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HomeMy WebLinkAbout2009-10-06 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 09-~ ~ a RESOLUTION TO ISSUE DANCING PERMIT 4~ U3) BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Blue Moose - 211 Iowa Avenue Passed and approved this 6th day oI ATTEST: ~ z~~~~`2sv CIT ERK City Attorney's Office is ~>~B~ It was moved by Champion and seconded by o' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey g Champion x Correia x Hayek _~ O'Donnell x Wilburn x Wright ~n .,~ ~~ 4d 1 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-320 RESOLUTION SETTING PUBLIC HEARING FOR OCTOBER 20, 2009, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 983 Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to purchase 983 Longfellow Place for the principal sum of $145,000; and WHEREAS, this sale would provide the opportunity for aloes-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 983 Longfellow Place, Iowa City, Iowa, also known as Unit 983 Longfellow Place of Lot 10, Longfellow Manor Condominiums, for the sum of $145,000. Resolution No. 09-320 Page 2 2. A public hearing on said proposal should be and is hereby set for October 20, 2009, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by rhamgi on and seconded by n ~ llnnnP 1 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X ~- x x x ~- Passed and approved this 6th day of Approved by ~~ i -3 ads Bailey Champion Correia Hayek O'Donnell Wilburn Wright City Attorney's Office ATTEST: ' CIT ~ELERK M~ 4d 2 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. n9-~~~ RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2010 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., October 20, 2009, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2010 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this f,rh day of (lrtnhc~r , 20~_. ATTEST: ! y CITY LERK City Attorney's Office It was moved by Champion and seconded by n~nonnel L the Resolution be adopted, and upon roll call there were: AYES: ~- x x ~_ x ~._ x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright finadmVes\operbdg9-09. doc 10-06-0~ 4e 1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 09-~ 2 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A THIRD MORTGAGE FOR THE PROPERTY LOCATED AT 2750 IRVING AVENUE, IOWA CITY, IOWA. WHEREAS, on March 15, 2002, the owners executed a Third Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release the lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located 2750 Irving Avenue, Iowa City, Iowa from a Third Mortgage recorded March 25, 2002, Book 3257, Page 373 through Page 376 of the Johnson County Recorder's Office. Passed and approved this 6th day of October , 20 09 ATTEST: C ~- Ap roved ~i/ City Attorney's Office It was moved by ('.hampi on and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey ~_ Champion x Correia x Hayek x O'Donnell g Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): William H. Bryant and Deborah L. Bryant Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 2750 Irving Avenue, Iowa City, Iowa, and legally described as follows: Lot 57 of the resubdivision of Lot 51, Walden Hills, Iowa City, Iowa, according to the plat of said subdivision recorded in Book 38, Page 327, Plat Records of Johnson County, Iowa. from an obligation of the owners, William H. Bryant and Deborah L. Bryant, to the City of Iowa City represented by a Third Mortgage recorded March 25, 2002, Book 3257, Page 373 through Page 376 of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. /~ _ 'i~ /~ ATTEST: ~~~~-~' CI LERK City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this (~,_ day of yc~l~BE2 , A.D. 20~ before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Manan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.09- 3da, adopted by the City Council on the ~ day 1~c~ra J3~R , 20 vim. and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o,~"~s SONDRAE FORT SanAG~g,~ ~~ Z ~ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires low 3 a?D ~ M-~~ October 6 ,2009 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at ~ : 0O o'clock P .M., on the above date. There were present Mayor Bailey , in the chair, and the following named Council Members: Rail~.~-- C:ham~ion~ ('.orreia~~~~.k~(l~nonnell, Absent: None ******* The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $10,000,000 Parking System Revenue Refunding Capital Loan Notes, Series 2009F, in order to provide funds to pay costs of the refunding of outstanding parking revenue indebtedness, including the Series 1999 Parking System Revenue Bonds, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes, had been published pursuant to the provisions of Sections 384.24A and 384.83 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any-city resident or property owner to the proposal. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Wilburn introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F", and moved: ® that the Resolution be adopted. ^ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of , 2009, at this place. Council Member Hayek seconded the motion. The roll was called and the vote was, AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 09-323 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $10,000,000 Parking System Revenue Refunding Capital Loan Notes, Series 2009F, for the purpose of paying costs of the refunding of outstanding parking revenue indebtedness, including the Series 1999 Parking System Revenue Bonds, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $10,000,000 Parking System Revenue Refunding Capital Loan Notes, Series 2009F, for the foregoing purpose. Section 2. That the receipt of electronic bids by facsimile machine and through PARITY® competitive bidding is hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Notes. PASSED AND APPROVED this 6th day of October , 2009. ATTEST: _ ~~ City erk CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 7th day of October , 2009. ~~ City erk, City of Iowa City, State of Iowa (SEAL) 629255.1 /MSWord10714.097 M+~ 12 Prepared by: Ron Knoche, City Engineer, 410 E. Washington Street, Iowa City, IA 52240; (319) 356-5138 RESOLUTION NO. 09-324 RESOLUTION APPROVING, AUTHORZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. WHEREAS, two water main crossings under the Iowa River were partially exposed during the 2008 Flood; and WHEREAS, the City desires to repair the exposed water mains to prevent further damage to the City's water main infrastructure; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design drawings, specifications for bidding and construction, and construction inspection services for the Iowa River Water Main Crossings Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company for said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 the City Clerk are hereby authorized and directed to execute the attached Consultants Agreement. Passed and approved this 6th day of October ATTEST: ~ ,~ CI--/fLERK 2009. ~~'~~ Attorney's Office q~~~,~ ~, q Resolution No. 09-324 Page 2 It was moved by Hayek and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright Section IV CONSULTANT AGREEMENT -~. THIS AGREEMENT, made and entered into this ~ day of ~c-To8~rz- , 2009, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Howard R. Green Company (HR Green), of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. WHEREAS the City desires to replace two water main river crossings of the Iowa River that were partially exposed in the flooding of June 2008, the Consultant shall perform design, bidding, and construction phase engineering services as defined in the scope of services as follows. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Project Scopinq Submit draft Agreement including scope of services, schedule, and fee. 2. Receive City comments on draft Agreement, scope, schedule, and fee. 3. Revise and resubmit Agreement, scope, schedule, and fee based on City's comments. 4. Proceed with the project upon approval by City and receipt of signed Agreement. Preliminary and General Work Conduct a kickoff meeting with City to review the project scope, schedule, and fee, and to discuss key elements. 2. Conduct a kickoff meeting with HR Green project team to review the project scope, schedule, fee, and key elements. 3. Collect maps, drawings, specifications, reports, and other pertinent information from City. 4. Perform design survey and base mapping services of the project areas, to include topographic and utility location surveying. 5. Geotechnical subsurface exploration and report were completed for the project prior to this Agreement. Geotechnical assistance regarding design and construction of the pipeline crossings will be provided by Terracon Consultants, Inc. as part of these Design Phase Services. 6. Provide project management throughout the project. -2- Design Phase Services Section IV Prepare construction drawings, anticipated as 7 sheets to include the following: 1. Cover Sheet with Index, Vicinity Map, and Location Map 2. Plan and Profile -Water Main River Crossing at Highway 6 3. Connection Details and Notes -Highway 6 4. Plan and Profile -Water Main River Crossing at Madison Street 5. Connection Details and Notes -Madison Street 6. Water Main Misc. Details and Notes 7. Water Main Misc. Details and Notes 2. Prepare construction specifications and contract documents. 3. Prepare an opinion of probable cost for the project at the 50% and 90% complete milestones. Perform cost trending to identify elements of the current design that have either increased or decreased the construction and/or engineering cost or time. 4. Perform QA/QC review of drawings, specifications, contract documents, and opinion of probable cost at the 50% and 90% complete milestones. 5. Submit 6 copies of the drawings, specifications, contract documents, and opinion of probable cost at the 50% and 90% complete milestones to City staff for review. Submit copies of review documents to City staff one week prior to each project status meeting. 6. Conduct project status meetings with City staff to review the 50% and 90% complete documents, discuss content and schedule of remaining work, and receive comments and approvals of these efforts. Incorporate City comments as agreed upon in the project status meetings. 7. Conduct project status meetings with University of Iowa staff to review the 50% and 90% complete documents, discuss content and schedule of remaining work, and receive comments and approvals of these efforts. Incorporate U of I comments as agreed upon in the project status meetings and confirmed by City. 8. Prepare final drawings, specifications, and contract documents incorporating comments as agreed upon in the 90% complete review meeting. 9. Provide a final opinion of probable cost for the project to file with the completed documents. 10. Furnish 6 copies of the final drawings, specifications, contract documents, and opinion of probable cost to City. 11. Prepare and submit permit applications necessary for approval of construction of the proposed improvements. These include IDNR Water Supply Construction Permit and IDNR/USACOE Joint Nationwide Permit for Construction in Floodplain. 12. Develop a final project schedule for advertisement, bidding, and construction completion. Bidding Phase Services Print the required number of drawings, specifications, and contract documents for distribution to prospective bidders, suppliers, and plan rooms for the project. Anticipated to be 40 sets of documents. -3- Section IV 2. Advertise for bids for the construction of the project by mailing an informal Notice of Project to prospective bidders and suppliers. City shall publish the legal Notice of Hearing and Letting for the project in a local newspaper. 3. Furnish copies of drawings, specifications, and contract documents to prospective bidders, suppliers, plan rooms, and other interested parties. 4. Receive and process deposits for bidding documents and maintain a record of parties to whom bidding documents have been issued. 5. Correspond with prospective bidders, suppliers, and other interested parties with questions and comments during the bid period. 6. Prepare and issue addenda as appropriate to interpret, clarify, or expand bidding documents. 7. Coordinate and conduct apre-bid meeting and distribute minutes of the meeting to all attendees. 8. Attend the bid opening and assist City with opening of bids. 9. Prepare bid tabulation sheets and distribute to City and all plan holders. 10. Assist City in evaluating bids and awarding a construction contract. Issue a Notice of Award to contractor. 11. Prepare construction contract documents and submit to contractor for completion. 12. Review and submit the executed contract documents to City for approval. Construction Phase Services 1. Coordinate and conduct a preconstruction conference with representatives of City, contractor, subcontractors, engineer, and other public and private utility companies, and distribute minutes of the meeting to all attendees. Issue a Notice to Proceed to contractor. 2. Establish control points and benchmarks for the contractor's use in his detailed staking of the project. 3. Review any necessary shop drawings, samples, and manufacturer's data furnished by contractor. The shop drawing reviews will be completed in accordance with the project specifications. 4. Provide general correspondence with City, contractor, subcontractors, and suppliers throughout the project duration, estimated as 4-month construction duration. Act as City's representative, consult with and advise City, issue instructions to contractor, and have the authority to act on behalf of City. Interpret the intent of the drawings, specifications, and contract documents to protect City against defects and deficiencies in construction on the part of contractor, however, the Engineer cannot guarantee the performance of any contractor. Three hours per week for the estimated construction duration of 4 months, or 17 weeks, is planned. A total of 52 hours is budgeted. 5. Provide intermittent engineering review of the work of the contractor as construction progresses to ascertain that the contractor is conforming to the design concept. Two site visits per month by the project engineer are proposed during the 4-month construction duration. A total of 64 hours and 8 trips are budgeted. -4- Section IV 6. Provide routine resident project representative construction observation of the work of the contractor to assure proper verification of methods and materials used. Approximately half-time construction observation consisting of two-to-three days per week throughout the construction duration of 4 months, or 17 weeks, is proposed. A total of 344 hours and 43 trips are budgeted. 7. Attend regularly scheduled jobsite construction progress meetings conducted by the contractor, estimated at a frequency of once per month for the 4-month construction duration included in the intermittent engineering review. 8. Review contractor's applications for monthly progress payments and final payment, and when approved submit to City for payment. Estimated at a frequency of once per month for the 4-month construction duration. A total of 8 hours is budgeted. 9. Review contractor's requests for change orders, advise City of the merit and reasonableness of requests, and when finalized submit to City for approval. Estimated at a frequency of once per month for the 4-month construction duration. A total of 8 hours is budgeted. 10. HR Green will not attend monthly City Council meetings for this project. City staff shall report on the progress of the project and present contractor's applications for payments and change orders for approval. 11. Submit to City a statement of substantial completion for the project. 12. Conduct one pre-final inspection and develop a punchlist of items remaining to be completed by contractor. Estimated as one trip by project engineer. A total of 8 hours and one trip are budgeted. 13. Conduct one final inspection to verify completion of punchlist items by contractor. A total of 8 hours and one trip are budgeted. 14. Submit to City a statement of final completion for the project, and obtain from City written final acceptance of the completed project. 15. Prepare record drawings based on construction records provided by contractor and reviewed by resident project representative construction observer. Provide to City both reproducible hard copy drawings and electronic AutoCAD files on CD. 11. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Signed Agreement and notice to proceed by: October 9, 2009 B. Preliminary work and information collection by: October 16, 2009 C. 50% complete review meeting by: November 6, 2009 D. 90% complete review meeting by: November 25, 2009 E. Submit final documents to City and IDNR by: December 4, 2009 F. Advertise for Bids by: December 4, 2009 G. Hearing and letting, bid opening, award contract by: January 8, 2010 H. Pre-construction conference, notice to proceed by: February 1, 2010 I. Project completion by: May 28, 2010 III. GENERAL TERMS - 5 - Section IV A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all 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 IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall pertorm 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. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the Gity to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. - 6 - Section IV K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Fee based on hourly rates plus reimbursable expenses according to the attached Billing Rate Schedule estimated not to exceed the amounts as follows in each phase of the project: o Design Phase, including Project Scoping and Preliminary and General Work $64,000.00 o Bidding Phase $11,000.00 o Construction Phase minus Resident Project Representative (Optional at the City's Request) $35,000.00 o Resident Project Representative Construction Observation (Optional at the City's Reauest) $38,000.00 o TOTAL Base Fee for Design Phase and Bidding Phase $75,000.00 o TOTAL Base Fee Plus Construction Phase minus RPR Option $110,000.00 o TOTAL Base Fee Plus Construction Phase including RPR Option $148,000.00 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. -7- FO By: Titli Date: uc-ro~s~ b~ dcfl~ ATTEST: /~(~~~y~c-~ ~C ~ -'~aey/ pwVorms~consagml.frm O:WROJ4529190J02WDMItJtAgr-092209-bwa City-Water Main River Crossings.doc Section IV FOR THE CONSULTANT Title: 1~l'~° ~ Cf/9~~~ Date: 9~ D I Howard R. Green Company HOWARD R. GREEN COMPANY Billing Rate Schedule Effective January 1, 2009 Billin Professional Services Rate Range Principal $185 to $225 Senior Professional $135 to $185 Professional $110 to $160 Junior Professional $80 to $110 Senior Technician $75 to $100 Technician $50 to $80 Field Personnel $50 to $80 1 -Person w/GPS or Robotic Equipment $105 2 -Person Crew w/GPS or Robotic Equipment $155 Administrative $40 to $75 Reimbursable Expenses 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey vehicle mileage will be reimbursed on the basis of $0.85 per mile. 3. Charges for sub-consultants will be billed at their invoice cost plus 15%. 4. A rate of $6.00 will be charged per Howard R. Green labor hour for a technology and communication fee. 5. All other direct expenses will be invoiced at cost plus 10%. 8710 Earhart Lane SW • Cedar Rapids, IA 52404 • PO Box 9009 • Cedar Rapids, IA 52409-9009 319.841.4000 fax 319.841.4012 toll free 800.728.7805 www.hrgreen.com ~'~$ 13 Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 RESOLUTION NO. ne-~~S RESOLUTION TO ESTABLISH A UNIFORM POLICY REGARDING THE LOWERING OF THE FLAG OF THE UNITED STATES TO HALF STAFF AT CITY BUILDINGS AND RESCIND RESOLUTION NO 71-444 WHEREAS, the City Council passed a uniform policy regarding the lowering of the flag of the United Stated to half staff by Resolution No. 71-444 ;and WHEREAS, it is in the public interest that such a policy be updated and clarified. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the flag of the United Stated be flown at half staff at City buildings in Iowa City, Iowa on the following occasions: a) Whenever decreed by the President of the United States of America. b) Whenever decreed by the Governor of the State of Iowa. c) In observance of the death of any former or current Mayor or City Council Member of Iowa City, Iowa. d) In observance of the death of any current City employee, permanent or temporary (seasonal). e) In observance of the death of any person while on active duty with the Armed Forces of the United States of America whose home of record is Iowa City, Iowa. 2. That the flag when lowered in observance of a death be flown at half staff the entire day of the funeral or memorial service for the deceased, or, in the event there is no service, on another designated day. 3. That said policy be carried out by the City Manager or designee. 4. Resolution 71-444 adopfed the 16~' day of November, 1971, is hereby repealed. Passed and approved this 6th day of October , 2009. ClerWres/flagpolicy. doc Attest: City Attorney's Of~Ce Resolution No. 09-325 Page 2 It was moved by Wilburn and seconded by wr~ht the Resolution be adopted, and upon roll call there were: AYES: X ~- x ~_ X X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc