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HomeMy WebLinkAbout2001-04-03 Resolution Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 01-75 RESOLUTION SE'FrING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND. ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT PARKING LOT RESURFACE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 17th day of April, 2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 3~"d day of April 1 ,20 0:1 ATTEST. Ci~z,-.~iR~/) ~ ?~x-j J'ice'c~''O' L City Atto ney's Offi e Resolution No. 01-75 Page 2 It was moved by Vande~-hoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X . Pfab X Vanderhoef X Wilbum Prepared by: Maggie Grosvenor, ICHA, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5407 RESOLUTION NO. 01-76 RESOLUTION SETTING A PUBLIC HEARING ON MAY 15, 2001 FOR THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Annual Plan; and WHEREAS, the Annual Plan provides details about the agency's immediate operations, program participants, programs and services, and the agency's strategy for handling operational concerns, residents' concerns and needs, programs and services for the upcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing for the Iowa City Housing Authority's updated Annual Plan be set for May 15, 2001. 2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 3rd day of Apri ,2001. Approved by City Attorney's Office It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Denny Gannon, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 01-77 RESOLUTION ACCEPTING THE WORK FOR THE RIVER STREET/WOOLF AVENUE RECONSTRUCTION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the River StreetNVoolf Avenue Reconstruction Project, as included in a contract between the City of Iowa City and Tschiggfrie Excavating Co. of Dubuque, Iowa, dated March 30, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. 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 3rd day of April ,2001. Approved by It was moved by Vanderhoef and seconded by Champl on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn Cffl/or March 26, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: River Street / WooIf Avenue Reconstruction Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the River Street / Wooif Avenue Reconstruction Project has been completed by Tschiggfrie Excavating Company of Dubuque, Iowa in substantial accordance with the plans and specifications prepared by NNW, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $2,821,971.85, of which the University of Iowa will contribute $622,422.35. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ric~/d F/osse, P.E. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 · (319) 356 5000 * FAX (319) 356=5009 City of Iowa City MEMORANDUM Date: March 28, 2001 To: Steve Atkins From: Kim Johnson~'rr2 Re: Agenda Items The following are costs associated with the Capital Improvement Project being presented for acceptance at the April 3rd Council meeting: 1 ) River Street / WooIf Avenue Reconstruction Project Contractor: Tschiggfrie Excavating Company · Project Estimated Cost: $ 2,306,283.65 · Project Bid Received: $ 2,888,645.20 · Project Actual Cost: $ 2,821,971.85 · University of Iowa Contribution $ 622,422.35 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 01-78 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR PHASE 1 ON LOT 2 OF SADDLEBROOK ADDITION, PART '1, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer improvements for Phase I on Lot 2 of Saddlebrook Addition, Part 1, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and the public improvements hereby formally accepted and declared open for use. Passed and approved this 3rd day of Apri , CI City Attorney's Office It was moved by Vanderhoef and seconded by ~.hamp~nn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng~resLsadlebrk2.doc ENGINEER'S REPORT March 26, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: Lot 2 of Saddlebrook Addition, Part 1 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer improvements for Phase 1 of Lot 2 of Saddlebrook Addition, Part 1 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. A required maintenance bond is on file in the City Clerk's Office for the sanitary sewer improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET , IOX~A CITy, IOWA 52240-1826 , (319) 356-5000 · FAX (319) 356-5009 Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 01-79 RESOLUTION CHANGING THE NAME OF CAPTAIN IRISH PARKWAY TO SCOTT BOULEVARD. WHEREAS, the City Council did, byeResolution 97-234, at the July 15, 1997 City Council meeting, name the new arterial street to be extended between Dodge Street and Scott Boulevard "Captain Irish Parkway"; and WHEREAS, through the Northeast District Plan planning process, which was adopted by the City Council, the alignment of Captain Irish Parkway was changed to no longer intersect with the extension of Scott Boulevard, but rather to intersect directly across from Scott Boulevard at Rochester Avenue; and WHEREAS, the City Council did subsequently direct City staff to design for the future construction of Captain Irish Parkway according to the Northeast District Plan alignment; and WHEREAS, this will create confusion as to where Scott Boulevard ends and Captain Irish Parkway begins. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution 97-234 is rescinded. 2. The street formerly designated as Captain Irish Parkway is hereby renamed Scott Boulevard for its entire length between Rochester Avenue and North Dodge Street. 3. City staff is hereby directed to replace all existing street signs to reflect this name change. Passed.and approved this 3rd day of Ap~'i '1 ,20 01 . YOR City Attorney's Office It was moved by Vanderhoef and seconded by Champ1 on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn ppdadmlceslrename-capinsh,doc City of Iowa City MORANDUM Date: March 26, 2001 To: City Council From: City Manager Re: Street name change--Capt. Irish Parkway At a recent staff CIP meeting, we discussed the name Captain Irish and Scott Boulevard. We believe we should change the name of Captain Irish Parkway to Scott Boulevard. This decision was based on the fact the new street will intersect Rochester Avenue directly across from the Scott Boulevard intersection; the finished project will result in an essentially continuous north-south route from Highway 6 to Dodge Street/ Highway 1 North; and there are presently no properties addressed off of Captain Irish Parkway. Future reference to the capital project between Dodge Street and Rochester Avenue would be as Scott Boulevard. The name Captain Irish Parkway may then be used for some other street in the City. I will place the name change on an upcoming consent calendar for your consideration. cc: Public Works Planning Finance ~ . Indexbc\memos~A-1SA.doc // Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 01-80 RESOLUTION ESTABLISHING A DEER TASK FORCE. WHEREAS, Resolution No. 98-87, adopted on March 10, 1998, approved a long term deer management plan; and WHEREAS, Resolution No. 98-87 referenced the formulation of a Deer Committee appointed by City Council to assist the City Council in implementing said plan by annually making recommendations; and WHEREAS, the Deer Committee itself was not created by this resolution; and WHEREAS, because the present Deer Committee has been operating in part as an official city board and in part as an ad hoc committee, the City Attorney's Office recommends that the Deer Committee be established as a task force; and WHEREAS, the Deer Committee met on March 20, 2001, and recommended that that the Deer Committee become the Deer Task Force; and WHEREAS, the process by which recommendations will be made to the City Council and the composition of the group need not change if the group exists as a task force; and WHEREAS, it would be in the public interest to create the Deer Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Deer Task Force is created to fulfill the requirements assigned to the Deer Committee in Resolution No. 98-87. The Deer Task Force will be comprised of nine (9) individuals representing the following categories: Two Animal Welfare Advocates, One Gardener, One Hunter; One BioFogist/Scientist; One NonGovernment Conservationist; and Three At-Large Members. The individuals, who currently serve as members of the Deer Committee, are retained as members of the Deer Task Force, and will continue to serve throughout the tenure of the task force or until they choose to resign. Appointment to the two open seats and to any seats which may come open during the tenure of the Deer Task Force will be filled by Council after receiving recommendations from the Deer Task Force and in accordance with the categories established in this resolution. The Deer Task Force will sunset on March 15, 2004, at which time the Task Force will recommend to Council a future direction for the Task Force. The Deer Task Force and City Council will annually review and reaffirm the existing Long Term Deer Management Plan. Resolution No. 01-80 Page 2 Passed and approved this 3rd day of Apri 1 ,~~ by City Attorney's Office It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn sue\Ord&Res\DeerRes.doc 04-03-01 11 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA ~ RESOLUTION NO. ~ RESOLUTION ESTABLISHING A FORCE. No. 98-87, adopted on March 10, 19! approved a long term deer n; and WHEREAS, 9n No. 98-87 referenced a Deer Committee appointed by City Council to the City Council in im said plan by annually making recommendations WHEREAS, the itself was this resolution; and WHEREAS, because the Deer Committee operating in part as an official City board and in pad as an ad hoc lmittee, the ,y's Office recommends that the Deer Committee be ~rce; and WHEREAS, the Deer Committee met and recommended that that the Deer Committee become the Deer Task Force WHEREAS, the process by which will be made to the City Council and the composition of the group need not chanl ~ exists as a task force; and WHEREAS, it would be in the public il to the Deer Task Force. NOW, THEREFORE, BE IT BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Deer Task Force is fulfill the requirements ned to the Deer Committee in Resolution No. 98-87. The Deer Task Force will comprised of nine (9) individuals ~resenting the following categories: Two Anima Welfare Advocates, One One Hunter; One BiologistJScientist; One N~ ~overnment Conservationist; and Members. The individuals, who serve as members of the Deer are retained as members of the Deer Force, and will continue to serve throughout the of the task force or until they chc ;e to resign. Appointment to len seats and to any seats which may come open during th tenure Task Force and t i The Deer Force will sunset on March 15, 2004, at which time the Task Force wills\ recommend a future direction for the Task Force. The Deer T Force and City Council will annually review and reaffirm the existing Long Term \ Deer Man~ ement Plan. Passed and approved this day of ,2001. ", MAYOF \ APP~2Y ATTEST: '\, CITY CLERK City Attorney's Office It was moved by by the Resolution be adopted, and upon roll call ~ AYES: AYS: ABSENT:  Champion~ Kanner Lehman ""'x, O'Donnell "",, Pfab .uh°ef ,V b City of Iowa City MEMORANDUM TO: City Council FROM: Sue Dulek, Misha Goodman, and Lisa Mollenhauer DATE: March 28, 2001 RE: Deer Management At the request of the City Attorney's Office, the Deer Management Committee met on March 20 to formulate a recommendation on the future of the Committee. The Committee was acting as a Task Force but was configured in some respects as an official Board/Commission of the City and in some respects as an ad hoc committee. The Committee unanimously recommends to Council the following: 1. The Deer Management Committee become the Deer Task Force. A task force typically meets for limited periods of time and focuses on resolving or investigating one issue. This is the case with deer management. 2. The Deer Task Force exist for three years, with a sunset clause effective March 15, 2004. At that time, the Task Force would recommend to the Council a future direction for the Task Force. If it is recommended the Task Force continue, a new membership would be appointed to revisit the Long-Term Plan. 3. The Deer Task Force consist of nine members. The membership composition would be the same as last year with the exception of an At-Large representative in place of the Coralville representative. Nine members would represent the following: Animal Welfare (2), Biologist/Scientist (1), Non Government Conservation (1), Hunter (1), Gardener (1), At-Large (3). Members would serve for the entire three years unless they choose to resign. Vacancies would be filled via recommendation to Council by Task Force members. 4. The Task Force and Council to review and reaffirm the existing, or approve an amended, Long-Term Plan at the beginning of each year. This would ensure Council is in agreement with the goals to be fulfilled by the Task Force each year. The current Long-Term Plan was approved by resolution on March 10, 1998. The Task Force, if approved as recommended, would consist of the following individuals: Jan Ashman (Animal Welfare) Steve Hendrix (Biologist/Scientist) Linda Dykstra (Gardener) Nancy Menning (At-Large) Paul Emerson (Hunter) Vacant (At-Large) Pat Farrant (Animal Welfare) Vacant (Non Government Convservation) Harold Goff (At-Large) MINUTES P RE L I M I NARY DEER MANAGEMENT COMMITTEE MEETING MARCH 20, 2001 LOBBY - CIVIC CENTER MEMBERS PRESENT: Pat Farrant, Harold Goff, Jan Ashman, Nancy Menning, Linda Dykstra MEMBERS ABSENT: Doug Jones, Paul Emerson and Steve Hendrix STAFF PRESENT: Misha Goodman, Ron Fort, Sue Dulek, Lisa Mollenhauer OTHERS: Tim Thompson (DNR), Barb Goff, Sara Langenberg (IC Press-Citizen) CALL TO ORDER Lisa Mollenhauer called the meeting to order at 6:35 p.m. RECOMMENDATIONS TO COUNCIL By unanimous agreement, the Committee recommends Council approve the change of Deer Management Committee to the Deer Task Force with three-year sunset clause effective March 15, 2004. The task force would be comprised of nine members made up with the following representations: Animal Welfare (2), Biologist/Scientist (1), Non Government Conservation (1), Hunter (1), Gardener (1), At-Large (3). Members would serve for the entire three years unless they choose to resign. Vacancies will be filled via recommendation to Council by task force members. Each spring, after Task Force recommendation, the Council will consider affirmation of the Long-Term Plan prior to extensive Task Force review of options. OTHER Lisa Mollenhauer explained the City Attorney's Office is requesting the Committee make a recommendation to Council as to whether they become an official commission or to become a task force. Mollenhauer indicated the group acts more as a task force, as they meet on a limited basis and focus one problem or issue. Mollenhauer explained as a task force, members would remain active for as long as they choose to serve. The task force would continue to meet to review options and would then forward a recommendation to Council regarding population. In addition, the task force could continue education components such as conducting listening sessions, finishing the defensive driving video, completing an easy to read pamphlet, and possibly putting together a no-feed campaign. Farrant asked if the ultimate goal was for administrative simplicity. Mollenhauer stated that the Committee is not an "official" Committee as there are no bylaws. Dulek stated that the Committee currently does not fit within the City structure. Goff asked if they would still make recommendations to Council as in the past. Mollenhauer responded yes. The difference in stature would be to work toward fulfilling goals of the Long-Term Plan and not completely starting over each year. Goodman stated the Committee's goal was initially to come up with a plan. They have accomplished this goal with the Long-Term Plan. She recommends a task force be formed that serves a three-year term to deal with the items on the Long-Term Plan. At the end of three years, the Committee makes a recommendation to Council as to whether the task force should continue. If Council decides yes, they would continue the task force with new members to go Deer Management Committee Meeting Minutes March 20, 2001 Page 2 through the process again. This would allow new members to take an outline of history from the present group, revisit the issue on their own, and make a own recommendations for another Long-Term Plan. Farrant asked if a task force could be filled consistently. Goodman stated that same members could reapply to the new task force if they choose. Farrant stated that there was considerable thought by the Council on the layout of the people appointed to the committee. Mollenhauer stated that in her conversations with communities throughout the country, severe political problems arise when there isn't a good mix of people representing the community. It seems very important to retain a group with diverse opinions. Goodman stated that she felt a turnover on the task force would allow the public to have confidence that the issue is truly being revisited by new people with new ideas. Farrant stated it would be best to not have the City "reinvent the wheel," but the community needs may change over three years. Goodman stated that it would be very important for the existing group to provide a packet of history to the new group. Dykstra stated she cannot see an advantage to a complete member turnover every three years. Mollenhauer stated she would also like to see the task force ask the Council to affirm the long- term plan early on in the process each year. Goff feels that Council prefers to have guidance from the Deer Committee. Farrant proposed that the Deer Committee review the plan and, if it is still appropriate, reaffirm it. Council could then do the same. Dulek stated that the Long-Term Plan has been appreved by Council and, even though there are new Council members, this group is operating under that approval. The task force cannot deviate from the plan without obtaining Council approval. Farrant stated that she was not in favor of doing bylaws. She would be in favor of a task force. She feels that some people would want to remain on the task force, and you should not start over from the beginning with a new group as there is importance in some retention of history. Goff recommended the task force could pose to Council multiple recommendations along the process to pass instead of one grand recommendation at the end of a year. Menning asked the types of things Council has to approve. Mollenhauer stated that, for example, if a campaign on no-feed is desired, there is no Council action necessary. However, if an ordinance banning feeding was desired, Council would have to act. Mollenhauer asked if there was a consensus that the first question each year should be, "do you want to continue with the Long-Term Plan?". Goff stated that the task force should review the Long-Term Plan and ask Council to reaffirm it only if the task force feels it should be changed in some way. Mollenhauer responded that the task force could go to a lot of work, reach the end with a recommendation to manage the population only to have the Council say it was never their intention to kill deer. Dulek stated that the Long-Term Plan states the committee is to meet each spring to review: 1 ) educational material; 2) deer population numbers; 3) management options; and finally to 4) recommend methods to kill deer. If the task force feels their charge should be broader or that they should meet sometime other than spring, they should ask to have the objectives changed. Menning stated she was in favor of a task force as opposed to a commission. Mollenhauer stated that the task force would still be open to the public and notices would be posted. The changes would involve terms of service and appointments. A task force appointment would be for the duration of the three years. The task force members would recommend a replacement to Council if someone were to resign. Menning asked if a "downgrading" to task force may cause Deer Management Committee Meeting Minutes March 20, 2001 Page 3 the public to feel they can't get their voice heard. Mollenhauer reminded the group that whenever an idea has been brought forward by a member of the public, the group has looked into it. There is a solid history of review of options. She stated that she receives requests from communities all over the U.S. asking for information on our deer management program. Many who call are aware of how well our members have worked together. Dulek stated that making appointments would go quicker because a task force doesn't require a 30-day process as does a commission. Recommendations for appointments can be made to council as needs arise. Mollenhauer asked if the group wanted to set guidelines on appointments, dismissals, etc. Goff asked about "renewable terms." Dulek stated they can have long-term appointments or a term appointment. If the task force wants to have term appointments, they need to become a commission and prepare bylaws. A task force would allow less formal appointments for the term of the task force. Members could resign their appointment. Farrant stated it is her understanding they could recommend that Council give them a three- year term, at which time the task force would dissolve--a sunset clause. At the end of the three years, Council would receive a recommendation from the task force on whether or not to continue. Council could then decide what direction deer management should take. Mollenhauer summarized that the committee will recommend to Council that, beginning this year, the Deer Management Task Force be formed to meet for three years, and the current members will remain. If a member resigns, a new appointment will be made under the same representation classification. After three years, Council will make a decision to affirm to continue the task force, disband it, or have a new format, as recommended by the current task force. The consensus was that 9 members would be an appropriate number. The former Coralville representative will be changed to an "at large" appointment. Mollenhauer asked if the committee wants to continue to forward their recommendation to affirm the Long-Term Plan to Council after the first meeting if they come to a consensus. If changes to the Long-Term Plan were desired, a resolution from Council would be required. Inasmuch as there are possibly new Council Members every two years, it would be important to get their opinion. It was agreed that the task force would review the Long-Term Plan and submit it to Council for affirmation early on in the process each year. The Committee unanimously agreed to the formation of the Deer Task Force. Dulek stated she likes the idea of a paper trail going through Council. It was agreed that the minutes of the March 20, 2001, meeting would be submitted to Council for approval of the Deer Management Task ForGe. Mollenhauer submitted a copy of Tony's report on the 2000 deer accident information and the helicopter count. Tony conducted a helicopter count of areas he was working so he could determine the status of his work. Tim Thompson did a helicopter count Saturday, March 17, 2001, in areas Tony did not count. A complete work-up of these figures is being prepared and will be submitted to the task force. Residents from the west side calling the City Manager's Office with complaints of large numbers of deer have been encouraged to submit letters to the Council and Committee. Menning asked how the special DNR hunts in areas north of town went. Thompson stated that no one picked up the tags, so they plan to do a follow-up survey to contact a percentage of hunters to get a count. Dykstra asked if residents in the River Heights area could hunt that area. Thompson stated that they are in the county, and they can hunt on their own property with bow Deer Management Committee Meeting Minutes March 20, 2001 Page 4 and arrow without a permit. If you have permission, you can hunt on your own property with a firearm. They should check with the County regarding property line issues. Dykstra stated that there will probably be more plant damage due to the long snow cover. Thompson agreed because the deer couldn't get to their normal food sources. Thompson stated that 78 deer were taken in Coralville, and about 51 were adult does. He would like to get surveys done on the Johnson County zone. Menning asked if there were any areas in the City or nearby that have any significant amount of predation by loose dogs. Mollenhauer stated there shouldn't be any due to leash laws, but they did not have figures. Mollenhauer asked if current members were interested in remaining on the task force. All present indicated they would like to remain active. Doug Jones had previously indicated he would no longer be able to serve due to lack of time. There are two openings at this time. Mollenhauer stated that cleaning of deer reflectors has been added to the list of City projects for community service. Menning asked how they would obtain names for the two vacant spots on the committee. Mollenhauer said if Council agrees to the recommended format, members should come to the next meeting with names of potential applicants. ADJOURNMENT The meeting adjourned at 7:29 P.M. Minutes submitted by Neana Saylor. ADVERTISEMENT FOR BIDS CAPTAIN IRISH PARKWAY EXTENSION (PHASE II) & FIRST AVENUE EXTENSION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 271h day of March, 2001, or at a later date and/or time as determined by the Director of Public Works designee, with notice of said later date and/or e published as required by law. Sealed immediately thereafter by the City E Bids submitted by fax machine a "sealed bid" for meeting be held in the Cotmci] ChamSers at 7:00 P.M. 3rd day of April, 2001, or at such later time and be scheduled. [ involve the following: 1. of approxi,mately 2,700 linear feet of roadway improvements for / 2. Constr~ction of 1,700 linear feet of First the existing north The work inc topsoil and respreading, storm intakes, sub-base, subdrains, concrete finish grading, , seeding, field fence installation. and erosion control traffic conn:ol and All s to be done in strict compliance plans prepared by Shoemaker Engineers, of Coralville, which heretofore been approved by the Cit2 and are on file for public examination in the City Clerk. proposal shall be completed on a form fundshed by City and must be accompanied in a sealed separate from the one containing the by a bid bond executed by a corporation to contract as a surety in the State of Iowa, the sum of 10% of the bid. The bid security shall be layable to the TREASURER OF THE CITY OF CITY, IOWA, and shall be forfeited to the City m the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory m the City ensuring the faithful performance of the contract and nmintenance of said AF-1 Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and protect and save harmless the City from and damages of any kind caused directly or by the operation of the contract, and also a period to five (5) year(s), as s from and completion and formal ac by the shall apply to 120 The plans, contract documents may be (.he office of the City Clerk. Copies of said [ form of proposal blanks may be~ at the Office of Shoemaker & Engineers, Coralville Iowa, by A $100.00 plan depqs(t with $40.00 is required for each ;~et of plans and provided to bidde,r,s/or other interested The fee shall be in the/form of a check, made to Shoemaker & Ffaaland Professional Engineers. A Pre-Bid ;Conference for prospective be held at the Iowa City Civic Center, 410 Washington Street, Iowa City, Iowa on Tuesday, March 20, 2001 at 10:30 a.m. Bidders are encouraged to attend to meet with the design engineer and city representatives to discuss project requirements. Prospective bidders are advised that the City of Iowa Ci,& desires to employ minority contractors and sfibcontractors on City projects. A listing of minority Zontractors can be obtained from the Iowa Department /of Economic Development at (515 ) 242-4721. Bidders shall list on the Form of Proposal the names of persons, frrms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract ~T~unt(s). e Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under AF-2 Iowa Statutes. The Iowa reciprocal residem bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR~ CITY CLERK AF-3 Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 01-81 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2001 ASPHALT RESURFACING PROJECT. WHEREAS, L. L. PeIling Company, Inc. of North Liberty, Iowa has submitted the lowest responsible bid of $832,763.33 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to L. L. Peiling Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 3~'d day of Apfi ] ,2001. Approved by pwengVes~01asphaltdoc 9/99 Resolution No, 01-81 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X . Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilbum ADVERTISEMENT FOR BIDS 2001 ASPHALT RESURFACING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 th A.M on the 27 day of March, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 34 day of April, 2001, or at such later time and place as may be scheduled. The Project will involve the following: 10,015 tons of asphalt, 45,040 sq. yds. of pavement milling, 2,660 lin. ft. of curb and gutter, chip sealing, crack filling, and related work. All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save AF-1 harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 50 Late Start Date: April 16, 2001 Liquidated Damages: $200 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. A $10.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City, iowa. Prospective bidders are advised that the City of iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-2 I04-03-01 14 Prepared by: Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 01-82 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE FOURTH AVENUE BRIDGE RECONSTRUCTION PROJECT IBRC-3715(619)- -8E-52. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for a Federal-Aid Innovative Bridge Research and Construction Program Project IBRC-3715(619)--8E-52 for the removal and replacement of the Fourth Avenue bridge, which spans over Ralston Creek. This agreement will provide eligible project costs to be reimbursed with Federal funds to a maximum amount of $135,000. The funding will cover costs associated with preliminary engineering, construction and evaluation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation for Federal-Aid Innovative Bridge Research and Construction Program funds. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 3i'd day of Ap 'y ,2001. CI City Attorney's Office It was moved by 0' Donnel 3 and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn p~en~/res/4thayebrdg{joc August 2000 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL-AID INNOVATIVE BRIDGE RESEARCH AND CONSTRUCTION (IBRC) PROGRAM PROJECT RECIPIENT: City of Iowa City PROJECT NO: IBRC-3715(619)--8E-52 IOWA DOT AGREEMENT NO: 00-IBRC-88 This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A.7 and 307.44, provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT proposes an Innovative Bridge Research and Construction (IBRC) Program project for funding under Sec. 503 of Title 23, United States Code. The Transportation Equity Act for the 21st Century (TEA-21), enacted in 1998, provided for the Federal-aid Innovative Bridge Research and Construction (IBRC) Program to demonstrate the application of new, cost-effective innovative material technology in the construction of bridges and other structures. Federal regulations provide that the IBRC funds are to be administered by the DEPARTMENT. Pursuant to the terms of this agreement and applicable statutes, the DEPARTMENT agrees to provide IBRC funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement.. 2. All notices required under this agreement shall be made in writing to the DEPARTMENT and the RECIPIENT's contact person. The DEPARTMENT's contact person shall be the District 6 Local Systems Engineer. The RECIPIENT's contact person shall be Dennis Garmon, P.E. .. Agreement No: 00-IBRC-88 Page 2 3. The RECIPIENT shall be responsible for the development and completion of the following described bridge project: 4th Avenue Bridge over Ralston Creek A. FHWA Structure Number: ###### B. Location: 4th Avenue between Muscatine Avenue and E Street C. Preliminary Estimated Total Cost: $195,000 4. The RECIPIENT shall receive reimbursement for authorized and approved project costs of eligible items from IBRC Federal funds. The portion of the eligible project costs paid by IBRC Federal funds shall be limited to a maximum of $135,000. 5. The approved amount of $135,000 will include the costs for the innovative portion of preliminary engineering, construction and evaluation. If Federal-aid is requested for in-house engineering services, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. The RECIPIENT, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 - Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the govemmental unit. 6. The RECIPIENT shall submit a workplan indicating the planned construction in monitoring and evaluation of the innovative materials portion of the project. The effort shall be commensurate with the funding approved for evaluation on the IBRC application. 7. The RECIPIENT should advertise the Project for bids within the Federal Fiscal Year 2001 (before September 30, 2001) or within a reasonable time period thereafter. 8. The Project requires a two (2) year evaluation Period. The RECIPIENT shall submit to the DEPARTMENT and the Federal Highway Administration (FHWA) the yearly status reports during the evaluation Period and a final report at the end. 9. Due to the unique nature of this Program, the RECIPIENT will include FHWA in the review of design and construction of the Innovative Portions of this Project. 10. The funds must be obligated within the Federal Fiscal Year 2001. This agreement will become null and void if the Federal funds are not obligated for this Project prior to September 30, 2001. 11. The attached EXHIBIT 1B will apply and is hereby made a part of this agreement. Agreement No: 00-IBRC-88 Page 3 1N WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 00-IBRC-88 as of the date shown opposite its signature below. RECIPIENT: City of Iowa City Title Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, and that Ernest W. Lehman , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 3rd day of Apri 1 2001 Signed ~9~.,.,,4~) ~"~ ~'fvt.-~/Date April3 , 2001 City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division Thomas L. Parham, P.E. Urban Systems Engineer Office of Local Systems July 1999 EXHIBIT 1B Standard Provisions for Federal-Aid IBRC Program Project Agreement 1. Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessaz7 actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age or handicap/disability. The DEPARTMENT will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federal-aid projects. 2. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTMENT's Action Plan for project environmental studies including historical/cultural reviews and location/design approval. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). 3. The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. 4. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. 5. If Federal-aid is requested for in-house engineering services, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. The RECIPIENT, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 - Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. ~ 4~ EXHIBIT 1B -2- 6. If Federal-aid is requested for preliminary and/or construction engineering costs, the RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's consultant selection process. 7. The RECIPIENT and Consultant shall prepare the consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). This is required only if the RECIPIENT uses federal fimds for engineering services. 8. After the contents of the consultant contract have been mutually approve& the RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for authorization only if federal funds are used for engineering services. 9. If preliminary engineering is federally ftmded, if the "do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay to the DEPARTMENT an amount equal to the amount of Federal funds made available for such engineering. 10. The RECIPIENT shall acquire the project fight-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in Right of Way purchase are involved. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get environmental concurrence and Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 11. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 12. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and waming lights as necessary. EXHIBIT 1B -3 t3. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. Following FHWA's authorization, the DEPARTMENT will advertise the projects for letting and furnish the RECIPIENT with a sample letting package. The RECIPIENT shall comply with the public hearing requirements of the Iowa Code Section 384.102. 14. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and reviewed, the DEPARTMENT will furnish the RECIPIENT with a tabulation of responsive bids received. 15. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail three (3) originals of the tinexecuted contract(s) to the RECIPIENT. 16. The RECIPIENT shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the RECIPIENT shall forward to the DEPARTMENT two (2) copies of the fully executed contract, two (2) copies of the performance bond, and two (2) copies of the certificate of insurance. 17. If Federal-aid is requested for force account construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 18. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration (FHWA) approval and obligation of Federal-aid funds. 19. The RECIPIENT shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services according to its normal policy. 20. The project shall be constructed under the DEPARTMENT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. 21. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or sums of Federal funds in the right of way to the DEPARTMENT. 22. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. EXHIBIT 1B -4- 23. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. 24. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. 25. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such materials available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 26. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENTs application review and approval process, plan and construction reviews, and funding participation. 27. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. 28. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a. The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The RECIPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 29. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 30. It is the intent of both parties that no third party beneficiaries be created by this agreement. EXHIBIT 1B -5- 31. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code chapter 384. The RECIPIENT agrees that at such time as its collections (exclusive of interest and penalties which shall be. retained by the RECIPIENT) from special assessments levied for this project exceed the local share of total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. 32. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 33. This agreement, as set forth in items 1 through 11 and EXHIBIT 1B paragraphs 1 through 33 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT conceming this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 01-83 RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MCCLURE ENGINEERING COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY COURT HILL TRUNK SANITARY SEWER PROJECT. WHEREAS, the City of Iowa City owns and operates the Court Hill Trunk Sanitary Sewer System; and WHEREAS, professional engineering services are required to design the reconstruction of the Court Hill Trunk Sanitary Sewer Project; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by McClure Engineering Company Consulting Engineers of Iowa City, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with McClure Engineering Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement by and between the City of Iowa City, Iowa, and McClure Engineering Company Consulting Engineers for the Provision of Engineering Consultant Services, attached hereto and made a part hereof, is in the public interest, and hereby appreved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 3f'd day oR.~//~* ,,~~......~ Approved by CI It was moved by Pfab and seconded by Champ'inn the Resolution be adopted, and upon rorl call there were: AYES: NAYS: ABSENT: X Champion X Kanner X . Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn CONSULTANT AGREEMENT FOR THE COLFRT HILL TRUNK SEWER IMPROVEMENTS PROJECT, 2000: FINAL DESIGN, BIDDING, AWARD AND CONSTRUCTION PHASES (MEC #3017) THIS AGREEMENT, made and entered into this 3 r,,J day of ,ApR! b ,2001, by and between the City of Iowa City, a municipal corporation, hereina~er referred to as the CITY and McClure Engineering Company of Iowa City, Iowa~ hereinafter referred to as the CONSULTANT. WHEREAS, the CITY desires to obtain the services of a consulting firm in order to improve the City's sanitary sewer system as necessmy. to meet current and future demands and WHEREAS, the construction of the Court Hill Trunk Sewer includes installation of a new sanitary. sewer tnmkline from Court Hill Park to a point east of Scott BIrd in Scott Park, and WHEREAS, the construction of the Court Hill Trunk Sewer includes construction of a portion of the Court Hill Trail System between Beech Street and Scott Boulevard, and WHEREAS, the CITY desires the services of a consulting firm to evaluate alternatives and prepare preliminary. and final design plans and project manual for bidding and construction of the Court Hill Trunk Sewer, all of ~vhich shall be eatled the PROJECT and, WHEREAS, the CITY has negotiated an Agreement with McClure En~neenn~ Co. of Iowa City, Iowa to provide said consulting services. NOW THEREFORE, it is agreed by and be~,veen the parties hereto that the CITY does now contract with the CONSULTANT to provide services as follow: I) SCOPE OF SERVICES The work to be performed by the CONSULTANT under this Agreement will encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver final plats, plans and contract documents for the PROJECT which include: · Installing approximately 4,600 LF of trunk sewer parallel to or to replace the existing sanitary sewer line that runs from Scott Park to Court Hill Park. · Surface removal and replacement associated with sewer constructions. · Constructing a bicycle/pedestrian trail from the South end of Beech Street to the existing sidewaJk on the West side of Scott Boulevard. This Agreement, as of the date above, sets fees for Engineering services described in Sections I- A) Prelirnma_ry, Design Phase (Trail), B) Final Design Phase, C) Bidding and Award Phase~ and D) Construction Phase A) Preliminary Design Phase: Court Hill Trail The work to be performed by the CONSULTANT under the Preliminary Design Phase: Court HHi Trail will include the following: 1. Conduct additional field surveys of the routes and sites to obtain topographic data as necessary for design and construction of the section of the Court Hill Trail to be included in the PROJECT. 2. Preliminary Estimate of Quantities and Estimated Construction Cost Deternune a list of the bid items associated with the section of the Court Hill Trail to be included in the PROJECT along with an estimate of quantities and cost for each bid item. Update throughout design process. 3. Preliminary. Plan and Profile Sheets Develop preliminary plan and profile sheets along the proposed trail alignment. Include the necessary. design work to show the preliminary features for the proposed Waft. Share preliminary plan and profile information with local utilities. B) Final Design Phase The work to be performed by the CONSULTANT under the Final Design Phase will include the following: 1. Conduct additional field surveys of the routes and sites to obtain topographic data as necessary for design and construction of the Project Facilities. 2. Locate utilities in vicinity of proposed construction 3. Prepare final design calculations and construction drawings. 4. Prepare detailed construction specifications and contract documents using the City's standard specifications modified as necessary to satisfy, specific design considerations. 5. Submit and discuss drawings at the 10% (outline stage) and 80-90% (final review stage) with the City and utilities. 6. Assist in securing permits, related to the Project, on behalf of the CITY. Any fees for construction permits, licenses and other costs associated with permits and approvals will be the responsibility. of the CITY. The CONSULTANT shall complete the necessary permit applications and send copies to the City. 5. Make periodic site visit to evaluate the contmctor's aclivities and progress. This does not include daily inspections of the project. 6. Draft monthly requests for payment and make recommendations to the City.. 7. Conduct or witness final inspections and tests of performance. Prepare a final puch list of incomplete work. 8. Measure final in-place quantities of the various items of construction and recommend final payment of the contractor. 9. Prepare Record-of-Construction plans for the completed improvements. 10. Attend periodic meetings and report to the City stafC 11. Send notice of completion to Iowa Deparlment of Natural Resources. E) Additional Services 1. General Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement, the CONSULIANT will furnish or obtain the following services: a. Flood plain permitting b. Environmental impact statements c. Resident Project Representative (RPR) and materials testing d. Wetland determination/mitigation e. Pre-Bid Meeting with contractors F) SERVICES NOT INCLUDED IN TIllS PROPOSAL 1. Environmental assessments and/or impact statements. 2. Investigation and/or mitigation of hazardous materials, if any. 3. Expenses for soil borings or soil investigations (if required) 4. Daily inspection (RPR) of construction, and monthly reports of construction progress. The CONSULTANT will also participate in consultations with permitting authorities. It is anticipated that the following permit(s) will be appfied for: · IDNR Construction PernliI for sanitary sewer. · State Historical Society Submittal · Iowa City Sensitive Areas Ordinance Review/Compliance 7, Prepare final cost estimates. 8. Prepare bidding forms and contract documents using City standardized formats, including notices. C) Bidding and Award Phases The work to be performed by the CONSULTANT under the Bidding and Award Phases will include the following: 1. Distribute advance notice to bidders two (2) weeks before the public heanng 2. Distribute plans and specifications to contractors after public hearing. 3. Prepare and distribute addenda as necessary.. 4. Answer questions or give additional instruction to City staff and/or bidders, as necessary.. 5. Assist at the bid opening, tabulate the bids received, make an evaluation and provide a recommendation of the award of the contract. 6. Issue notice of award and obtain executed contract documents from successful bidder. D) Construction Phase The work to be performed by the CONSULTANT under the Construction Phase will include the following: 1. Conduct a pre-construction meeting with the contractor(s), City staff and others. 2. Perform construction layout staking and provide the horizontal and vertical control for the construction. 3. Review and comment on shop drawings. 4. Draft change orders for use by City stafE G) CITY RESPONSIBILITIES The City shall: 1. Provide all criteria and full information as to the City's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary. limitations; and furnish copies of all design and construction standards, which the City will require to be included in the Drawings and Specifications. 2. Assist Consultant by furnishing or placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 3. Arrange for access to and make all provisions for Consultant to enter upon public and private property, as necessary for the Project, for Consultant to perform his services. The CONSULTANT shall make initial contacts with properly. owners. 4. Furrash approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary. for completion of the Project. 5. Designate in writing a person to act as the City's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Ci.ty's policies and decisions with respect to materials, equipment, elements and systems pertinent to Consultant's services. 6. Give prompt written notice to Consultant whenever the Ci.ty observes or othersvise becomes aware of any development that affects the scope or timing of Consuhant's services, or any defect in the work of Contractor(s). 7. Furnish, or direct Consultant to provide, necessary.' Additional Services as stipulated in Section I. E) of this Agreement or other services as required. 1I. TIME OF COMPLETION The provisions of this Section II and the various rates of compensation for CONSULTANT's services provided for else~vhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the project through completion of the Construction Phase. CONSULTANT's obligatton to render services hereunder will extend for a period, which may reasonably be required for the design, award of contracts and construction of the project including extra work and required extensions thereto. A) Anticipated Schedule The CONSULTANT anticipates completion of the various phases of the PROJECT in accordance with the following tentative schedule: · Final Design Phase Approximately four (4) months after authorization to proceed on Final Design. · Bidding Phase and Construction Phase Schedule as determined by the City. III. GENERAL TERMS A) The Consultant shall not commit any of the following emplo.vment 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 identi.ty, creed 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, martial status, gender identity, creed or sexual orientation. B) Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' ~vritten 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 do the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as m~' 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 fumish 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 such meetings of the City Council relative to the work set for the 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 fumish 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 the mount sufficient to properly complete the Project in accordance with this Agreement. K) Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L) Original contract drawings shall become the properly. of the City. The Consultant shall be allowed to keep Mylar reproducible copies for Consultant's own filing rise. M) Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CiLy- N) Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a Ci.ty officer or employee from having an interest in a contract xvith the City, and certifies that no employee or officer of the Cih.', which includes members of the Ci.ty Council and City boards and commissions. ahs an interest, either direct or indirect, in this agreements, 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 A) Preliminary and Final Design, Bidding, and Construction Phase. For Engineering services described in Sections I. A), B) C) and D) the CITY shall pay the CONSULTANT for basic services rendered on an hourly basis as set out in Exhibit 'A', not-to-exceed Eighty-Seven Thousand, Five Hundred Dollars ($87,500). B) Additional Items: For other additional services as described in Section I. E) the CITY shall pa.v the CONSULTANT on an hourly basis for the work performed as needed to complete the project. Services will be billed in accordance with Exhibit 'A'. C) Miscellaneous Services (printing, copying and others) The above prices include an allowance for copies of the documents as follows: 1. Preliminary Plans and Specifications 2 copies 2. Final Construction Plans, Cost Estimate, and Specifications 5 copies 3. Contract Documents 5 copies 4. Bidding Documents 2 copies 5. Record-of-Construction Dra~vings 1 copy' 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. Emest W. Lehman 7~::,' Howard B. lo nson III. PE Title: Mavor f4tle: Regional Manager Date: APart. :l, Jt>~l Date: ffi Date I OFneV S lee EXHIBIT 'A' RATE SCHEDULE FOR ADDITIONAL SERVICES PERSONNEL HOURLY RATE Engineer I (EI) $95.00 Engineer II (EII) $80.00 Engineering Technician (ET) $65.00 CADD Technician (CT) $45.00 Administrative Assistant (AA) $40.00 Crew Chief(CC) $55.00 Crew Member (CM) $40.00 Resident Project Representative (RPR) $55.00 Rates are effective through June 30, 2001, and ma.v be subject to change thereafter. ESTIhlATE OF EN(dNEERING COSTS FOR FINAl, I)ESIGN. BIDDING AND CONSTRIIUI'ION (PvlEC'S 3017) 04-03-01 16 Prepared by: Mitchel T. Behr, Asst City Atty, 410 E Washington St., Iowa City. IA 52240 (319)356.5030 RESOLUTION NO. 01-84 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT FOR LOT 2, SADDLEBROOK ADDITION, PART 1, IOWA CITY, IOWA WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the Subdivider submitted a subdivision plat for the area known as Saddlebrook Addition, Part 1, Iowa City, Iowa, and under said plat, infrastructure was installed to service the structures within the development; and WHEREAS, during the installation of said infrastructure, it was determined that an additional sanitary sewer easement is required; and WHEREAS, City staff has approved the location of the proposed sanitary sewer easement as well as the associated easement agreement; and WHEREAS, the easement.agreement requires City Council approval and the execution of the same is in the public interest of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer Easement Agreement for Lot 2, Saddlebrook Addition, Part 1, Iowa City, Iowa, upon direction by the City Attorney. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the expense of the Subdivider. 3. The Subdivider shall amend the mylar plat of the development to reflect this additional easement. ~~d ~;iJ~ay of Apri 1 ,2001. ATTEST: Cl.~l~ CLERK Approved by: Resolution No. 01-84 Page 2 It was moved by Pfab and seconded by Champion the Resolution be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X . Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn