and upon roll call there were: Ayes: X X pcdtlemplateslPmliminary_and_Flnal_Plat_ =Resolution doc.doc and seconded by Nays: Taylor the Resolution be Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Item Number: 8. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT November 1, 2022 Resolution approving project manual and estimate of cost for the construction of the Landfill Cell FY23 Construction 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: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $3,700,000 available in the Future Landfill Cell Project, Account #L3338 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This project will build the next landfill cell. Background /Analysis: The current landfill cell, Cell FY18, is nearing the end of its usable space. To continue solid waste disposal services at the Landfill, the City must construct a new landfill cell. The next cell, Cell FY23, has been designed and approved to construct by the Iowa Department of Natural Resources. Construction and initial fill for the new cell are planned for 2023. The new cell is 11.1 acres and is estimated to last nine to eleven years. Construction next year will allow transition of the solid waste disposal in the new cell roughly in the same time frame as completion of filling in the current cell. The estimated cost of construction for the project is $3,700,000. ATTACHMENTS: Description Resolution Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319)356-5144 Resolution No. 22-276 Resolution approving project manual and estimate of cost for the construction of the Landfill Cell FY23 Construction 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 Future Landfill Cell Project, Account # L3338. 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 29th day of November, 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 December, 2022, or at a special meeting called for that purpose. Passed and approved this 1st day of November , 2022. f May Approved by `) Attest: !/ City Clerk City Attor y's Office (Liz Craig - 10/24/2022) Resolution No. 22-276 Page 2 It was moved by Weiner adopted, and upon roll call there were: and seconded by Taylor Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas x Weiner the Resolution be Item Number: 9. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT November 1, 2022 Resolution approving project manual and estimate of cost for the construction of the Water Treatment Plant Chlorine Feeder System Upgrade 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: Scott Sovers, Asst. City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $192,000, available in the Chlorine Feeder System Upgrade account #W3316 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This project generally includes the replacement or repair of chlorine feeder systems, the removal of ammonia feeder systems, and coordination of construction work not to impede water plant production. Background /Analysis: The Iowa City Water Treatment Plant is required to disinfect and maintain a disinfection residual within the municipal drinking water supply. The disinfectant used in the treatment process is gaseous chlorine, and its use requires specialized chemical feed equipment and facilities. The existing chemical feed equipment has reached a design end -of -life at 20 years of service requiring repair or replacement. Additionally, the ammonia feed system, installed during facility construction, has not been used recently and needs removal. These improvements will allow for the continued treatment and supply of drinking water to the residents of Iowa City. The estimated project cost is $192,000 and will be funded by the Water fund. The project is expected to be completed in the summer of 2023. ATTACHMENTS: Description Resolution Prepared by: Scott Sovers, Asst. City Engineer, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 Resolution No. 22-277 Resolution approving project manual and estimate of cost for the construction of the Water Treatment Plant Chlorine Feeder System Upgrade 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 Chlorine Feeder System Upgrade account #W3316. 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 29th day of November, 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 December, 2022, or at a special meeting called for that purpose. Passed and approved this 1st day of November 2022. Myo Approve y Attest: i� A L—i( LCity JerkCity Attor y's Office J (Liz Craig - 10/24/2022) Resolution No. 22-277 Page 2 It was moved by Bergus adopted, and upon roll call there were: Ayes: and seconded by Nays: Weiner the Resolution be Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Item Number: 10. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT November 1, 2022 Resolution authorizing the Mayor to sign a State and Local Fiscal Recovery Fund (SLFRF) grant agreement with the University of Iowa Labor Center to administer the Quality Preapprenticeship Program (QPP). Prepared By: Cassandra Gripp, Grant Specialist Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood & Development Services Director Rachel Kilburg, Assistant City Manager Fiscal Impact: The City has been allocated $18,325,190 inARPA-SLFRF funds. This agenda item would authorize expenditure of $500,000 of those funds. Recommendations: Staff: Approval Commission: N/A Attachments: UI Labor Center Proposal Resolution Agreement Exhibit A Executive Summary: As part of the American Rescue Plan Act (ARPA), the City was awarded State and Local Fiscal Recovery Fund (SLFRF) dollars to respond to impacts of the COVID-19 pandemic. This resolution authorizes a subrecipient grant agreement with the University of Iowa Labor Center for $500,000 to administer five annual sessions of the Quality Pre -apprenticeship Program, creating a pathway for Iowa City residents to qualify for and secure careers in the building and construction trades. This resolution further authorizes the City Manager to amend the agreement as needed, including the budget for each of these activities by up to 5%. Background /Analysis: In 2021-22 the City of Iowa City received $18.3 million in American Rescue Plan Act (ARPA) State and Local Relief Funds. After dedicating several months in 2021 gathering public input, the City Council generally agreed to guiding principles and numerous priorities for investing these funds back into our community. To date several important initiatives have commenced. The UI Labor Center submitted a proposal for an Apprenticeship Opportunity Program that targets historically marginalized communities that are underrepresented in building trades. The program will aim to help create clear, supported pathways to high-quality careers. This initiative fits clearly in the City Council's ARPA priority to bolster our local workforce. The proposal speaks to the City's guiding principles by including multiple partners (Iowa State Building Trades and local non-profit organizations), promoting opportunities for lasting change, and ensuring funds help mitigate racial inequities. The U.S. Treasury permits the City to make subawards with SLFRF funds for the purpose of carrying out an eligible use under the SLFRF program. Per 31 CFR 35.6(b)(3)(ii)(A)(8) "assistance for individuals who want and are available for work, including those who are unemployed, have looked for work sometime in the past 12 months, who are employed part time but who want and are available for full-time work, or who are employed but seeking a position with greater opportunities for economic advancement" is an enumerated eligible use of SLFRF funds. The U.S. Treasury's Final Rule on SLFRF further states that "jobs programs... combined education and on-the-job training programs, or job training to accelerate rehiring or address negative economic or public health impacts experienced due to a worker's occupation or level of training are all enumerated eligible uses." Thus, the administration of a job training program such as the Quality Pre -apprenticeship Program proportionately addresses the impacts of the COVI D- 19 pandemic and is an eligible use of SLFRF funds. ATTACHMENTS: Description UI Labor Center Proposal Resolution Agreement Exhibit A IOWA Labor Center Date: July 6, 2022 To: Geoff Fruin, City Manager, City of Iowa City From: Robin Clark -Bennett, Director, University of Iowa Labor Center Re: ARPA — Construction Apprenticeship Opportunity Program Dear Mr. Fruin and Members of the Council: Thank you for the opportunity to update this proposal for consideration by the City Council. I write to provide the latest details about a proposal by the University of Iowa Labor Center, supported by the Iowa State Building and Construction Trades Council and several local nonprofit leaders, to partner with the City of Iowa City on an ARPA-funded annually -recurring Apprenticeship Opportunity Program for each of the next five years to create a consistent and sustainable pathway for area residents, particularly those from historically marginalized communities that are underrepresented in the trades, to enter and succeed in Registered Apprenticeship programs and secure high-quality careers in the building and construction trades. Statement of Need This moment presents an historic level of urgency and opportunity to address the persistent structural inequities that made many Iowans particularly vulnerable to the effects of the pandemic. For example, women and BIPOC communities in our state face significant wage gaps and occupational segregation. Iowa women typically earn 78 cents for each dollar paid to men, significantly below national averages of 82 cents. Black women in Iowa earn an estimated 60 cents for every dollar paid to white men. 38.9% of single female -headed Iowa households with children under age 18 were below the poverty level in 2018. The pandemic exacerbated these disparities, disproportionately impacting families who were already in precarious financial situations and often lacked quality healthcare, affordable childcare, or paid leave. Registered Apprenticeship programs in skilled construction trades are widely recognized as important paths to quality careers that offer living wages, workplace safety protections, and quality health insurance and retirement benefits. Because apprenticeships allow workers to "earn and learn," they enable low-income participants to gain training and start on a quality career path without fear of crippling debt. But barriers to access remain primary obstacles for key demographics who could most benefit from these opportunities. According to the U.S. Department of Labor, "women and minorities continue to face substantial barriers to entry into and, for some groups, completion of registered apprenticeships, despite their availability." This is especially true for women and Black workers: across the country in 2017, only 7.3 percent of registered apprentices were women and only 10.7 percent of apprentices were Black. Iowa's rates are even lower. Changing these trends requires intentional and sustained work. Pre- apprentice programs with support networks like the one we are proposing have been found on play an important role in improving underrepresented groups' access to apprenticeships, as well as completion ones. We feel this program is uniquely positioned to make lasting progress in linking Iowa City area residents m living wage jobs over the next five years. Construction employers and unions report n acute need to recruit moo skilled trades workers, and the federal infrastructure bill is likely to further increase demand. The economic disruption caused by the pandemic has dislocated many, low-wage workers who are currently seeking opportunities for a more a secure future. There is a growing interest among high school graduates in pursuing skilled trades careers. Construction contractors, and Registered Apprenticeship programs increasingly recognize the valuable role that pre -apprenticeship programs play in recruiting new applicants. In fad, the Labor Center's Quality Pre-Apprenficeship Program began at the urging of the Iowa State Building and Construction Trades Council and has signed articulation agreements with 24 Registered Apprenticeship programs across the hare. The Labor Center has longstanding, trusted relationships with grassroots organaations across the region, and has experience delivering this industry-recogaized curriculum and helping graduates navigating the path to success. The University of Iowa Labor Center's Quality Pre-Appremiceship Program The University of Iowa Labor Center rens a US. Department of Labor (DOL) recognized Quality Pre-apprenficeship Program (QPP). In order to be recognized by the DOL as a QPP the program must actively recruit pre -apprentices from groups who are underrepresented in existing registered apprenticeship programs. These groups defined by the DOL are youth (1624), people of color, women, veterans, and workers with disabilities. The QPP most provide industry recognized turning and wrap-around support to graduates to assist them in entering Registered Apprenticeships. The program must else continue to provide support during at least the first half of the participant's Registered Apprenticeship program to help the participant achieve success in the skilled construction trade career. The labor Center QPP reaches residents most affected by the Covid recession. We began to track whether applicants' employment had been affected by Covid-19 in September 2020 and have tracked that information through three whom of the program. Between September 2020 and March 2021, 19 of 29 Iowa City applicants (90%) reported that their employment bad been affected by Covid. Om program has also succeeded in recruiting and graduating participants from undenepresented groups. To date, a Oral of 164low rns have completed our apprenticeship readiness course, including 34 women and ]] people of color. A critical component of the QPP is a five-week Apprenticeship Readiness Course using a Multi - C fl Core Connecticut (MO) developed by national union and contractor organizations that sponsor Registered Apprenticeships m the skilled construction trades. The MC3 provides an introduction to the construction industry and m over 16 decoction trades, including boBenrWrers, bricklayers, carpenters, electricians, elevator constructions, heat and most insulators, ironworkers, laborers, operating engineers, painters and glaziers, plasterers and cement masore, plumbers and pipefitters, roofers, shed metal workers, and construction track drivers. The course includes OSI - 10 and CPRMirw Aid certification, OPRO Orern Construction certification, mors of training facilities, introductions O tools and materials, interviewing skills, construction math review, communication for respectful workplaces, and financial literacy. Sessions are taught by Labor Center staff as well as guest instructors from Registered Apprentice programs, which strengthens connections between the program, graduates, and apprenticeships. We typically schedule classes on Tuesday and Thursday from 5- 9pm and Saturday from 8:30am-4:30pm, in order to accommodate individuals who are working at other jobs or attending school during the day. Saturday classes are generally held in person, while Tuesday/Thursday classes are often held online through a Zoom platform. We have developed a robust array of support structures for participants. We purchased chrome books and became certified to proctor the National Career Readiness Exam, a required component of several apprenticeship applications, so we could offer it at times and in locations that are accessible to our graduates. We established a lending library of starter tools. We have some limited funding available to assist with transportation and childcare costs to enable attendance at our Apprenticeship Readiness Course, and partner with grassroots organizations to link participants with other supports. We host a statewide Iowa Women in Trades peer support network that meets monthly (online for now) and has attracted women at every stage of their careers in the trades for practical and supportive mentoring discussions as well as presentations by regional and national tradeswomen leaders. We also have monthly online meetings open to all graduates, to discuss the successes and challenges they are facing, and build community among graduates from various cohorts. We have conducted dozens of workshops on combating discrimination and harassment and promoting respectful jobsites with apprentices, contractors, union staff, and training coordinators. We also remain in constant communication with training programs across the state, to track and connect our graduates with job opportunities that arise. The Registered Apprenticeship programs covering the Iowa City area that are working with the Labor Center QPP are: • Heat and Frost Insulators LU 81 JATC, Rock Island, IL • Bricklayers & Allied Craftsman IA State Trowel Trades JATC LU 3, Marshalltown (Statewide) • Five Rivers Carpenters JATC, Cedar Rapids, IA (training for Carpenters Local 1260, Iowa City) • International Brotherhood of Electrical Workers, Cedar Rapids Electrical JATC LU 405 • NE IA Ironworkers JATC #89, Cedar Rapids, IA • Iowa Laborers Local Union 43 JATC, Cedar Rapids, IA • International Union of Operating Engineers Local Union 234 JATC, Indianola (Statewide) • Plasterers and Cement Masons Local Union 18 JATC, Rock Island, IL • International Union of Painters and Allied Trades District Council 81 JATC, Cedar Rapids, IA • United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada (UA) Local Union 125 JATC, Cedar Rapids, IA • Cedar Rapids Sheet Metal JATC Local #263, Cedar Rapids, IA We have been in communication since the beginning of the program with community-based organizations across the state who have the trusted connections to recruit strong candidates to the program and provide community support to boost their success. Locally, we have met with leaders from organizations including: Iowa's Jobs for America's Graduates (iJAG), Inside Out Reentry Program, Johnson County Interfaith Coalition, Center for Worker Justice of Eastern Iowa, Sudanese -American and Congolese -American community organizations, IC Compassion, South District Neighborhood Association, Catherine McAuley Center, and Dream City, as well as other area leaders and initiatives. The ability to host an annual, recurring program in the Iowa City area would allow for predictable year-round recruitment and dramatically increase the visibility and local impact of this program. The Labor Center's QPP program operates with grant funding in order to make its programs free and accessible to marginalized communities. Prior funding has been short-term and linked to commitments to host cohorts in a variety of regions across the state, which makes it is difficult to create a predictable schedule around which school counselors, community groups, participants, and trades leaders can plan. Proposal The Labor Center proposes to: • Publicize, recruit for, and conduct an annually -recurring cohort of its Quality Preapprenticeship Program for Iowa City area residents each Fall in the years 2022 —2026 (five years total) o At least 30 preapprentices from the Iowa City area shall enroll in each annual 5 - week cohort o At least 70% shall be from underrepresented groups o At least 80% of enrolled preapprentices shall graduate from the cohort o At least 50% of graduates shall be employed in skilled construction trades positions and/or accepted into a Registered Apprenticeship Program within one year of graduating. • Provide ongoing year-round support services and mentoring opportunities to all program graduates, including access to existing Labor Center resources such as: o Starter tool lending library o Free National Career Readiness Exam sessions at times and locations accessible to graduates o Iowa Women in Trades monthly peer support meetings and leadership opportunities o Monthly meetings open to all program graduates with news about job and apprenticeship openings and peer support discussions about successes and barriers graduates experience o Regular communication updates via email and text about apprenticeship and job openings o Individualized mentoring and connections with construction industry leaders • Contract with three grassroots community partners to provide dedicated staff or leadership assistance with participant recruitment, referrals to wraparound services such as childcare, transportation, and English tutoring, follow-up outreach and communication with participants, and feedback about the program's strengths and weaknesses from the lens of their work with BIPOC communities and groups historically underrepresented in the trades. The QPP will negotiate agreements with the three Community Partners — New Creations International Church, Inside Out Reentry Community, and the Center for Worker Justice of Eastern Iowa, upon being granted the funding. Each of the community partners have submitted a letter of commitment to partner with the Labor Center on this project, and copies of those letters of commitment are included as part of this proposal. Total Grant Funding Requested: $100,000 per annual cohort ($500,000 through 2026) Annual QPP $100,000 budget for the Quality Pre -apprenticeship Program includes: $63,584 Labor Center staff. 20% work time for QPP coordinator + 10% work time for two labor educators + cost of Labor Center contract with industry expert to conduct OSHA -10, First Aid/CPR, Blueprint Reading, and other trades skills classes. Time allocation of Labor Center staff is for year-round work on publicity, outreach and recruitment, and apprenticeship placement + intensive work each fall apprentice readiness course registration, guest instructor recruitment, teaching and 5 -week course coordination, and training center tours $ 300 OSHA -10 certification card fees $ 1,050 First Aid/CPR certification card fees $ 3,000 Curriculum fee for access to NABTU industry -recognized MC3 curriculum and certification $ 2,066 Office supplies and postage $30,000 $10,000 negotiated contracts with three community-based nonprofits that have trusted relationships with communities that are underrepresented in trades — Inside Out Reentry Community, New Creations International Church, and the Center for Worker Justice of Eastern Iowa. These partners will provide assistance with publicity and participant recruitment; assistance with wraparound supports such as childcare, transportation, English tutoring; and program equity feedback IFInside Out Reentry Community 500 N. Clinton St. Iowa City, IA. 52245 (319)338-7996 www.insideoutreentrv.com July 6, 2022 To: Geoff Fruin, City Manager, City of Iowa City Re: University of Iowa Labor Center QPP ARPA Funding Proposal Construction Apprenticeship Opportunity Program Dear Mr. Fruin and Members of the Council: Inside Out Reentry Community is pleased to have the opportunity to be a partner with the University of Iowa Labor Center Quality Prcapprcnticeship Program (QPP) in its proposed Construction Apprenticeship Opportunity Program. The program addresses a significant need in Iowa City. Returning citizens face many obstacles in obtaining employment that provides secure, family -sustaining wages and benefits. The Covid-19 pandemic has exacerbated those problems. Preapprenticeship programs such as the Labor Center QPP have been found to play an important role in improving underrepresented groups' access to apprenticeships, as well as completion rates. The Construction Apprenticeship Opportunity Program appears uniquely positioned to make lasting progress in linking Iowa City area residents to living wage jobs over the next five years Inside Out Reentry is committed to contributing the following over the period of the grant: • Coordinate with the Labor Center to promote Registered Apprenticeship programs and skilled construction trades careers for returning citizens we serve, and to recruit people to participate in the Labor Center QPP. • Provide support to QPP participants that we have recruited from preapprenticeship through their Registered Apprenticeship to help assure their success. • Meet with participants referred to us by the QPP to assess their support needs, and provide available and appropriate support through our programs, or refer them to other appropriate programs for support. We are excited for this opportunity to partner with the Labor Center and the City of Iowa City in this effort to help Iowa City recover from the effects of the Covid-19 pandemic through providing opportunities for Iowa City residents, particularly those from communities currently underrepresented in the skilled construction trades, to launch careers in the skilled construction trades that will provide them with family sustaining wages and benefits now and throughout their careers. Michelle Heinz Executive Director Inside Out Reentry Community N C I C New Creations 1nternafionat Church 2929 E. Court St. Iowa City, Iowa 52245 Ph (319) 338-2877 Date: July 1, 2022 To: Geoff Fruin, City Manager, City of Iowa City From: Pastor Anthony Smith, New Creations International Church Re: University of Iowa Labor Center QPP ARPA Funding Proposal Construction Apprenticeship Opportunity Program Dear Mr. Fruin and Members of the Council: New Creations International Church is very pleased to have the opportunity to be a partner with the University of Iowa Labor Center Quality Preapprenticeship Program (QPP) in its proposed Construction Apprenticeship Opportunity Program and urge the Iowa City City Council to fund the program. The program addresses a significant need in Iowa City. We are a diverse congregation actively involved in the Iowa City community. Our congregation knows first-hand of the economic disparities in the Iowa City area, and the need for jobs that provide secure, family -sustaining wages and benefits. The Covid-19 pandemic has exacerbated those problems. Preapprenticeship programs such as the Labor Center QPP have been found to play an important role in improving underrepresented groups' access to apprenticeships, as well as completion rates. The Construction Apprenticeship Opportunity Program appears uniquely positioned to make lasting progress in linking Iowa City area residents to living wage jobs over the next five years New Creations International Church is committed to contributing the following over the period of the grant: • Coordinate with the Labor Center to promote Registered Apprenticeship programs and skilled construction trades careers for members of our congregation and others in the community, and to recruit people to participate in the Labor Center QPP. • Provide support to QPP participants that we have recruited from preapprenticeship through their Registered Apprenticeship to help assure their success. • Meet with participants referred to us by the QPP to assess their support needs, and provide available and appropriate support through our programs, or refer them to other appropriate programs for support. NEW CREATIONS IMERNPTIONAL CHORCHI2929 E COIIRT$TI IWA CITY, IA 912451 PH 31933R28r IHRP 9MCICHVROY COM N C I C Neiv Creations Intemational Chumh 2929 E. Court St. Iowa City, Iowa 52245 Ph (319) 338-2877 We are excited for this opportunity to partner with the Labor Center and the City of Iowa City in this effort to help Iowa City recover from the effects of the Covid-19 pandemic through providing opportunities for Iowa City residents, particularly those from communities currently underrepresented in the skilled construction trades, to launch careers in the skilled construction trades that will provide them with family sustaining w I'asss aa�nd benefits now and throughout their careers. Aton D. Senior . astor New Creations International Church 2929 E. Court St. Iowa City, IA 52245 Ph 319.338.2877 NEW CREATQN91NTEEMNCNL CHURCH 12929 E COUR7STI ICWA CIV, IA$ 22451 PH 319.338.2877 I H 1IINCICHuECH COM Center for Worker Justice of Eastern Iowa 1556 S. 1st Ave #C, Iowa City, IA 52240 1319-594-7593 1 info@cwjiowa.org Date: July 1, 2022 To: Geoff Fruin, City Manager, City of Iowa City From: Mazahir Salih, Executive Director, Center for Worker Justice of Eastern Iowa Re: University of Iowa Labor Center QPP ARPA Funding Proposal Construction Apprenticeship Opportunity Program Dear Mr. Fruin and Members of the Council: The Center for Worker Justice of Eastern Iowa is very pleased to have the opportunity to be a partner with the University of Iowa Labor Center Quality Preapprenticeship Program (QPP) in its proposed Construction Apprenticeship Opportunity Program and urge the Iowa City City Council to fund the program. The program addresses a significant need in Iowa City. CWJ is a diverse organization of low wage workers, including many immigrants and refugees. Many of our members, and people we serve, have suffered from a lack of jobs with secure schedules that provide family -sustaining wages and benefits. The Covid-19 pandemic has exacerbated those problems. Preapprenticeship programs such as the Labor Center QPP have been found to play an important role in improving underrepresented groups' access to apprenticeships, as well as completion rates. The Construction Apprenticeship Opportunity Program appears uniquely positioned to make lasting progress in linking Iowa City area residents to living wage jobs over the next five years. The Center for Worker Justice of Eastern Iowa is committed to contributing the following over the period of the grant: • Coordinate with the Labor Center to promote Registered Apprenticeship programs and skilled construction trades careers to the low-wage worker, immigrant, and refugee communities we serve, and to recruit people to participate in the Labor Center QPP. • Provide support to QPP participants that we have recruited from preapprenticeship through their Registered Apprenticeship to help assure their success. • Meet with participants referred to us by the QPP to assess their support needs, and provide available and appropriate support through our programs, or refer them to other appropriate programs for support. We are excited for this opportunity to partner with the Labor Center and the City of Iowa City in this effort to help Iowa City recover from the effects of the Covid-19 pandemic through providing opportunities for Iowa City residents, particularly those from communities currently underrepresented in the skilled construction trades, to launch careers in the skilled construction trades that will provide them with family sustaining wages and benefits now and throughout their careers. Respectfully, Mazahir Salih Executive Director The Center for Worker Justice of Eastern Iowa DEFEREED TO 11/15/2022 Prepared by: Cassandra Gripp, Grants Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution no. Resolution authorizing the Mayor to sign a State and Local Fiscal Recovery Fund (SLFRF) grant agreement with the University of Iowa Labor Center to administer the Quality Pre -apprenticeship Program (QPP). Whereas, the Quality Pre -apprenticeship Program ("QPP"), a program of Subrecipient, seeks to create a consistent and sustainable pathway for Iowa City residents, particularly those from historically marginalized communities that are underrepresented in the trades, to enter and succeed in Registered Apprenticeship programs and secure high-quality careers in the building and construction trades; and Whereas, according to the U.S. Department of Labor, women and minorities continue to face substantial barriers to entry into, and, for some groups, completion of registered apprenticeships, despite their availability; and Whereas, the COVID-19 pandemic has had a significant impact on increasing these disparities, including wage gaps and underrepresentation in the trades in Iowa City and elsewhere; and Whereas, the U.S. Department of Treasury allocated the City funds through the State and Local Fiscal Recovery Fund ("SLFRF") as part of the American Rescue Plan Act (aka, ARPA) to meet local needs; and Whereas, federal regulations permit the City to make subawards with SLFRF funds for the purpose of carrying out an eligible use under the SLFRF program; and Whereas, Subrecipient has proposed to the City a partnership with the QPP, in which Subrecipient will conduct an annually recurring cohort of the QPP for Iowa City residents each fall; and Whereas, both assistance for individuals seeing opportunities for economic advancement and the QPP proposal are eligible uses of SLFRF funds under 31 CFR 35.6; and Whereas, supporting workforce development initiatives within the City as set forth in the Subrecipient Grant Agreement is a public purpose; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Mayor is authorized to execute the attached Subrecipient Grant Agreement. 2. The City Manager is authorized to sign amendments to increase the budget for each activity by up to five percent (5%) and to sign other amendments to the Subrecipient Grant Agreement as needed. Passed and approved this day of October, 2022. Resolution No. Page 2 Attest: City Clerk Mayor Approved b�/* City Attorne s Office (Sue Dulek — 10/12/2022) SUBRECIPIENT GRANT AGREEMENT This Agreement is entered into between the City of Iowa City, a municipal corporation ("City") and the University of Iowa Labor Center ("Subrecipient") on October , 2022 in Iowa City, Iowa. Whereas, the Quality Pre -apprenticeship Program ("QPP"), a program of Subrecipient, seeks to create a consistent and sustainable pathway for Iowa City residents, particularly those from historically marginalized communities that are underrepresented in the trades, to enter and succeed in Registered Apprenticeship programs and secure high-quality careers in the building and construction trades; and Whereas, according to the U.S. Department of Labor, women and minorities continue to face substantial barriers to entry into, and, for some groups, completion of registered apprenticeships, despite their availability; and Whereas, the COVID-19 pandemic has had a significant impact on increasing these disparities, including wage gaps and underrepresentation in the trades in Iowa City and elsewhere; and Whereas, the U.S. Department of Treasury allocated the City funds through the State and Local Fiscal Recovery Fund ("SLFRF) as part of the American Rescue Plan Act (aka, ARPA) to meet local needs; and Whereas, federal regulations permit the City to make subawards with SLFRF funds for the purpose of carrying out an eligible use under the SLFRF program; and Whereas, Subrecipient has proposed to the City a partnership with the QPP, in which Subrecipient will conduct an annually recurring cohort of the QPP for Iowa City residents each fall; and Whereas, both assistance for individuals seeing opportunities for economic advancement and the QPP proposal are eligible uses of SLFRF funds under 31 CFR 35.6. Now, therefore, the City and Subrecipient agree as follows: 1. Effective Date and Term. This Agreement shall commence upon execution and remain in effect until December 31, 2026, unless terminated as provided herein. 2. SLFRF Funds. The City shall provide Subrecipient a total sum not to exceed $500,000 in SLFRF funds payable as provided herein. 3. Use of Funds. Subrecipient shall use the funds for the following activities: • Labor Center Staff o 20% for QPP Coordinator o 10% for two labor educators o Cost of contract with industry expert • Certification fees • Curriculum fees • Office supplies/postage • Negotiated contracts with program partners 4. Payment. The City shall pay Subrecipient quarterly within thirty (30) days of receipt of an approved reimbursement claim for QPP expenditures, not to exceed a QPP reimbursement of $100,000 annually for a total maximum reimbursement of $500,000. All SLFRF funds must be expended no later than December 31, 2026. The budget for the reimbursable expenditures is as follows: Budgeted Items Fall '22 Cohort Fall '23 Cohort Fall '24 Cohort Fall '25 Cohort Fall '26 Cohort Labor Center Staff $63,584 $63,584 $63,584 $63,584 $63,584 Certification Fees $1,350 $1,350 $1,350 $1,350 $1,350 Curriculum Fees $3,000 $3,000 $3,000 $3,000 $3,000 Office Supplies & Postage $2,06 ;;$30,000 $$3,000 $3,000 $3,000 $3,000 Negotiated Contracts $30,000 $30,000 $30,000 $30,000 5. Procurement. Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.317-326. 6. Quarterly Reporting. Subrecipient shall provide quarterly reports at of the end of each fiscal quarter on the ARPA-SLFRF Quarterly Report Form, which is incorporated herein. Such reports shall be delivered to the City not later than the tenth (1011) day following the end of each fiscal quarter (i.e., January 10, April 10, July 10 and October 10) and shall contain: a. The status of completion of the overall award, including all Activities; b. A narrative update of any progress made on each Activity during the quarter; c. The amount spent on each Activity during the quarter; d. A certification that, as of such reporting date and at all times since the previous reporting date (or if none, since the date of the Grant Agreement), Subrecipient is and has been in full compliance with all terms of the Agreement; and e. Invoice and documentation of expenses for which the Subrecipient is requesting reimbursement; and f. Such other items as the City shall reasonably request related to the Agreement. 7. Duplication of Benefits. By entering this agreement, the Subrecipient agrees to the following: a. The Subrecipient shall disclose all sources of actual and potential financial assistance. b. The Subrecipient agrees that the total financial assistance applied for does not exceed the total need. c. After entering into this agreement, the Subrecipient must notify the City of any additional financial assistance it receives for the activities listed herein. d. Any unreported financial assistance will be considered a failure to comply with this agreement. Duplication of benefits will result in the Subrecipient repaying ARPA funds to the City. 8. Close Out Reporting. The close out of this Agreement is governed by 2 CFR 200.343-.344. Subrecipient's obligation to the City shall not end until all close-out requirements are completed and the compliance period is over. 9. City and U.S. Treasury Recognition. Subrecipient shall insure recognition of the role of the City and the U.S. Treasury in providing funding through this Agreement. Additionally, any publication produced with the SLFRF funds must display the following language: This project is supported, in whole or in part, by federal awarded number SLFRP0047 awarded to the City of Iowa City by the U.S. Department of Treasury. 10. Termination. For Cause In accordance with 2 CFR 200.338-342, the City may terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and U.S. Treasury guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the City reports that are incorrect or incomplete in any material respect. Prior to a suspension or termination for the reasons in this paragraph (#4) the Subrecipient shall have fifteen (15) days following written notice from the City, to cure. The City shall be obligated to make no payment due hereunder if City has notified Subrecipient, in writing, of its intent to suspend or terminate this Agreement. In the event of termination, Subrecipient shall repay to the City the full amount of funds that have been disbursed to Subrecipient under the terms of this Agreement within thirty (30) days of receiving written notice from City of its intent to terminate this Agreement. The failure of City to insist upon strict performance of any of the covenants or conditions of the Agreement, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. For Convenience This Agreement may be terminated upon the mutual agreement of the parties hereto, in which case the City and the Subrecipient shall agree upon the termination conditions, including the effective date and the disposition of contract amounts. 11. SAM. Subrecipient shall maintain an active SAM registration at all times while this Agreement is in effect. 12. Documentation and Record Keeping. Records to be Maintained Subrecipient shall maintain all records required by the Federal regulations, which are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Financial records as required by 2 CFR 200.333-337; and C. Other records necessary to document compliance 2 CFR 200. Retention Subrecipient shall comply with the record retention requirements set forth in 2 CFR Part 200, Part D. Additionally, the Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement until January 31, 2030 ("retention period"). Such records include but are not limited to payroll, timekeeping records, invoices, receipts, purchase orders, bank statements, and cancelled checks. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the retention period, then such records must be retained until completion of the actions and resolution of all issues. 13. Audits & Insaections. Throughout the retention period, all Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with 2 CFR Part 200, Subpart F for the funded years 2022, 2023, and 2024 and to provide the City with a copy within thirty (30) days of receipt. 14. Use and Reversion of Assets. Subrecipient's use and disposition of real property and equipment under this Agreement shall comply with the requirements set forth in 2 CFR 200.311-313. 15. Notices. All notices required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the United States mail, postage prepaid, sent certified or registered, addressed as follows: a. If to Subrecipient, to: Director University of Iowa Labor Center 100 BioVentures Center, Room W130 The University of Iowa Iowa City, IA, 52242 b. If to the City, to: City Attorney City of Iowa City 410 East Washington Street Iowa City, IA 52240 or to such other address or person as hereafter designated in writing by the applicable party in the manner provided in this paragraph for the giving of notices 16. Non Discrimination. Subrecipient shall not permit any of the following terms and practices: A. To discharge from employment or refuse to hire any individual or to discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. B. Subrecipient shall not deny to any person its services on the basis of race, creed, color, national original, religion, sex, marital status, sexual orientation, gender identity, disability, or handicap status 17. Title VI of the Civil Rights Act of 1964. Subrecipient, its contractors, subcontractors, successors, transferees, and assignees, shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement. 18. Third Party Beneficiary/Independent Contractor. The City's sole responsibility hereunder shall be to provide the funds to Subrecipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Subrecipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondent superior, limited or general partnership, joint venture, or any association by reason of the Subrecipient's involvement with the City, nor shall the City have authority to direct the manner or means by which Subrecipient conducts activities. 19. Conflict of Interest. Iowa Law Upon signing this Agreement, Subrecipient 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. SLFRF Requirement Subrecipient shall maintain a conflict-of-interest policy consistent with 2 CFR 200.318(c) which is applicable to each activity funded with an SLFRF award. Subrecipient shall disclose to the City and to the U.S. Treasury any potential conflict of interest affecting the awarded funds in accordance with 2 CFR 200.112. 20. Indemnification. Each party agrees to release, indemnify and hold the other parties, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other parties or their servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. The City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. 21. Conflict of Laws/Venue/Jurisdiction. 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. 22. Amendment. All amendments shall be in writing and signed by both parties to this Agreement. 23. Severability. In the event any portion of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected thereby and shall continue to be valid and enforceable and if, for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable then such provision shall be deemed to be written, construed and enforced as so limited. 24. Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of both parties and their respective permitted successors, assigns and other legal representatives. Neither this Agreement nor the rights arising hereunder shall be assignable by either of the parties hereto to any third party without the prior written consent of the other party to this Agreement 25. Captions. The captions of the sections of this Agreement are for convenience of reference only and in no way define, limit or affect the scope or substance of any section of this Agreement. 26. Entire Agreement/Integration. This Agreement constitutes the entire agreement between the City and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Subrecipient with respect to this Agreement. 27. SLFRC Regulations. This Agreement is subject to the Final Rules issued by the U.S. Department of Treasury published on January 6, 2022 for the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. Subrecipient acknowledges that the U.S. Department of Treasury may amend the SLFRC regulations during the term of this Agreement, and Subrecipient agrees to comply with any applicable amended regulation. 28. Labor Standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. 29. Compliance with Laws and Guidelines. Subrecipient certifies that this Agreement will be conducted and administered in compliance with the federal laws, regulations, and Executive Orders contained in Exhibit B, which is attached and incorporated herein. In addition to the specific laws set forth in this Agreement, Subrecipient shall comply with all federal, state, and local laws. CITY OF IOWA CITY Mayor University of Iowa Labor Center Robin Clark -Bennett Director Approved: c � 3t1v DC7 •l�-d � City Attorney's Office Date Date EXHIBIT B CERTIFICATIONS Subrecipient hereby certifies that the grant will be conducted and administered in compliance with: (1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et seq.) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et seq.) as amended; and that the grantee will administer all programs and activities relatedto housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Orders 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect,- (9) ffect;(9) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42; (10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-122, A-128 and A-133 as they relate to the acceptance and use of federal funds under this federally -assisted program; (13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section 176 (c) and (d) [42 U.S.C. 7506 (c) and (d)]; (14) The Safe Drinking Water Act of 1974 (42 U.S.C. 201,300 (f) et.seq., and 21 U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)-303 (e)); (15) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.) as amended; including but not limited to section 7 (16 U.S.C. 1536) thereof; (16) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et.seq.); particularly section 3 (16 U.S.C. 469a-1); as amended by the Archeological and Historical Preservation Act of 1974; (17) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended; particularly sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)]; (18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.); particularly sections 2 and 5,- (19) ;(19) Lead -Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et. seq.) ; (20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended; particularly section 106 (16 U.S.C. 470f); and (21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.); particularly section 2(c). (22) Construction work financed in whole or in part with federal funds is subject to the prevailing wage requirements of the Davis -Bacon Act (29 CFR, Parts 3 and 5), the Copeland Act (29 CFR Part 3), and the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). When a project meets this applicability requirement, the labor standards provision of the HUD 4010 and the Davis- Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be incorporated into all construction contracts and subcontracts of any tier thereunder. (23) No ARPA funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed (24 CFR Part 87). (a) No federally appropriated funds have been or will be paid, by or on behalf of subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (24) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure, abatement procedures and disposal. (CPD -90-44 EPA/OSHA). (25) Compliance with Applicable Law and Regulations. (a) Subrecipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to sections 602(f) and 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. (b) Federal regulations applicable to this award include, without limitation , the following: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F - Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to thisaward. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governrnentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, 10 Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. (c) Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (26) Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in 11 Congress; whole or in part by this federal assistance. (a) In accordance with 41 U.S.C. § 4712, Subecipient may not discharge, demote , or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (b) The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. (c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. (27) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company-owned rented or personally owned vehicles. (28) Reducing Text MessagingWhile Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies to decrease accidents caused by distracted drivers. (29) Appendix II to 2 CFR Part 200. Subrecipient shall comply with the following: 12 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., P. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Debarment and Suspension (Executive Orders 12549 and 12689) - A subcontract must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. § 200.322. (a)As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 13 (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 14 To be completed by City: Subrecipient Name: University of Iowa Labor Center Project Name: Quality Pre -apprenticeship Program Project ID Number: D9005 Subaward No.: SLFRF6 Total Award: $500,000 CITY OF IOWA CITY ARPA-SLFRF Quarterly Report Form Reporting Period (select one): ❑ Jan -Mar (Q1) ❑ Apr -June (Q2) ❑ July -Sept (Q3) Amount of Costs Incurred (cumulative, to -date): $ Click or tap here to enter text Amount Expended (cumulative, to -date): $ Click or tap here to enter text. Program Income Earned (cumulative, to -date): $ Click or tap here tc enter text. Program Income Expended (cumulative, to -date): $ Click or tap here to enter text. Completion Status: Brief Description of Project Accomplishments for the Quarter: Subaward Specific Data: Current Cohort: • Number of Iowa City Residents enrolled in Cohort: • Percentage from underrepresented groups: • Percentage of Iowa City enrollees graduated from cohort: Cumulative: • Number of Iowa City enrollees graduated from cohort: • Percentage of graduates employed in construction trades and/or apprenticeship programs within one year of graduating: Signature Date ❑ Oct -Dec (Q4) Item Number: 11. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT November 1, 2022 Resolution Opposing Public Measure #1, the `Keep and Bear Arms Constitutional Amendment' Ballot Referendum. Prepared By: Rachel Kilburg, Assistant City Manager Reviewed By: Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Public Measure #1, the Right to Keep and Bear Arms Amendment, is on the 2022 November General Election ballot in Iowa as a legislatively referred constitutional amendment. This resolution formalizes City Council opposition and urges residents to vote no to the measure. Background /Analysis: ATTACHMENTS: Description Resolution j i �� gib& II welu"l 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 — November 1, 2022 — Formal Meeting Information submitted between distribution of packet on Thursday and 4:OOpm on Monday. Late Addition(s): Proclamations 1.a Change Your Clock, Change Your Battery Day — See proclamation. Late Handout(s): Consent Calendar 5.a 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue — See revised resolution. 11. Public Measure #1, the 'Keep and Bear Arms Constitutional Amendment Ballot Referendum — See correspondence from Temple Hiatt, Caro! deProsse (x2). Kellie Fruehling Late Handouts Distributed 11 From: Temple Hiatt <templehiatt@yahoo.com> (Date) Sent: Wednesday, October 19, 2022 8:30 PM To: *City Council Subject: Gun Safety on the Nov. Ballot Attachments: We sent you safe versions of your files; Iowa - Vote No on Public Measure 1.pdf; RESOLUTION.pdf ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Dear Council, Below are the public comments I made asking the Council to make a public statement or pass a resolution opposing Public Measure 1. I'm including with two additional paragraphs in italics that were omitted due to time constraints. Attached, please find a handout from Everytown along with a sample Resolution that was prepared for the Johnson County Board of Supervisors. The ICCSD Board chose to make a public statement opposing Public Measure 1 by way of a letter to the editor that was published in the Daily Iowan. https://dailyiowan.com/2022/10/16/letter-to-the-editor-iccsd-school-board-voting-no-to-qun- amendment Thank you in advance for your time and consideration. Sincerely, Temple Hiatt My name is Temple Hiatt. I'm speaking on behalf of the Johnson County group of Moms Demand Action for Gun Sense in America. Gun safety is on the ballot in Iowa this year as voters consider a constitutional amendment. I'm here today to ask the Council to make a public statement or pass a resolution opposing Public Measure 1. Iowans of course have the right to own a gun and we have the U.S. Constitution that guarantees this. But this amendment doesn't do what it says it does. It's funded by out of state special interests who put profits over people. And instead of protecting our rights, this confusing amendment will weaken our current laws, make us less safe and even put law enforcement in danger. This ballot measure will make it even harder for police and other law enforcement officers to enforce the law and do their job. 1 The ballot will read "The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny." Strict Scrutiny is NOT in the US second amendment. Strict Scrutiny is what makes THIS amendment very different and very extreme. The gun lobby claims that strict scrutiny amendments "restore" the right to keep and bear arms, when what they really do is threaten public safety laws forcing judges to apply the highest judicial standard when analyzing firearm -related laws. Only three other states have a similar version: Alabama, Louisiana, & Missouri. All three of these states rank in the top five for highest rates of gun deaths in the US. In Louisiana, after strict scrutiny passed, a convicted domestic abuser challenged the constitutionality of a state law prohibiting possession of a firearm by people convicted of misdemeanor domestic violence crimes. After strict scrutiny amendments passed in Louisiana and Missouri, convicted felons challenged state laws that prohibit felons from possessing firearms. At least one lower court found that Louisiana's law prohibiting felons from having guns was unconstitutional. Fortunately, the Louisiana Supreme Court reversed this ruling. This extreme approach would invite frivolous litigation, undermine decades of case law in the state courts and put in jeopardy many moderate, common sense gun laws. Here's what's at stake in Iowa: Iowa's current laws Keep felons from having firearms. Keep perpetrators of domestic violence from having firearms. Keep guns out of schools. Keep restrictions on machine guns and other "offensive weapons." These are the types of laws, if challenged under this extreme version of the second amendment, might be declared unconstitutional. This proposed amendment would also restrict future legislatures from passing future gun safety legislation, like reinstating our permitting laws. The bottom line is this proposed amendment won't make Iowa safer. I encourage voters to text the word IOWA to 644-33 to learn more, then turn the ballot over and vote NO. 2 OBINMI EVERYTOWN FOR GUN SAFETY VICTORY FUND Vote NO on Public Measure #t to Protect Iowa's Gun Safety Laws Bottom Line: Public Measure #1 is a dangerous proposed amendment to the Iowa Constitution that would endanger communities by requiring courts to apply "strict scrutiny," the most severe form of judicial analysis when ruling on challenges to firearm -related laws, rules, and regulations. Public Measure #1 would threaten basic public safety protections, including laws that prohibit gun possession by convicted felons and domestic abusers. Voters should vote NO on Public Measure #1. ❑ Public Measure #1 would force Iowa courts to evaluate firearm -related laws using "strict scrutiny," jeopardizing basic, common-sense public safety laws in Iowa. ➢ The gun lobby claims that strict scrutiny amendments "restore" the right to keep and bear arms—when what they really do is threaten public safety laws by forcing judges to apply the highest judicial standard when analyzing firearm -related laws. This standard is not required by the Supreme Court's recent decision in New York State Rifle & Pistol Assn., Inc. v. Bruen. ➢ If adopted, strict scrutiny would threaten to eliminate gun laws in the state, including: ■ Prohibitions on gun possession by convicted felons: Iowa prohibits felons from possessing firearms. After strict scrutiny amendments were adopted in Louisiana and Missouri, convicted felons challenged laws in those states that prohibit felons from possessing firearms.' A lower court found that the Louisiana's law prohibiting felons from having guns was unconstitutional. Fortunately, the Louisiana Supreme Court reversed this ruling.' A similar ruling in Iowa is not guaranteed. • Prohibitions on gun possession by domestic abusers: Iowa prohibits some domestic abusers from possessing firearms and requires them to relinquish the firearms they possess. In Louisiana, after strict scrutiny passed, a convicted domestic abuser challenged the constitutionality of a state law prohibiting possession of a firearm by people convicted of misdemeanor domestic violence crimes.' ■ Minimum age, secure storage, and sensitive areas restrictions: Strict scrutiny would directly threaten Iowa's public safety laws, including laws and regulations that prohibit transferring firearms to people under certain ages,' require firearms to be securely stored,' and prohibit firearms in sensitive areas, including public college campuses.' ❑ Public Measure #1 would leave taxpayers on the hook for costly litigation. ➢ The Missouri State Auditor determined that Louisiana's strict scrutiny amendment had required "significant time, effort, and expenditures by Louisiana's public defender and district attorney's offices," imposing "significant workload and related costs on the Louisiana government."' The auditor projected that a strict scrutiny amendment in Missouri would result in lawsuits challenging state gun law that would cost Missouri taxpayers hundreds of millions of dollars.' Paid for by the Everytown for Gun Safety Victory Fund, gunsensevoter.org, and not authorized by any candidate or candidate's committee. See, e.g., State v. McCoy, 468 S.W.3d 892 (MO 2015); State v. Eberhardt, 145 So. 3d 377 (LA 2014). 2 State v. Taylor, 24th Judicial Dist. Ct. for Parish of Jefferson (2014). 3 State v. Smith, 2015 LA. App. LEXIS 2737 (2015). 4 Iowa Code § 724.22(1), (2). 5 Iowa Code § 724.22(7). 6 681 Iowa Admin. Code 9.1(2)(g). 7 Missouri State Auditor, Fiscal Note (14 -SJR 36), June 12, 2014. 8 Id. JOHNSON COUNTY BOARD OF SUPERVISORS RESOLUTION OPPOSING PUBLIC MEASURE 1 WHEREAS, research shows that states with weaker gun laws have higher rates of gun violence. WHEREAS, the rate of gun deaths has increased 56% from 2011 to 2020 in Iowa, compared to a 33% increase nationwide. This means that in 2020 there were 131 more gun deaths than in 2011. WHEREAS, between 2011 and 2020, Iowa's gun homicide rate increased 168 percent—a higher increase than experienced by 5 out of Iowa's neighboring 6 states. WHEREAS, gun violence costs Iowa $4.2 billion dollars each year. This cost includes state medical care, first responders, ambulances, police, and criminal justice services related to gun violence. WHEREAS, Iowa voters will vote on a proposed gun amendment to the Iowa constitution in the 2022 November General Election. WHEREAS, the Second Amendment to the U.S. Constitution protects our right to own a gun; WHEREAS, this proposed gun amendment includes the phrase "any and all restrictions shall be subject to strict scrutiny," which is not found in the Second Amendment to the U.S. Constitution; WHEREAS, only Louisiana, Missouri and Alabama have a similar version of this proposed "strict scrutiny" gun amendment and all three states rank in the top five for highest rates of gun deaths in the U.S.; WHEREAS, if passed, this proposed gun amendment will threaten current public safety laws. A person could sue to overturn gun safety protections in our state, including laws that prohibit felons and domestic abusers from possessing firearms; WHEREAS, if, passed, this proposed gun amendment will invite costly, frivolous lawsuits, putting taxpayers on the hook for the cost of litigation to defend our current public safety laws; WHEREAS, if passed, this proposed gun amendment will make it even harder for the police and other law enforcement officers to enforce the law and do their job. WHEREAS, if passed, this proposed gun amendment will restrict future legislatures from passing future gun safety legislation like permitting, secure storage, and red -flag laws. Now, therefore, be it resolved by the Johnson County Board of Supervisors that 1. said Board opposes Public Measure 1, the proposed gun amendment, on the ballot in the 2022 November General Election 2. said Board encourages all voters to vote NO to Public Measure 1, the proposed gun amendment on the ballot in the 2022 November General Election. NOW, THEREFORE, be it resolved by the Board: Passed and approved on this day of October, 2022. Board President: Kellie Fruehling Late Handouts Distributed From: Carol deProsse <lonetreefox@mac.com> Sent: Tuesday, October 25, 2022 7:51 AM To: *City Council Subject: Linn CA and Linn County Sheriff Speak Out (Date) ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** GUEST COLUMN NICK MAYBANKS AND BRIAN GARDNER Vote no on state gun amendment As Linn County attorney and Linn County sheriff, we are vested with the sacred duty of protecting the public safety of the citizens of Linn County. The Linn County sheriff is tasked with enforcing the laws of the state of Iowa and the Linn County attorney is charged with prosecuting the of- fenders of those Laws., We are concerned about the rise in violent crime in our nation and in particular. the rise in violent crime involving guns in Linn Coun- ty. Over the last three years, the Linn County Attorney's Office has seen a Mo percent increase in felony charges involving guns. To perform our jobs effectively we need proper tools and enforcement mechanisms. We need smart and effective laws that reasonably regulate the im- proper use of firearms_ At a time of increasing gun violence, failing to allow for common-sense gun laws makes absolutely no sense and greatly endangers all of us, The passage of Public. pleasure 1, the gun amendment on the back of the Nov. 8 ballot. would handcuff police officers on the streets from preventing gun violence. Handcuffs should go on criminals, not on cops. It would strike down laws on the books that prosecutors use to hold gun offenders accountable. it would prevent our children and grandchil- dren from passing reasonable gun regulations in the future. We need the voters to say' No" to Public Measure 1. We are not "anti -gun" and we are not "anti -Second Amendment." We are not proposing that guns be tak- en from lawful owners. We support the right of law-abiding citizens to own and carry' a gun. Iowa citizens already have these rights under the Second Amendment. The Iowa gun amendment reads as follows: "The right of the people to keep and bear arms shall not be in- fringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual tight. Any and all restrictions of this right shall be subject to strict .scrutiny'." This gun amendment is not just an Iowa version of the Second Amendment. Proponents of Pub - 2 Kellie Fruehling Late Handouts Distributed. /0 --3)— 1t From: Carol deProsse <lonetreefox@mac.com> (Date) Sent: Monday, October 31, 2022 8:39 AM To: *City Council Subject: Johnson County Board of Supervisors pass resolution opposing loosening gun restrictions - The Daily Iowan ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** httos://dailyiowan.com/2022/10127/Johnson-county-boar;i r;f-supervisors-pass-resolution-opposing-loosenine-gun- restrictions/ 1 Prepared by: Rachel Kilburg, City Manager's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5014 Resolution No. 22-278 Resolution Opposing Public Measure #1, the `Keep and Bear Arms Constitutional Amendment' Ballot Referendum Whereas, research shows states with weaker gun laws have higher rates of gun violence; and Whereas, the rate of gun deaths in Iowa has increased 56% from 2011 to 2020, compared to a 33% increase nationwide; and Whereas, between 2011 and 2020, Iowa's gun homicide rate increased 168%, which is a larger increase than five out of Iowa's six neighboring states; and Whereas, the Second Amendment of the U.S. Constitution protects the right to own a gun; and Whereas, Public Measure #1, the Right to Keep and Bear Arms Amendment, is on the 2022 November General Election ballot in Iowa as a legislatively referred constitutional amendment; and Whereas, this proposed amendment requires strict scrutiny, the highest level of judicial review, for any and all gun rights restrictions, which is language not found in the Second Amendment of the U.S. Constitution; and Whereas, only Louisiana, Missouri, and Alabama have adopted similar constitutional amendments requiring strict scrutiny and all three states rank among the top five for highest rates of gun deaths in the United States; and Whereas, if passed, the proposed amendment would threaten current gun safety laws such as those that prohibit felons from possessing firearms, invite costly litigation, impose barriers upon violence prevention efforts, contribute to overburdened wraparound service programs, and restrict future legislators from passing gun safety legislation on issues such as red flag laws, permitting, age restrictions, and storage laws. Now, therefore, be it resolved that the Iowa City City Council hereby: 1. Opposes Public Measure 1, the Right to Keep and Bear Arms Amendment, the proposed gun amendment on the ballot in the 2022 November Election; and 2. Encourages all voters to vote "NO" to Public Measure 1. Passed and approved this 1st day of November 120 22 Ma o Approved by Attest: Cit Clerk X City Attorne 's Office — 10/26/2022 Resolution No. 22-278 — Page _? It was moved by Alter and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X _ Alter X __ Bergus X Harmsen Taylor _ Teague — x Thomas x X — Weiner X _ _ Item Number: 12. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT November 1, 2022 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Prepared By: Kellie K. Fruehling, City Clerk Reviewed By: Sue Dulek, Assistant City Attorney Fiscal Impact: No impact Recommendations: Staff: Approval 19TOT, 711"ITIMMMIN0I/G1 Attachments: Resolution w/ Exhibits A and B Executive Summary: This resolution is to adopt an assessment schedule for unpaid mowing, property clean-up, snow removal, sidewalk repair, and stop box repair. Background /Analysis: The City has the authority under Iowa Code §364.136 to assess the nuisance abatement costs in the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to be assessed against the property. This assessment is being pursued only after the City took many steps to resolve the matter. The City notified the property owners to abate the nuisance (for example, to remove snow from the sidewalk) and after the owner did not take action to abate the nuisance, the City abated the nuisance and billed the owner. After being billed at least twice, these owners still have not paid the abatement costs with one exception. The owner of the proposed assessment for 841 S. 7th Ave. has only been billed once because the property is in foreclosure. The assessment against this property is also pursuant to a court order. The City has sent a letter to the owners giving them notice that this resolution would be on the agenda, a copy of which is attached to the resolution. No interest will be charged if the owner pays within 30 days of the first required publication. Attached as an exhibit to the resolution is a list of the properties that will be assessed and the amount that will be assessed. UA A IFMQ: I M I =I Z k &V Description Resolution Exhibit A i:0 1110m Prepared by: Kellie Fruehling, 410 E. Washington St., Iowa City, IA 52240-319-356-5040 Resolution No. 22-279 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Whereas, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; and Whereas, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; and Whereas, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and Whereas, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on December 15, 2022. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until December 14, 2022, payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Resolution No. 22-279 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 1st day of November Ma r Approve y Attest: I )'-ej f' --s Ci Clerk City Attorne s Office (Sue Dulek — 10/27/2022) It was moved by Bergus and seconded by adopted, and upon roll call there was: AYES: x 2022. Alter the Resolution be NAYS: ABSENT: Alter Bergus Harmsen Taylor Teague Thomas Weiner EXHIBIT A CMC—A! v --10 CMnUl acMnVAI IMP RnY RPPAiR. AND PROPERTY CLEANUP u1 r yr ivvr.+�..�����,.�,., �.., ,.....,��.,, .,,., �.., ..._.. .._..._...- -•----.._.. _--.... -• ---- -- - - . Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 2249 DAVIS ST HOLLYWOOD MANOR ADDITION PART 5 LOT 283 1023261009 $ 155,500.00 PRIME PROPERTIES LLC Special Pickup 8/26/2021 $ 96.50 88571 $ 96.50 r =tZ -4 om CITY OF IOWA CITY EXHIBIT B 410 East Washington Street Iowa City. Iowa S2240-1826 (3 19) 356-5000 October 25, 2022 (319) 356-5009 FAX www.icgov.org «Property_Owner» «Mailing_Address» «City», «State», «Zip» Dear Property Owner: This is to notify you that the City Council will be considering a resolution on November 1, 2022 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. The City Council meeting begins at 6:00 pm and is held at Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa. If you want to challenge the assessment, you are advised to come to the City Council meeting. You may also submit a letter or email to the City Council. The mailing address is: City Council, % City Clerk, 410 E. Washington St., Iowa City, IA 52240 and the email address is council(a)-iowa-city.org Please note that all communication with City Council is a public record. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356-5043. Sincerely, Kellie Fruehling City Clerk Enc. Copy to: Accounting Division -w/o enc. EXHIBIT A CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL. SIDEWALK REPAIR SNOW RFMnVAI STnP RnX RFPAIR ANn PRnPFRTY fl FAVI IP Property Legal Description Parcel Service(s) Cost of Balance Address Number Appraised Value Property Owner Rendered Date of Service(s) Servicenvoice # Outstanding 2249 DAVIS ST HOLLYWOOD MANOR ADDITION PART 5 LOT 1 283 1023261009 $ 155,500.00 PRIME PROPERTIES LLC Special Pickup 8/26/2021 96.50 88571 $ 96.50 YAKISH ESTATES SUBDIVISION LOT 2 EXC 1014321004 THAT LAND CONVEYED TO CITY OF IOWA 712 REAL ESTATE PARTNERS 1312 SPRUCE ST CITY FOR ROW AS DESC IN BK 4733,PG 925 $ 189,250.00 LLC Special PickUp 5/6/2022 $ 51.50 91960 $ 51.50 RUNDELL ADDITION LOT 12 BILK 13 VERMACE, RANDY 841 S 7TH AVE 14283020 $ 143,760.00 ERMACE MARTI M Prope lean Up 4/15/2022 $ 350.00 14791 $ 350.00